The Clergy Conduct Rules 2026
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Change 1
61 Special measures
(1) This rule applies if the Chair of the tribunal or court decides that a party’s ability to participate, or a witness’s ability to give evidence, in the proceedings is being, or is likely to be, diminished on any of the following grounds— (a) age, immaturity or lack of understanding; (b) communication or language difficulties (including literacy); (c) physical disability or impairment or a physical health condition; (d) a mental health condition or a significant impairment of an aspect of intelligence or social functioning (including learning difficulties); (e) the impact of the subject-matter or facts relevant to the proceedings; (f) a relationship with a party or witness; (g) social, domestic or cultural circumstances; (h) the presence of any other factor causing vulnerability in the party or witness. (2) The Chair may give directions, or make an order, to put in place special measures for the purpose of— (a) enabling, or increasing the ability of, the party to participate in the proceedings, or (b) enabling, or increasing the ability of, the witness to give evidence in the proceedings. (3) The Chair may reach the decision under paragraph (1) either on an application by the party or witness or on the Chair’s own initiative. (4) An application for the purposes of this rule may be made orally or in writing; and an application in writing must be made in accordance with rule 105. (5) Before exercising a power under paragraph (2), the Chair must consider views expressed by the party or witness (as the case may be). (6) The special measures which may be put in place under paragraph (2) include, in particular— (a) allowing a support person to be present at the hearing when the party or witness gives evidence, (b) preventing a party or witness from seeing another party or witness by the use of screens, (c) allowing a party or witness to give evidence by a means referred to in rule 54(1)(b) (in so far as the hearing is not already being held by such means), (d) hearing a party or witness give evidence in private, (e) admitting pre-recorded video evidence, (f) questioning a party or witness through an intermediary, and (g) using a device or other aid to help a party or witness communicate.
61 Special measures
(1) This rule applies if the Chair of the tribunal or court decides that a party’s ability to participate, or a witness’s ability to give evidence, in the proceedings is being, or is likely to be, diminished on any of the following grounds— (a) age, immaturity or lack of understanding; (b) communication or language difficulties (including literacy); (c) physical disability or impairment or a physical health condition; (d) a mental health condition or a significant impairment of an aspect of intelligence or social functioning (including learning difficulties); (e) the impact of the subject-matter or facts relevant to the proceedings; (f) a relationship with a party or witness; (g) social, domestic or cultural circumstances; (h) the presence of any other factor causing vulnerability in the party or witness. (2) The Chair may give directions, or make an order, to put in place special measures for the purpose of— (a) enabling, or increasing the ability of, the party to participate in the proceedings, or (b) enabling, or increasing the ability of, the witness to give evidence in the proceedings. (3) The Chair may reach the decision under paragraph (1) either on an application by the party or witness or on the Chair’s own initiative. (4) An application for the purposes of this rule may be made orally or in writing; and an application in writing must be made in accordance with rule 105. (5) Before exercising a power under paragraph (2), the Chair must consider views expressed by the party or witness (as the case may be). (6) The special measures which may be put in place under paragraph (2) include, in particular— (a) allowing a support person to be present at the hearing when the party or witness gives evidence, (b) preventing a party or witness from seeing another party or witness by the use of screens, (c) allowing a party or witness to give evidence by a means referred to in rule 54(1)(b) (in so far as the hearing is not already being held by such means), (d) hearing a party or witness give evidence in private, (e) admitting pre-recorded video evidence, (f) questioning a party or witness through an intermediary, and (g) using a device or other aid to help a party or witness communicate.
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