Clergy Discipline Measure 2003

43 Interpretation E

(1) In this Measure, unless the context otherwise requires–

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

• [F1 “barred list” has the meaning assigned to it by section 30(1A) above;]

• [F2 “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;

• [F2 “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;

• [F3 “ 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 [F4 section 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.

• [F2 “vulnerable adult” has the same meaning as in the Safeguarding and Clergy Discipline Measure 2016.]

[F5 (1A) A reference in this Measure to being arrested for an offence includes a reference to being charged with an offence without being arrested.]

(2) 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.

(3) 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.

Textual Amendments

F1 Words in s. 43(1) inserted (1.2.2014) by Clergy Discipline (Amendment) Measure 2013 (No. 2), s. 10(2), Sch. para. 11; 2014 No. 1, art. 2

F2 Words in s. 43(1) inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 1(8)(a), 12(3); S.I. 2016/1213, art. 2

F3 Words in s. 43(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 17 para. 35; S.I. 2009/1604, art. 2(e)

F4 Words in s. 43(1) substituted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 13 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F5 S. 43(1A) inserted (1.1.2017) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 1(8)(b), 12(3); S.I. 2016/1213, art. 2

Commencement Information

I1 S. 43 in force at 1.1.2006 by S.I. 2005/6, Instrument made by Archbishops