The Clergy Discipline (Amendment) Rules 2021

Production of documents by person not party to proceedings

5.—(1) After Rule 28 insert—

“Application for production of documents by person not party to proceedings

28A.— (1) The Designated Officer or the respondent may apply to the President for an order for production of documents by a person who is not a party to the allegation of misconduct.

(2) But the respondent may not apply for production of documents by the Designated Officer.

(3) The application must be made in writing using form 10a in the Schedule.

(4) The application must be made—

(a) after the allegation of misconduct is referred to the Designated Officer under rule 28, but

(b) before the President decides under rule 29 whether there is a case for the respondent to answer.

(5) The application may be made without notice being given to any person but the President may direct under rule 102A that written notice of the application be given to one or more specified persons.

(6) The President may make an order under this rule only where it appears to the President that the production of documents specified or described in the application is relevant and necessary for dealing fairly with the allegation.

(7) An order under this rule must specify or describe the documents or the classes of documents which the person to whom the order is directed must produce.

(8) An order under this rule must state—

(a) that the person to whom the order is directed must obey the order, and

(b) failure to do so may be a contempt, and

(c) that the person to whom the order is directed may be sent to a prison or fine, or both, if the order is not obeyed.

(9) Where an order under this rule is made without reasonable notice of the application having been given to the person to whom the order is directed, that person may apply to the President for discharge or variation of the order within the period specified in the order; and that period must be no less than 14 days after the date of the order.

(10) A failure to comply without a reasonable excuse with an order under this rule is to be treated as a contempt to which rule 105 applies; and the President accordingly has the power to give a certificate under that rule for the purposes of this rule.”

(2) In rule 105 (contempt), in paragraph (1), for “section 81(3) of the Ecclesiastical Jurisdiction Measure 1963” substitute “section 25(3) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(3) In the Schedule to the 2005 Rules, after form 10 insert the form 10a set out in Schedule 1 to these Rules.

(4) In the title to Part 4 of the 2005 Rules, at the end insert “, etc.”.