(1) If the person to whom an order under rule 39 is directed fails to comply with the order without reasonable excuse and would, as a result, be in contempt of the President if the President had power to commit for contempt, the President may send the High Court a signed certificate stating the failure to comply.
(2) The High Court may—
(a) on receiving a certificate under paragraph (1), inquire into the alleged failure to comply, and
(b) after hearing any witness for or against the person to whom the order is directed and any statement in defence, exercise the same jurisdiction and powers as if the person were guilty of contempt of the High Court.
(3) If the complaint to which the order relates has been referred to a tribunal or court under section 27 (5) of the CCM, paragraphs (1) and (2) apply as if the references to the President of Tribunals were a reference to the tribunal or court (in so far as section 62 of the CCM would not otherwise apply to the failure to comply).
41 Addition of safeguarding professional as party to complaint
(1) On an application under section 28 (1) (b) of the CCM, the President of Tribunals may, if satisfied that an issue relating to the safeguarding of a child or vulnerable adult arises, order that the relevant safeguarding professional is to become a party to the complaint.
(2) The application—
(a) must be made in accordance with rule 105,
(b) must be accompanied by a copy of every document in the applicant’s possession which relates to the complaint, and
(c) may be made without notice being given to any person (but the President may direct under rule 4 that written notice of the application must be given to specified persons).
(3) In these Rules, “relevant safeguarding professional” means—
(a) a diocesan safeguarding officer,
(b) the national director of safeguarding, or
(c) a member of the national safeguarding team.
42 Role of safeguarding officer, director or professional
(1) This rule applies where a relevant safeguarding professional is a party to a complaint, including where that person becomes a party in accordance with section 20 (4) or (5) of the CCM or an order made under rule 41.
(2) The relevant safeguarding professional—
(a) may attend any meeting or hearing in relation to the complaint (subject to the power to exclude persons from the hearing under rule 60);
(b) at the invitation of the Chair of the tribunal or court, may make written submissions in relation to a penalty for the misconduct to which the complaint relates, by reference to the safeguarding of children and vulnerable adults.
(3) The President of Tribunals must secure, or must give directions for securing, that the relevant safeguarding professional is provided with—
(a) a copy of every notice or other document given or application made in relation to the complaint before the relevant safeguarding professional became a party, and
(b) if any of the copy documents accompanying the application under rule 41(2)(b) does not come within sub-paragraph (a) of this paragraph, a copy of that document.
(1) The Chair of the tribunal or court to which a complaint of serious misconduct is referred (referred to in this Part as “the Chair”) must further the overriding objective by actively managing the proceedings on the complaint.
(2) Active management of proceedings includes—
(a) encouraging the parties to, and any other persons concerned in, the proceedings to co-operate with each other—
(i) in the conduct of the proceedings, and
(ii) in resolving, as far as possible, matters that are in dispute between them,
(b) identifying the issues at an early stage,
(c) deciding which issues are to be resolved,
(d) deciding promptly whether any, and if so which, issues require a full hearing in person and, accordingly, disposing of other issues summarily or on consideration of written representations,
(e) setting timetables or otherwise controlling the progress of the proceedings,
(f) considering whether the likely benefits of taking a particular step justify the cost of taking it,
(g) dealing with as many aspects of the complaint as the tribunal or court can on the same occasion,
(h) dealing with the complaint in a way that minimises the need for parties to attend the tribunal or court in person,
(i) making effective use of technology, and
(j) giving directions to ensure that the resolution of a complaint proceeds quickly and efficiently.
(1) The powers conferred by this rule are in addition to the Chair’s other powers.
(2) The Chair may, except where these Rules provide otherwise—
(a) extend or shorten the time for compliance with a requirement of, or of an order made under, the CCM or these Rules (even if an application for extension is made after the time for compliance with the requirement has expired);
(b) give permission to a party to amend on such terms as the Chair considers just a document relating to the proceedings on the complaint;
(c) adjourn or bring forward a hearing;
(d) require a party or a party’s legal representative to attend a hearing;
(e) hold a hearing and receive evidence by telephone, video link or any other method of direct oral communication;
(f) direct that part of the proceedings may be dealt with as separate proceedings;
(g) stay the whole or part of the proceedings or judgment either generally or until a specified date or event;
(h) consolidate the proceedings with other proceedings on a complaint of serious misconduct;
(i) hear two or more sets of proceedings on the same occasion;
(j) direct a separate hearing of an issue;
(k) decide the order in which issues are dealt with;
(l) exclude an issue from consideration;
(m) dismiss or give judgment on proceedings after a decision on a preliminary issue;
(n) take any other step, or make any other order, for the purpose of managing the proceedings in accordance with the overriding objective.
(3) Where the tribunal or court makes an order, the order may—
(a) impose conditions;
(b) specify the consequences of failure to comply with the order.
(4) A power under these Rules to make an order includes a power to vary or revoke the order.
(5) The power under paragraph (2)(a) may be exercised by the registrar of tribunals.
Before taking a step in relation to proceedings on a complaint of serious misconduct, the registrar of tribunals must consult the Chair; and the Chair may take the step instead of the registrar.
(1) The Chair may, except where a provision of these Rules or another enactment provides otherwise, exercise powers under these Rules on the Chair’s own initiative (as well as on an application).
(2) Where the Chair proposes to make an order on the Chair’s own initiative, the Chair—
(a) may give any person likely to be affected by the order an opportunity to make representations, and
(b) where the Chair does so, must also specify the time by which, and the manner in which, the representations may be made.
(3) Where the Chair wishes to hold a hearing to decide whether to make an order on the Chair’s own initiative, the Chair must give each party to the complaint at least three days’ written notice of the hearing.
(4) The Chair may make an order on the Chair’s own initiative without hearing the parties to the complaint or giving them an opportunity to make representations.
(5) Where the Chair makes an order on the Chair’s own initiative—
(a) a person affected by the order may apply to have it set aside, varied or stayed, and
(b) the order must include a statement of the right to make an application under sub-paragraph (a).
(6) An application under paragraph (5)(a) must be made in accordance with rule 105.
(7) The application must be made—
(a) within such period as the Chair may specify, or
(b) if the Chair does not specify a period, before the end of seven days beginning with the day after the order to which the application relates was served on the person making the application.
(1) The Chair of the tribunal or court to which a complaint of serious misconduct is referred may, in any proceedings on the complaint, give directions for the conduct of the proceedings.
(2) When determining whether to give directions and, if so, which directions to give, the Chair must seek to give effect to the overriding objective.
(3) Directions may be given—
(a) orally or in writing;
(b) with or without a hearing.
(4) The registrar of tribunals may give directions to the extent authorised by these Rules.
(5) If the Chair holds a hearing for the purpose of giving directions, it is the duty of the parties to attend or take part in the hearing, either in person or by legal representatives.
(6) The Chair may request the attendance of another person at the hearing.
The matters on which directions may be given include—
(a) matters mentioned in Part 10 (case management);
(b) matters on which the tribunal or court in question requires evidence and the nature of that evidence;
(c) the presentation of evidence;
(d) the disclosure or inspection of documents;
(e) the appointment of expert witnesses (including limiting the number of witnesses appointed), the exchange of expert reports and the identification by the experts concerned of the matters on which they agree and those on which they disagree;
(f) the limitation of the number of witnesses which a party to a complaint may call;
(g) the timetable for hearing oral evidence at a hearing;
(h) the preparation and presentation of documents for a hearing;
(i) the giving or sending of documents for a hearing to a party to a complaint or to the tribunal or court in question.
(1) This rule applies to a witness statement intended for use in proceedings before the tribunal or court to which a complaint of serious misconduct has been referred.
(2) The witness statement must be signed by the person making it and may not include evidence which the person would not be allowed to give orally.
(3) The witness statement must indicate—
(a) which matters come from the witness’s own knowledge and which are matters of information or belief, and
(b) in the case of a matter of information or belief, the source of that information or belief.
(4) The witness statement must include at the end a declaration of truth signed and dated by the witness and in the following form—
I believe that the contents of this witness statement are true.
(5) A party wishing to rely on the witness statement in a hearing on the complaint must call the witness to give oral evidence at the hearing unless—
(a) the parties agree that the witness statement may be put in evidence,
(b) the witness has died or is too ill to attend, or
(c) the registrar of tribunals or the Chair of the tribunal or court directs otherwise.
(6) Where the witness is called to give oral evidence, the witness statement of that witness stands as the witness’s evidence in chief unless the Chair directs otherwise.
(7) The witness, when giving oral evidence, may with the permission of the Chair—
(a) amplify the witness statement;
(b) give evidence on a matter which has arisen since the witness statement was made.
(8) If a party exchanges the witness statement with another party but does not call the witness to give oral evidence at the hearing or put the statement in evidence without calling the witness, the other party may put the witness statement in evidence without calling the witness to give oral evidence.
(1) A witness statement may be used only for the purposes of the complaint in the proceedings in which it is served.
(2) But paragraph (1) does not apply if or to the extent that—
(a) the witness gives consent in writing to the use of the statement for specified purposes,
(b) the Chair of the tribunal or court gives permission for the use of the statement for specified purposes, or
(c) the witness statement has been put in evidence at a hearing held in public.
(1) No party to a complaint of serious misconduct may call an expert or put in evidence an expert report without the permission of the Chair of the tribunal or court dealing with the complaint.
(2) Expert evidence must be given in the form of a single written report by experts acting jointly on the instructions of the parties acting jointly unless the Chair, having had due regard to the overriding objective, considers that it would be in the interests of justice for a separate written report to be prepared in relation to either or each party by an expert acting on the instructions of that party.
(3) Where the Chair gives permission to put in evidence an expert report, the Chair must direct that the report satisfies each of the following requirements—
(a) it must contain a statement that each expert understands the duty which that expert has to the tribunal or court and has complied with that duty;
(b) it must be addressed to the tribunal or court (and not to the parties by whom the experts are instructed);
(c) it must specify each expert’s qualifications;
(d) it must give details of the material on which the experts have relied in making the report;
(e) it must contain a statement of the substance of the facts and instructions which are material to the opinions given in the report or on which those opinions are based;
(f) it must specify those of the facts stated in the report which are within the experts’ own knowledge and those which are not;
(g) it must specify who carried out any examination, measurement, test or experiment which the experts have used for the report, specify that person’s qualifications and indicate whether the examination, measurement, test or experiment was carried out under the experts’ supervision;
(h) if there is a range of opinions on matters in the report, it must summarise those opinions and give reasons for each expert’s own opinion;
(i) it must summarise the conclusions reached;
(j) if the experts are unable to give an opinion without qualification, it must specify that qualification.
(4) The expert report must be signed and dated by each expert and verified by a statement of truth in the following form—
I confirm that I have specified those of the facts stated in this report which are within my own knowledge and those which are not. Those within my own knowledge I confirm to be true. The opinions I have expressed represent my own true and complete expert opinion on the matters to which they refer.
(5) Where a separate written report is prepared in relation to a party by an expert acting on the instructions of that party, the references in paragraphs (3) and (4) to the experts or parties are to be read as references to the expert or party concerned.
(1) The Chair of the tribunal or court dealing with a complaint of serious misconduct may, in the case of evidence which would otherwise be admissible, give directions to exclude the evidence on the grounds that it is irrelevant or unnecessary.
(2) The Chair of the tribunal or court may give directions to exclude evidence which should, in the opinion of the Chair, be excluded in the interests of justice.
(1) The tribunal or court to which a complaint of serious misconduct is referred must, in accordance with the overriding objective—
(a) set a timetable for the hearing of the complaint,
(b) decide whether or to what extent the hearing is to be held electronically, digitally or virtually, and
(c) conduct the hearing in the manner it considers most appropriate, having due regard to the issues before it.
(2) The registrar of tribunals must give directions for the time, date and place of each session of the hearing (including, in a case where the hearing is to any extent to be held in a manner referred to in paragraph (1)(b), instructions on how to join and participate in the hearing).
(3) The hearing in its entirety must be recorded by audio, audio-visual or other electronic means.
(1) A respondent may not cross-examine a witness in person where the alleged misconduct is—
(a) conduct of a sexual nature towards the witness,
(b) violent, controlling, coercive or threatening conduct towards the witness, or
(c) conduct towards the witness which took place when the witness was a child.
(2) A respondent may not cross-examine a witness in person where it appears to the tribunal or court—
(a) that the quality of evidence given by the witness would be likely to be diminished if the cross-examination were conducted by the respondent in person and would be likely to be improved if a direction under this rule were to be given, and
(b) that it would not be contrary to the interests of justice to give such a direction.
(3) The Investigation and Tribunals Team may apply to the Chair of the tribunal or court for a direction that paragraph (2) applies in relation to the witness specified in the application.
(4) An application under paragraph (3) must be made in accordance with rule 105.
(5) The respondent—
(a) may, before the end of 14 days beginning with the day after a copy of an application under paragraph (3) was received, make representations in writing to the Chair, and
(b) must, if representations are made under this paragraph, give a copy of the representations to the Investigation and Tribunals Team at the same time as the representations are made.
(6) In determining an application under paragraph (3), the Chair must have due regard to—
(a) any views expressed by the witness as to whether the witness is content to be cross-examined by the respondent in person,
(b) the nature of the questions likely to be asked, in light of the issues in the proceedings,
(c) whether there has been any relationship between the witness and the respondent and, if so, the nature of that relationship, and
(d) any other relevant circumstances.
(7) Where the Chair is satisfied that paragraph (1) or (2) applies in relation to a witness, the Chair must—
(a) give a direction to that effect,
(b) invite the respondent to arrange for a legal representative to act for the purpose of cross-examining the witness, and
(c) direct the respondent to notify the registrar of tribunals by the end of the period specified in the direction whether a legal representative is to act for that purpose.
(8) If, by the end of the period specified under paragraph (7)(c), the respondent has not given the notification to the registrar of tribunals—
(a) the Chair must consider whether it is in the interests of justice for the witness to be cross-examined, and
(b) if the Chair considers that it is, the tribunal or court must appoint a legal representative to cross-examine the witness.
(9) A person appointed under paragraph (8)(b) is appointed to act in the interests of the respondent but is not responsible to the respondent.
(10) The tribunal or court must meet the costs that—
(a) are incurred in respect of an appointment under paragraph (8)(b), and
(b) do not exceed the amount that the Chair determines is reasonable in the circumstances.
(1) At any time before the hearing begins, the registrar of tribunals may, on an application made in writing by the complainant, direct that an allegation of misconduct in the complaint is to be amended.
(2) At any time after the hearing begins (but before the complaint is determined), the Chair of the tribunal or court may, on an application made orally by the complainant, direct that an allegation of misconduct in the complaint is to be amended.
(3) The registrar of tribunals or the Chair may only give a direction under this rule if satisfied that the amendment—
(a) is necessary for the just disposal of the proceedings in accordance with the overriding objective,
(b) is appropriate in the circumstances of the case, and
(c) can be made without injustice to the complainant or the respondent.
(1) The circumstances in which the tribunal or court may sit in private for the purposes of section 31 (3) (b) of the CCM are those in which it is satisfied that doing so is necessary—
(a) to protect the privacy of a child or protected party giving evidence in person, or
(b) to prevent prejudice to the proceedings.
(2) The following persons (and no others) may attend a hearing of the tribunal or court held in private—
(a) the complainant and the respondent,
(b) where the complainant or respondent is a litigation friend appointed under section 17 of the CCM, the protected party (which has the meaning given in rule 5),
(c) the legal representative of the respondent,
(d) the registrar of tribunals for the province in which the hearing is held,
(e) the Investigation and Tribunals Team,
(f) the responsible bishop or a person nominated by that bishop,
(g) if the complaint is against a priest or deacon, the archdeacon who has a proper interest in the complaint under section 15 of the CCM,
(h) any person involved in the administration of the hearing, and
(i) any person permitted by the tribunal or court to attend.
The Chair of the tribunal or court may, at any stage of the proceedings on the complaint, require the personal attendance at the hearing of—
(a) the author of a witness statement, or
(b) an expert who has produced a report, or is giving evidence in another form, in accordance with rule 51.
If the complainant or respondent is absent from a hearing on the complaint, the tribunal or court may proceed with the hearing only if satisfied that the absent party has been given written notice of the hearing.
The tribunal or court may exclude a person from the hearing if, in the opinion of the tribunal or court, the person—
(a) has disrupted the hearing or threatens to disrupt the hearing, or
(b) has otherwise interfered with the administration of justice.
(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.
(1) The tribunal or court may order that the name and other identifying details of a person who is involved, or referred to, in the proceedings must not be published or otherwise made public.
(2) The tribunal or court may make an order under paragraph (1) only if satisfied that the order—
(a) is desirable to protect the private life of a person,
(b) is desirable to protect the interests of a child, or
(c) is otherwise in the interests of the administration of justice.
(3) An order under paragraph (1) may be of a defined or indefinite duration (and may, accordingly, have effect beyond the conclusion of the proceedings).
64 Substitution on death, incapacity etc of complainant
(1) This rule applies if the complainant dies or is or becomes incapacitated or otherwise incapable of participating in the proceedings; and for this purpose, the reference to being incapacitated includes a reference to lacking capacity for the purposes of the Mental Capacity Act 2005.
(2) A person may apply to the President of Tribunals to be substituted as the complainant in relation to the complaint.
(3) An application under paragraph (2) must—
(a) be made on notice to the respondent and in accordance with rule 105, and
(b) state the grounds on which the person has a proper interest in the complaint for the purposes of section 15 of the CCM.
(4) The President of Tribunals may grant an application under paragraph (2) if satisfied that the person has, for the purposes of section 15 of the CCM, a proper interest in the complaint.
(5) If no application under paragraph (2) is made, or if none is granted, and the President of Tribunals considers it reasonable in all the circumstances, the President of Tribunals may order that the complaint is treated as being withdrawn.
(6) If a complaint is treated as being withdrawn under paragraph (5), no further action is taken in relation to the complaint under the CCM or these Rules.
(1) The complainant may withdraw the complaint in accordance with this rule.
(2) The complainant may withdraw the complaint if permitted to do so by the President of Tribunals, subject to paragraph (3).
(3) In the case of a complaint of serious misconduct which has been referred to a tribunal or court, the complainant may withdraw the complaint if permitted to do so by the tribunal or court.
(4) An application for permission to withdraw a complaint must be made in accordance with rule 105.
(5) If an application for withdrawal of a complaint is granted, no further action may be taken in relation to the complaint under the CCM or these Rules.
(6) If the President of Tribunals or the Chair of the tribunal or court, as the case may be, refuses to grant an application for withdrawal of a complaint, the President or Chair may order that another person with a proper interest be substituted for the complainant.
66 Penalties: misconduct (but not serious misconduct)
(1) Before imposing a penalty under section 38 (1) or (3) of the CCM, the responsible bishop or the President of Tribunals must give each of the parties an opportunity to make written representations on—
(a) whether or not it is appropriate to impose a penalty;
(b) which penalty or penalties (if any) under section 37 (1) of the CCM it is appropriate to impose.
(2) The representations (if any) must be made before the end of 14 days beginning with the day after the invitation to make those representations is given.
(1) This rule applies where the tribunal or court on a complaint of serious misconduct, acting under section 39 (5) of the CCM, invites the responsible bishop to give a written opinion on the appropriate penalty.
(2) The responsible bishop must provide the opinion before the end of 14 days beginning with the day after the invitation is given.
(3) The tribunal or court must (in addition to giving a copy to the respondent under section 39 (6) (b) of the CCM) give a copy of the written opinion to—
(a) the Investigation and Tribunals Team, and
(b) if a relevant safeguarding professional is a party to the complaint, that party.
(1) This rule applies where a bishop or archbishop, or the President of Tribunals, proposes to exercise the power to impose a penalty under—
(a) section 46 (1) of the CCM (conviction for offence), or
(b) rule 87(5)(a) (work in other capacities).
(2) The Investigation and Tribunals Team must—
(a) prepare the report required for the purposes of section 46 (3) of the CCM before the end of 14 days beginning with the day after the person proposing to exercise the power makes a request for the report, and
(b) within the period specified in sub-paragraph (a)—
(i) give a copy of the report to the respondent, and
(ii) if a diocesan safeguarding officer or the national director of safeguarding is required to be consulted under section 46 (3) (c) of the CCM before the penalty is imposed, give a copy of the report to that person.
(3) The period within which the cleric may make representations under section 46 (3) (b) of the CCM is 14 days beginning with the day after the invitation to make those representations is given.
(4) If the cleric makes representations under section 46 (3) (b) of the CCM, the cleric must, within the period specified in paragraph (3)—
(a) give a copy of the representations to the Investigation and Tribunals Team, and
(b) if a diocesan safeguarding officer or the national director of safeguarding is required to be consulted under section 46 (3) (c) of the CCM before the penalty is imposed, give a copy of the representations to that person.
(5) If the person proposing to impose the penalty consults a diocesan safeguarding officer or the national director of safeguarding under section 46 (3) (c) of the CCM—
(a) the consultation must be conducted in writing,
(b) the person consulted must respond to a request for consultation before the end of 14 days beginning with the day after the request was made, and
(c) a copy of the response must be provided to the respondent.
(6) For the purposes of the application of this rule in relation to the exercise of the power under rule 87(5)(a) (power to impose penalty for misconduct committed in work in other capacity), references in paragraphs (2) to (5) to provisions of section 46 of the CCM are references to those provisions as applied by rule 87(5)(b).
(1) The Chair of the tribunal or court on a complaint of serious misconduct must pronounce in public—
(a) the determination of a complaint by the tribunal or court, and
(b) the penalty (if any) imposed.
(2) The Chair—
(a) may make a pronouncement under paragraph (1) at the end of the hearing or at a later date, and
(b) must not make a pronouncement under paragraph (1)(b) before making the pronouncement under paragraph (1)(a) in respect of the complaint.
(3) The Chair may sit alone for the purposes of making a pronouncement under this rule, except where the pronouncement is made at the end of the hearing.
70 Penalties or sanctions imposed without a complaint: copies of decision
(1) This rule applies if a bishop or archbishop, or the President of Tribunals, imposes a penalty or administrative sanction under section 46 of the CCM (conviction for offence etc.).
(2) A bishop or archbishop who imposes a penalty or sanction must send a copy of the written record of the decision under section 46 (7) of the CCM to—
(a) the clerk in Holy Orders on whom the penalty or sanction is imposed,
(b) the Investigation and Tribunals Team,
(c) either the provincial registrar (in the case of a decision made by an archbishop) or the diocesan registrar (in the case of a decision made by a bishop), and
(d) if a diocesan safeguarding officer or the national director of safeguarding was consulted under section 46 (3) (c) of the CCM before the imposition of penalty or sanction, that person.
(3) If the President of Tribunals imposes a penalty or administrative sanction under section 46 of the CCM—
(a) the decision on the penalty or administrative sanction to impose must be recorded in writing, and
(b) the President of Tribunals must send a copy of the written record of the decision to—
(i) the clerk in Holy Orders on whom the penalty or sanction is imposed,
(ii) the other archbishop,
(iii) the Investigation and Tribunals Team,
(iv) the provincial registrar, and
(v) the national director of safeguarding, if that person was consulted under section 46 (3) (c) of the CCM before the imposition of the penalty or sanction.
(1) This rule applies where the responsible bishop in relation to a priest or deacon intends to exercise the power under section 41 (2) of the CCM to depose the priest or deacon from Holy Orders.
(2) The notice of the intention to depose the priest or deacon from Holy Orders under section 41 (4) of the CCM must be in the form specified in Form 6.
(3) The notice must—
(a) state that the responsible bishop intends to depose the priest or deacon from Holy Orders,
(b) specify the reasons for that decision,
(c) explain the right of appeal under section 41 (5) and (6) of the CCM, and
(d) explain the effect of section 41 (7) of the CCM (minimum period before deposition can take effect).
(4) The notice must be served personally on the priest or deacon; and, in making the arrangements for personal service of the notice, the responsible bishop must have due regard to the Code of Practice.
(5) But the President of Tribunals, if satisfied on an application by the responsible bishop that service under paragraph (4) is not practicable, may direct that the notice—
(a) may be sent in accordance with rule 111, or
(b) may otherwise be given in accordance with the President’s directions.
(6) An application under paragraph (5)—
(a) must be made in accordance with rule 105, and
(b) may be made without notice being given to any person (but the President may direct under rule 4 that written notice of the application must be given to specified persons).
(7) If the notice is to be given in accordance with a direction under paragraph (5), it must be accompanied by a written offer from the responsible bishop of the opportunity for a meeting with the responsible bishop.
(1) An appeal under section 41 (5) of the CCM against a notice of intention to depose a priest or deacon from Holy Orders is made by giving notice in the form specified in Form 7 to the provincial registrar.
(2) The notice must —
(a) state the appellant’s name, postal address, telephone number and email address, and
(b) specify the grounds for making the appeal.
(3) The notice must be accompanied by —
(a) a copy of the decision referred to in section 41 (1) of the CCM (imposition of penalty of prohibition for life), and
(b) a copy of the notice of intention in respect of which the appeal is made.
(4) The archbishop must determine the appeal without a hearing but may, for the purposes of determining the appeal, request information or clarification from—
(a) the appellant,
(b) the Investigation and Tribunals Team, or
(c) if a relevant safeguarding professional is a party to the complaint, that party.
(5) On an appeal under section 41 (5) of the CCM, the archbishop may—
(a) confirm the notice of intention to depose the priest or deacon, or
(b) set aside the notice of intention.
(6) The archbishop must give written notice of the decision on the appeal to—
(a) the appellant,
(b) the responsible bishop,
(c) the Investigation and Tribunals Team, and
(d) if a relevant safeguarding professional was a party to the complaint on which the decision referred to in section 41 (1) of the CCM was made, that party.
(7) Notice given for the purposes of paragraph (6)(a) must be served personally on the appellant; and, in making the arrangements for personal service of the notice, the archbishop must have due regard to the Code of Practice.
(8) Paragraphs (5) and (6) of rule 71 apply in relation to the service of a notice under paragraph (7) of this rule as they apply in relation to the service of a notice under paragraph (4) of that rule, with the reference in rule 71(5) to the responsible bishop to be read as a reference to the archbishop.
(1) The deposition of a priest or deacon from Holy Orders is given effect by instrument in writing executed under the hand and seal of the responsible bishop.
(2) A copy of the instrument sealed by the responsible bishop must be served personally on the priest or deacon; and, in making the arrangements for personal service of the instrument, the responsible bishop must have due regard to the Code of Practice.
(3) The responsible bishop must give a copy of the instrument to—
(a) the diocesan registry of the diocese of the responsible bishop, and
(b) any other person whom the responsible bishop considers appropriate.
(4) If the responsible bishop decides not to depose a priest or deacon from Holy Orders, the responsible bishop—
(a) must make a written record of the decision and the reasons for it, and
(b) must place that record on the priest or deacon’s clergy file.
(5) A copy of the written record must be served personally on the priest or deacon; and, in making the arrangements for personal service of the copy record, the responsible bishop must have due regard to the Code of Practice.
(6) The responsible bishop must provide a copy of the written record to—
(a) the complainant,
(b) the Investigation and Tribunals Team, and
(c) if a relevant safeguarding professional is a party to the complaint on which the decision referred to in section 41 (1) of the CCM was made, that party.
(7) Paragraphs (5) and (6) of rule 71 apply in relation to the service of a copy of an instrument or report under paragraph (2) or (5) of this rule as they apply in relation to the service of a notice under paragraph (4) of that rule.
(8) In paragraph (4)(b), “clergy file” has the meaning given in rule 21(3).
(1) This rule applies where it is proposed to put a resolution to depose a bishop or archbishop from Holy Orders to the Upper House of the Convocation of a province, in accordance with section 42 of the CCM.
(2) Notice of the proposed resolution under section 42 (5) of the CCM must be in the form specified in Form 8.
(3) The notice must—
(a) state that the Upper House of the Convocation of the province intends to consider a resolution to depose the bishop or archbishop from Holy Orders,
(b) specify the reasons for that decision,
(c) specify the date of the meeting at which the resolution will be put to the Upper House, and
(d) explain the effect of section 42 (6) and (7) of the CCM (hearing and minimum period before the resolution may be put to the Upper House).
(4) The notice must be served personally on the bishop or archbishop to whom the proposed resolution relates; and, in making the arrangements for personal service of the notice, the registrar of the Convocation must have due regard to the Code of Practice.
(5) Paragraphs (5) and (6) of rule 71 apply in relation to service of a notice under paragraph (4) of this rule as they apply in relation to service of a notice under paragraph (4) of that rule, with the reference in rule 71(5) to the responsible bishop to be read as a reference to the registrar.
(6) The fact that the notice was served or otherwise given and the manner in which it was given must be proved by a certificate.
(1) This rule applies where notice has been given under rule 74 of a proposed resolution of the Upper House of the Convocation of a province to depose a bishop or archbishop from Holy Orders.
(2) A bishop or archbishop who makes written representations under section 42 (6) of the CCM must, at the same time as making them—
(a) give a copy of the representations to the Investigation and Tribunals Team, and
(b) if a relevant safeguarding professional was a party to the complaint on which the decision under section 42 (1) or (2) of the CCM was made, give a copy of the representations to that party.
(3) A bishop or archbishop who intends to take the opportunity, given in accordance with section 42 (6) of the CCM, to be heard before the Upper House personally, must give written notice of that intention to the Upper House at least 14 days before the hearing is due to take place.
(4) The bishop or archbishop may be legally represented at the hearing.
(5) The president of the Upper House of the Convocation may invite written submissions in relation to the proposed resolution from—
(a) the Investigation and Tribunals Team, and
(b) if a relevant safeguarding professional was a party to the complaint on which the decision under section 42 (1) or (2) of the CCM was made, that party.
(6) The Investigation and Tribunals Team and a relevant safeguarding professional who was a party to the complaint on which the decision under section 42 (1) or (2) of the CCM was made must be given the opportunity to be heard before the Upper House of the Convocation in relation to the proposed resolution.
(1) This rule applies where a relevant officer decides to impose a restriction order on a cleric in accordance with sections 34 and 35 of the CCM.
(2) The relevant officer must give notice of the restriction order to the cleric in the form set out in Form 9.
(3) The notice of restriction order must—
(a) specify the grounds under section 34 (1) of the CCM on which the restriction order is imposed,
(b) state that the restriction order takes effect on the date of service of the notice,
(c) state that the restriction order, unless revoked, has effect for a period of three months beginning with that date,
(d) state that a further restriction order may subsequently be imposed,
(e) state that the effect of a restriction order is that the cleric must not take certain action specified in the notice (“restricted action”), except in so far as the relevant officer has given permission,
(f) if the relevant officer, at the time of imposing the restriction order, gives permission for the cleric to take restricted action in accordance with the permission, specify the action and the terms of the permission,
(g) state that a request from a cleric for permission to take restricted action (so far as it is not permitted on the terms specified in the notice under sub-paragraph (f)) must be made in writing to the relevant officer,
(h) state that taking restricted action (without permission) constitutes misconduct under section 3 of the CCM, and
(i) state that the cleric may, before the end of 14 days beginning with the day after the service of the notice of the restriction order, appeal against the decision to impose the restriction order.
(4) If, after giving notice of the restriction order, the relevant officer gives permission for the cleric to carry out restricted action, the permission must be given in writing.
(1) This rule applies where a relevant officer decides to impose a suspension on a cleric in accordance with sections 34 and 36 of the CCM.
(2) The relevant officer must give notice of the suspension to the cleric in the form set out in Form 10.
(3) The notice of suspension must—
(a) specify the grounds under section 34 (1) of the CCM on which the suspension is imposed,
(b) state that the suspension takes effect on the date of service of the notice,
(c) state that the suspension, unless revoked, has effect for a period of three months beginning with that date,
(d) state that a further suspension may subsequently be imposed,
(e) state that the effect of a suspension is that the cleric is prohibited from carrying out any function of, or incidental to, the cleric’s office except in so far as the relevant officer has given permission,
(f) if the relevant officer gives permission at the time of imposing the suspension for the cleric to carry out a particular function, specify that function and the terms of the permission,
(g) state that a request from a cleric for permission to carry out a function (so far as it is not permitted on the terms specified in the notice under sub-paragraph (f)) must be made in writing to the relevant officer,
(h) state that carrying out a function of, or incidental to, the cleric’s office while suspended (without permission) constitutes misconduct under section 3 of the CCM, and
(i) state that the cleric may, before the end of 14 days beginning with the day after the service of the suspension notice, appeal against the decision to impose the suspension.
(4) If, after giving notice of the suspension, the relevant officer gives permission for the cleric to carry out a function of, or incidental to, the cleric’s office, the permission must be given in writing.
78 Record of decision on restriction order or suspension
(1) This rule applies if—
(a) at least one of the conditions in section 34 (1) of the CCM is met in relation to a cleric, and
(b) the relevant officer decides either to impose an order under section 34 (2) of the CCM or not to do so.
(2) The relevant officer must—
(a) record the decision in the form set out in Form 12, and
(b) retain a copy of that record for such period as the relevant officer considers appropriate.
(3) The record of the decision must include—
(a) the reasons for the decision, and
(b) if the relevant officer has consulted a person in accordance with section 35 (3) or 36 (3) of the CCM, a summary of the person’s advice.
(4) If the advice referred to in paragraph (3)(b) is given in writing, a copy of the advice must be included in or attached to the record of the decision.
79 Notice of revocation of restriction order or suspension
(1) This rule applies if a relevant officer revokes a restriction order or suspension under section 34 (3) of the CCM.
(2) The relevant officer must give notice of the revocation to the cleric in the form set out in Form 11a or 11b.
(3) The revocation takes effect on the date specified in the notice.