Schedule 2 Royal Peculiars
Rule 114
Jurisdiction
1 (1) The CCM does not apply to an allegation of misconduct against a clerk in Holy Orders who holds office in a Royal Peculiar unless and until the relevant assessor decides, in accordance with the statutes of the Royal Peculiar, that the alleged misconduct is likely to call into question the clerk’s fitness to exercise ministry.
(2) If the relevant assessor makes the decision referred to in sub-paragraph (1), the allegation of misconduct is to be treated for the purposes of the CCM and these Rules as having been made in the form of a complaint and allocated as a complaint of serious misconduct; and a reference in this Schedule to a complaint under this Schedule is to be read accordingly.
(3) The CCM and these Rules have effect accordingly; and for that purpose—
(a) a reference to the responsible bishop is (subject to paragraph 7(1)) to be read as a reference to the person to whom an allegation of misconduct is required to be made under the statutes of the Royal Peculiar concerned,
(b) a reference to the Vicar-General’s court or a bishop’s disciplinary tribunal is to be read as a reference to a disciplinary tribunal under paragraph 3,
(c) a reference to the relevant officer is to be read as a reference to the President of Tribunals,
(d) a reference to the Code of Practice is to be read as a reference to guidance prepared by the relevant assessor about the operation of the system for dealing with allegations of misconduct against clerks in Holy Orders who hold office in the Royal Peculiar, and
(e) the other modifications set out in this Schedule are to apply.
(4) In this Schedule, “the relevant assessor”, in relation to a Royal Peculiar, means the person who, under the Royal Peculiar’s statutes, has responsibility for deciding how to deal with allegations of misconduct against clerks in Holy Orders who hold office in the Royal Peculiar.
(5) A reference in this Schedule to the statutes of a Royal Peculiar also includes a reference to—
(a) any other instrument relating to the governance of the Royal Peculiar, and
(b) any guidance prepared by the relevant assessor about the operation of the system for dealing with allegations of misconduct against clerks in Holy Orders who hold office in the Royal Peculiar.
Investigation
2 In section 27 of the CCM (complaint of serious misconduct), subsection (9) has effect as if for paragraphs (a) and (b) there were substituted the following—
(a) the President must refer the complaint to the relevant assessor, and
(b) the allegations of misconduct in the complaint are to be dealt with under the statutes of the Royal Peculiar concerned.
Disciplinary tribunal
3 (1) A disciplinary tribunal to which a complaint is referred under section 27 (5) of the CCM consists of three persons—
(a) one of whom serves as the Chair (see sub-paragraph (2)),
(b) one of whom is a clerk in Holy Orders appointed by the President of Tribunals from the Royal Peculiars panel (see paragraph 4), and
(c) one of whom is a lay person appointed by the President of Tribunals from that panel.
(2) The Chair of the disciplinary tribunal is a person appointed by the President of Tribunals who—
(a) satisfies the judicial-appointment eligibility condition on a 7-year basis (see section 10 (2) (d) and (6) of the CCM), or
(b) holds or has held high judicial office or the office of circuit judge.
(3) The President of Tribunals may not make an appointment under sub-paragraph (1)(b) or (c) of a person who was appointed to the Royal Peculiars panel by the dean of the Royal Peculiar in which the person who is subject to complaint holds office.
(4) The Chair of the disciplinary tribunal must give directions for how the complaint is to proceed.
Royal Peculiars panel
4 (1) All the persons who hold office as the dean of a Royal Peculiar must jointly maintain a list, known as “the Royal Peculiars panel”, of persons suitable for appointment as a member of a disciplinary tribunal under paragraph 3.
(2) The Royal Peculiars panel consists of the persons nominated under sub-paragraph (3).
(3) The dean of each Royal Peculiar must nominate for inclusion on the Royal Peculiars panel—
(a) two clerks in Holy Orders, and
(b) two lay persons, each of whom is an actual communicant.
Suspension
5 Section 35 of the CCM (restriction order) does not apply to a clerk in Holy Orders subject to a complaint under this Schedule; and sections 34 and 36 of the CCM (suspension) are to be read as if references to section 35 were omitted.
Penalties
6 Sections 37 to 40 of the CCM (penalties etc.) apply to a finding or admission of a complaint under this Schedule that a clerk in Holy Orders has committed misconduct likely to call into question the clerk’s fitness to exercise ministry as they apply to a finding or admission of serious misconduct.
Deposition from Holy Orders
7 (1) Section 41 of the CCM (deposition of priest or deacon) has effect as if the references to the responsible bishop were references to the bishop of the diocese in which the Royal Peculiar is treated by section 68 (6) of the CCM as situated.
(2) Part 16 of these Rules applies to a complaint under this Schedule with such modifications as are necessary or appropriate in consequence of this paragraph.
Conviction for offence etc: power to impose penalty etc
8 In the application of section 46 of the CCM (conviction for offence etc) to a clerk in Holy Orders who holds office in a Royal Peculiar, the power under that section is exercisable by the President of Tribunals.
Appeal and review
9 (1) Section 50 of the CCM (review by President of Tribunals on complaint) applies to a complaint under this Schedule; and for that purpose—
(a) subsection (1) applies as if it included a reference to a decision taken by the relevant assessor that the alleged misconduct is not likely to call into question the fitness of the clerk in Holy Orders to exercise ministry, and
(b) subsection (2) applies as if it included a reference to a dismissal by the relevant assessor of the alleged misconduct on the grounds that it is vexatious or totally without merit.
(2) Section 51 of the CCM (review by President of Tribunals of penalty on conviction etc) applies to a clerk in Holy Orders on whom a penalty has been imposed under section 46 of the CCM (as modified by paragraph 8) as if the clerk were an archbishop on whom a penalty had been imposed under that section.
(3) Section 52 (1) to (4) of the CCM (appeal etc to court) applies to a complaint under this Schedule.
(4) Section 53 of the CCM (permission to appeal) applies to an appeal or application for review under section 52 of the CCM (as it is applied by sub-paragraph (3)); and for that purpose, subsections (1) (a) and (3) are to be ignored.
(5) Part 20 of these Rules applies to a complaint under this Schedule with such modifications as are necessary or appropriate in consequence of this paragraph and paragraph 10.
Composition of appeal panel
10 (1) An appeal or application for review under the CCM as modified by paragraph 9 of this Schedule must be made to a panel that consists of—
(a) the Dean of the Arches and Auditor,
(b) one clerk in Holy Orders appointed by the President of Tribunals from the Royal Peculiars panel, and
(c) one lay person appointed by the President of Tribunals from that panel.
(2) The President of Tribunals may not make an appointment under sub-paragraph (1)(b) or (c) of a person who was appointed to the Royal Peculiars panel by the dean of the Royal Peculiar in which the person who is subject to the complaint holds office.
Propose a changeSchedule 3 Recording and publication of decisions
Rule 116
Interpretation
1 (1) In this Schedule, a reference to a numbered provision is a reference to the provision of the CCM numbered as such.
(2) In this Schedule, a reference to recording a decision or anything else is a reference to recording it in accordance with section 64(1); and the information recorded must include the name of each party to the complaint or other proceeding or process.
(3) In this Schedule, a reference to publishing a decision or anything else is a reference to publishing it on the Church of England website.
(4) A power or duty to publish the name of a person under this Schedule is subject to the power under rule 62(1) (which enables the tribunal or court hearing a complaint of serious misconduct to order that the identity of certain persons may not be published).
Allocation of complaint (section 21(1)(a) to (c))
2 A decision on how to allocate a complaint under section 21(1)(a) to (c)—
(a) may (but need not) be recorded, and
(b) must not be published.
Dismissal of complaint (section 21(1)(d) to (f))
3 (1) A decision under section 21(1)(d) (recommendation to dismiss complaint as vexatious etc.)—
(a) must be recorded, but
(b) unless the respondent to the complaint requests publication of the decision (see sub-paragraph (2)), must not be published.
(2) If the respondent to the complaint requests publication of the decision, it must be published; and the information published must include the name of the respondent.
(3) A decision under section 21(1)(e) or (f) (dismissal of complaint as being out of time or being made by person without proper interest)—
(a) must be recorded, but
(b) must not be published.
Grievance (section 23)
4 (1) A decision to act under section 23(4)(b) or (c) (reallocation of grievance as complaint of misconduct or serious misconduct)—
(a) must be recorded, but
(b) must not be published.
(2) Where a grievance is resolved, or the designated person is satisfied under section 23(6) that it is not possible to resolve a grievance, the fact of the resolution or of the impossibility of a resolution—
(a) must be recorded, but
(b) must not be published.
Misconduct that is not serious misconduct (sections 25 and 38)
5 (1) Where the responsible bishop (acting under section 25(6)) or the President of Tribunals (acting under section 25(7)(a)) implements a recommendation under section 25(3) or (5), a concise summary of the complaint and the recommendation—
(a) must be recorded, and
(b) must be published.
(2) Where the President of Tribunals, acting under section 25(7)(b), determines a complaint or gives directions, a concise summary of the complaint and (depending on what the President does) the determination or the directions—
(a) must be recorded, and
(b) must be published.
(3) Where the responsible bishop or the President of Tribunals decides under section 38(1) or (3) to impose a penalty, the decision as to which penalty to impose—
(a) must be recorded, and
(b) must be published.
(4) Information published under sub-paragraph (1)(b), (2)(b) or (3)(b) must include the name of the respondent.
Serious misconduct: referral or dismissal (section 27)
6 (1) Where the President of Tribunals, acting under section 27(5) (see rule 38(5)), decides to refer or dismiss a complaint in full or in part, the fact of the referral or dismissal and whether it is of the complaint in full or in part—
(a) must be recorded, and
(b) must be published.
(2) If the President so chooses, the President’s reasons for the decision—
(a) may be recorded, and
(b) may be published.
(3) Information published under sub-paragraph (1) or (2) must include the name of the respondent.
(4) Information under sub-paragraph (2) may be recorded and published at the same time as, or after, the information under sub-paragraph (1) to which it relates is recorded and published.
Serious misconduct: determination (sections 27, 31 and 38)
7 (1) Where a tribunal or court, acting under section 31(2), determines a complaint of serious misconduct, the full text of the judgment of the tribunal or court—
(a) must be recorded, and
(b) must be published.
(2) Where a tribunal or court, acting under section 31(2), makes an interim decision on a complaint of serious misconduct, and if the Chair of the tribunal or court so chooses, the interim decision—
(a) may be recorded, and
(b) may be published.
(3) Where the tribunal or court, acting under section 38(2), (4) or (5), decides to impose a penalty, the decision as to which penalty to impose—
(a) must be recorded, and
(b) must be published.
(4) Information published under sub-paragraph (1)(b), (2)(b) or (3)(b) must include the name of the respondent.
Vexatious litigant: restraint order (sections 32 and 33)
8 (1) Where a restraint order is made under section 32(4), the fact of the order being made, the period for which it has effect and a variation or discharge of the order—
(a) must be recorded, and
(b) must be published.
(2) Information published under sub-paragraph (1)(b) must include the name of the applicant for the restraint order and the name of the person against whom it is made.
Restriction order (sections 34 and 35)
9 (1) Where a restriction order is imposed under section 34(2)(a), the fact of the order being imposed, the period for which it has effect and any revocation of the order—
(a) must be recorded, and
(b) must be published.
(2) Information published under sub-paragraph (1)(b)—
(a) must include the name of the person on whom the restriction order is imposed, and
(b) must be accompanied by a statement that any person wishing to find out about the effect of the order may contact the registrar of the registry in which the information is recorded.
Suspension (sections 34 and 36)
10 (1) Where a suspension is imposed under section 34(2)(b), the fact of the suspension being imposed, the period for which it has effect and any revocation of the suspension—
(a) must be recorded, and
(b) must be published.
(2) Information published under sub-paragraph (1)(b) must include the name of the person on whom the suspension is imposed.
Conditional discharge (section 40)
11 Where a conditional discharge is made under section 40, the fact of the order being made, the person to whom the order applies and the period specified in the order—
(a) must be recorded, but
(b) must not be published.
Deposition from Holy Orders (sections 41 and 42)
12 (1) Where a priest or deacon is deposed from Holy Orders under section 41 or the Upper House of either Convocation resolves to depose a bishop or archbishop from Holy Orders under section 42, the fact of the deposition or resolution—
(a) must be recorded, and
(b) must be published.
(2) Information published under sub-paragraph (1)(b) must include the name of the person who is deposed or in respect of whom the resolution is passed.
Conviction for offence, inclusion on barred list etc. (section 46)
13 (1) Where a decision is made to impose a penalty under section 46 (conviction for offence etc: power to impose penalty etc.), the decision as to which penalty to impose—
(a) must be recorded, and
(b) must be published.
(2) Information published under sub-paragraph (1)(b) must include the name of the person on whom the penalty is imposed.
Reviews and appeals (section 50)
14 (1) Where a request for review is made under section 50(1) (allocation of complaint as grievance)—
(a) the fact of the request being made must not be recorded, but
(b) if the President of Tribunals so orders, the text of the President’s decision on the request and the reasons for it must be published.
(2) Where a request for review is made under section 50(2), (3), (6) or (7) (dismissal of complaint as vexatious etc; report on complaint of misconduct; decision not to impose restriction order or suspension; imposition of penalty by responsible bishop)—
(a) the fact of the request being made must be recorded, and
(b) if the President of Tribunals so orders, the text of the President’s decision on the request and the reasons for it must be published.
(3) Where an appeal is brought under section 50(4) or (5) (appeal against restriction order or suspension)—
(a) the fact of the appeal being brought must be recorded, and
(b) if the President of Tribunals or (as the case may be) the Dean of the Arches and Auditor so orders, the text of the President or Dean’s decision on the appeal and the reasons for it must be published.
(4) In the case of an appeal under section 50(5) heard by a person appointed by the Dean of the Arches and Auditor under section 50(5)(b), sub-paragraph (3)(b) is to be read as if the references to the Dean were references to the person appointed.
(5) Information published under sub-paragraph (1)(b), (2)(b) or (3)(b) must include the name of the person making the request for review or bringing the appeal.
Propose a change