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The Clergy Discipline Rules 2005

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Complaint out of time

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8.—(1) Any application to the President to permit a complaint instituting disciplinary proceedings outside the period prescribed in section 9 of the Measure shall be made in writing in form 1c in the Schedule or in a document which is substantially to the like effect containing the information required for completion of form 1c, and shall set out the reasons why proceedings were not instituted within time.

(2) Within 7 days of receipt of the application the President shall start consultation by providing the respondent with a copy of the complainant’s application, and shall invite the respondent to make written comments within 21 days about the reasons given by the complainant for not instituting proceedings in time.

(3) A copy of any comments received from the respondent shall be supplied by the President to the complainant within 7 days of receipt.

(4) The President shall inform the complainant that within 21 days of receiving a copy of any comments from the respondent the complainant may send written comments in reply to the President.

(5) Having considered any comments of the complainant and the respondent, and if satisfied that there was good reason why the complainant did not institute proceedings at an earlier date, the President may give permission in writing to the complainant for a complaint to be made under section 10(1)(a) of the Measure, and if so, shall specify the time within which the complaint in writing shall be made in accordance with rule 4. The President shall send a copy of the written permission to the respondent and the relevant bishop.

(6) If, having considered any comments of the complainant and the respondent, the President does not give permission for a complaint to be made outside the period prescribed in section 9 of the Measure, the President shall in writing so notify the complainant, the respondent and the relevant bishop.

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