Rule 95 Ministers with a licence from the Archbishop of the provinceI1
England
In the case of a minister who has a licence from the archbishop of a province to preach throughout the province—
A request to the archbishop of the province for authorisation to institute disciplinary proceedings under the Measure shall be made in writing and shall set out the grounds for making the request.The authorisation by the archbishop of the province for the institution of proceedings shall be in writing signed by the archbishop, and the archbishop shall send or deliver it to the person who is to act as complainant and provide a copy for the provincial registrar.
F3An allegation of misconduct in writing shall have attached to it the written authorisation of the archbishop of the province under paragraph (b) above.
Any reference in these rules to the bishop shall be construed as references to the archbishop of the province, and any reference to the registrar shall be construed as references to the provincial registrar.
Where the respondent has consented in writing to a conditional deferment the archbishop of the province shall within 21 days send—
to the complainant and the respondent a copy of the determination to impose a conditional deferment, and
to the provincial registrar a copy of the determination, the F4allegation of misconduct with evidence in support, and the respondent’s answer, if any, with evidence in support, and the provincial registrar shall maintain a record of the conditional deferment for such period not exceeding five years as the archbishop may determine;
and form 6 and rule 24(b) shall be adapted accordingly by omitting reference to notification to the archbishop.
For the purposes of rule 27(7) any penalty by consent is to be notified by the archbishop of the province to the provincial registrar.
For the purposes of rule 63 a copy of a notice of suspension shall be sent or delivered by the archbishop of the province—
to the employer, if any, of the minister,
to the provincial registrar, and
to such other persons as the archbishop deems appropriate,
and rules 64(2), 65 and 66(4) shall be construed accordingly.
An application for a review of a decision of the archbishop of a province under section 30(2) of the Measure shall be made to the other archbishop, and rules 70 to 73 shall be construed accordingly.
An application for a prohibition for life or deposition to be nullified under section 26(1) of the Measure shall be made to the other archbishop and rule 97 shall be construed accordingly.
Annotations
Textual amendments
- F1
Words in rule 95(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 95(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 95(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 95(e)(ii) substituted (13.7.2021) by The Clergy Discipline (Amendment) Rules 2021 (S.I. 2021/557), rule 1(2), Sch. 2
Commencement
- I1
Rule 95 in force at 1.1.2006, see rule 107(2)