Legalize / United Kingdom / Statutory-Instrument

The Clergy Conduct Rules 2026

Type Statutory-Instrument

Publication 2026-07-11

Last updated 2026-07-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) The registrar of tribunals must give directions for the time, date and place of each session of the hearing (including, in a case where the hearing is to any extent to be held in a manner referred to in paragraph (1)(b), instructions on how to join and participate in the hearing).

(3) The hearing in its entirety must be recorded by audio, audio-visual or other electronic means.

Cross-examination of witnesses in person

55

(1) A respondent may not cross-examine a witness in person where the alleged misconduct is—

(a) conduct of a sexual nature towards the witness,

(b) violent, controlling, coercive or threatening conduct towards the witness, or

(2) A respondent may not cross-examine a witness in person where it appears to the tribunal or court—

(a) that the quality of evidence given by the witness would be likely to be diminished if the cross-examination were conducted by the respondent in person and would be likely to be improved if a direction under this rule were to be given, and

(b) that it would not be contrary to the interests of justice to give such a direction.

(3) The Investigation and Tribunals Team may apply to the Chair of the tribunal or court for a direction that paragraph (2) applies in relation to the witness specified in the application.

(4) An application under paragraph (3) must be made in accordance with rule 105.

(5) The respondent—

(a) may, before the end of 14 days beginning with the day after a copy of an application under paragraph (3) was received, make representations in writing to the Chair, and

(b) must, if representations are made under this paragraph, give a copy of the representations to the Investigation and Tribunals Team at the same time as the representations are made.

(6) In determining an application under paragraph (3), the Chair must have due regard to—

(a) any views expressed by the witness as to whether the witness is content to be cross-examined by the respondent in person,

(b) the nature of the questions likely to be asked, in light of the issues in the proceedings,

(c) whether there has been any relationship between the witness and the respondent and, if so, the nature of that relationship, and

(d) any other relevant circumstances.

(7) Where the Chair is satisfied that paragraph (1) or (2) applies in relation to a witness, the Chair must—

(a) give a direction to that effect,

(b) invite the respondent to arrange for a legal representative to act for the purpose of cross-examining the witness, and

(c) direct the respondent to notify the registrar of tribunals by the end of the period specified in the direction whether a legal representative is to act for that purpose.

(8) If, by the end of the period specified under paragraph (7)(c), the respondent has not given the notification to the registrar of tribunals—

(a) the Chair must consider whether it is in the interests of justice for the witness to be cross-examined, and

(b) if the Chair considers that it is, the tribunal or court must appoint a legal representative to cross-examine the witness.

(9) A person appointed under paragraph (8)(b) is appointed to act in the interests of the respondent but is not responsible to the respondent.

(10) The tribunal or court must meet the costs that—

(a) are incurred in respect of an appointment under paragraph (8)(b), and

(b) do not exceed the amount that the Chair determines is reasonable in the circumstances.

Amendments to allegations

56

(1) At any time before the hearing begins, the registrar of tribunals may, on an application made in writing by the complainant, direct that an allegation of misconduct in the complaint is to be amended.

(2) At any time after the hearing begins (but before the complaint is determined), the Chair of the tribunal or court may, on an application made orally by the complainant, direct that an allegation of misconduct in the complaint is to be amended.

(3) The registrar of tribunals or the Chair may only give a direction under this rule if satisfied that the amendment—

(a) is necessary for the just disposal of the proceedings in accordance with the overriding objective,

(b) is appropriate in the circumstances of the case, and

Tribunal or court sitting in private

57

(1) The circumstances in which the tribunal or court may sit in private for the purposes of section 31 (3) (b) of the CCM are those in which it is satisfied that doing so is necessary—

(a) to protect the privacy of a child or protected party giving evidence in person, or

(b) to prevent prejudice to the proceedings.

(2) The following persons (and no others) may attend a hearing of the tribunal or court held in private—

(a) the complainant and the respondent,

(b) where the complainant or respondent is a litigation friend appointed under section 17 of the CCM, the protected party (which has the meaning given in rule 5),

(d) the registrar of tribunals for the province in which the hearing is held,

(e) the Investigation and Tribunals Team,

(f) the responsible bishop or a person nominated by that bishop,

(g) if the complaint is against a priest or deacon, the archdeacon who has a proper interest in the complaint under section 15 of the CCM,

(h) any person involved in the administration of the hearing, and

(i) any person permitted by the tribunal or court to attend.

Personal attendance of witness

58

The Chair of the tribunal or court may, at any stage of the proceedings on the complaint, require the personal attendance at the hearing of—

(a) the author of a witness statement, or

(b) an expert who has produced a report, or is giving evidence in another form, in accordance with rule 51.

Absence from hearing

59

If the complainant or respondent is absent from a hearing on the complaint, the tribunal or court may proceed with the hearing only if satisfied that the absent party has been given written notice of the hearing.

Power to exclude from hearing

60

The tribunal or court may exclude a person from the hearing if, in the opinion of the tribunal or court, the person—

(a) has disrupted the hearing or threatens to disrupt the hearing, or

(b) has otherwise interfered with the administration of justice.

Special measures

61

(1) This rule applies if the Chair of the tribunal or court decides that a party’s ability to participate, or a witness’s ability to give evidence, in the proceedings is being, or is likely to be, diminished on any of the following grounds—

(a) age, immaturity or lack of understanding;

(b) communication or language difficulties (including literacy);

(d) a mental health condition or a significant impairment of an aspect of intelligence or social functioning (including learning difficulties);

(e) the impact of the subject-matter or facts relevant to the proceedings;

(f) a relationship with a party or witness;

(g) social, domestic or cultural circumstances;

(h) the presence of any other factor causing vulnerability in the party or witness.

(2) The Chair may give directions, or make an order, to put in place special measures for the purpose of—

(a) enabling, or increasing the ability of, the party to participate in the proceedings, or

(b) enabling, or increasing the ability of, the witness to give evidence in the proceedings.

(3) The Chair may reach the decision under paragraph (1) either on an application by the party or witness or on the Chair’s own initiative.

(4) An application for the purposes of this rule may be made orally or in writing; and an application in writing must be made in accordance with rule 105.

(5) Before exercising a power under paragraph (2), the Chair must consider views expressed by the party or witness (as the case may be).

(6) The special measures which may be put in place under paragraph (2) include, in particular—

(a) allowing a support person to be present at the hearing when the party or witness gives evidence,

(b) preventing a party or witness from seeing another party or witness by the use of screens,

(c) allowing a party or witness to give evidence by a means referred to in rule 54 (1)(b) (in so far as the hearing is not already being held by such means),

(d) hearing a party or witness give evidence in private,

(e) admitting pre-recorded video evidence,

(f) questioning a party or witness through an intermediary, and

(g) using a device or other aid to help a party or witness communicate.

Power to order identity not to be published

62

(1) The tribunal or court may order that the name and other identifying details of a person who is involved, or referred to, in the proceedings must not be published or otherwise made public.

(2) The tribunal or court may make an order under paragraph (1) only if satisfied that the order—

(a) is desirable to protect the private life of a person,

(b) is desirable to protect the interests of a child, or

(3) An order under paragraph (1) may be of a defined or indefinite duration (and may, accordingly, have effect beyond the conclusion of the proceedings).

Part 14 — TERMINATION, SUBSITUTION AND WITHDRAWAL

Proceedings cease on death of respondent

63

Proceedings under the CCM and these Rules cease on the death of the respondent.

Substitution on death, incapacity etc of complainant

64

(1) This rule applies if the complainant dies or is or becomes incapacitated or otherwise incapable of participating in the proceedings; and for this purpose, the reference to being incapacitated includes a reference to lacking capacity for the purposes of the Mental Capacity Act 2005[^f00004].

(2) A person may apply to the President of Tribunals to be substituted as the complainant in relation to the complaint.

(3) An application under paragraph (2) must—

(a) be made on notice to the respondent and in accordance with rule 105, and

(b) state the grounds on which the person has a proper interest in the complaint for the purposes of section 15 of the CCM.

(4) The President of Tribunals may grant an application under paragraph (2) if satisfied that the person has, for the purposes of section 15 of the CCM, a proper interest in the complaint.

(5) If no application under paragraph (2) is made, or if none is granted, and the President of Tribunals considers it reasonable in all the circumstances, the President of Tribunals may order that the complaint is treated as being withdrawn.

(6) If a complaint is treated as being withdrawn under paragraph (5), no further action is taken in relation to the complaint under the CCM or these Rules.

Withdrawal of complaint

65

(1) The complainant may withdraw the complaint in accordance with this rule.

(2) The complainant may withdraw the complaint if permitted to do so by the President of Tribunals, subject to paragraph (3).

(3) In the case of a complaint of serious misconduct which has been referred to a tribunal or court, the complainant may withdraw the complaint if permitted to do so by the tribunal or court.

(4) An application for permission to withdraw a complaint must be made in accordance with rule 105.

(5) If an application for withdrawal of a complaint is granted, no further action may be taken in relation to the complaint under the CCM or these Rules.

(6) If the President of Tribunals or the Chair of the tribunal or court, as the case may be, refuses to grant an application for withdrawal of a complaint, the President or Chair may order that another person with a proper interest be substituted for the complainant.

Part 15 — PENALTIES AND DECISIONS

Penalties: misconduct (but not serious misconduct)

66

(1) Before imposing a penalty under section 38 (1) or (3) of the CCM, the responsible bishop or the President of Tribunals must give each of the parties an opportunity to make written representations on—

(a) whether or not it is appropriate to impose a penalty;

(b) which penalty or penalties (if any) under section 37 (1) of the CCM it is appropriate to impose.

(2) The representations (if any) must be made before the end of 14 days beginning with the day after the invitation to make those representations is given.

Penalties: responsible bishop’s view

67

(1) This rule applies where the tribunal or court on a complaint of serious misconduct, acting under section 39 (5) of the CCM, invites the responsible bishop to give a written opinion on the appropriate penalty.

(2) The responsible bishop must provide the opinion before the end of 14 days beginning with the day after the invitation is given.

(3) The tribunal or court must (in addition to giving a copy to the respondent under section 39 (6) (b) of the CCM) give a copy of the written opinion to—

(a) the Investigation and Tribunals Team, and

(b) if a relevant safeguarding professional is a party to the complaint, that party.

Penalties: imposition without a complaint

68

(1) This rule applies where a bishop or archbishop, or the President of Tribunals, proposes to exercise the power to impose a penalty under—

(a) section 46 (1) of the CCM (conviction for offence), or

(b) rule 87 (5)(a) (work in other capacities).

(2) The Investigation and Tribunals Team must—

(a) prepare the report required for the purposes of section 46 (3) of the CCM before the end of 14 days beginning with the day after the person proposing to exercise the power makes a request for the report, and

(b) within the period specified in sub-paragraph (a)—

(i) give a copy of the report to the respondent, and

(ii) if a diocesan safeguarding officer or the national director of safeguarding is required to be consulted under section 46 (3) (c) of the CCM before the penalty is imposed, give a copy of the report to that person.

(3) The period within which the cleric may make representations under section 46 (3) (b) of the CCM is 14 days beginning with the day after the invitation to make those representations is given.

(4) If the cleric makes representations under section 46 (3) (b) of the CCM, the cleric must, within the period specified in paragraph (3)—

(a) give a copy of the representations to the Investigation and Tribunals Team, and

(b) if a diocesan safeguarding officer or the national director of safeguarding is required to be consulted under section 46 (3) (c) of the CCM before the penalty is imposed, give a copy of the representations to that person.

(5) If the person proposing to impose the penalty consults a diocesan safeguarding officer or the national director of safeguarding under section 46 (3) (c) of the CCM—

(a) the consultation must be conducted in writing,

(b) the person consulted must respond to a request for consultation before the end of 14 days beginning with the day after the request was made, and

(6) For the purposes of the application of this rule in relation to the exercise of the power under rule 87 (5)(a) (power to impose penalty for misconduct committed in work in ````````````````````````````other capacity), references in paragraphs (2) to (5) to provisions of section 46 of the CCM are references to those provisions as applied by rule 87 (5)(b).

Pronouncement of decisions

69

(1) The Chair of the tribunal or court on a complaint of serious misconduct must pronounce in public—

(a) the determination of a complaint by the tribunal or court, and

(b) the penalty (if any) imposed.

(2) The Chair—

(a) may make a pronouncement under paragraph (1) at the end of the hearing or at a later date, and

(b) must not make a pronouncement under paragraph (1)(b) before making the pronouncement under paragraph (1)(a) in respect of the complaint.

(3) The Chair may sit alone for the purposes of making a pronouncement under this rule, except where the pronouncement is made at the end of the hearing.

Penalties or sanctions imposed without a complaint: copies of decision

70

(1) This rule applies if a bishop or archbishop, or the President of Tribunals, imposes a penalty or administrative sanction under section 46 of the CCM (conviction for offence etc.).

(2) A bishop or archbishop who imposes a penalty or sanction must send a copy of the written record of the decision under section 46 (7) of the CCM to—

(a) the clerk in Holy Orders on whom the penalty or sanction is imposed,

(b) the Investigation and Tribunals Team,

(c) either the provincial registrar (in the case of a decision made by an archbishop) or the diocesan registrar (in the case of a decision made by a bishop), and

(d) if a diocesan safeguarding officer or the national director of safeguarding was consulted under section 46 (3) (c) of the CCM before the imposition of penalty or sanction, that person.

(3) If the President of Tribunals imposes a penalty or administrative sanction under section 46 of the CCM—

(a) the decision on the penalty or administrative sanction to impose must be recorded in writing, and

(b) the President of Tribunals must send a copy of the written record of the decision to—

(i) the clerk in Holy Orders on whom the penalty or sanction is imposed,

(ii) the other archbishop,

(iii) the Investigation and Tribunals Team,

(iv) the provincial registrar, and

(v) the national director of safeguarding, if that person was consulted under section 46 (3) (c) of the CCM before the imposition of the penalty or sanction.

Part 16 — DEPOSITION FROM HOLY ORDERS

Priests and deacons: notice

71

(1) This rule applies where the responsible bishop in relation to a priest or deacon intends to exercise the power under section 41 (2) of the CCM to depose the priest or deacon from Holy Orders.

(2) The notice of the intention to depose the priest or deacon from Holy Orders under section 41 (4) of the CCM must be in the form specified in Form 6.

(3) The notice must—

(a) state that the responsible bishop intends to depose the priest or deacon from Holy Orders,

(b) specify the reasons for that decision,

(d) explain the effect of section 41 (7) of the CCM (minimum period before deposition can take effect).

(4) The notice must be served personally on the priest or deacon; and, in making the arrangements for personal service of the notice, the responsible bishop must have due regard to the Code of Practice.

(5) But the President of Tribunals, if satisfied on an application by the responsible bishop that service under paragraph (4) is not practicable, may direct that the notice—

(a) may be sent in accordance with rule 111, or

(b) may otherwise be given in accordance with the President’s directions.

(6) An application under paragraph (5)—

(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).

(7) If the notice is to be given in accordance with a direction under paragraph (5), it must be accompanied by a written offer from the responsible bishop of the opportunity for a meeting with the responsible bishop.

Priests and deacons: appeals

72

(1) An appeal under section 41 (5) of the CCM against a notice of intention to depose a priest or deacon from Holy Orders is made by giving notice in the form specified in Form 7 to the provincial registrar.

(2) The notice must —

(a) state the appellant’s name, postal address, telephone number and email address, and

(b) specify the grounds for making the appeal.

(3) The notice must be accompanied by —

(a) a copy of the decision referred to in section 41 (1) of the CCM (imposition of penalty of prohibition for life), and

(b) a copy of the notice of intention in respect of which the appeal is made.

(4) The archbishop must determine the appeal without a hearing but may, for the purposes of determining the appeal, request information or clarification from—

(a) the appellant,

(b) the Investigation and Tribunals Team, or

(5) On an appeal under section 41 (5) of the CCM, the archbishop may—

(a) confirm the notice of intention to depose the priest or deacon, or

(b) set aside the notice of intention.

(6) The archbishop must give written notice of the decision on the appeal to—

(a) the appellant,

(b) the responsible bishop,

(d) if a relevant safeguarding professional was a party to the complaint on which the decision referred to in section 41 (1) of the CCM was made, that party.

(7) Notice given for the purposes of paragraph (6)(a) must be served personally on the appellant; and, in making the arrangements for personal service of the notice, the archbishop must have due regard to the Code of Practice.

(8) Paragraphs (5) and (6) of rule 71 apply in relation to the service of a notice under paragraph (7) of this rule as they apply in relation to the service of a notice under paragraph (4) of that rule, with the reference in rule 71 (5) to the responsible bishop to be read as a reference to the archbishop.

Priests and deacons: decision

73

(1) The deposition of a priest or deacon from Holy Orders is given effect by instrument in writing executed under the hand and seal of the responsible bishop.

(2) A copy of the instrument sealed by the responsible bishop must be served personally on the priest or deacon; and, in making the arrangements for personal service of the instrument, the responsible bishop must have due regard to the Code of Practice.

(3) The responsible bishop must give a copy of the instrument to—

(a) the diocesan registry of the diocese of the responsible bishop, and

(b) any other person whom the responsible bishop considers appropriate.

(4) If the responsible bishop decides not to depose a priest or deacon from Holy Orders, the responsible bishop—

(a) must make a written record of the decision and the reasons for it, and

(b) must place that record on the priest or deacon’s clergy file.

(5) A copy of the written record must be served personally on the priest or deacon; and, in making the arrangements for personal service of the copy record, the responsible bishop must have due regard to the Code of Practice.

(6) The responsible bishop must provide a copy of the written record to—

(a) the complainant,

(b) the Investigation and Tribunals Team, and

(c) if a relevant safeguarding professional is a party to the complaint on which the decision referred to in section 41 (1) of the CCM was made, that party.

(7) Paragraphs (5) and (6) of rule 71 apply in relation to the service of a copy of an instrument or report under paragraph (2) or (5) of this rule as they apply in relation to the service of a notice under paragraph (4) of that rule.

(8) In paragraph (4)(b), “clergy file” has the meaning given in rule 21 (3).

Archbishops and bishops: notice

74

(1) This rule applies where it is proposed to put a resolution to depose a bishop or archbishop from Holy Orders to the Upper House of the Convocation of a province, in accordance with section 42 of the CCM.

(2) Notice of the proposed resolution under section 42 (5) of the CCM must be in the form specified in Form 8.

(3) The notice must—

(a) state that the Upper House of the Convocation of the province intends to consider a resolution to depose the bishop or archbishop from Holy Orders,

(b) specify the reasons for that decision,

(d) explain the effect of section 42 (6) and (7) of the CCM (hearing and minimum period before the resolution may be put to the Upper House).

(4) The notice must be served personally on the bishop or archbishop to whom the proposed resolution relates; and, in making the arrangements for personal service of the notice, the registrar of the Convocation must have due regard to the Code of Practice.

(5) Paragraphs (5) and (6) of rule 71 apply in relation to service of a notice under paragraph (4) of this rule as they apply in relation to service of a notice under paragraph (4) of that rule, with the reference in rule 71 (5) to the responsible bishop to be read as a reference to the registrar.

(6) The fact that the notice was served or otherwise given and the manner in which it was given must be proved by a certificate.

Archbishops and bishops: representations etc

75

(1) This rule applies where notice has been given under rule 74 of a proposed resolution of the Upper House of the Convocation of a province to depose a bishop or archbishop from Holy Orders.

(2) A bishop or archbishop who makes written representations under section 42 (6) of the CCM must, at the same time as making them—

(a) give a copy of the representations to the Investigation and Tribunals Team, and

(b) if a relevant safeguarding professional was a party to the complaint on which the decision under section 42 (1) or (2) of the CCM was made, give a copy of the representations to that party.

(3) A bishop or archbishop who intends to take the opportunity, given in accordance with section 42 (6) of the CCM, to be heard before the Upper House personally, must give written notice of that intention to the Upper House at least 14 days before the hearing is due to take place.

(4) The bishop or archbishop may be legally represented at the hearing.

(5) The president of the Upper House of the Convocation may invite written submissions in relation to the proposed resolution from—

(a) the Investigation and Tribunals Team, and

(b) if a relevant safeguarding professional was a party to the complaint on which the decision under section 42 (1) or (2) of the CCM was made, that party.

(6) The Investigation and Tribunals Team and a relevant safeguarding professional who was a party to the complaint on which the decision under section 42 (1) or (2) of the CCM was made must be given the opportunity to be heard before the Upper House of the Convocation in relation to the proposed resolution.

Part 17 — RESTRICTION ORDERS AND SUSPENSIONS

Notice of restriction order

76

(1) This rule applies where a relevant officer decides to impose a restriction order on a cleric in accordance with sections 34 and 35 of the CCM.

(2) The relevant officer must give notice of the restriction order to the cleric in the form set out in Form 9.

(3) The notice of restriction order must—

(a) specify the grounds under section 34 (1) of the CCM on which the restriction order is imposed,

(b) state that the restriction order takes effect on the date of service of the notice,

(d) state that a further restriction order may subsequently be imposed,

(e) state that the effect of a restriction order is that the cleric must not take certain action specified in the notice (“restricted action”), except in so far as the relevant officer has given permission,

(f) if the relevant officer, at the time of imposing the restriction order, gives permission for the cleric to take restricted action in accordance with the permission, specify the action and the terms of the permission,

(g) state that a request from a cleric for permission to take restricted action (so far as it is not permitted on the terms specified in the notice under sub-paragraph (f)) must be made in writing to the relevant officer,

(h) state that taking restricted action (without permission) constitutes misconduct under section 3 of the CCM, and

(i) state that the cleric may, before the end of 14 days beginning with the day after the service of the notice of the restriction order, appeal against the decision to impose the restriction order.

(4) If, after giving notice of the restriction order, the relevant officer gives permission for the cleric to carry out restricted action, the permission must be given in writing.

Notice of suspension

77

(1) This rule applies where a relevant officer decides to impose a suspension on a cleric in accordance with sections 34 and 36 of the CCM.

(2) The relevant officer must give notice of the suspension to the cleric in the form set out in Form 10.

(3) The notice of suspension must—

(a) specify the grounds under section 34 (1) of the CCM on which the suspension is imposed,

(b) state that the suspension takes effect on the date of service of the notice,

(d) state that a further suspension may subsequently be imposed,

(e) state that the effect of a suspension is that the cleric is prohibited from carrying out any function of, or incidental to, the cleric’s office except in so far as the relevant officer has given permission,

(f) if the relevant officer gives permission at the time of imposing the suspension for the cleric to carry out a particular function, specify that function and the terms of the permission,

(g) state that a request from a cleric for permission to carry out a function (so far as it is not permitted on the terms specified in the notice under sub-paragraph (f)) must be made in writing to the relevant officer,

(h) state that carrying out a function of, or incidental to, the cleric’s office while suspended (without permission) constitutes misconduct under section 3 of the CCM, and

(i) state that the cleric may, before the end of 14 days beginning with the day after the service of the suspension notice, appeal against the decision to impose the suspension.

(4) If, after giving notice of the suspension, the relevant officer gives permission for the cleric to carry out a function of, or incidental to, the cleric’s office, the permission must be given in writing.

Record of decision on restriction order or suspension

78

(1) This rule applies if—

(a) at least one of the conditions in section 34 (1) of the CCM is met in relation to a cleric, and

(b) the relevant officer decides either to impose an order under section 34 (2) of the CCM or not to do so.

(2) The relevant officer must—

(a) record the decision in the form set out in Form 12, and

(b) retain a copy of that record for such period as the relevant officer considers appropriate.

(3) The record of the decision must include—

(a) the reasons for the decision, and

(b) if the relevant officer has consulted a person in accordance with section 35 (3) or 36 (3) of the CCM, a summary of the person’s advice.

(4) If the advice referred to in paragraph (3)(b) is given in writing, a copy of the advice must be included in or attached to the record of the decision.

Notice of revocation of restriction order or suspension

79

(1) This rule applies if a relevant officer revokes a restriction order or suspension under section 34 (3) of the CCM.

(2) The relevant officer must give notice of the revocation to the cleric in the form set out in Form 11a or 11b.

(3) The revocation takes effect on the date specified in the notice.

Service of notice under this Part

80

(1) This rule applies in relation to a notice under —

(a) rule 76 (notice of restriction order),

(b) rule 77 (notice of suspension), and

(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).

Provision of copies of notice under this Part

81

(1) This rule applies in relation to a notice under —

(a) rule 76 (notice of restriction order),

(b) rule 77 (notice of suspension), and

(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),

(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,

(d) the provincial registrars, and

(e) any other person whom the relevant officer considers appropriate.

Part 18 — THE ARCHBISHOPS’ LIST

Access to the list

82

(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,

(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).

Notice of inclusion in the list

83

(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

(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).

Protected convictions

84

(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[^f00005].

Appeal against particulars or inclusion in error

85

(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.

Part 19 — WORK IN OTHER CAPACITIES

Work in other capacities: complaints under the CCM, CDM or EJM

86

(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

Work in other capacities: findings in disciplinary proceedings etc

87

(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

(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

(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.

Power under rule 87: time limit

88

(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.

Review by President of Tribunals of penalty under rule 87

89

(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

(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.

Part 20 — APPEALS AND REVIEWS

Application for permission to appeal etc.

90

(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.

Determination of application for permission to appeal etc.

91

(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.

Application for permission to appeal etc out of time

92

(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

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