The Clergy Conduct Rules 2026

• (8) Section 53 (4) and (5) of the CCM and rule 91(6) and (7) apply to an application under this rule.

Striking out appeal or review

93

• (1) The appellate court may, on an application or on its own initiative, strike out an appeal or review if it is satisfied that the appeal is not being pursued with due expedition.

• (2) In this Part, the “appellate court” is whichever of the Arches Court of Canterbury or the Chancery Court of York is, in accordance with section 52 (5) of the CCM, hearing the appeal or review.

Absence of a party

94

Where a party to an appeal or review is absent from a hearing on the appeal or review, the Dean of the Arches and Auditor (and only the Dean) may proceed with the hearing only if satisfied that the absent party has been given written notice of the hearing.

Re-calling witnesses to give evidence before the appeal court

95

• (1) No witness who gave evidence on a complaint of misconduct may be called to give oral evidence at an appeal or review arising from the complaint without permission from the appellate court.

• (2) The respondent to a complaint of misconduct who is appealing against a finding of fact and proposes that a witness who gave evidence to the tribunal or court hearing the complaint should give oral evidence at the appeal must give the Investigation and Tribunals Team and the appellate court notice in writing of the intention to seek permission; and the notice must be given at least 14 days before the day set for the directions hearing.

• (3) A notice under paragraph (2) must—

• (a) specify the name of the witness in question, and

• (b) give the reasons why it is considered necessary for the witness to give evidence to the appellate court.

• (4) The appellate court may give permission under this rule only if it is satisfied that the evidence is necessary for the just disposal of the appeal or review.

New evidence

96

• (1) No evidence may be put before the appellate court which was not put before the tribunal or court on the complaint unless the Dean of the Arches and Auditor has given permission (but see paragraph (8)).

• (2) An application by the respondent to the complaint for permission under paragraph (1) must be made in accordance with rule 105; and the application must—

• (a) identify the new evidence,

• (b) explain why the evidence was not before the tribunal or court on the complaint, and

• (c) explain the relevance and importance of the new evidence in relation to the matters determined on the complaint and the issues raised in the appeal or review.

• (3) Where the application relates to evidence from a new witness, it must be accompanied by a copy of a statement by the witness; and the statement must—

• (a) set out the proposed evidence,

• (b) indicate which matters in the statement come from the witness’s own knowledge and which are matters of information or belief,

• (c) indicate the source of any matters of information or belief,

• (d) include a declaration that the witness believes that the contents of the statement are true, and

• (e) be signed and dated by the witness.

• (4) The applicant must give the other party a copy of the application and, if applicable, an accompanying witness statement.

• (5) Before determining an application under this rule, the Dean of the Arches and Auditor must give the other party at least 14 days within which to make written representations in response to the application; and the other party must give the applicant a copy of any such representations.

• (6) The Dean of the Arches and Auditor may determine an application under this rule with or without a hearing.

• (7) The Dean of the Arches and Auditor may permit evidence that was not before the tribunal or court on the complaint to be put before the appellate court only if satisfied—

• (a) that the evidence was not available and could not reasonably have been obtained for the hearing on the complaint,

• (b) that the evidence, if it had been before the tribunal or court on the complaint, could have had an important bearing on the determination of the matters before it, and

• (c) that the evidence appears to be credible.

• (8) In exceptional circumstances, the Dean of the Arches and Auditor may, instead of determining the application, refer it to the appellate court for determination; and the references in this rule to the Dean are to be read accordingly.

Production of documents by person not party to complaint

97

• (1) In the case of an appeal or review arising from a complaint of serious misconduct, the respondent to the complaint or the Investigation and Tribunals Team may apply for an order for the production of documents by a person who was not a party to the complaint.

• (2) The respondent may not apply for an order for the production of documents by the Investigation and Tribunals Team.

• (3) The application must be made to the Chair of the appellate court or to the Dean of the Arches and Auditor sitting alone.

• (4) The application must be made in accordance with rule 105.

• (5) The applicant must give a copy of the application to—

• (a) the Investigation and Tribunals Team or the respondent (as the case may be),

• (b) the complainant, and

• (c) if a relevant safeguarding professional was a party to the complaint, that party.

• (6) The Chair of the appellate court or the Dean of the Arches and Auditor may make an order on the application only if satisfied that the provision of documents specified or described in the application is relevant and necessary for dealing justly with the appeal or review.

• (7) Where an order is made under this rule, permission under rule 96 is to be treated as given for any documents produced in response to the order to be put before the appellate court.

• (8) Rules 39(8) and (9) and 40(1) and (2) (contempt of court etc.) apply to an order under this rule as they apply to an order under rule 39; and for that purpose, rule 40(1) and (2) has effect as if the references to the President of Tribunals were references to the Chair of the appellate court or the Dean of the Arches and Auditor.

Amendment or withdrawal

98

• (1) The appellate court may, on an application by the person bringing the appeal or review and after giving the other party an opportunity to respond to the application—

• (a) allow the appeal or application for review to be withdrawn, or

• (b) allow the notice of appeal to be amended.

• (2) The power under paragraph (1) is also exercisable by the Dean of the Arches and Auditor at any time before the hearing on the appeal or review begins.

• (3) The terms on which the power under paragraph (1)(b) may be exercised include adjourning or postponing the hearing.

Powers of appellate court etc.

99

• (1) The appellate court may—

• (a) confirm, reverse or vary a finding of the tribunal or court which heard the complaint,

• (b) refer a particular issue back to the tribunal or court for hearing and determination in accordance with such directions as the appellate court may give,

• (c) order the complaint to be reheard by the same or a differently constituted tribunal or court,

• (d) confirm or set aside a penalty imposed by the tribunal or court or replace it with any other penalty under the CCM, and

• (e) impose one or more penalties under the CCM if—

• (i) the tribunal or court did not impose a penalty, or

• (ii) when upholding an appeal on a question of law by the Investigation and Tribunals Team.

• (2) Parts 11 to 13 of these Rules (directions, evidence, hearings: general provision) apply to proceedings before the appellate court with such modifications as are necessary or appropriate.

Determination by majority

100

The determination by the appellate court on an appeal or review is to be made by a majority of its members.

Making an appeal or a request for review

101

• (1) This rule applies for the purposes of an appeal against a decision, or a request for a review of a decision, under rule 89 or section 50 or 51 of the CCM.

• (2) The appeal or request for review must be made before the end of 14 days beginning with the day after the decision is made.

• (3) The appeal or request for review must be made by notice in writing in the form set out in Form 14.

• (4) The notice must—

• (a) state the name, postal address, telephone number and email address of the person making the appeal or request,

• (b) if the person has a legal representative, state the legal representative’s name, postal address, telephone number and email address,

• (c) state the decision to which the appeal or request relates, and

• (d) specify the grounds for making the appeal or request for review.

• (5) The grounds on which an appeal or request for review may be made are that the decision to the which the appeal or review relates—

• (a) was based on an error of fact,

• (b) was wrong in law, or

• (c) was unreasonable.

• (6) A copy of the decision in respect of which the appeal or request is made must accompany the notice.

• (7) The notice must not include, or be accompanied by, any evidence that was not submitted for the purposes of the original decision.

Decisions on review

102

• (1) On a review under section 50 (1) of the CCM, the President of Tribunals may—

• (a) confirm the decision,

• (b) substitute for the decision a decision to allocate the complaint as one of—

• (i) misconduct (but not serious misconduct), or

• (ii) serious misconduct, or

• (c) remit the decision to the lead assessor for reconsideration with such directions (if any) as the President considers appropriate.

• (2) On a review under section 50 (2) of the CCM, the President of Tribunals may—

• (a) confirm the decision, or

• (b) reverse the decision.

• (3) If a decision is reversed under paragraph (2)(b), the President of Tribunals must remit the decision to the lead assessor to reconsider and make a decision under section 21 (1) (a), (b) or (c) of the CCM.

• (4) On a review under section 50 (3) of the CCM, the President of Tribunals may—

• (a) confirm, reverse or vary a finding of fact or recommendation,

• (b) remit the matter to the case assessor for reconsideration with such directions (if any) as the President considers appropriate, or

• (c) direct the lead assessor to appoint a different case assessor and remit the matter to that person for reconsideration with such directions (if any) as the President considers appropriate.

Restriction orders and suspensions: decisions on review or appeal

103

• (1) On an appeal under section 50 (4) or (5) of the CCM against a decision to impose a restriction order or suspension, the President of Tribunals or person hearing the appeal may—

• (a) confirm the decision,

• (b) reverse the decision, or

• (c) vary the terms of the restriction order or suspension.

• (2) On a review under section 50 (6) of the CCM of a decision not to impose a restriction order or suspension, the President of Tribunals may—

• (a) confirm the decision,

• (b) reverse the decision and, accordingly, impose a restriction order or suspension on the person to whom the decision relates, or

• (c) remit the decision to the relevant officer for reconsideration with such directions (if any) as the President considers appropriate.

Penalties: decisions on review

104

On a review of a decision to impose a penalty under rule 89 or section 50 (7) or 51 (1) of the CCM the President of Tribunals may—

• (a) confirm the penalty,

• (b) vary the penalty,

• (c) reverse the decision to impose the penalty, or

• (d) remit the decision to the person who imposed the penalty (or who would have power to impose the penalty at the time the decision is remitted) for reconsideration with such directions (if any) as the President considers appropriate.

Part 21 — APPLICATIONS: GENERAL PROVISION

Form and content of applications

105

• (1) An application that is required to be made in accordance with this rule must be made in writing in the form set out in Form 15.

• (2) The application must—

• (a) state the order, appointment, discharge, direction or relief sought by the applicant,

• (b) state the grounds for seeking the order, appointment, discharge, direction or relief, and

• (c) if required by the provision of the CCM or these Rules under which the application is made, include evidence in support of the application.

• (3) The application must be made as soon as reasonably practicable after the conditions for making the application are met.

• (4) If there is a delay in making the application, the application must specify the reasons for that delay.

• (5) The application may be signed and dated either by the applicant or by a legal representative acting for the applicant.

• (6) If the application is signed and dated by the applicant, it must be verified by a statement of truth made by the applicant.

• (7) If the application is signed and dated by a legal representative acting for the applicant, it must be verified by a statement by the legal representative to the effect that the representative is authorised by the applicant to sign the application.

• (8) The application must be given to the person who is specified in the provision of the CCM or these Rules as the person to whom the application may be made.

Notice of applications

106

• (1) This rule applies where an application is made under a provision of the CCM or these Rules, except where it is provided that the application must or may be made without notice to the other parties.

• (2) A copy of the application must be given to the parties or the other party to the complaint at the same time as it is given to the person referred to in rule 105(8).

Disposal of applications with a hearing

107

• (1) This rule applies where—

• (a) the President of Tribunals holds a hearing on an application in accordance with rule 4, or

• (b) the tribunal or court holds a hearing on an application.

• (2) Notice of the hearing must be given to the parties at least three days before the first day of the hearing.

• (3) If a party to a complaint fails to attend a hearing on an application relating to the complaint—

• (a) the President of Tribunals, or the tribunal or court hearing the application, may proceed to determine it in the party’s absence, and

• (b) if an order is made on that application, the President, tribunal or court may (on that person’s own initiative or on an application by a party) set aside the order and re-list the application for a further hearing.

Disposal of applications without a hearing

108

• (1) This rule applies where, on an application under the CCM or these Rules—

• (a) an order is made without a hearing being held, and

• (b) the parties to the complaint in respect of which the application is made, or other persons affected by the order, have not had an opportunity to make representations in relation to the application.

• (2) A party to the complaint, or a person affected by the order, may apply to the tribunal or court or to the President of Tribunals for the order to be set aside, varied or stayed.

• (3) An application under paragraph (2), in relation to an order, may only be made—

• (a) before the end of seven days beginning with the day after a copy of the order is given to the applicant under rule 110, or

• (b) within such longer period (if any) as is specified in the order.

Dismissal of vexatious etc applications

109

If, on an application for an order under the CCM or these Rules, the person to whom the application is made considers that it is vexatious or wholly without merit and dismisses it, the order dismissing the application must record that it was considered to be vexatious or totally without merit.

Copy of order made on an application

110

• (1) This rule applies if an order is made on an application under the CCM or these Rules.

• (2) A copy of the order must be given to —

• (a) the parties to the complaint to which the order relates, and

• (b) the other persons (if any) specified in the order.

Part 22 — SERVICE OF DOCUMENTS

Methods of service

111

• (1) A document required or authorised to be given to a person under the CCM or these Rules may be given by any of the following methods—

• (a) delivering it to, or leaving it at, the person’s proper address (see rule 112);

• (b) sending it by first class post, or by another delivery service which provides for delivery on the next business day, to the person’s proper address (see rule 112);

• (c) sending it by electronic means (but see paragraph (2) of this rule);

• (d) personal service;

• (e) such other manner as the President of Tribunals, the registrar of tribunals or if, in the case of a complaint of serious misconduct, the complaint has been referred to a tribunal or court, as the Chair of that tribunal or court may direct.

• (2) A document may not be given to a person by electronic means, or in a particular electronic form, if that person has stated in writing to the person authorised to send the document an unwillingness to be given a document by electronic means or in that particular electronic form.

• (3) Where a document is personally served, that fact must be proved by a certificate.

• (4) A reference in these Rules to a document being sent to a person is a reference to it being given to that person in accordance with paragraph (1)(a), (b) or (c).

Meaning of “proper address”

112

• (1) The proper address of a person, other than a person who comes within paragraph (2) or (3), is—

• (a) the person’s usual or last-known address, or

• (b) if the person has appointed a legal representative, the business address of that person.

• (2) The proper address of the President of Tribunals, or of the Investigation and Tribunals Team, is care of the Legal Office of the National Institutions of the Church of England.

• (3) The proper address of the Dean of the Arches and Auditor is the address of the provincial registry of the province concerned.

Timing of service

113

• (1) A document given to a person under the CCM or these Rules is to be treated as having been received by that person on the day specified in the following table—

Method of service	Date of receipt
Delivering document to or leaving it at proper address	If it is delivered to or left at that address on a business day before 4.30 p.m., that day; or, if not, the next business day after that day.
First class post, or other delivery service which provides for delivery on the next business day, to proper address	The second business day after the day on which the document was posted, or left with, delivered to or collected by the service provider, if that day is itself a business day; or, if not, the next business day after that day.
Electronic means	If the email or other electronic transmission is sent on a business day before 4.30 p.m., that day; or, if not, the next business day after it was sent.
Personal service	If the document is served personally before 4.30 p.m. on a business day, that day; or, if not, the next business day after that day.

• (2) In the table, “business day” means a day which is not a Saturday or Sunday and which is not Christmas Day, Maundy Thursday, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971[^f00006].

Part 23 — ROYAL PECULIARS

Application of CCM to Royal Peculiar clergy

114

Schedule 2 (which makes provision for the application of the CCM and these Rules to clergy holding office in Royal Peculiars) has effect.

Part 24 — MISCELLANEOUS

Time limits

115

• (1) The President of Tribunals may extend the duration of a period provided for under these Rules, or revive a period which has expired, unless the extension or revival would be inconsistent with a provision of the CCM.

• (2) Paragraph (1) does not affect the power of any other person to extend or revive a period under these Rules.

Recording and publication of decisions

116

Schedule 3 (which makes provision for the recording and publication of decisions under the CCM) has effect.

Reporting convictions etc.

117

Where a clerk in Holy Orders is required under section 55 (2) of the CCM to inform a bishop, archbishop or the President of Tribunals of an occurrence specified in section 55 (1) of the CCM, the information must be provided in writing.

Reporting divorce or separation order

118

Where a clerk in Holy Orders is required under section 56 (1) of the CCM to inform a bishop, archbishop or the President of Tribunals that a divorce order is made final or a judicial separation order is made, the information must be provided in writing.

Vexatious litigants: restraint orders

119

An application for an order under any of the following provisions of the CCM must be made in accordance with rule 105—

• (a) section 32 (1) (restraint order);

• (b) section 33 (4) (permission to make or proceed with complaint, application or request);

• (c) section 33 (5) (variation or discharge of a restraint order).

Excluded offences

120

• (1) The following provisions of the CCM do not apply in relation to excluded offences—

• (a) section 34 (restriction orders and suspensions: power to impose),

• (b) section 46 (conviction for offence etc: power to impose penalty etc), and

• (c) section 55 (conviction, arrest, caution etc).

• (2) In this rule, “excluded offence” means an offence under any of the following provisions—

• (a) section 72 of the Highway Act 1835[^f00007] (riding on footpaths etc.);

• (b) any provision of Part 6 of the Road Traffic Regulation Act 1984[^f00008] (speed limits);

• (c) the following provisions of the Road Traffic Act 1988[^f00009] —

• (i) section 14 (seat belts: adults);

• (ii) section 23 (carrying persons on motorcycles);

• (iii) section 24 (carrying persons on bicycles);

• (iv) section 29 (careless and inconsiderate cycling);

• (v) section 35 (compliance with traffic directions);

• (vi) section 36 (compliance with traffic signs);

• (vii) section 41A (breach of requirements as to brakes, steering-gear or tyres);

• (viii) section 47 (obligatory test certificates);

• (d) a provision specified in Schedule 3 to the Road Traffic Offenders Act 1988[^f00010] (fixed penalty offences).

• (3) An offence ceases to be an excluded offence if the person convicted of it is ordered to be disqualified from holding or obtaining a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.

Irregularities

121

• (1) An irregularity or error of procedure in proceedings under the CCM or these Rules does not invalidate any step taken in the proceedings unless—

• (a) the President, the registrar of tribunals or the Chair of the tribunal or court orders that the step is invalid on those grounds, or

• (b) on appeal, the Arches Court of Canterbury or the Chancery Court of York holds that the step is invalid on those grounds.

• (2) The President, the registrar of tribunals or the Chair of the tribunal or court may give directions to correct or waive the irregularity.

Word and page limits

122

• (1) In each form in Schedule 1 specified in the first column of the following table, the number of words used in the section of that form specified in the second column must not exceed 3000—

Form	Section (and subject matter)
2	9 (nature and detail of alleged conduct)
4	3 (response to complaint)
7	4 (grounds for appeal against deposition)
13	3 (Archbishops’ list: evidence for appeal)
A2	2 (grounds of appeal)
A3	5 (reasons why appeal not made in time)
14	3 (grounds for seeking appeal or review)
15	6 (information in support of application)

• (2) Where a Form in Schedule 1 allows attachments to be made to the Form, the number of pages attached must not exceed 25 pages of A4 size in a legible form.

• (3) Where the words used for the purposes of paragraph (1) include a link to a webpage, the number of words contained in the webpage count towards the word limit of 3000.

• (4) Where an attachment to a Form (referred to in paragraph (2)) includes a link to a webpage, the number of A4 pages which would be used if the webpage were to be printed in legible form counts towards the page limit of 25.

• (5) The President of Tribunals may disapply or increase the word limit under or the page limit under paragraph (1) or (2) if, on application made by the person to whom the limit applies, the President is satisfied that there are exceptional circumstances which justify doing so.

Schedule 1 — Forms

Schedule 2 — Royal Peculiars

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.

Schedule 3 — Recording and publication of decisions

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.

Signed

• David Walker — Morag Ellis KC — Christopher Angus — Ruth Arlow — Timothy Briden — Louise Connacher — Julie Dziegiel — Sandra McCalla — Luke Miller — Darren Oliver — Kate Wharton

These Rules were approved by the General Synod.

A.S. McGregor — Registrar of the General Synod — 11th July 2026

Explanatory note

(This note is not part of the Rules)

Explanatory Note

These Rules are made under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 and carry into effect provisions of the Clergy Conduct Measure 2026 (“the CCM”).

Rule 1 provides for these Rules to come into force immediately after the commencement of section 2 of the CCM (which creates the new jurisdiction for disciplinary matters). Rule 1 also introduces Schedule 1, which sets out all the Forms provided for in these Rules.

Rule 2 sets out the overriding objective of the Rules which is to enable complaints under the CCM to be dealt with justly.

Rule 3 requires parties to a complaint to co-operate with the tribunal or court hearing the complaint and anybody else with responsibilities under the CCM.

Rue 4 gives the President of Tribunals a general power to give directions and hold hearings.

Rule 5 enables the President of Tribunals to appoint a litigation friend for anyone who is a protected party (a child, for example).

Rule 6 enables the President of Tribunals to remove a litigation friend.

Rule 7 provides for what happens where a litigation friend is acting on a complaint but circumstances change (for example, the child in question becomes 18).

Rule 8 makes provision about the service or other delivery of documents to a litigation friend.

Rule 9 sets out the main information to include in a complaint form.

Rule 10 sets out additional information to include in a complaint form.

Rule 11 sets out the procedure for making a complaint about the exercise of a function imposed by the CCM or the Rules.

Rule 12 sets out the procedure for seeking permission to make a complaint out of time.

Rule 13 provides that, once a complaint is made, it is to be referred to the lead assessor on the panel of assessors.

Rule 14 sets out the procedure for allocating a complaint, according to whether it involves a grievance, misconduct that is not serious misconduct, or serious misconduct.

Rule 15 provides that, once a complaint is allocated, the parties must be notified.

Rule 16 introduces the provisions on the procedure for dealing with a grievance.

Rule 17 ensures that the parties to a grievance are provided with the Code of Practice produced by the Clergy Conduct Commission.

Rule 18 sets out the procedure for the respondent to a grievance to make a response.

Rule 19 enables the respondent to a grievance to withdraw an admission to a grievance if the President of Tribunals allows that.

Rule 20 sets out the procedure for deciding a grievance.

Rule 21 requires the creation of a “grievance record”, which includes the complaint form on the grievance, the response form and a record of the outcome.

Rule 22 sets out the procedure for the reallocation of a complaint.

Rule 23 introduces the provisions on the procedure for dealing with a complaint of misconduct which is not serious misconduct.

Rule 24 ensures that the parties to a complaint of misconduct are provided with the Code of Practice produced by the Clergy Conduct Commission.

Rule 25 sets out the procedure for the respondent to a complaint of misconduct to make a response.

Rule 26 enables the respondent to a complaint of misconduct to withdraw an admission to the complaint if the President of Tribunals allows that.

Rule 27 requires the case assessor on a complaint of misconduct to seek advice from the Investigation and Tribunals Team.

Rule 28 requires the case assessor, having completed an investigation into the complaint, to issue a report of the investigation.

Rule 29 sets out the procedure where the parties to the complaint reach an agreement under the conciliation process.

Rule 30 sets out the procedure for the reallocation of a complaint.

Rule 31 introduces the provisions on the procedure for dealing with a complaint of serious misconduct.

Rule 32 ensures that the parties to a complaint of serious misconduct are provided with the Code of Practice produced by the Clergy Conduct Commission.

Rule 33 sets out the procedure for the respondent to a complaint of serious misconduct to make a response.

Rule 34 enables the tribunal or court hearing a complaint of serious misconduct to make findings of fact based on admissions by the respondent.

Rule 35 enables the Investigation and Tribunals Team to apply for the tribunal or court for proceedings to be discontinued where the respondent has made partial admissions.

Rule 36 sets out the procedure for the respondent to withdraw an admission.

Rule 37 requires the Investigation and Tribunals Team, having completed an investigation into the complaint, to issue a report of the investigation.

Rule 38 sets out the procedure for parties to a complaint to make representations and the procedure for the President of Tribunals to make a decision.

Rule 39 sets out the procedure for requiring a person who is not a party to a complaint to produce documents which the court hearing the complaint thinks will be relevant.

Rule 40 provides that a person who fails to comply with an order under rule 39 faces the possibility of being held in contempt.

Rule 41 sets out the procedure for adding a safeguarding professional as a party to a complaint.

Rule 42 gives a safeguarding professional power to attend hearings and make written submissions about the appropriate penalty to impose.

Rule 43 requires the Chair of the tribunal or court to manage complaints actively by, for example, encouraging the parties to a complaint to co-operate.

Rule 44 gives the Chair of the tribunal or court some general case management powers, including power to adjourn a hearing or require a party to attend.

Rule 45 requires the registrar of tribunals to consult the Chair of the tribunal or court before taking steps on the proceedings on a complaint.

Rule 46 enables the Chair of the tribunal or court to exercise powers under these Rules on his or her own initiative.

Rule 47 enables the Chair of the tribunal or court to give directions for the conduct of the proceedings.

Rule 48 lists the matters on which directions may be given (for example, presentation of evidence).

Rule 49 sets out the requirements which witness statements must meet.

Rule 50 provides that, in general, a witness statement for proceedings on a complaint may not be used for other purposes.

Rule 51 sets out the procedure for using an expert report in proceedings on a complaint.

Rule 52 gives the Chair of the tribunal or court power to exclude evidence.

Rule 53 enables oral evidence to be given.

Rule 54 requires the tribunal or court to set a timetable for hearing a complaint and to decide whether it is to be in person, remote or hybrid.

Rule 55 sets out instances in which the respondent to a complaint is prohibited from cross-examining a witness in person.

Rule 56 enables the complainant to ask the registrar of tribunals to amend an allegation of misconduct.

Rule 57 sets out the limited cases in which the tribunal or court is entitled to sit in private.

Rule 58 enables the Chair of the tribunal or court to require a particular witness or expert to attend a hearing in person.

Rule 59 provides that, if a party to a complaint is absent from a hearing, the tribunal or court may not proceed unless satisfied that the party has been given written notice of the hearing.

Rule 60 enables the tribunal or court to exclude from a hearing a person who is, for example, being disruptive.

Rule 61 sets out the special measures that may be put in place where the ability of a party to participate in proceedings on a complaint by, for example, language difficulties or a mental health condition.

Rule 62 enables the tribunal or court on a complaint to order that the identity of a person involved in the proceedings is not to be published.

Rule 63 provides that proceedings on a complaint come to an automatic end if the respondent dies.

Rule 64 sets out what is to happen where the complainant dies or becomes incapacitated or is otherwise incapable of participating in the proceedings — for example, the complainant may be replaced by somebody else.

Rule 65 sets out the procedure for the complainant to withdraw a complaint.

Rule 66 enables the parties to a complaint to make representations before a penalty is imposed.

Rule 67 sets out circumstances in which the responsible bishop can be required to produce a written opinion on the appropriate penalty.

Rule 68 sets out the procedure for imposing a penalty in circumstances in which there has not been a complaint, including where a clerk in Holy Orders has been convicted of an offence.

Rule 69 requires the Chair of the tribunal or court on a complaint to make a public pronouncement of the decision.

Rule 70 provides for copies of decisions to impose penalties or administrative sanctions to be sent to the respondent and certain other persons.

Rule 71 sets out the procedure for giving a priest or deacon notice of an intended deposition.

Rule 72 sets out the procedure for a person to appeal against a notice under rule 71.

Rule 73 sets out the procedure for making a decision whether to depose a priest or deacon.

Rule 74 sets out the procedure for giving an archbishop or bishop notice of an intended deposition.

Rule 75 sets out the procedure for an archbishop or bishop to make representations in response to a notice under rule 74.

Rule 76 sets out the procedure for giving notice of a restriction order.

Rule 77 sets out the procedure for giving notice of a suspension.

Rule 78 sets out the procedure for recording the decision made on whether to make a restriction order or suspension.

Rule 79 sets out the procedure for giving notice of the revocation of a restriction order or suspension.

Rule 80 makes provision for serving or otherwise giving notice of a restriction order or suspension or of a revocation.

Rule 81 makes provision for certain persons to be given a copy of a notice of a restriction order or suspension or a revocation.

Rule 82 lists who is entitled to have access to the Archbishops’ list under section 58 of the CCM.

Rule 83 requires the archbishop to give notice to a person whose name is included on the list.

Rule 84 enables a clerk to appeal against the inclusion on the list of a conviction which has become protected under the Rehabilitation of Offenders Act 1974.

Rule 85 enables a clerk to appeal against the inclusion on the list of information that is incorrect.

Rule 86 provides that, where a finding of misconduct is made under the CCM or a predecessor Measure against a clerk who also works in another capacity (as a doctor or lawyer, for example), the finding of misconduct is to be notified to an appropriate person involved in that other work.

Rule 87 provides that, where a finding is made against a clerk in disciplinary proceedings relating to work that the clerk carries out in another capacity, that finding is to be notified to a senior member of clergy.

Rule 88 imposes a time limit of two years on the process under rule 87.