Mission and Pastoral Measure 2011

[F1 6 (1) Where a person is entitled to compensation under this Schedule, the bishop may authorise an additional payment to be made to the person of such amount as the bishop may determine. E

(2) The person concerned may apply for a review of—

(a) a decision of the bishop not to authorise a payment to the person under sub-paragraph (1), or

(b) where the bishop decides to authorise a payment under sub-paragraph (1), the amount authorised.

(3) The only grounds on which an application may be made under sub-paragraph (2) are that the bishop's decision, if implemented, would cause exceptional hardship to the person concerned or one or more of the family members with whom he or she lives.

(4) The Archbishops of Canterbury and York must appoint a person to carry out reviews under this paragraph; and the person so appointed (“the reviewer”)—

(a) may be removed from office by the Archbishops on the grounds of incapacity or serious misconduct, but

(b) subject to that, holds office for such period and on such other terms as the Archbishops decide.

(5) An application for a review under this paragraph—

(a) must be made in writing to the reviewer,

(b) must be copied to the bishop,

(c) must be made within four weeks of the date on which the applicant was notified of the bishop's decision, and

(d) must explain the nature of the hardship on the basis of which the application is being made.

(6) In carrying out a review under this paragraph, the reviewer must decide whether the grounds for the application are made out; and in so doing, the reviewer must act impartially.

(7) Having carried out a review under this paragraph, the reviewer must give written notification of the decision on the review to the applicant and to the bishop; and the notification must—

(a) include the reasons for the decision, and

(b) if the decision is that the grounds for the application are made out—

(i) specify the amount of the payment which the reviewer considers should be made under this paragraph, or

(ii) direct that the matter is to be remitted to the bishop for reconsideration.

(8) In the case of a notification within sub-paragraph (7)(b)(i), the bishop must authorise payment of the amount so specified to be made to the person.

(9) In the case of a notification within sub-paragraph (7)(b)(ii), the bishop must reconsider the matter; and the preceding provisions of this paragraph apply accordingly.

(10) Paragraph 4 applies to a payment under this paragraph as it applies to a payment of compensation under this Schedule.

(11) The functions of the Archbishops under this paragraph are to be exercised jointly; but if either Archbishop is incapacitated, or there is a vacancy in either see, the functions are instead to be exercised by the other Archbishop.]

Textual Amendments

F1 Sch. 4 substituted (1.7.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 6(2), 14(3); S.I. 2018/722, art. 2(a) (with Sch. para. 3)