Clergy Discipline (Amendment) Measure 2013
| Jurisdiction | UK Non-devolved |
| Citation | measure 2013 No. 2 |
(1) Section 8 of the Clergy Discipline Measure 2003 (in this Measure referred to as “the Measure”) is amended as follows.(2) In subsection (3) , at the beginning there are inserted the words “Subject to subsection (4) below,”, after the word “unbecoming” there are inserted the words “ or inappropriate ” and immediately before the word “bishop” there is inserted the word “archbishop,”.(3) After subsection (3) there are added the following subsections—“ judicial ” ; andafter paragraph (b) , there is added the word “ or ” and the following paragraph—“ subsection (1) (a) or (b) ” and for the word “sentence” there is substituted the word “
- “(4) Notwithstanding subsection (3) above, it shall be unbecoming or inappropriate conduct for any archbishop, bishop, priest or deacon to be a member of, or to promote, or express or solicit support for, a political party or other organisation whose constitution, policies, objectives, activities or public statements are declared in writing by the House of Bishops to be incompatible with the teaching of the Church of England in relation to the equality of persons or groups of different races.
- (5) It shall be the duty of the House of Bishops to take appropriate steps to publish any declaration made under subsection (4) above.
- (6) Without prejudice to subsection (5) above, the House of Bishops shall lay any declaration made under subsection (4) above before the General Synod and, if 25 or more members of the Synod give notice in accordance with its Standing Orders that they wish the declaration to be debated, it shall come into force on the date on which the declaration is approved by the General Synod.
- (7) Any declaration made under subsection (4) above which is not debated by the General Synod in accordance with subsection (6) above shall come into force at the expiry of the period required by the Standing Orders for the giving of the notice under subsection (6) .
- (8) Any declaration made under subsection (4) above may be revoked by a resolution of the House of Bishops and subsections (5) , (6) and (7) above shall apply to any such resolution as they apply to a declaration under subsection (4) .
- (9) Any declaration made by the House of Bishops under subsection (4) above shall require the assent of a majority of not less than two-thirds of the members of the House present and voting.
- (10) In subsection (4) above “races” shall be construed in accordance with section 9 of the Equality Act 2010.
- “(3A) At any time after the bishop has directed, under section 12(1) (e) above, that the complaint be formally investigated in accordance with section 17 below or after the president of tribunals has referred the complaint to a disciplinary tribunal, the bishop and the respondent may, if the respondent admits the misconduct which is the subject of the complaint, agree to the imposition of a penalty under this section and the bishop shall, subject to subsection (2) above, proceed accordingly and thereafter no further step shall be taken in regard thereto.
- “(1A) An appeal by the respondent or the designated officer may only be brought with the leave of the disciplinary tribunal or the Vicar-General's court, as the case may be, or the appeal court.
- (1B) Any application for leave of the appeal court under subsection (1A) —
- (a) shall be heard jointly by the Dean of the Arches and Auditor and one judge appointed by the president of tribunals for the purpose of those proceedings from among the persons serving on the provincial panel of the relevant province, who shall be a lay person in the case of an application by the respondent and a person in Holy Orders in the case of an application by the designated officer;
- (b) may, if the Dean of the Arches and Auditor so directs, be determined without a hearing; and
- (c) shall be granted if at least one of the judges considers either that the appeal would have a real prospect of success or that there is some other compelling reason why the appeal should be heard.
- “(2) Subject to subsection (3) below, proceedings on an appeal under subsection (1) above shall be heard and disposed of by the Dean of the Arches and Auditor sitting with two persons in Holy Orders and two lay persons appointed by the president of tribunals for the purpose of those proceedings from among the persons nominated to serve on the provincial panel of the relevant province otherwise than by the bishop of the diocese concerned.
- (3) In the case of an appeal from a decision of the Vicar-General's court—
- (a) one of the persons in Holy Orders shall be in Episcopal Orders, whether or not that person has been nominated to serve on the provincial panel mentioned in subsection (2) above, and
- (b) where the appeal is by an archbishop, subsection (2) shall have effect as if the reference to persons nominated to serve on the provincial panel otherwise than by the bishop of the diocese concerned were a reference to persons (other than the person in Episcopal Orders) nominated to serve on the provincial panel of the other province.
- (a) is convicted—
- (i) whether in England or elsewhere, of any offence for which a sentence of imprisonment (including one which is not implemented immediately) is passed on him, or
- (ii) of any offence, other than a summary offence, committed in England and Wales, or
- (c) is included in a barred list,
- “(1A) In this Measure “barred list” means the children's barred list or the adults' barred list established in accordance with section 2(1) of and Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.
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