OpenLegislation

Rule 9 Receipt of allegationF10I1

England

(1)

On receipt of F1an allegation of misconduct the bishop, or a person authorised by the bishop, shall send the complainant an acknowledgment of the F2allegation, which states—

(a)

the date when proceedings were instituted, which is the date the allegation was received, and

(b)

subject to F3F4paragraph  (1A), that the allegation together with the written evidence in support of the allegation, if any, will be referred to the registrar for a written report to be prepared setting out the registrar’s views on—

(i)

whether at the date when proceedings were instituted the complainant was entitled under section10 of the Measure to make the allegation, and

(ii)

whether there is sufficient substance in the allegation to justify proceeding with it in accordance with the provisions of the Measure.

F5...

F6(1A)

Where an allegation of misconduct alleges misconduct which might constitute a criminal offence, the acknowledgment shall state that resolution of the F7allegation of misconduct under the Measure may be postponed to await the outcome of police or other investigations.

(2)

The bishop, or a person authorised by the bishop, shall refer the allegation of misconduct and written evidence in support of the allegation to the registrar within F8one business day of receipt F9; but this requirement does not apply in a case where an online facility of the kind mentioned in Rule 101(1A) is being used.

Annotations

Textual amendments

F1

Words in rule 9(1)(1A) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F2

Word in rule 9(1)(1A)(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F3

Words in rule 9(1) substituted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 5(2), 37(2); 2014 No. 2, s. 2

F4

Word in Rules substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 14(a)

F5

Words in rule 9(1) omitted (1.2.2014) by virtue of The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 5(3), 37(2); 2014 No. 2, s. 2

F6

Rule 9(1A) inserted (1.2.2014) by The Clergy Discipline (Amendment) Rules 2013 (S.I. 2013/1917), rules 5(4), 37(2); 2014 No. 2, s. 2

F7

Words in rule 9(1A)(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F8

Words in rule 9(2) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 8(3)(a)

F9

Words in rule 9(2) inserted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 8(3)(b)

F10

Word in rule 9 title substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

Commencement

I1

Rule 9 in force at 1.1.2006, see rule 107(2)