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Clergy Discipline Measure 2003

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This is the original version (as it was originally enacted).

35Application of 1963 Measure’s provisions

(1)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—

  • Section 58 (payment of costs)

  • Section 60 (powers re-costs)

  • Section 61 (recovery of costs)

  • Section 62 (payment of expenses)

  • Section 63 (fees payable)

  • Section 71 (performance of duties during suspension etc)

  • Section 72 (occupation of parsonage house)

  • Section 73 (suspension of penalty during appeal)

  • Section 74 (restrictions during suspension etc.)

  • Section 75 (provisions as to lapse on avoidance of preferment)

  • Section 76 (rights of patronage during suspension etc.)

  • Section 78 (recording of declarations etc.)

  • Section 80 (place of sitting)

  • Section 81 (evidence etc.)

  • Section 83(2) and (3) (savings).

(2)In the application of those provisions for the purposes of this Measure they shall be read with the following adaptations—

(a)subject to the following provisions of this subsection, for any reference to the 1963 Measure there shall be substituted a reference to this Measure;

(b)for any reference to an offence cognisable under section 14 of the 1963 Measure there shall be substituted a reference to misconduct;

(c)any reference to a court shall be construed as including a reference to a disciplinary tribunal;

(d)for any reference to a declaration made or to be made in accordance with the provisions of the 1963 Measure there shall be substituted a reference to a penalty imposed under section 30 or 31 above;

(e)any reference to a person nominated to promote proceedings shall be construed as a reference to a person who may, by virtue of section 10 above or section 42 below, institute disciplinary proceedings under this Measure;

(f)for any reference to suspension or inhibition there shall be substituted a reference to prohibition;

(g)for any reference to a censure there shall be substituted a reference to a penalty.

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