(1) This rule applies in relation to a notice under —
(a) rule 76 (notice of restriction order),
(b) rule 77 (notice of suspension), and
(c) rule 79 (notice of revocation of restriction order or suspension).
(2) The notice must be personally served on the cleric, except where a direction under paragraph (3) is given.
(3) The President of Tribunals, on an application made by the relevant officer, may direct that a notice of suspension —
(a) may be sent in accordance with rule 111, or
(b) may otherwise be given in accordance with the President’s directions.
(4) An application under paragraph (3) —
(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).
(1) This rule applies in relation to a notice under —
(a) rule 76 (notice of restriction order),
(b) rule 77 (notice of suspension), and
(c) rule 79 (notice of revocation of suspension).
(2) If the cleric is a priest or deacon, the relevant officer must give a copy of the notice to —
(a) the archdeacon of the archdeaconry in which the cleric holds office or exercises ministry,
(b) the rural dean or area dean of the deanery in which the cleric holds office or exercises ministry,
(c) the other clergy who hold office or exercise ministry in a parish where the cleric holds office or exercises ministry,
(d) the churchwardens for each parish where the cleric holds office or exercises ministry,
(e) the diocesan registrar,
(f) where the suspension is on the grounds specified in section 34 (1) (f) of the CCM or otherwise relates to the safeguarding of a child or vulnerable adult, the diocesan safeguarding officer, and
(g) any other person whom the relevant officer considers appropriate.
(3) If the cleric serves in a cathedral church, the relevant officer must give a copy of the notice to—
(a) the other clergy who serve in the cathedral church,
(b) the registrar of the diocese,
(c) where the suspension is on the grounds specified in section 34 (1) (f) of the CCM, or otherwise relates to the safeguarding of a child or vulnerable adult, the diocesan safeguarding officer and the cathedral safeguarding officer, and
(d) any other person whom the relevant officer considers appropriate.
(4) If the cleric is a chaplain to the armed forces, the relevant officer must give a copy of the notice to—
(a) the Secretary of State,
(b) the provincial registrar,
(c) where the suspension is on the grounds specified in section 34 (1) (f) of the CCM, or otherwise relates to the safeguarding of a child or vulnerable adult, the national safeguarding team, and
(d) any other person whom the relevant officer considers appropriate.
(5) If the cleric is a minister with a licence to preach from the archbishop of the province, or with a licence from the University of Oxford or Cambridge, the relevant officer must give a copy of the notice to—
(a) the provincial registrar, and
(b) any other person whom the relevant officer considers appropriate.
(6) If the cleric is a bishop, the relevant officer must give a copy of the notice to—
(a) the archbishop of the province which includes the diocese,
(b) the other bishops of the diocese (including assistant bishops),
(c) the diocesan secretary,
(d) the diocesan registrar,
(e) the provincial registrar,
(f) where the suspension is on the grounds specified in section 34 (1) (f) of the CCM, or otherwise relates to the safeguarding of a child or vulnerable adult, the diocesan safeguarding officer and the national safeguarding team, and
(g) any other person whom the relevant officer considers appropriate.
(7) If the cleric is an archbishop, the relevant officer must give a copy of the notice to—
(a) the other archbishop,
(b) each diocesan bishop of the archbishop’s province,
(c) the diocesan secretary for each diocese in the archbishop’s province,
(d) the provincial registrars, and
(e) any other person whom the relevant officer considers appropriate.
(1) The Archbishops of Canterbury and York must make the list maintained under section 58 (1) of the CCM available to—
(a) the President of Tribunals,
(b) the Investigation and Tribunals Team,
(c) diocesan and suffragan bishops,
(d) persons appointed as lead assessors, and
(e) provincial and diocesan registrars and their deputies.
(2) The list must not be open to public inspection or made available to a person who is not listed in paragraph (1).
(1) The archbishop of the relevant province must, before the end of 14 days beginning with the day after a person is included on the list maintained under section 58 (1) of the CCM, give written notice of the inclusion to the person.
(2) A notice under paragraph (1) must—
(a) state that the person has been included on the list,
(b) specify the particulars recorded on the list in respect of that person, and
(c) state that the person has a right of appeal—
(i) against the particulars included on the list (under section 58 (3) of the CCM), and
(ii) against the fact of inclusion in the list, but only on the grounds that the person’s name was included in error (under section 58 (4) of the CCM).
(1) This rule applies where—
(a) the inclusion of a clerk in Holy orders in the list maintained under section 58 (1) of the CCM is based on a conviction or caution, and
(b) the conviction or caution becomes protected.
(2) The particulars recorded on the list, in relation to the clerk, may include the fact that the conviction or caution has become protected.
(3) The grounds on which the clerk may appeal under section 58 (3) of the CCM against the particulars recorded in the list include the grounds that the conviction or caution has become protected.
(4) For the purposes of this rule, a conviction or caution is “protected” if it is protected for the purposes of an order made by the Secretary of State under the Rehabilitation of Offenders Act 1974.
85 Appeal against particulars or inclusion in error
(1) This rule applies for the purposes of an appeal under section 58 (3) or (4) of the CCM.
(2) The appeal must be made before the end of 14 days beginning with the day after the notice under rule 83(1) is given; but this paragraph does not apply to an appeal in a case within rule 84.
(3) The appeal must be made by notice in writing in the form set out in Form 13.
(4) The notice of appeal must—
(a) state the appellant’s name, postal address, telephone number and email address, and
(b) specify the grounds of appeal.
(5) The notice must be signed and dated either by the appellant or by a legal representative acting for the appellant.
(6) If the notice is signed and dated by the appellant, it must be verified by a statement of truth made by the appellant.
(7) If the notice is signed and dated by a legal representative acting for the appellant, it must be verified by a statement made by the legal representative to the effect that the representative is authorised by the appellant to sign the notice.
(8) The appellant may attach evidence in support of the appeal to Form 13.
(9) The President of Tribunals must before the end of 21 days beginning with the day after the notice is given—
(a) determine the appeal, and
(b) give written notice to the appellant of the outcome, specifying the directions (if any) given under section 58 (5) or (6) of the CCM.
86 Work in other capacities: complaints under the CCM, CDM or EJM
(1) This rule applies where there is a finding of misconduct on a complaint under the CCM, CDM or EJM against a clerk in Holy Orders who also carries out work in another capacity.
(2) The responsible bishop in relation to the complaint or, if the complaint is against an archbishop, the President of Tribunals must provide the information specified in paragraph (3) to—
(a) the person who employs, engages or appoints the clerk to carry out the work in the other capacity, or
(b) if it appears to the responsible bishop or the President (as the case may be) that there is no person who comes within sub-paragraph (a) but that there is a person to whom it would be appropriate to provide the information, that person.
(3) For the purposes of paragraph (2), the information is—
(a) a summary of the finding,
(b) a statement of each description of misconduct under section 3 (1) of the CCM to which the finding relates, and
(c) the penalty (if any) imposed for the misconduct.
87 Work in other capacities: findings in disciplinary proceedings etc
(1) This rule applies where there is a finding against a clerk in Holy Orders who also carries out work in another capacity in any disciplinary proceedings or process relating to that work.
(2) The person against whom the finding is made must, before the end of 14 days beginning with the day after the person is notified or becomes aware of the finding, provide the information specified in paragraph (3) to the relevant authority.
(3) For the purposes of paragraph (2), the information is —
(a) the name of the person who made the finding,
(b) the details of the finding, and
(c) the sanction (if any) imposed.
(4) In this rule, “relevant authority” means—
(a) in relation to a priest or deacon against whom a finding is made, the bishop of the diocese in which the priest or deacon exercises ministry,
(b) in relation to a bishop, the archbishop of the province which includes the diocese, and
(c) in relation to an archbishop, the other archbishop and the President of Tribunals.
(5) If a bishop or archbishop or the President of Tribunals is satisfied that the conduct in respect of which the finding was made constitutes misconduct—
(a) a penalty or administrative sanction may be imposed on the clerk in Holy Orders without the need for a complaint to be made, and
(b) subsections (2) (a) and (b), (3), (4), (6) to (8) and (11) of section 46 of the CCM apply in relation to the power under sub-paragraph (a) of this paragraph as they apply in relation to the power under section 46 (1) of the CCM.
(1) The power under rule 87 may not be exercised after the end of two years beginning with the day on which the finding in the disciplinary proceedings or process is made.
(2) But the President of Tribunals may on application extend that period if, after giving the clerk in Holy Orders in question an opportunity to make representations, the President is satisfied that the applicant for the extension did not know of the finding.
(3) An application under paragraph (2) may be made by the relevant authority (as defined in rule 87(4)).
(4) The power under this rule does not affect the generality of the power under rule 115.
89 Review by President of Tribunals of penalty under rule 87
(1) A clerk in Holy Orders on whom a penalty has been imposed in exercise of the power under rule 87(5)(a) may apply to the President of Tribunals for a review of the penalty.
(2) On an application for a review under this rule, the President of Tribunals must invite written representations from—
(a) the clerk in Holy Orders,
(b) the bishop or archbishop who imposed the penalty, and
(c) the Investigation and Tribunals Team.
(3) Where an application for a review is made under this rule, the implementation of the penalty may be postponed only if the President of Tribunals so orders.
(1) An application under section 53 of the CCM for permission to appeal or apply for a review may—
(a) in the case of an application under section 53(1)(a), be made orally to the tribunal or court in question upon the pronouncement of its decision, or
(b) in the case of an application under section 53(1)(b), be made in writing to the Dean of the Arches and Auditor before the end of 21 days beginning with the day after the applicant receives the written decision of the court or tribunal.
(2) An application under section 53 of the CCM must be in the form set out in Form A1 and must—
(a) state the applicant’s full name, postal address, telephone number and email address,
(b) if the applicant has a legal representative, state the legal representative’s name, postal address, telephone number and email address,
(c) specify the tribunal or court which heard the complaint and the date or dates of the pronouncement of the decision to which the appeal or review relates, and
(d) state whether the application is for permission—
(i) for the respondent to the complaint to appeal against the imposition of a penalty,
(ii) for the respondent to the complaint to appeal on a question of law or fact,
(iii) for the Investigation and Tribunals Team to appeal on a question of law, or
(iv) for the Investigation and Tribunals Team to apply for a review of a penalty under section 52 (4) of the CCM.
(3) An application under section 53 of the CCM by the Investigation and Tribunals Team must (in addition to complying with paragraph (2)), state the name, postal address, telephone number and email address of the respondent’s legal representative, in so far as the Team has that information.
(4) An application under section 53 (1) (b) of the CCM must be accompanied by—
(a) a copy of the written decision to which the appeal or review would relate, and
(b) a completed draft notice of appeal in the form set out in Form A2 setting out the grounds of appeal or review.
(5) An applicant under section 53 (1) (b) of the CCM must give the application to the registrar of tribunals and must—
(a) where the applicant is the respondent to the complaint, give a copy of the application to the Investigation and Tribunals Team, or
(b) where the applicant is the Investigation and Tribunals Team, give a copy of the application to the respondent.
91 Determination of application for permission to appeal etc.
(1) The person who, under section 53 (2) of the CCM, is to hear the application for permission under section 53 (1) (b) of the CCM (“the judge”) must give written notice of the hearing to—
(a) each person who, if permission were given for an appeal or review, would be a party to it, and
(b) any other person whom the judge considers appropriate.
(2) A hearing is to be held in public except in circumstances in which the judge is satisfied that it is in the interests of justice to sit in private.
(3) Where a hearing is held in public, the judge may exclude such persons as the judge decides from the whole or part of the hearing.
(4) Before determining the application, the judge must give each person referred to in paragraph (1)(a) 14 days within which to make written representations in response to the application; and each of those persons—
(a) must give any such representations to the registrar of tribunals, and
(b) must give copies of them to the applicant.
(5) The judge may give permission to the applicant only if satisfied—
(a) that there would be a real prospect of success on the appeal or review, or
(b) that there is another compelling reason why the appeal or review should be heard.
(6) The determination of the application must be recorded in writing and sent to the parties.
(7) Where the judge grants the application for permission, the judge may direct that the issues to be heard on the appeal or review are to be limited in the way specified.
92 Application for permission to appeal etc out of time
(1) The respondent to the complaint or the Investigation and Tribunals Team may apply for permission to appeal or apply for a review out of time.
(2) The application must be made in the form set out in Form A3.
(3) The application must set out the reasons why the appeal or application for review was not made in time.
(4) The application must be accompanied by—
(a) a copy of the decision to which the appeal or review would relate, and
(b) a completed draft notice of appeal in the form set out in Form A2.
(5) The applicant must give the application to the registrar of tribunals and must give a copy of it—
(a) if the applicant is the respondent to the complaint, to the Investigation and Tribunals Team, or
(b) if the applicant is the Investigation and Tribunals Team, to the respondent to the complaint.
(6) Section 53 (1) (b) and (2) of the CCM and rule 91 (1) to (4) apply to an application under this rule.
(7) The judge may give permission to the applicant only if satisfied—
(a) as mentioned in rule 91(5),
(b) that there was a good reason why the applicant did not bring the appeal or make the application for review within the time allowed, and
(c) that the other party would not suffer significant prejudice as a result of the delay.
(8) Section 53 (4) and (5) of the CCM and rule 91(6) and (7) apply to an application under this rule.
(1) The appellate court may, on an application or on its own initiative, strike out an appeal or review if it is satisfied that the appeal is not being pursued with due expedition.
(2) In this Part, the “appellate court” is whichever of the Arches Court of Canterbury or the Chancery Court of York is, in accordance with section 52 (5) of the CCM, hearing the appeal or review.
Where a party to an appeal or review is absent from a hearing on the appeal or review, the Dean of the Arches and Auditor (and only the Dean) may proceed with the hearing only if satisfied that the absent party has been given written notice of the hearing.
95 Re-calling witnesses to give evidence before the appeal court
(1) No witness who gave evidence on a complaint of misconduct may be called to give oral evidence at an appeal or review arising from the complaint without permission from the appellate court.
(2) The respondent to a complaint of misconduct who is appealing against a finding of fact and proposes that a witness who gave evidence to the tribunal or court hearing the complaint should give oral evidence at the appeal must give the Investigation and Tribunals Team and the appellate court notice in writing of the intention to seek permission; and the notice must be given at least 14 days before the day set for the directions hearing.
(3) A notice under paragraph (2) must—
(a) specify the name of the witness in question, and
(b) give the reasons why it is considered necessary for the witness to give evidence to the appellate court.
(4) The appellate court may give permission under this rule only if it is satisfied that the evidence is necessary for the just disposal of the appeal or review.
(1) No evidence may be put before the appellate court which was not put before the tribunal or court on the complaint unless the Dean of the Arches and Auditor has given permission (but see paragraph (8)).
(2) An application by the respondent to the complaint for permission under paragraph (1) must be made in accordance with rule 105; and the application must—
(a) identify the new evidence,
(b) explain why the evidence was not before the tribunal or court on the complaint, and
(c) explain the relevance and importance of the new evidence in relation to the matters determined on the complaint and the issues raised in the appeal or review.
(3) Where the application relates to evidence from a new witness, it must be accompanied by a copy of a statement by the witness; and the statement must—
(a) set out the proposed evidence,
(b) indicate which matters in the statement come from the witness’s own knowledge and which are matters of information or belief,
(c) indicate the source of any matters of information or belief,
(d) include a declaration that the witness believes that the contents of the statement are true, and
(e) be signed and dated by the witness.
(4) The applicant must give the other party a copy of the application and, if applicable, an accompanying witness statement.
(5) Before determining an application under this rule, the Dean of the Arches and Auditor must give the other party at least 14 days within which to make written representations in response to the application; and the other party must give the applicant a copy of any such representations.
(6) The Dean of the Arches and Auditor may determine an application under this rule with or without a hearing.
(7) The Dean of the Arches and Auditor may permit evidence that was not before the tribunal or court on the complaint to be put before the appellate court only if satisfied—
(a) that the evidence was not available and could not reasonably have been obtained for the hearing on the complaint,
(b) that the evidence, if it had been before the tribunal or court on the complaint, could have had an important bearing on the determination of the matters before it, and
(c) that the evidence appears to be credible.
(8) In exceptional circumstances, the Dean of the Arches and Auditor may, instead of determining the application, refer it to the appellate court for determination; and the references in this rule to the Dean are to be read accordingly.
97 Production of documents by person not party to complaint
(1) In the case of an appeal or review arising from a complaint of serious misconduct, the respondent to the complaint or the Investigation and Tribunals Team may apply for an order for the production of documents by a person who was not a party to the complaint.
(2) The respondent may not apply for an order for the production of documents by the Investigation and Tribunals Team.
(3) The application must be made to the Chair of the appellate court or to the Dean of the Arches and Auditor sitting alone.
(4) The application must be made in accordance with rule 105.
(5) The applicant must give a copy of the application to—
(a) the Investigation and Tribunals Team or the respondent (as the case may be),
(b) the complainant, and
(c) if a relevant safeguarding professional was a party to the complaint, that party.
(6) The Chair of the appellate court or the Dean of the Arches and Auditor may make an order on the application only if satisfied that the provision of documents specified or described in the application is relevant and necessary for dealing justly with the appeal or review.
(7) Where an order is made under this rule, permission under rule 96 is to be treated as given for any documents produced in response to the order to be put before the appellate court.
(8) Rules 39(8) and (9) and 40(1) and (2) (contempt of court etc.) apply to an order under this rule as they apply to an order under rule 39; and for that purpose, rule 40(1) and (2) has effect as if the references to the President of Tribunals were references to the Chair of the appellate court or the Dean of the Arches and Auditor.
(1) The appellate court may, on an application by the person bringing the appeal or review and after giving the other party an opportunity to respond to the application—
(a) allow the appeal or application for review to be withdrawn, or
(b) allow the notice of appeal to be amended.
(2) The power under paragraph (1) is also exercisable by the Dean of the Arches and Auditor at any time before the hearing on the appeal or review begins.
(3) The terms on which the power under paragraph (1)(b) may be exercised include adjourning or postponing the hearing.
(1) The appellate court may—
(a) confirm, reverse or vary a finding of the tribunal or court which heard the complaint,
(b) refer a particular issue back to the tribunal or court for hearing and determination in accordance with such directions as the appellate court may give,
(c) order the complaint to be reheard by the same or a differently constituted tribunal or court,
(d) confirm or set aside a penalty imposed by the tribunal or court or replace it with any other penalty under the CCM, and
(e) impose one or more penalties under the CCM if—
(i) the tribunal or court did not impose a penalty, or
(ii) when upholding an appeal on a question of law by the Investigation and Tribunals Team.
(2) Parts 11 to 13 of these Rules (directions, evidence, hearings: general provision) apply to proceedings before the appellate court with such modifications as are necessary or appropriate.
(1) This rule applies for the purposes of an appeal against a decision, or a request for a review of a decision, under rule 89 or section 50 or 51 of the CCM.
(2) The appeal or request for review must be made before the end of 14 days beginning with the day after the decision is made.
(3) The appeal or request for review must be made by notice in writing in the form set out in Form 14.
(4) The notice must—
(a) state the name, postal address, telephone number and email address of the person making the appeal or request,
(b) if the person has a legal representative, state the legal representative’s name, postal address, telephone number and email address,
(c) state the decision to which the appeal or request relates, and
(d) specify the grounds for making the appeal or request for review.
(5) The grounds on which an appeal or request for review may be made are that the decision to the which the appeal or review relates—
(a) was based on an error of fact,
(b) was wrong in law, or
(c) was unreasonable.
(6) A copy of the decision in respect of which the appeal or request is made must accompany the notice.
(7) The notice must not include, or be accompanied by, any evidence that was not submitted for the purposes of the original decision.
(1) On a review under section 50 (1) of the CCM, the President of Tribunals may—
(a) confirm the decision,
(b) substitute for the decision a decision to allocate the complaint as one of—
(i) misconduct (but not serious misconduct), or
(ii) serious misconduct, or
(c) remit the decision to the lead assessor for reconsideration with such directions (if any) as the President considers appropriate.
(2) On a review under section 50 (2) of the CCM, the President of Tribunals may—
(a) confirm the decision, or
(b) reverse the decision.
(3) If a decision is reversed under paragraph (2)(b), the President of Tribunals must remit the decision to the lead assessor to reconsider and make a decision under section 21 (1) (a), (b) or (c) of the CCM.
(4) On a review under section 50 (3) of the CCM, the President of Tribunals may—
(a) confirm, reverse or vary a finding of fact or recommendation,
(b) remit the matter to the case assessor for reconsideration with such directions (if any) as the President considers appropriate, or
(c) direct the lead assessor to appoint a different case assessor and remit the matter to that person for reconsideration with such directions (if any) as the President considers appropriate.
103 Restriction orders and suspensions: decisions on review or appeal
(1) On an appeal under section 50 (4) or (5) of the CCM against a decision to impose a restriction order or suspension, the President of Tribunals or person hearing the appeal may—
(a) confirm the decision,
(b) reverse the decision, or
(c) vary the terms of the restriction order or suspension.
(2) On a review under section 50 (6) of the CCM of a decision not to impose a restriction order or suspension, the President of Tribunals may—
(a) confirm the decision,
(b) reverse the decision and, accordingly, impose a restriction order or suspension on the person to whom the decision relates, or
(c) remit the decision to the relevant officer for reconsideration with such directions (if any) as the President considers appropriate.
On a review of a decision to impose a penalty under rule 89 or section 50 (7) or 51 (1) of the CCM the President of Tribunals may—
(a) confirm the penalty,
(b) vary the penalty,
(c) reverse the decision to impose the penalty, or
(d) remit the decision to the person who imposed the penalty (or who would have power to impose the penalty at the time the decision is remitted) for reconsideration with such directions (if any) as the President considers appropriate.
(1) An application that is required to be made in accordance with this rule must be made in writing in the form set out in Form 15.
(2) The application must—
(a) state the order, appointment, discharge, direction or relief sought by the applicant,
(b) state the grounds for seeking the order, appointment, discharge, direction or relief, and
(c) if required by the provision of the CCM or these Rules under which the application is made, include evidence in support of the application.
(3) The application must be made as soon as reasonably practicable after the conditions for making the application are met.
(4) If there is a delay in making the application, the application must specify the reasons for that delay.
(5) The application may be signed and dated either by the applicant or by a legal representative acting for the applicant.
(6) If the application is signed and dated by the applicant, it must be verified by a statement of truth made by the applicant.
(7) If the application is signed and dated by a legal representative acting for the applicant, it must be verified by a statement by the legal representative to the effect that the representative is authorised by the applicant to sign the application.
(8) The application must be given to the person who is specified in the provision of the CCM or these Rules as the person to whom the application may be made.
(1) This rule applies where an application is made under a provision of the CCM or these Rules, except where it is provided that the application must or may be made without notice to the other parties.
(2) A copy of the application must be given to the parties or the other party to the complaint at the same time as it is given to the person referred to in rule 105(8).
(1) This rule applies where—
(a) the President of Tribunals holds a hearing on an application in accordance with rule 4, or
(b) the tribunal or court holds a hearing on an application.
(2) Notice of the hearing must be given to the parties at least three days before the first day of the hearing.
(3) If a party to a complaint fails to attend a hearing on an application relating to the complaint—
(a) the President of Tribunals, or the tribunal or court hearing the application, may proceed to determine it in the party’s absence, and
(b) if an order is made on that application, the President, tribunal or court may (on that person’s own initiative or on an application by a party) set aside the order and re-list the application for a further hearing.
(1) This rule applies where, on an application under the CCM or these Rules—
(a) an order is made without a hearing being held, and
(b) the parties to the complaint in respect of which the application is made, or other persons affected by the order, have not had an opportunity to make representations in relation to the application.
(2) A party to the complaint, or a person affected by the order, may apply to the tribunal or court or to the President of Tribunals for the order to be set aside, varied or stayed.
(3) An application under paragraph (2), in relation to an order, may only be made—
(a) before the end of seven days beginning with the day after a copy of the order is given to the applicant under rule 110, or
(b) within such longer period (if any) as is specified in the order.
If, on an application for an order under the CCM or these Rules, the person to whom the application is made considers that it is vexatious or wholly without merit and dismisses it, the order dismissing the application must record that it was considered to be vexatious or totally without merit.
(1) This rule applies if an order is made on an application under the CCM or these Rules.
(2) A copy of the order must be given to —
(a) the parties to the complaint to which the order relates, and
(b) the other persons (if any) specified in the order.
(1) A document required or authorised to be given to a person under the CCM or these Rules may be given by any of the following methods—
(a) delivering it to, or leaving it at, the person’s proper address (see rule 112);
(b) sending it by first class post, or by another delivery service which provides for delivery on the next business day, to the person’s proper address (see rule 112);
(c) sending it by electronic means (but see paragraph (2) of this rule);
(d) personal service;
(e) such other manner as the President of Tribunals, the registrar of tribunals or if, in the case of a complaint of serious misconduct, the complaint has been referred to a tribunal or court, as the Chair of that tribunal or court may direct.
(2) A document may not be given to a person by electronic means, or in a particular electronic form, if that person has stated in writing to the person authorised to send the document an unwillingness to be given a document by electronic means or in that particular electronic form.
(3) Where a document is personally served, that fact must be proved by a certificate.
(4) A reference in these Rules to a document being sent to a person is a reference to it being given to that person in accordance with paragraph (1)(a), (b) or (c).
(1) The proper address of a person, other than a person who comes within paragraph (2) or (3), is—
(a) the person’s usual or last-known address, or
(b) if the person has appointed a legal representative, the business address of that person.
(2) The proper address of the President of Tribunals, or of the Investigation and Tribunals Team, is care of the Legal Office of the National Institutions of the Church of England.
(3) The proper address of the Dean of the Arches and Auditor is the address of the provincial registry of the province concerned.
(1) A document given to a person under the CCM or these Rules is to be treated as having been received by that person on the day specified in the following table—
Method of service | Date of receipt
Delivering document to or leaving it at proper address | If it is delivered to or left at that address on a business day before 4.30 p.m., that day; or, if not, the next business day after that day.
First class post, or other delivery service which provides for delivery on the next business day, to proper address | The second business day after the day on which the document was posted, or left with, delivered to or collected by the service provider, if that day is itself a business day; or, if not, the next business day after that day.
Electronic means | If the email or other electronic transmission is sent on a business day before 4.30 p.m., that day; or, if not, the next business day after it was sent.
Personal service | If the document is served personally before 4.30 p.m. on a business day, that day; or, if not, the next business day after that day.
(2) In the table, “business day” means a day which is not a Saturday or Sunday and which is not Christmas Day, Maundy Thursday, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971.
(1) The President of Tribunals may extend the duration of a period provided for under these Rules, or revive a period which has expired, unless the extension or revival would be inconsistent with a provision of the CCM.
(2) Paragraph (1) does not affect the power of any other person to extend or revive a period under these Rules.
Where a clerk in Holy Orders is required under section 55 (2) of the CCM to inform a bishop, archbishop or the President of Tribunals of an occurrence specified in section 55 (1) of the CCM, the information must be provided in writing.
Where a clerk in Holy Orders is required under section 56 (1) of the CCM to inform a bishop, archbishop or the President of Tribunals that a divorce order is made final or a judicial separation order is made, the information must be provided in writing.
An application for an order under any of the following provisions of the CCM must be made in accordance with rule 105—
(a) section 32 (1) (restraint order);
(b) section 33 (4) (permission to make or proceed with complaint, application or request);
(c) section 33 (5) (variation or discharge of a restraint order).