Safeguarding and Clergy Discipline Measure 2016

JurisdictionUK Non-devolved
Citationmeasure 2016 No. 1
(1) In section 36 of the Clergy Discipline Measure 2003 (the title to which becomes “ Suspension of priest or deacon ”) , in subsection (1) , after paragraph (d) insert
    or
  • (e) the bishop of the diocese is satisfied, on the basis of information provided by a local authority or the police, that a priest or deacon holding any preferment in the diocese presents a significant risk of harm,
.
the bishop of the diocese is satisfied, on the basis of information provided by a local authority or the police, that a priest or deacon holding any preferment in the diocese presents a significant risk of harm,(2) After subsection (2) of that section insert—
  • “(2A) For the purposes of subsection (1) (e) , a person presents a significant risk of harm if there is a significant risk that the person may—
  • (a) harm a child or vulnerable adult,
  • (b) cause a child or vulnerable adult to be harmed,
  • (c) put a child or vulnerable adult at risk of harm,
  • (d) attempt to harm a child or vulnerable adult, or
  • (e) incite another person to harm a child or vulnerable adult.
harm a child or vulnerable adult,cause a child or vulnerable adult to be harmed,put a child or vulnerable adult at risk of harm,attempt to harm a child or vulnerable adult, orincite another person to harm a child or vulnerable adult.(3) After subsection (2A) of that section (inserted by subsection (2) ) insert—
  • “(2B) Before serving a notice under subsection (1) (e) or revoking a notice served under subsection (1) (e) , the bishop must consult—
  • (a) the diocesan safeguarding advisor, and
  • (b) such other persons as the bishop considers appropriate.
the diocesan safeguarding advisor, andsuch other persons as the bishop considers appropriate.(4) After subsection (3A) of that section insert—
  • “(3B) Where a notice of suspension is served under subsection (1) (e) and it has not been revoked under subsection (2) , the suspension shall continue until the expiry of the period of three months following service of the notice; and a further notice of suspension under subsection (1) (e) may be served, and this subsection shall apply to the further suspension as it applied to the earlier suspension or suspensions.
Where a notice of suspension is served under subsection (1) (e) and it has not been revoked under subsection (2) , the suspension shall continue until the expiry of the period of three months following service of the notice; and a further notice of suspension under subsection (1) (e) may be served, and this subsection shall apply to the further suspension as it applied to the earlier suspension or suspensions.(5) In section 37 of the Clergy Discipline Measure 2003 (the title to which becomes “ Suspension of bishop or archbishop ”) , in subsection (1) , after paragraph (d) insert
    or
  • (e) the archbishop of the province in which a bishop holds office or, in the case of an archbishop, the other archbishop, is satisfied, on the basis of information provided by a local authority or the police, that the bishop or archbishop presents a significant risk of harm,
.
the archbishop of the province in which a bishop holds office or, in the case of an archbishop, the other archbishop, is satisfied, on the basis of information provided by a local authority or the police, that the bishop or archbishop presents a significant risk of harm,(6) After subsection (2) of that section insert—
  • “(2A) The reference in subsection (1) (e) to presenting a significant risk of harm is to be construed in accordance with section 36(2A) .
The reference in subsection (1) (e) to presenting a significant risk of harm is to be construed in accordance with section 36(2A) .(7) In subsection (6) of that section, for “(3) , (3A) ” substitute “ (2A) to (3B) ”.in subsection (1) , insert each of the following at the appropriate place—
    child” means a person aged under 18;
,
    diocesan safeguarding advisor” means the person appointed as such for the diocese in question in accordance with provision made by Canon;
, and
    vulnerable adult” has the same meaning as in the Safeguarding and Clergy Discipline Measure 2016.
, and
after subsection (1) insert—
  • “(1A) A reference in this Measure to being arrested for an offence includes a reference to being charged with an offence without being arrested.
A reference in this Measure to being arrested for an offence includes a reference to being charged with an offence without being arrested.(9) In Schedule 1 to the Church of England (Legal Aid) Measure 1994 (proceedings for which legal aid may be given) at the end insert—
    7. Proceedings on an appeal under section 36(6) or by virtue of section 37(6) of the Clergy Discipline Measure 2003 against a suspension made in reliance on section 36(1) (e) or 37(1) (e) of that Measure. The appellant.
(1) In section 2 of the Churchwardens Measure 2001 (general disqualifications) , after subsection (1) insert—
  • “(1A) A person shall be disqualified from being chosen for the office of churchwarden if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006) .
A person shall be disqualified from being chosen for the office of churchwarden if the person is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006) .(2) In subsection (2) of that section, omit paragraph (b) .(3) After subsection (3) of that section insert—
  • “(3A) A person's disqualification under subsection (2) (a) may be waived by the bishop serving written notice on the person; and the notice must specify the bishop's reasons for giving the waiver.
  • (3B) A waiver under subsection (3A) —
  • (a) is of unlimited duration, and
  • (b) has effect in every diocese.
A person's disqualification under subsection (2) (a) may be waived by the bishop serving written notice on the person; and the notice must specify the bishop's reasons for giving the waiver.is of unlimited duration, andhas effect in every diocese.the diocesan safeguarding advisor, andsuch other persons as the bishop considers appropriate.On serving a notice under subsection (3A) , the bishop shall give a copy of the notice to the registrar of the diocese; and the registrar shall file the copy in the diocesan registry.(4) In section 4 of that Measure (time and manner of choosing churchwardens) , in subsection (3) , after “section 2(1) ,” insert “ (1A) , ”.(5) In section 6 of that Measure (admission to office of churchwarden) , in subsection (1) (b) , after “section 2(1) ,” insert “ (1A) , ”.(6) After section 6 of that Measure insert—
    (6A) Suspension
  • “(1) This section applies where—
  • (a) a churchwarden is arrested on suspicion of committing an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 or is charged with such an offence without being arrested, or
  • (b) the bishop is satisfied, on the basis of information provided by a local authority or the police, that a churchwarden presents a significant risk of harm.
a churchwarden is arrested on suspicion of committing an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933 or is charged with such an offence without being arrested, orthe bishop is satisfied, on the basis of information provided by a local authority or the police, that a churchwarden presents a significant risk of harm.The bishop may suspend the person from the office of churchwarden by serving written notice on the person; and the notice must specify the bishop's reasons for imposing the suspension.The bishop may at any time revoke a suspension under this section by serving written notice on the person.harm a child or vulnerable adult,cause a child or vulnerable adult to be harmed,put a child or vulnerable adult at risk of harm,attempt to harm a child or vulnerable adult, orincite another person to harm a child or vulnerable adult.the diocesan safeguarding advisor, andsuch other persons as the bishop considers appropriate.the expiry of three months beginning with the day on which the notice is served, andthe conclusion of the matter.If, in the case of a suspension made in reliance on subsection (1) (a) , the matter is not concluded before the expiry of the period referred to in subsection (6) (a) , a further notice of suspension under subsection (2) may be served on the person; and subsection (6) and this subsection apply to the further suspension as they applied to the earlier suspension or suspensions.Where, in reliance on subsection (1) (b) , a notice of suspension is served under subsection (2) and the suspension has not been revoked under subsection (3) , the suspension continues until the expiry of three months beginning with the day on which the notice is served.In the case of a suspension made in reliance on subsection (1) (b) , a further notice of suspension under subsection (2) may be served on the person; and subsection (8) and this subsection apply to the further suspension as they applied to the earlier suspension or suspensions.

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