The Clergy Discipline Rules 2005

1. Introductory Text

2. PART I Introductory

   1. 1. Overriding Objective

   2. 2. Duty to co-operate

   3. 3. Application of rules

3. PART II Institution of proceedings

   1. 4. Institution of proceedings against priests or deacons

   2. 5. Joint complainants

   3. 6. Form of statements in support

   4. 7. Submission of statements in support

   5. 8. Complaint out of time

4. PART III Preliminary scrutiny

   1. 9. Receipt of complaint

   2. 10. Notifying the respondent about the complaint

   3. 11. Consulting the complainant for clarification

   4. 12. Registrar’s written report

   5. 13. Registrar extends time for sending the written report

   6. 14. Multiple complaints and the written report

   7. 15. Dismissal of the complaint by the bishop under section 11(3) of the Measure

   8. 16. President’s review of a dismissal

5. PART IV Consideration of the courses available to the bishop

   1. 17. Respondent’s answer

   2. 18. Extension of period for bishop to consider complaint under section 12 of the Measure

   3. 19. Other proceedings

   4. 20. No further action

   5. 21. No further action: referral by complainant to the President

   6. 22. No further action: President’s decision

   7. 23. Consent to conditional deferment

   8. 24. Written determination imposing conditional deferment

   9. 25. Record of conditional deferment

   10. 26. Conciliation

   11. 27. Penalty by consent

   12. 28. Reference to the Designated Officer for formal investigation

6. PART V Referring the complaint to the tribunal

   1. 29. The President’s decision

7. PART VI Directions preparatory to a hearing before the tribunal

   1. 30. General

   2. 31. Form of application

   3. 32. Setting aside or varying directions given without a hearing

   4. 33. Matters which may be covered in directions

   5. 34. Production appointment

8. PART VII Evidence

   1. 35. Witness statements for use at a hearing before a tribunal

   2. 36. Expert evidence

9. PART VIII The tribunal

   1. 37. Appointment of members of the tribunal

   2. 38. Fixing the date and place of the hearing of the complaint

   3. 39. The tribunal and the overriding objective

   4. 40. Tribunal hearing normally to be in private

   5. 41. Power to adjourn

   6. 42. Absence from a hearing

   7. 43. Admissions by the respondent

   8. 44. Entitlement to call evidence

   9. 45. Oral evidence

   10. 46. Tribunal may require personal attendance of witness

   11. 47. Attendance at a hearing in private

   12. 48. Power to exclude from hearing

   13. 49. Tribunal may order identity not to be published

   14. 50. Pronouncement of the tribunal’s determination of the complaint

   15. 51. Tribunal may invite the bishop to give views about the penalty

   16. 52. Pronouncement of penalty

   17. 53. Record of conditional discharges

10. PART IX Termination, substitution, and withdrawal

    1. 54. Death of the respondent

    2. 55. Death, serious illness or incapacity of complainant nominated by the ParochialChurch Council

    3. 56. Death, serious illness or incapacity of complainant not nominated by the ParochialChurch Council

    4. 57. President may direct withdrawal if no person is nominated or substituted

    5. 58. President’s powers under section 18 of the Measure

    6. 59. Complainant wishes to withdraw

11. PART X Suspension

    1. 60. Suspension of a priest or deacon during proceedings

    2. 61. Suspension of a priest following arrest

    3. 62. Contents of notice of suspension

    4. 63. Notification to others of suspension

    5. 64. Revocation of suspension

    6. 65. Notification of cessation of suspension

    7. 66. Appeals by priest or deacon against notice of suspension

12. PART XI Penalties imposed under section 30 of the Measure

    1. 67. Certificate of conviction

    2. 68. Bishop proposes a penalty after sentence of imprisonment or matrimonial order

    3. 69. Bishop makes decision on imposition of penalty

    4. 70. Application to review decision to impose penalty

    5. 71. Bishop may respond to application for review

    6. 72. Archbishop reviews imposition of penalty

    7. 73. Imposition of penalty by bishop under section 30 of the Measure

13. PART XII The Archbishops' list

    1. 74. Access to the list

    2. 75. Inclusion of name in list under section 38(1)(a) to (d) of the Measure

    3. 76. Inclusion of name in list under section 38(1)(e) of the Measure

    4. 77. Review of an entry in the list – (a),(b) & (c)

    5. 78. Review of an entry in the list – (d) & (e)

    6. 79. Bishop may request review of inclusion in the list

    7. 80. Person named in the list may request review of inclusion after 5 years

14. PART XIII Proceedings against bishops and archbishops

    1. 81. Application of rules to bishops and archbishops

    2. 82. Institution of proceedings against bishops or archbishops

    3. 83. Conditional deferment of a complaint against a bishop or archbishop

    4. 84. Death or serious illness or incapacity of the complainant

    5. 85. Notice of suspension of a bishop or archbishop during proceedings

    6. 86. Notice of suspension of a bishop or archbishop following arrest

    7. 87. Notification to others of suspension of bishop

    8. 88. Notification to others of suspension of archbishop

    9. 89. Sentences of imprisonment & matrimonial orders: bishops & archbishops

    10. 90. Application by bishop or archbishop for review of penalty

15. PART XIV Application of rules to special cases

    1. 91. Special cases under section 42 of the Measure

    2. 92. Clerk in holy orders serving in a cathedral church

    3. 93. Chaplains of prisons, hospitals, universities, schools and other institutions

    4. 94. Chaplain of the armed forces of the Crown

    5. 95. Ministers with a licence from the Archbishop of the province

    6. 96. Ministers with a licence from the University of Oxford or Cambridge

16. PART XV Removal of prohibitions

    1. 97. Removal of prohibition for life and deposition: priests and deacons

    2. 98. Removal of limited prohibition: priests and deacons

    3. 99. Removal of prohibition for life and deposition: bishops and archbishops

    4. 100. Removal of limited prohibition: bishops and archbishops

17. PART XVI Miscellaneous

    1. 101. Sending or delivering documents

    2. 102. Time

    3. 103. Irregularities

    4. 104. Revision of forms

    5. 105. Contempt

    6. 106. Interpretation

    7. 107. Citation and commencement

18. Signature

19. 1. SCHEDULE

       FORMS

20. Explanatory Note