The Clergy Discipline Rules 2005
| Year | 2005 |
2005 No. 2022
ECCLESIASTICAL LAW, ENGLAND
The Clergy Discipline Rules 2005
Made 9th July 2005
Laid before Parliament 26th July 2005
Coming into force in accordance with rule 107(2)
In pursuance of sections 26(1) and (2) of the Care of Churches and Ecclesiastical Jurisdiction Measure 19911as amended by sections 45(1) and (2) of the Clergy Discipline Measure 20032, the Rule Committee constituted in accordance with section 25 of the said 1991 Measure as amended by section 45(3) of the said 2003 Measure makes the following rules —
PART I
Introductory
Overriding Objective
1. The overriding objective of these rules is to enable formal disciplinary proceedings brought under the Measure to be dealt with justly, in a way that is both fair to all relevant interested persons and proportionate to the nature and seriousness of the issues raised. The rules are, so far as is reasonably practicable, to be applied in accordance with the following principles —
(a) The complainant and the respondent shall be treated on an equal footing procedurally.
(b) The complainant and the respondent shall be kept informed of the procedural progress of the complaint.
(c) Undue delay is to be avoided.
(d) Undue expense is to be avoided.
Duty to co-operate
2.—(1) All parties shall co-operate with any person, tribunal or court exercising any function under the Measure in order to further the overriding objective.
(2) Any failure to co-operate by a party may result in adverse inferences being made against that party at any stage of the proceedings.
Application of rules
3. These rules apply to proceedings under the Clergy Discipline Measure 2003 alleging misconduct against a clerk in Holy Orders, other than in relation to matters involving doctrine, ritual or ceremonial.
PART II
Institution of proceedings
Institution of proceedings against priests or deacons
4.—(1) No disciplinary proceedings under section 10(1)(a) of the Measure may be instituted against priests or deacons except by way of a written complaint made in form 1a in the Schedule, or in a document which is substantially to the like effect containing the information required by sub-rule (2).
(2) A complaint in writing made under section 10(1)(a) of the Measure shall—
(a)
(a) state—
(i) the bishop to whom the complaint is being made,
(ii) the full name and contact address, including postcode, of the complainant,
(iii) the name and position held of the priest or deacon about whom the complaint is made,
(iv) why the complainant claims to have a proper interest or is otherwise entitled to make the complaint,
(v) in summary form the nature and details of the acts or omissions alleged to be misconduct under section 8 of the Measure,
(vi) the date or dates of the alleged misconduct,
(vii) the evidence in support that the complainant relies upon, which shall be in writing signed and dated by the maker of the statement in each case.
(b)
(b) where the complainant has been nominated by a Parochial Church Council, have attached to it a certified copy of the resolution passed by the Parochial Church Council in accordance with section 10(1)(a)(i) of the Measure,
(c)
(c) contain a declaration that the complainant believes the facts of the complaint to be true, and
(d)
(d) be signed and dated by the complainant, and be sent or delivered to the bishop.
Joint complainants
5. Where a complaint is signed by two or more persons jointly, they shall nominate one of them to be the correspondent for the purposes of these rules.
Form of statements in support
6.—(1) The maker of any statement submitted as evidence in support of a complaint shall indicate which matters in it are within the maker’s own knowledge and which are matters of information and belief, and shall identify the source of any matters of information and belief.
(2) Any such statement in support shall be made in form 3 in the Schedule or in a document which is substantially to the like effect, and shall contain a declaration that the maker of the statement believes the facts in it are true.
Submission of statements in support
7.—(1) All written evidence relied upon in support of the complaint shall be sent to the bishop at the same time as the complaint, save as provided for in sub-rules (2) and (3).
(2) Any request to the bishop for permission to send written evidence in support of the complaint after the date of the complaint shall be in writing and shall state the reasons relied upon.
(3) A reasonable period of time for written evidence in support of the complaint to be sent may be allowed by the bishop but this should not exceed 28 days from the date of the complaint.
(4) The complainant shall be notified promptly in writing of any permission or refusal by the bishop to allow written evidence to be sent after the date of the complaint.
Complaint out of time
8.—(1) Any application to the President to permit a complaint instituting disciplinary proceedings outside the period prescribed in section 9 of the Measure shall be made in writing in form 1c in the Schedule or in a document which is substantially to the like effect containing the information required for completion of form 1c, and shall set out the reasons why proceedings were not instituted within time.
(2) Within 7 days of receipt of the application the President shall start consultation by providing the respondent with a copy of the complainant’s application, and shall invite the respondent to make written comments within 21 days about the reasons given by the complainant for not instituting proceedings in time.
(3) A copy of any comments received from the respondent shall be supplied by the President to the complainant within 7 days of receipt.
(4) The President shall inform the complainant that within 21 days of receiving a copy of any comments from the respondent the complainant may send written comments in reply to the President.
(5) Having considered any comments of the complainant and the respondent, and if satisfied that there was good reason why the complainant did not institute proceedings at an earlier date, the President may give permission in writing to the complainant for a complaint to be made under section 10(1)(a) of the Measure, and if so, shall specify the time within which the complaint in writing shall be made in accordance with rule 4. The President shall send a copy of the written permission to the respondent and the relevant bishop.
(6) If, having considered any comments of the complainant and the respondent, the President does not give permission for a complaint to be made outside the period prescribed in section 9 of the Measure, the President shall in writing so notify the complainant, the respondent and the relevant bishop.
PART III
Preliminary scrutiny
Receipt of complaint
9.—(1) On receipt of a complaint the bishop, or a person authorised by the bishop, shall send the complainant an acknowledgment of the complaint, which states—
(a)
(a) the date when proceedings were instituted, which is the date the complaint was received, and
(b)
(b) subject to paragraph (c), that the complaint together with the written evidence in support of the complaint, if any, will be referred to the registrar for a written report to be prepared setting out the registrar’s views on—
(i) whether at the date when proceedings were instituted the complainant was entitled under section10 of the Measure to make the complaint, and
(ii) whether there is sufficient substance in the complaint to justify proceeding with it in accordance with the provisions of the Measure.
Where a complaint alleges misconduct which might constitute a criminal offence, the acknowledgment shall state that resolution of the complaint under the Measure may be postponed to await the outcome of police or other investigations.
(2) The bishop, or a person authorised by the bishop, shall refer the complaint and written evidence in support of the complaint to the registrar within 7 days of receipt.
Notifying the respondent about the complaint
10.—(1) Subject to sub-rule (2), within 7 days of receiving the complaint from the bishop, the registrar shall notify the respondent in writing—
(a)
(a) that a complaint has been made,
(b)
(b) that the registrar’s function is limited to scrutinising the complaint in order to produce a written report for the bishop setting out the registrar’s views on—
(i) whether, at the date when proceedings were instituted, the complainant was entitled under section10 of the Measure to make the complaint, and
(ii) whether there is sufficient substance in the complaint to justify proceeding with it,
(c)
(c) that no formal response or detailed evidence is required from the respondent at this preliminary stage as the registrar’s function is limited to the matters in paragraph (b) above,
(d)
(d) that the respondent will be requested by the bishop to respond to the complaint in detail with evidence in support if it proceeds beyond preliminary scrutiny,
(e)
(e) of the date when the registrar expects to submit the written report to the bishop.
(2) For the protection of the interests of a child, the registrar may in exceptional circumstances delay notifying the respondent that a complaint has been made until no later than 42 days after receipt of the complaint.
(3) When notifying the respondent under sub-rule (1), the registrar shall send the respondent a copy or, where sub-rule (4) applies, an edited transcript of the complaint and the written evidence in support.
(4) The registrar may delete from the respondent’s copy of the complaint form and written evidence in support any details which would or...
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