OpenLegislation

Rule 92 Clerk in holy orders serving in a cathedral churchI1

England

In the case of a clerk in holy orders serving in a cathedral church—

(a)

No disciplinary proceedings under section 10 of the Measure may be instituted except by way of a written F1allegation of misconduct made in form 1d in the Schedule F2....

(b)

A person shall be duly nominated to institute proceedings for the purposes of section 42(2)(a) of the Measure if there has been a duly convened meeting of the council of the cathedral church, at which not less than two-thirds of the lay members of the council are present, and not less than two-thirds of the lay members present and voting pass a resolution to the effect that proceedings be instituted.

(c)

An application to the bishop for a determination that a person has a proper interest in making F3an allegation of misconduct under section 42(2) of the Measure shall be made in writing and shall set out the grounds for making the application.

  • The bishop may seek advice from the registrar as to whether the applicant has a proper interest in making the allegation of misconduct.

  • The bishop’s determination that a person has a proper interest in making an allegation of misconduct shall be in writing signed by the bishop, and the bishop shall send or deliver it to that person and provide a copy for the registrar.

(d)

F4An allegation of misconduct in writing shall have attached to it either a certified copy of the resolutions in favour of the institution of proceedings and of the nomination of the complainant, or the bishop’s written determination under paragraph (c) above, as the case may be.

(e)

Rules 55 and 56 shall be read as if the words “the parochial church council” wherever they appear read as “the council of the cathedral church”.

(f)

For the purposes of rule 63 a copy of a notice of suspension shall be sent or delivered by the bishop to—

(i)

other clergy who serve in the relevant cathedral church,

(ii)

the secretary of F5the Chapter of the relevant cathedral,

(iii)

the registrar,

and rules 64(2), 65 and 66(4) shall be construed accordingly.

Annotations

Textual amendments

F1

Words in rule 92(a) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F2

Words in rule 92(a) omitted (13.7.2021) by virtue of The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rules 1(2), 13(1)

F3

Words in rule 92(c) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F4

Words in rule 92(d) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2

F5

Words in rule 92(f)(ii) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 41 (with ss. 42(4), 48, 50(2), 52(1))

Commencement

I1

Rule 92 in force at 1.1.2006, see rule 107(2)