The Appointments Committee shall, after consultation with the Dean of the Arches and Auditor, appoint a member of the Commission to be the chairman of the Commission and also a member to be the deputy chairman, being members who have the qualifications referred to in subsection (1)(b) above.

The chairman and deputy chairman of the Commission shall be the president of tribunals and the deputy president respectively for the purposes of this Measure.

F23Subject to subsection (4) below, The deputy president of tribunals shall act for the president when the president is absent or is unable or unwilling to act.

The president or deputy president of tribunals may select any person who may be appointed as the chairman of a disciplinary tribunal under section 22(1) below to act in his place when he is absent or unable or unwilling to act.

The archbishops of Canterbury and York shall each for his province, after consultation with the president of tribunals, appoint a person to be the registrar of tribunals for the province for the purposes of this Measure.

A person so appointed shall be a person who has a general qualification within the meaning of the Courts and Legal Services Act 1990 (c. 41).

The person holding the office of registrar of tribunals for a province shall vacate that office on the date on which he attains the age of seventy years or such earlier age as may be prescribed by regulations made by the House of Bishops of the General Synod under F80section 32(1) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018.

The registrar of tribunals for a province may resign his office by instrument in writing under his hand addressed to, and served on, the archbishop of the province and the instrument shall specify the date, being a date not less than twelve months after the service of the instrument or such earlier date as the archbishop may allow, on which the resignation is to take effect.

The appointment of a person as registrar of tribunals for a province may be terminated by an instrument in writing under the hand of the archbishop of the province (after consultation with the president of tribunals) addressed to, and served on, that person, and the instrument shall specify the date, being a date not less than twelve months after the date of service of the instrument, on which the appointment is to terminate.

If the person holding the office of registrar of tribunals for a province is for any reason unable or unwilling to perform the duties of a registrar or it would be inappropriate for him to perform those duties, the registrar of tribunals for the other province F55or, where a person has been selected under subsection (8), that person shall perform those duties and, for that purpose, shall have all the powers and duties of the registrar of the first-mentioned province.

In this section and elsewhere in this Measure “preferment” has the meaning assigned to it by section 43 below.

The following provisions of this Measure shall have effect for the purpose of regulating proceedings against a clerk in Holy Orders who is alleged to have committed an act or omission other than one relating to matters involving doctrine, ritual or ceremonial, and references to misconduct shall be construed accordingly.

Proceedings in relation to matters involving doctrine, ritual or ceremonial shall continue to be conducted in accordance with the 1963 Measure.

In the case of a minister licensed to serve in a diocese by the bishop thereof, the licence shall not be terminated by reason of that person’s misconduct otherwise than by way of such proceedings.

F45Subject to subsection (4) below, No proceedings in respect of unbecoming F45or inappropriate conduct shall be taken in respect of the lawful political opinions or activities of any F45archbishop, bishop, priest or deacon.

Notwithstanding subsection (3) above, it shall be unbecoming or inappropriate conduct for any archbishop, bishop, priest or deacon to be a member of, or to promote, or express or solicit support for, a political party or other organisation whose constitution, policies, objectives, activities or public statements are declared in writing by the House of Bishops to be incompatible with the teaching of the Church of England in relation to the equality of persons or groups of different races.

It shall be the duty of the House of Bishops to take appropriate steps to publish any declaration made under subsection (4) above.

Without prejudice to subsection (5) above, the House of Bishops shall lay any declaration made under subsection (4) above before the General Synod and, if 25 or more members of the Synod give notice in accordance with its Standing Orders that they wish the declaration to be debated, it shall come into force on the date on which the declaration is approved by the General Synod.

Any declaration made under subsection (4) above which is not debated by the General Synod in accordance with subsection (6) above shall come into force at the expiry of the period required by the Standing Orders for the giving of the notice under subsection (6).

Any declaration made under subsection (4) above may be revoked by a resolution of the House of Bishops and subsections (5), (6) and (7) above shall apply to any such resolution as they apply to a declaration under subsection (4).

Any declaration made by the House of Bishops under subsection (4) above shall require the assent of a majority of not less than two-thirds of the members of the House present and voting.

In subsection (4) above “races” shall be construed in accordance with section 9 of the Equality Act 2010.

No disciplinary proceedings under this Measure shall be instituted unless the misconduct in question, or the last instance of it in the case of a series of acts or omissions, occurred within the period of one year ending with the date on which proceedings are instituted:

Provided that, when the misconduct is one for which the person concerned has been convicted either on indictment or summarily, proceedings may be instituted within twelve months of the conviction becoming conclusive, notwithstanding that the aforesaid period of one year has elapsed:

And provided further that the president of tribunals may, if he considers that there was good reason why the complainant did not institute proceedings at an earlier date, after consultation with the complainant and the respondent, give his written permission for the proceedings to be instituted after the expiry of the said period of one year.

Subsection (1) does not apply where the misconduct in question is conduct of a sexual nature towards a child.

Subsection (1) does not apply where the misconduct in question is conduct of a sexual nature towards an adult if the president of tribunals considers that the adult was a vulnerable adult at the time of the conduct, having taken into account such representations as the complainant and respondent each make on the issue of vulnerability.

Where, in a case within subsection (3), the president of tribunals does not consider that the adult was a vulnerable adult at the time of the conduct in question, the president may at the same time decide whether nonetheless to give permission under subsection (1) for the proceedings to continue; and for that purpose, the second proviso to subsection (1) has effect as if for “to be instituted” there were substituted “ to continue despite having been instituted ”.

A complaint made under this section shall be accompanied by written particulars of the alleged misconduct, and written evidence in support of the complaint shall be sent to the bishop or archbishop, as the case may be, either with the complaint or at such later time as he may allow.

Having scrutinised the complaint the registrar shall, within the period of twenty-eight days following its receipt by him or such longer period as he considers to be justified in the particular circumstances of the case, send a written report to the bishop by whom the complaint was received setting out the registrar’s views and thereupon the bishop shall deal with the complaint in accordance with the following provisions of this Measure, having regard to the registrar’s report:

Provided that the period of twenty-eight days referred to above shall not be extended as aforesaid more than once.

On receipt of the registrar’s report the bishop may dismiss the complaint and, if he does so, he shall give written notice of the dismissal to the complainant and the respondent, together with a copy of the report.

On a reconsideration following a direction under subsection (4)(b), the bishop may nonetheless exercise the power under subsection (3) and, if the bishop does so, must give notice in accordance with that subsection; and subsection (4) and this subsection apply accordingly.

Where the registrar proposes to extend the period of twenty-eight days referred to in subsection (2) above, he shall, before doing so, consult the complainant and the respondent.

The registrar may delegate any or all of his functions under this section to such person as he may designate.

Where the bishop proposes to extend the period of twenty-eight days referred to in subsection (1) above he shall, before doing so, consult the complainant and the respondent.

Where the bishop determines that there is to be no further action the following provisions of this section shall apply.

The bishop shall reduce his determination to writing and shall give a copy of it to the complainant and the respondent.

On a reconsideration following a direction under subsection (3)(b), the bishop may nonetheless decide under section 12(1)(a) to take no further action; and, if the bishop does so, this section applies accordingly.

Where the bishop, with the consent of the respondent, determines that the matter is to be recorded conditionally the following provisions of this section shall apply.

The complaint and the bishop’s determination shall be notified to the archbishop concerned and remain on a record maintained by the diocesan registrar concerned for such period not exceeding five years as the bishop may determine and, subject to subsection (3) below, no further action shall be taken.

Notwithstanding the provisions of section 9 above, if another complaint is made under section 10 above against the respondent and that complaint is dealt with under paragraph (c), (d) or (e) of section 12(1) above, the recorded complaint may be dealt with under any of those paragraphs together with the other complaint.

The bishop shall reduce his determination to writing and give a copy of it to the complainant and the respondent. He shall also supply them with a statement explaining the effect of subsections (2) and (3) above.

Where the bishop determines that an attempt to bring about conciliation is to be made he shall afford the complainant and the respondent an opportunity to make representations and, if both of them agree to the appointment of a conciliator, an appointment shall be made under subsection (2) below.

The appointment of a conciliator shall be by the bishop with the agreement of the complainant and the respondent.

The bishop shall not appoint any person to be a conciliator unless he is satisfied that there is no reason to question the impartiality of that person.

Where the bishop considers that the imposition of a penalty by consent might be appropriate, he shall afford the complainant and the respondent an opportunity to make representations and, if the respondent consents to the imposition of a penalty under this section and he and the bishop agree as to the penalty, the bishop shall, subject to subsection (2) below, proceed accordingly and thereafter no further step shall be taken in regard thereto.

Where it is agreed that prohibition for life or resignation is the appropriate course the respondent or the bishop may, within the period of seven days following the date of the agreement, withdraw his agreement and the prohibition or resignation shall not be implemented in pursuance of this section.

If the consent of the respondent to the imposition of a penalty under this section is not obtained or he and the bishop are unable to reach agreement as to the nature of the penalty, the bishop shall proceed to deal with the complaint under paragraph (e) of section 12(1) above.

At any time after the bishop has directed, under section 12(1)(e) above, that the complaint be formally investigated in accordance with section 17 below or after the president of tribunals has referred the complaint to a disciplinary tribunal, the bishop and the respondent may, if the respondent admits the misconduct which is the subject of the complaint, agree to the imposition of a penalty under this section and the bishop shall, subject to subsection (2) above, proceed accordingly and thereafter no further step shall be taken in regard thereto.

The bishop shall notify the complainant of any action taken in pursuance of this section and shall also notify the archbishop of the province concerned and the registrar of the diocese concerned of any penalty agreed in pursuance of subsection (1) above.

Where the bishop directs that the complaint is to be formally investigated, he shall refer the matter to the designated officer and it shall then be the duty of that officer to cause inquiries to be made into the complaint.

After due inquiries have been made into the complaint the designated officer shall refer the matter to the president of tribunals for the purpose of deciding whether there is a case to answer in respect of which a disciplinary tribunal or the Vicar-General’s court, as the case may be, should be requested to adjudicate.

If the president of tribunals decides that there is a case for the respondent to answer he shall declare that as his decision and refer the complaint to a disciplinary tribunal or the Vicar-General’s court, as the case may be, for adjudication.

If the president of tribunals decides that there is no case for the respondent to answer he shall declare his decision, and thereafter no further steps shall be taken in regard thereto.

The president of tribunals shall reduce his decision to writing and shall give a copy of it to the complainant, the respondent, the bishop and the designated officer.

In disciplinary proceedings under this Measure it shall be the duty of the designated officer or a person duly authorised by him to conduct the case for the complainant.

In this section any reference to a penalty includes a reference to an order for conditional discharge under section 25 below.

An appeal by the respondent or the designated officer may only be brought with the leave of the disciplinary tribunal or the Vicar-General's court, as the case may be, or the appeal court.

If the disciplinary tribunal or the court grants the application for leave, it may direct that the issues to be heard on the appeal be limited in such way as the tribunal or the court may specify.

Subject to subsection (3) below, proceedings on an appeal under subsection (1) above shall be heard and disposed of by the Dean of the Arches and Auditor sitting with two persons in Holy Orders and two lay persons appointed by the president of tribunals for the purpose of those proceedings from among the persons nominated to serve on the provincial panel of the relevant province otherwise than by the bishop of the diocese concerned.

Before the president of tribunals appoints a person to sit as a judge for the purpose of proceedings on an appeal under subsection (1) or on an application for leave to appeal under subsection (1A) above he shall satisfy himself that there is no reason to question the impartiality of that person.

Before appointing a person to sit as a judge for the purpose of proceedings on an appeal under subsection (1) or on an application for leave to appeal under subsection (1A) above the president of tribunals shall afford an opportunity to the respondent to make representations as to the suitability of that person to be appointed.

It shall be the duty of the Clergy Discipline Commission to compile and maintain for each province, in accordance with the provisions of subsection (2) below, a list (hereinafter referred to as “the provincial panel”) of persons available for appointment under the following provisions of this Measure as members of a disciplinary tribunal or of the Vicar-General’s court.

F49No lay person who is not an actual communicant, within the meaning of F84Rule 83(2) of the Church Representation Rules (1969 No. 2 Sch. 3), shall be nominated to serve on the provincial panel.

Persons nominated to serve on the provincial panel shall so serve for a period of six years, and on retiring from the panel F52, a person nominated under subsection (2)(a) or (b) or (3) shall be eligible to be nominated to serve for not more than one further period of six years F53, and a person nominated under subsection (2)(c) shall be eligible to be nominated to serve for one or more further periods of six years:

Provided that, of the persons nominated to serve on the provincial panel on the first occasion after the passing of this Measure, half of those nominated under paragraph (a) of subsection (2) above, half of those nominated under paragraph (b), half of those nominated under paragraph (c) and half of those nominated under subsection (3) above shall retire from the panel after serving for a period of three years, those retiring being determined by lot.

Where the period of service of a person nominated to serve on the provincial panel expires while he is a member of a disciplinary tribunal or of the Vicar-General’s court to which proceedings under this Measure are referred, he shall continue to be a member of the tribunal or court until the completion of the proceedings.

Where a casual vacancy occurs on the provincial panel the Archbishop of the relevant province or the bishop of the relevant diocese, as the case may be, may nominate a person to fill the vacancy, and the provisions of subsections (2) and (4) above, relating to qualifications and consultations shall apply for the purposes of this subsection as they applied for the purposes of the nomination of the person whose place he takes on the panel.

Any person nominated to fill a casual vacancy shall serve only for the unexpired term of service of the person whose place he takes on the panel.

The president of tribunals shall not appoint any person to be a member of a disciplinary tribunal unless he is satisfied that there is no reason to question the impartiality of that person, and before doing so he shall afford an opportunity to the respondent to make representations as to the suitability of that person to be appointed.

The president of tribunals shall not appoint any person to be a member of the Vicar-General’s court of a province unless he is satisfied that there is no reason to question the impartiality of that person, and before doing so he shall afford an opportunity to the respondent to make representations as to the suitability of that person to be appointed.

No penalty of removal from office imposed on an archbishop or bishop or on any person holding any preferment the right to appoint to which is vested in Her Majesty (not being a parochial benefice) shall have effect unless and until Her Majesty by Order in Council confirms the penalty.

Where, upon a finding that the respondent has committed any misconduct, the disciplinary tribunal or Vicar-General’s court, as the case may be, is of opinion, having regard to the circumstances including the nature of the misconduct and the character of the respondent, that it is inexpedient to impose a penalty it may make an order discharging him subject to the condition that he commits no misconduct during such period not exceeding two years from the date of the order as may be specified in the order.

Before making an order under subsection (1) above the tribunal or court shall explain to the respondent in ordinary language that if he commits further misconduct during the period specified in the order a penalty may be imposed for the original misconduct.

Where, under subsection (4) below, a penalty is imposed on a person conditionally discharged under subsection (1) above for the misconduct in respect of which the order for conditional discharge was made, that order shall cease to have effect.

If a person in whose case an order has been made under subsection (1) above is found, in disciplinary proceedings under this Measure, to have committed misconduct during the period specified in the order, the disciplinary tribunal or the Vicar-General’s court, as the case may be, may deal with him for the misconduct for which the order was made in any manner in which it could deal with him if it had just found that he had committed that misconduct.

If the archbishop, on an application made in accordance with subsection (1) above, considers that the prohibition or deposition was not justified he may, after consultation with the Dean of the Arches and Auditor, declare that the prohibition or deposition be nullified, whereupon it shall be treated for all purposes in law as never having been imposed.

In this Measure “barred list” means the children's barred list or the adults' barred list established in accordance with section 2(1) of and Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.

Where a person is liable to a penalty of removal from office or prohibition or both by virtue of subsection (1) above and the bishop of the relevant diocese proposes to impose such a penalty, he shall, after consultation with the president of tribunals, inform that person in writing of the proposal, together with an invitation to send representations in writing to the bishop within the period of twenty-eight days. On the expiry of that period the bishop shall decide whether or not to impose the penalty and shall inform that person in writing of the decision. If the decision is to impose the penalty, that person may request the archbishop of the relevant province to review the decision and upon such a review the archbishop may uphold or reverse the decision after consideration of all the circumstances, including any representations made under this subsection.

F12Subject to subsection (3A) below, A penalty shall not be imposed under F13subsection (1)(a) or (b) after the expiry of the period of two years beginning with the date on which the F13conviction becomes conclusive or, as the case may be, the decree absolute or order is made.

The president of tribunals may, on application by the bishop of the relevant diocese, extend the period of two years referred to in subsection (3) above if, after consultation with the priest or deacon concerned, he is satisfied that the bishop did not know of the existence of the conviction or, as the case may be, of the decree absolute or order.

Where a penalty is to be imposed under this section, it shall be imposed by the bishop of the relevant diocese, and before imposing it the bishop shall require the registrar of his diocese to give (if it is practicable to do so) not less than fourteen days notice in writing to the priest or deacon concerned of the time and place at which the penalty will be imposed and if the priest or deacon appears at that time and place he shall be entitled to be present when the penalty is imposed.

When imposing a penalty under this section the bishop shall be attended by the registrar of his diocese. The penalty shall be reduced to writing and a copy thereof shall be sent to the archbishop of the province concerned and to the registrar of the diocese concerned.

The functions exercisable under this section by an archbishop shall, during the absence abroad or incapacity through illness of the archbishop or a vacancy in the see, be exercised by the other archbishop.

F20Subject to subsection (3A) below, A penalty shall not be imposed under this section after the expiry of the period of two years beginning with the date on which the F21conviction becomes conclusive or, as the case may be, the decree absolute or order is made.

The president of tribunals may, on application by the archbishop, if the person liable to a penalty under this section is a bishop, or the other archbishop, if the person liable is an archbishop, extend the period of two years referred to in subsection (3) above if, after consultation with the bishop or archbishop concerned, he is satisfied that the archbishop or the other archbishop, as the case may be, did not know of the existence of the conviction or, as the case may be, of the decree absolute or order.

When imposing a penalty under this section the archbishop shall be attended by the registrar of his province. The penalty shall be reduced to writing and a copy thereof shall be recorded in the registry of the province concerned and sent to the archbishop concerned.

The functions exercisable under this section by the archbishop of the relevant province shall, during the absence abroad or incapacity through illness of the archbishop or a vacancy in the see, be exercisable by the other archbishop.

In this section “bishop” means any diocesan bishop, any suffragan bishop and any other bishop.

Failure to comply with the requirements of subsection (1) above shall be regarded as a failure to do an act required by the laws ecclesiastical for the purposes of section 8(1) above.

Failure to comply with the requirements of subsection (1) above shall be regarded as a failure to do an act required by the laws ecclesiastical for the purposes of section 8(1) above.

Failure to comply with the requirements of subsection (1) above shall be regarded as a failure to do an act required by the laws ecclesiastical for the purposes of section 8(1) above.

The following provisions of the 1963 Measure shall apply for the purpose of this Measure as they apply for the purposes of that Measure, with the adaptations specified in subsection (2) below—

The bishop may at any time, by notice in writing served on the priest or deacon concerned, revoke a notice of suspension served under subsection (1) above.

Where a notice of suspension is served under subsection (1)F26(a) or (b) above and it has not been revoked under subsection (2) the suspension shall continue until the expiry of the period of three months following service of the notice or until the proceedings under this Measure or for the criminal offence are concluded, whichever occurs earlier, but if the proceedings are not concluded before the expiry of that period a further notice of suspension under subsection (1)F26(a) or (b) above may be served, and this subsection shall apply in relation to the further suspension as it applied to the earlier suspension or suspensions.

Where a notice of suspension is served under subsection (1)(c) or (d) above and it has not been revoked under subsection (2), the suspension shall continue until the expiry of the period of three months following service of the notice or until a penalty is imposed on the priest or deacon under section 30(1) above, whichever occurs earlier, save that a further notice of suspension under subsection (1)(c) or (d) may be served pending conclusion of any step taken under section 30(2) or (4), and this subsection shall apply in relation to the further suspension as it applied to the earlier suspension or suspensions.

Where a notice of suspension is served under subsection (1)(e) and it has not been revoked under subsection (2), the suspension shall continue until the expiry of the period of three months following service of the notice; and a further notice of suspension under subsection (1)(e) may be served, and this subsection shall apply to the further suspension as it applied to the earlier suspension or suspensions.

Where a notice of suspension is served under subsection (1) above the bishop may, after consultation with the churchwardens and with the incumbent or priest in charge concerned, make such arrangements as he thinks fit for the ministrations of the church or churches concerned while the suspension remains in force.

While a notice of suspension under subsection (1) above remains in force in relation to a priest or deacon he shall not interfere with any person performing the services of a church in pursuance of arrangements made under subsection (4) above, and any such interference shall be regarded as an act in contravention of the laws ecclesiastical for the purposes of section 8(1) above.

A priest or deacon on whom a notice of suspension is served under subsection (1) above may appeal against the suspension to the president of tribunals and on any such appeal the president of tribunals may, within twenty-eight days following the lodging of the appeal, either confirm or revoke the suspension.

This section applies where a complainant applies to the president of tribunals for permission under section 9 for disciplinary proceedings against a priest or deacon holding any preferment in a diocese to be instituted after the expiry of the period provided for by that section.

The bishop of the diocese may, by notice in writing served on the priest or deacon, suspend the priest or deacon from exercising or performing without the leave of the bishop any right or duty of or incidental to the priest's or deacon's office.

The bishop may not exercise the power under subsection (2) unless the bishop is satisfied that the suspension is necessary in all the circumstances of the case.

Having considered a matter referred under subsection (4), the registrar must send a written report to the bishop setting out the registrar's advice; and the bishop must, in deciding whether to exercise the power, have regard to the registrar's report.

The bishop may at any time, by notice in writing served on the priest or deacon, revoke the notice of suspension under subsection (2).

If the application for permission is refused, the suspension ends with the refusal.

Subsections (4) to (6) of section 36 apply in relation to a notice of suspension under subsection (2) of this section as they apply in relation to a notice of suspension under subsection (1) of that section.

The archbishop may at any time, by notice in writing served on the bishop or archbishop concerned, revoke a notice of suspension served under subsection (1) above.

The reference in subsection (1)(e) to presenting a significant risk of harm is to be construed in accordance with section 36(2A).

Where a notice of suspension is served under subsection (1) above the archbishop may, after consultation with the two most senior diocesan bishops of his province, make such arrangements as he thinks fit for the ministrations of the diocese or province concerned while the suspension remains in force.

While a notice of suspension under subsection (1) above remains in force in relation to a bishop or archbishop he shall not interfere with any person performing functions in pursuance of arrangements made under subsection (3) above.

In this section “bishop” means any diocesan bishop, any suffragan bishop or any other bishop.

Subsections F77(2A) to (3B) and (6) of section 36 above shall apply for the purposes of this section as they apply for the purposes of that section, but as if for any reference to a priest or deacon there were substituted a reference to the bishop or, as the case may be, the archbishop and as if, in subsection (3A), the references to sections 30(1) and 30(2) were references, respectively, to sections 31(1) and 31(2).

This section applies where a complainant applies to the president of tribunals for permission under section 9 for disciplinary proceedings against a bishop or archbishop to be instituted after the expiry of the period provided for by that section.

Where the application relates to a bishop, the archbishop of the province in which the bishop holds office may, with the consent of the two most senior diocesan bishops in that province, by notice in writing suspend the bishop from exercising any right or duty of or incidental to the bishop's office.

Where the application relates to an archbishop, the other archbishop may, with the consent of the two most senior diocesan bishops in the province of the other archbishop, by notice in writing suspend the archbishop from exercising any right or duty of or incidental to the archbishop's office.

The archbishop may not exercise the power under subsection (2) or (3) unless the archbishop is satisfied that the suspension is necessary in all the circumstances of the case.

The archbishop may at any time, by notice in writing served on the bishop or other archbishop (as the case may be), revoke the notice of suspension under subsection (2) or (3).

Subsections (3) and (4) of section 37, and subsection (6) of that section so far as relating to section 36(6), apply in relation to a notice of suspension under subsection (2) or (3) of this section as they apply in relation to a notice of suspension under subsection (1) of section 37.

In this section, “bishop” has the same meaning as in section 37.

Where the F29archbishops have included a person falling within paragraphs (a) to F30(dd) of subsection (1) above in the list F31the archbishop of the relevant province shall take all reasonable steps to inform that person in writing that F32they have done so and of the particulars recorded in respect of that person. That person may request the president of tribunals to review the matter and upon such a review the president of tribunals shall direct that that person should continue to be included in the list or should be excluded therefrom and, in the former case, may also direct that the particulars relating to that person should be altered in such manner as may be specified.

Where the F33archbishops propose to include a person falling within paragraph (e) of subsection (1) above in the list F33the archbishop of the relevant province shall take all reasonable steps to inform that person in writing of the proposal and the particulars to be recorded, together with an invitation to send comments or representations in writing to the archbishop within the period of twenty-one days. On the expiry of that period the F33archbishops shall decide whether or not to include that person in the list and F51the archbishop of the relevant province shall inform that person in writing of F33their decision. If the decision is to include that person in the list that person may request the president of tribunals to review the decision and upon such a review the president of tribunals shall uphold or reverse the decision.

It shall be the duty of the F34archbishops to review the inclusion of a person in the list, in such manner as may be prescribed, on the expiry of the period of five years following the inclusion and also if requested to do so by that person or by the bishop of a diocese:

Provided that that person shall not be entitled to make a request under this subsection within the said period of five years nor within the period of five years following any previous review.

It shall be the duty of the Clergy Discipline Commission to formulate guidance for the purposes of the Measure generally and, with the approval of the Dean of the Arches and Auditor, to promulgate the guidance in a Code of Practice.

The Clergy Discipline Commission may at any time amend or replace a Code of Practice issued under subsection (1) above by a further Code of Practice issued in accordance with the provisions of this section.

A Code of Practice shall be laid in draft before the General Synod and, if it is approved by the General Synod without amendment, the Code shall be issued by the Clergy Discipline Commission.

If the Code has been approved by the General Synod with amendment, it shall be referred to the Clergy Discipline Commission.

After the conviction of a clerk in Holy Orders by a secular court becomes conclusive a certificate of such conviction shall, for the purposes of this Measure be conclusive proof that he has committed the act therein specified.

In the event of any such conviction by a secular court as makes a clerk in Holy Orders subject to removal from any preferment, or renders him liable to proceedings under this Measure the court shall cause the prescribed certificate of the conviction to be sent to the bishop of the diocese in which the court sits, and such certificate shall be preserved in the registry of the diocese, or of any other diocese to which it may be sent by the direction of the bishop.

In the application of this Measure to the following—

In the case of a chaplain of a prison, hospital, university, school or other institution, disciplinary proceedings may be instituted only by a person duly authorised by the diocesan bishop concerned to institute such proceedings.

In this Measure, unless the context otherwise requires–

• “the 1963 Measure” means the Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1);

• F50“barred list” has the meaning assigned to it by section 30(1A) above;

• F66“child” means a person aged under 18;

• “the Commission” means the Clergy Discipline Commission;

• “designated officer” means an officer of the legal office of the National Institutions of the Church of England designated by the Archbishops' Council for the purposes of this Measure;

• “diocese” means a diocese in the province of Canterbury or a diocese in the province of York and “diocesan” shall be construed accordingly;

• F66“diocesan safeguarding advisor” means the person appointed as such for the diocese in question in accordance with provision made by Canon;

• “disciplinary tribunal” means a bishop’s disciplinary tribunal constituted in accordance with section 22 above;

• F1 “ high judicial office ” means such office within the meaning of Part 3 of the Constitutional Reform Act 2005 or membership of the Judicial Committee of the Privy Council;

• “limited prohibition” has the meaning assigned to it by section 24(1)(b) above;

• “misconduct” means any act or omission referred to in section 8(1) above.

• “preferment” includes an archbishopric, a bishopric, archdeaconry, dignity or office in a cathedral or collegiate church, and a benefice, and every curacy, lectureship, readership, chaplaincy, office or place which requires the discharge of any spiritual duty;

• “prescribed” means prescribed by rules made under F81section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018);

• “prohibition for life” has the meaning assigned to it by section 24(1)(a) above and “prohibited for life” shall be construed accordingly;

• “relevant province” means, according to the context, the province of Canterbury or the Province of York;

• “resident” means ordinarily resident;

• “Vicar-General’s court” means the Vicar-General’s court constituted in accordance with section 23 above.

• F66“vulnerable adult” has the same meaning as in the Safeguarding and Clergy Discipline Measure 2016.

A reference in this Measure to being arrested for an offence includes a reference to being charged with an offence without being arrested.

For the purposes of this Measure an extra-diocesan place (including any place exempt or peculiar other than a Royal Peculiar) which is surrounded by one diocese shall be deemed to be situate within that diocese, and an extra-diocesan place which is surrounded by two or more dioceses shall be deemed to be situate within such one of them as the archbishop of the relevant province may direct.

For the purposes of this Measure the seniority of diocesan bishops (other than archbishops) shall be determined by reference to the length of time that each of them has held office as diocesan in either province without interruption from any cause.

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The 1963 Measure shall have effect subject to the amendments specified in Schedule 1 to this Measure.

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Nothing in this Measure shall affect any proceedings instituted under Part III of the 1963 Measure or declaration made under Part IX thereof before the date on which section 8 above comes into operation, and the provisions of that Measure shall continue to apply in relation to any such proceedings or declaration as if this Measure had not been passed.

Proceedings under this Measure may be instituted in relation to misconduct committed before the date on which section 8 above comes into operation:

Provided that the provisions of the 1963 Measure shall continue to apply in relation to any offence under that Measure committed before that date which does not constitute misconduct under this Measure as if this Measure had not been passed.

This Measure shall not affect any censure, deposition, declaration of deprivation and disqualification or notice of inhibition imposed under the 1963 Measure, but any such censure, or declaration shall be deemed for the purposes of this Measure to be a penalty imposed under this Measure of the kind corresponding to the censure or declaration, and sections 26 to 29 above shall have effect in relation thereto accordingly.

Sections 30 and 31 above shall apply in relation to sentences of imprisonment passed before, as well as after, the date on which those sections come into operation.

This Measure may be cited as the Clergy Discipline Measure 2003.

This Measure shall come into operation on such date as the archbishops of Canterbury and York may jointly appoint, and different dates may be appointed for different provisions.

This Measure shall extend to the whole of the Provinces of Canterbury and York except the Channel Islands and the Isle of Man, but the provisions thereof may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures and if an Act of Tynwald or an instrument made in pursuance of an Act of Tynwald so provides, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.