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STATUTORY INSTRUMENTS
2026 No. 882
ECCLESIASTICAL LAW, ENGLAND
The Clergy Conduct Rules 2026
Made - - - - 11th July 2026
Laid before Parliament 30th July 2026
Coming into force in accordance with rule 1(2)
The Rule Committee makes these Rules in exercise of the powers conferred by sections 83 and 94
of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018(1).
Part 1
INTRODUCTORY
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Clergy Conduct Rules 2026.
(2) These Rules come into force immediately after the commencement of section 2 of the Clergy
Conduct Measure 2026(2).
(3) In these Rules, the Clergy Conduct Measure 2026 is referred to as “the CCM”.
(4) A reference in these Rules to giving or sending a document to a person is to be read with rule
111.
(5) An expression used in these Rules and in the CCM has the same meaning in these Rules as
in the CCM.
(6) A reference in these Rules to a numbered Form is to the Form numbered as such
in Schedule 1.
(1) 2018 No. 3.
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Part 2
OVERRIDING OBJECTIVE
Overriding objective
2.—(1) The overriding objective of these Rules is to enable complaints to be dealt with justly.
(2) Dealing with a complaint justly includes, so far as practicable—
(a) ensuring that the parties are on an equal footing,
(b) ensuring that the parties and all relevant interested persons are kept informed of the
procedural progress of the complaint,
(c) saving expense,
(d) dealing with the complaint in a way that is fair to all relevant interested persons and
proportionate to the importance of the matter and the complexity of the issues, and
(e) ensuring that the complaint is dealt with expeditiously and fairly.
(3) A tribunal, court or person exercising a function under the CCM must seek to give effect to
the overriding objective—
(a) in exercising that function,
(b) in exercising any function conferred by these Rules, and
(c) in interpreting a provision of these Rules.
(4) A reference in this rule to a complaint includes a reference to an appeal or review arising
out of a complaint.
Duty to co-operate
3.—(1) Each party to a complaint, or to an appeal or review arising out of a complaint, must co-
operate with a tribunal, court or person exercising a function under the CCM or these Rules in order
to further the overriding objective.
(2) A failure to co-operate by a party to a complaint, or to an appeal or review arising out of a
complaint, may result in adverse inferences being drawn against that party at any stage.
(3) And a failure to co-operate by an appellant or by an applicant for a review may, in particular,
result in that party’s appeal or application being struck out.
Powers
4.—(1) Where an application, appeal or request under the CCM or these Rules is made to the
President of Tribunals, the President—
(a) may give directions for the just disposal of the application, appeal or request in accordance
with the overriding objective, and
(b) may hold a hearing.
(2) If the President decides to hold a hearing under paragraph (1)(b), the President must give
notice of the hearing—
(a) to each party, and
(b) to any other person whom the President considers appropriate.
(3) The President may, on the President’s own initiative, give directions for the just disposal of
an application, appeal or request in accordance with the overriding objective.
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(4) The President may make any order or take any other step for the purpose of managing a
complaint in accordance with the overriding objective.
Part 3
PROTECTED PARTIES
Litigation friend: appointment
5.—(1) The President of Tribunals may appoint a person under section 17 of the CCM as the
litigation friend for another person (referred to in this Part as “the protected party”) if the President
is satisfied that the person wishing to be so appointed—
(a) can fairly and competently conduct the proceedings on the complaint in question for the
protected party, and
(b) has no interest adverse to that of the protected party.
(2) An application for the appointment of a person under section 17 of the CCM as a litigation
friend must be made in accordance with rule 105.
(3) The application must be made by—
(a) the person who wishes to be appointed as the litigation friend, or
(b) a person who seeks the appointment of another person as a litigation friend for the
protected party.
(4) The application must be accompanied by a certificate of suitability given in writing in the
form set out in Form 1.
(5) The certificate in Form 1 must be signed and dated by the person who wishes to be appointed
as the litigation friend and must be verified by a statement of truth made by that person.
(6) The President of Tribunals may determine the application without a hearing.
(7) Having determined the application, the President must give written notice of the determination
to—
(a) the protected party, and
(b) the person wishing to be appointed.
(8) Where a person is appointed as a litigation friend after the complaint is made, the person
appointed must give a copy of the order making the appointment to—
(a) the respondent, and
(b) the responsible bishop.
(9) In the case of a complaint of serious misconduct which has been referred to a tribunal or
court, references in this Part to the President of Tribunals are to be read as references to the Chair
of that tribunal or court.
Litigation friend: removal
6.—(1) The President of Tribunals may by order—
(a) direct that a person may not act as a litigation friend,
(b) terminate the appointment of a litigation friend. or
(c) appoint a new litigation friend to replace an existing one.
(2) An application for an order under this rule—
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(a) must be made in accordance with rule 105, and
(b) must be supported by evidence.
(3) A person may not be appointed under paragraph (1)(c) unless the President of Tribunals is
satisfied that the person meets the conditions set out in rule 5(1)(a) or (b).
Litigation friend: change of circumstances
7.—(1) Where a child for whom a litigation friend is acting on a complaint reaches the age of 18
before the complaint has been concluded, the appointment of the litigation friend continues unless
and until the order of appointment is discharged (see paragraph (3)).
(2) Where a person who lacks capacity to make a complaint or to participate in proceedings on
the complaint and for whom a litigation friend is acting ceases to lack capacity before the complaint
has been concluded, the appointment of the litigation friend continues unless and until the order of
appointment is discharged (see paragraph (3)).
(3) In a case within paragraph (1) or (2), the protected party or the litigation friend may apply to
the President of Tribunals for the discharge of the order of appointment of the litigation friend.
(4) An application under paragraph (3)—
(a) must be made in accordance with rule 105, and
(b) must be supported by evidence.
(5) Where a person appointed as a litigation friend on a complaint dies before the complaint
has been concluded, the proceedings on the complaint are stayed until the President of Tribunals
appoints a new litigation friend.
(6) Where the complainant or the respondent loses capacity to participate in proceedings on the
complaint, no step may be taken in the proceedings until a litigation friend is appointed for the person
unless, pending the appointment, the President of Tribunals gives permission for that step to be taken.
Service on litigation friend
8.—(1) T his rule applies in relation to a document that is required or authorised to be given to
a protected person under the CCM or these Rules.
(2) The document—
(a) must, if it is given, be given to the protected person’s litigation friend, and
(b) may also be given to the protected person.
(3) If a document is given to the protected person’s litigation friend under paragraph (2)(a), it is
treated for the purposes of the CCM and these Rules as being given to the protected person (whether
or not it is also given to the protected person).
Part 4
MAKING A COMPLAINT
Complaint form: main information
9.—(1) A complaint must be made in writing in the form set out in Form 2.
(2) The complaint form must specify—
(a) the responsible bishop,
(b) the complainant’s full name, postal address, telephone number and email address,
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(c) the name of the person against whom the complaint is made and (if the complainant knows
it) the office or other position currently held by that person,
(d) the basis on which the complainant has a proper interest in the complaint (see section 15
of the CCM),
(e) in summary form, the nature and details of the alleged conduct,
(f) the date on which, or the period within which, the alleged conduct took place,
(g) the relevant events in chronological sequence,
(h) an indication of whether, in the complainant’s view, the complaint amounts to a grievance,
misconduct or serious misconduct, and
(i) if the complainant’s view is that the complaint amounts to a grievance, an indication of
the resolution sought.
(3) If the complaint is made after the end of the limitation period under section 19(2) of the CCM
(where that period is applicable), the complaint form must also give the reasons why the complaint
was not made before the end of that period.
(4) The complainant may attach to the complaint form documents that are relevant to the
complaint.
(5) The complaint form must be signed and dated by the complainant and must be verified by
a statement of truth made by the complainant.
Complaint form: additional information
10.—(1) If the complainant is a person who has a proper interest in the complaint by virtue of
a nomination under section 15(2)(a)(ii), (4)(a) or (5)(a) of the CCM (nomination by a PCC or the
bishop’s council of a diocese), the complaint form must be accompanied by a copy of the resolution
making the nomination.
(2) If the complainant is an archdeacon who has a proper interest in the complaint by virtue of
a nomination under section 15(6) of the CCM, the complaint form must be accompanied by a copy
of the instrument making the nomination.
(3) If the complainant is a person appointed by the President of Tribunals as a litigation friend
under section 17 of the CCM, the complaint form must be accompanied by a copy of the order of
the President making the appointment.
(4) If the complainant is a person who is subject to a restraint order under section 32 of the CCM,
the complaint form must be accompanied by a copy of the permission given by the President of
Tribunals under section 32(2)(a) or (b) of the CCM.
Complaint about exercise of function conferred by or under the CCM
11.—(1) T his rule applies to an application to the President of Tribunals under section 16(10)
of the CCM for permission to make a complaint about the exercise of a function conferred by or
under the CCM.
(2) The application must be made in accordance with rule 105.
(3) A copy of the application must be given to the person who would be the respondent to the
complaint if the application for permission under section 16(10) of the CCM were to be granted
(“the would-be respondent”).
(4) The President of Tribunals may determine the application without a hearing.
(5) Before determining the application, the President may request representations from the would-
be respondent on the application.
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(6) If the President exercises the power under paragraph (5), the President must inform the would-
be respondent of the right to make written representations on the application; and representations on
the application must be made before the end of 14 days beginning with the day after the President
makes the request.
Permission to make complaint out of time
12.—(1) Before deciding whether to give permission under section 21(1)(e)(ii) of the CCM
(permission to bring complaint after end of limitation period) for a complaint of misconduct (but not
serious misconduct) to proceed, the lead assessor must—
(a) send the complaint form to the respondent (see rule 9 on the complaint form), and
(b) give the respondent an opportunity to make written representations on the reasons given
in the complaint form for why the complaint was not made before the end of the limitation
period.
(2) Representations under paragraph (1) must be made before the end of 14 days beginning with
the day after the respondent receives the complaint form under that paragraph.
(3) If the respondent makes representations under paragraph (1), the lead assessor may—
(a) send those representations to the complainant, and
(b) give the complainant an opportunity to make written representations on those
representations.
(4) Representations under paragraph (3)(b) must be made before the end of 14 days beginning
with the day after the complainant receives the respondent’s representations.
(5) The lead assessor’s decision whether to give permission under section 21(1)(e)(ii) of the CCM
must be made before the end of 14 days beginning with—
(a) if the complainant makes representations under paragraph (3)(b) before the end of the 14-
day period under paragraph (4), the day after the lead assessor receives them;
(b) if the complainant is given an opportunity to make representations under paragraph (3)(b)
but the lead assessor does not receive any from the complainant before the end of the 14-
day period under paragraph (4), the day after the end of that period;
(c) if the complainant is not given an opportunity to make representations
under paragraph (3)(b), the day after the lead assessor decides not to give the complainant
an opportunity to do so.
(6) If the complaint form on a complaint made after the end of the limitation period does not
give any reasons for why the complaint was not made before the end of that period, and the lead
assessor would (if the complaint had been made before the end of that period) have allocated it as a
complaint of misconduct (but not serious misconduct), the lead assessor must return the complaint
form to the complainant with a direction to the complainant to give reasons for why the complaint
was not made before the end of the limitation period.
(7) Reasons under paragraph (6) must be given before the end of seven days beginning with the
day after the complainant receives the form and direction under that paragraph.
(8) Where reasons are given under paragraph (6), paragraphs (1) to (5) apply in relation to the
complaint.
(9) The lead assessor may extend the 14-day period referred to in paragraph (2), (4) or (5) or,
if the period has come to an end, the lead assessor may revive the period; but, in doing either of
those things, the lead assessor must be satisfied that doing so is necessary, having had due regard
to the overriding objective.
(10) Where the lead assessor acts under paragraph (9), the provisions of this rule are to be read
accordingly.
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Part 5
REFERRALS AND ALLOCATION
Referral of a complaint
13.—(1) The responsible bishop or the President of Tribunals, having received a complaint, must
make the referral under section 20(1)(a) of the CCM, and any referral required under section 20(2) or
(3) of the CCM, before the end of five days beginning with the day after the complaint was received.
(2) Where there is more than one lead assessor on the panel of assessors, the question of which of
them to make the referral to under section 20(1)(a) of the CCM is to be determined by the responsible
bishop or, where the complaint is against an archbishop, the President of Tribunals, having taken
into account the availability of each of the lead assessors.
(3) The information which the responsible bishop or President of Tribunals must give for the
purposes of section 20(9) of the CCM when referring a complaint is a factual summary of any
previous complaint made against the respondent under the CDM, the EJM or the CCM and the
outcome of that complaint.
Allocation of complaint
14.—(1) A lead assessor, having had a complaint referred under section 20 of the CCM, must
decide what action to take under section 21(1) of the CCM; and the decision must be made before
the end of 14 days beginning with the day after the lead assessor receives the referral.
(2) Where the lead assessor requires clarification of a matter in order to be able to make that
decision, the lead assessor may seek that clarification from the complainant before making the
decision.
(3) The lead assessor, having made the decision, must record the decision in the form set out
in Form 3.
(4) If the lead assessor sought and received clarification under paragraph (2), the record of the
decision must specify the matter and the clarification.
(5) If the lead assessor makes the decision under section 21(1)(b) of the CCM (allocation as
misconduct but not serious misconduct), the appointment under section 22(4) of the CCM of a case
assessor must also be made before the end of the 14-day period referred to in paragraph (1); and the
record of the decision must specify the name of the case assessor appointed.
(6) If the lead assessor makes the decision under section 21(1)(d) or (e)(i) of the CCM (dismissal
where complaint vexatious or without merit or out of time) or under section 21(1)(e)(ii) of the CCM
(permission for out of time complaint to proceed), the record of the decision must specify the reasons
for the decision.
(7) The notification to the responsible bishop under section 21(4) of the CCM must be
accompanied by a copy of the record of the decision and must be made before the end of five days
beginning with the day after the lead assessor made the decision under section 21(1) of the CCM.
(8) The lead assessor may extend the 14-day period referred to in paragraph (1) or, if the period
has come to an end, the lead assessor may revive the period; but, in doing either of those things, the
lead assessor must be satisfied that doing so is necessary, having had due regard to the overriding
objective.
(9) Where the lead assessor acts under paragraph (8), the provisions of this rule are to be read
accordingly.
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(10) Where a complaint includes more than one allegation and the lead assessor thinks that the
allegations, if each made in a separate complaint, would be allocated differently under section 21(1)
of the CCM, the lead assessor must allocate the complaint—
(a) if the allegations include an allegation which the lead assessor thinks would be allocated
as serious misconduct, as a complaint of serious misconduct, or
(b) if the allegations do not include an allegation of the kind referred to in sub-paragraph (a),
as a complaint of misconduct (but not serious misconduct).
Action after allocation of complaint
15.—(1) The responsible bishop, having received a notification under section 21(4) of the CCM,
must notify each party to the complaint of the lead assessor’s decision.
(2) The notification required by paragraph (1) (the “decision notice”) must be given—
(a) in writing, and
(b) before the end of the five days beginning with the day after the notification under
section 21(4) of the CCM is received.
(3) Where section 22(2) of the CCM applies (allocation as grievance: appointment of designated
person), the decision notice must also include the name of the designated person.
(4) Where section 22(4) of the CCM applies (allocation as misconduct: appointment of case
assessor), the decision notice must include the name of the case assessor appointed.
(5) Where section 22(5) of the CCM applies (allocation as serious misconduct: referral to
Investigation and Tribunals Team), the referral to the Investigation and Tribunals Team must be
made when the decision notice is given.
(6) The decision must be accompanied by—
(a) a copy of the complaint form in Form 2, and
(b) a copy of the lead assessor’s decision in Form 3.
Part 6
GRIEVANCE
Application of this Part
16.—(1) T his Part applies where a complaint is allocated under section 21(1)(a) or 24(7)(b) of
the CCM as a grievance.
(2) But this Part ceases to apply in relation to a complaint if, on a referral under section 23(3) of
the CCM, the lead assessor re-allocates the complaint as one of misconduct (whether or not serious
misconduct).
Provision of Code of Practice
17.—(1) The designated person in relation to the complaint must, before the end of seven days
beginning with the day after the person was appointed under section 22(2) of the CCM, provide a
copy of the Code of Practice to each party to the complaint.
(2) The Code of Practice may be provided by way of an electronic link.
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Response to a grievance
18.—(1) A response to the complaint must be provided by the person against whom it is made
in the form set out in Form 4.
(2) The response must be provided to the designated person before—
(a) the end of 14 days beginning with the day after the respondent received the complaint, or
(b) if the designated person notifies the respondent of a different period for a response
(whether longer or shorter than the 14-day period), the end of that different period.
(3) The response must —
(a) state whether or not the respondent admits, in whole or in part, the complaint,
(b) if no admission is made, include a response to the complaint,
(c) if a partial admission is made—
(i)specify each part of the complaint that is not admitted, and
(ii)include a response to each of those parts, and
(d) if a full or partial admission is made, include a proposal for resolving the complaint.
(4) The response must be signed and dated by the respondent and must be verified by a statement
of truth made by the respondent.
(5) If the respondent fails to provide a response in the period provided for by paragraph (2), the
designated person must proceed to deal with the complaint despite that failure.
Withdrawal of admission
19.—(1) The respondent may withdraw an admission made in accordance with rule 18 if
permitted to do so by the President of Tribunals.
(2) An application to withdraw an admission must be made in accordance with rule 105.
Decision on a grievance
20.—(1) The designated person must, after receipt of the response under rule 18 or, if no response
is received, after the expiry of the period provided for by rule 18(2), decide whether the complaint
is—
(a) upheld in full,
(b) upheld in part, or
(c) dismissed.
(2) As soon as reasonably practicable after making a decision under this rule, the designated
person must—
(a) record the outcome of the complaint in the form set out in Form 5, and
(b) give a copy of Form 5 to the parties to the complaint.
(3) The record of the outcome of the complaint must include—
(a) a summary of the grievance and the issues in respect of which the designated person made
a decision,
(b) a summary of the information relied on for the purposes of that decision,
(c) a statement of whether the grievance was upheld in full, upheld in part or dismissed,
(d) if the grievance is wholly or partly resolved, specify the steps taken to resolve it, and
(e) if the grievance is not wholly resolved, state that fact.
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Grievance record
21.—(1) The designated person must create a record (a “grievance record”) consisting of—
(a) the complaint form,
(b) the response form (if there is one),
(c) the record of the outcome, and
(d) any other documents relevant to the decision on the grievance (including, in particular,
correspondence and minutes of meetings).
(2) The designated person must provide a copy of the grievance record to the responsible bishop
in relation to the complaint.
(3) The responsible bishop must place the grievance record on the file, commonly known as the
“clergy file”, which the responsible bishop maintains for the clerk in Holy Orders and which records
the clerk’s work history, training, duties and performance.
Reallocation
22.—(1) Where a referral is made under section 23(3) of the CCM by the designated person
(referral and recommendation for reallocation), the decision of the lead assessor on what to do under
section 23(4) of the CCM must be made before the end of five days beginning with the day after
the lead assessor receives the referral.
(2) The lead assessor, having made that decision, must, before the end of three days beginning
with the day after that decision was made, inform—
(a) the parties to the complaint, and
(b) the responsible bishop or, if the complaint is against an archbishop, the President of
Tribunals.
Part 7
COMPLAINT OF MISCONDUCT
Application of this Part
23. This Part applies where a complaint is allocated under section 21(1)(b) or 23(4)(b) of the
CCM as a complaint of misconduct (but not serious misconduct).
Provision of Code of Practice
24.—(1) The case assessor in relation to the complaint must, before the end of seven days
beginning with the day after the person was appointed under section 22(4) of the CCM, provide a
copy of the Code of Practice to each party to the complaint.
(2) The Code of Practice may be provided by way of an electronic link.
Response to a complaint of misconduct (but not serious misconduct)
25.—(1) A response to the complaint must be provided by the person against whom it is made
in the form set out in Form 4.
(2) The response must be provided to the case assessor before—
(a) the end of 14 days beginning with the day after the respondent received the complaint, or
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(b) if the case assessor notifies the respondent of a different period for a response (whether
longer or shorter than the 14-day period), the end of that different period.
(3) The response must—
(a) state whether or not the respondent admits, in whole or in part, the complaint,
(b) if no admission is made, include a response to the complaint,
(c) if a partial admission is made—
(i)specify each part of the complaint that is not admitted, and
(ii)include a response to each of those parts.
(4) The response must be signed and dated by the respondent and must be verified by a statement
of truth made by the respondent.
(5) If the respondent fails to provide a response in the period provided for by paragraph (2), the
case assessor must proceed to deal with the complaint despite that failure.
Withdrawal of admission
26.—(1) T his rule applies if a response under rule 25 includes an admission.
(2) The respondent may withdraw the admission if permitted to do so by the President of
Tribunals.
(3) An application to withdraw the admission must be made in accordance with rule 105.
Advice from the Investigation and Tribunals Team
27. The case assessor must seek advice from the Investigation and Tribunals Team if, during the
investigation under section 24 of the CCM—
(a) a question of law arises, or
(b) a question arises on the interpretation of a provision of a code of practice issued under
section 5A of the Safeguarding and Clergy Discipline Measure 2016(3).
Report
28.—(1) The case assessor must complete the investigation and issue the report under
section 25(2) of the CCM before—
(a) the end of four months beginning with the day after the case assessor is appointed, or
(b) the end of such longer period as the President of Tribunals may direct on the application
of the case assessor.
(2) An application under paragraph (1)(b) must be made in accordance with rule 105.
Conciliation
29.—(1) T his rule applies where the parties reach an agreement under section 26(1) of the CCM
(agreement to refer complaint of misconduct for conciliation).
(2) The period within which representations may be made under section 26(2)(a) of the CCM
(who to appoint as conciliator) is 14 days beginning with the day after the opportunity to make those
representations is given.
(3) 2016 No. 1. Section 5A was inserted by section 1(1) of the Safeguarding (Code of Practice) Measure 2021 (No. 3).
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(3) The responsible bishop or the President of Tribunals must, when giving each of the parties
that opportunity to make representations, propose names of potential conciliators with details of their
suitability, experience and qualifications for appointment.
(4) When making the appointment under section 26(2)(b) of the CCM, the responsible bishop or
the President of Tribunals must provide the person appointed with a copy of each of the following—
(a) the complaint form,
(b) the respondent’s response (if there is one), and
(c) the evidence in support of each.
(5) If, following the appointment of the conciliator, the parties agree that a conciliation has been
reached—
(a) the agreement in the form in which it is to be recorded under section 26(4) of the CCM
must be signed by the parties to the complaint, and
(b) the conciliator must give a copy of the signed agreement to the responsible bishop or, if
the complaint is against an archbishop, the President of Tribunals.
Reallocation
30.—(1) Where a referral is made under section 24(6) of the CCM by the case assessor (referral
and recommendation for reallocation), the decision of the lead assessor on what to do under
section 24(7) of the CCM must be made before the end of five days beginning with the day after
the lead assessor receives the referral.
(2) The lead assessor, having made that decision, must, before the end of three days beginning
with the day after that decision was made, inform—
(a) the parties to the complaint, and
(b) the responsible bishop or, if the complaint is against an archbishop, the President of
Tribunals.
Part 8
COMPLAINT OF SERIOUS MISCONDUCT
Application of this Part
31. This Part applies where a complaint is allocated under section 21(1)(c), 23(4)(c) or 24(7)(c)
of the CCM as a complaint of serious misconduct.
Provision of Code of Practice
32.—(1) The Investigation and Tribunals Team must, before the end of seven days beginning
with the day after the complaint is referred to the Team under section 22(5) of the CCM, provide a
copy of the Code of Practice to each party to the complaint.
(2) The Code of Practice may be provided by way of an electronic link.
Response to a complaint of serious misconduct
33.—(1) A response to the complaint must be provided by the person against whom it is made
in the form set out in Form 4.
(2) The response must be provided to the Investigation and Tribunals Team before—
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(a) the end of 14 days beginning with the day after the respondent received the complaint, or
(b) if the Investigation and Tribunals Team notifies the respondent of a different period for
a response (whether longer or shorter than the 14-day period), the end of that different
period.
(3) The response must—
(a) state whether or not the respondent admits, in whole or in part, the complaint,
(b) if no admission is made, include a response to the complaint, or
(c) if a partial admission is made—
(i)specify each part of the complaint that is not admitted, and
(ii)include a response to each of those parts.
(4) The response must be signed and dated by the respondent and must be verified by a statement
of truth made by the respondent.
(5) If the respondent fails to provide a response in the period provided for by paragraph (2), the
Investigation and Tribunals Team must proceed to deal with the complaint despite that failure.
Findings on the basis of admissions
34. If a response under rule 33 includes an admission, the tribunal or court may make a finding
of misconduct (either serious misconduct or other misconduct), or a finding of fact, on the basis of
the admission (without considering any further evidence).
Partial admissions
35.—(1) T his rule applies if the respondent makes a partial admission to the misconduct alleged
in the complaint (whether in a response under rule 33 or subsequently in the proceedings).
(2) The Investigation and Tribunals Team may make an application to the Chair of the tribunal
or court to discontinue proceedings in respect of the complaint (including the parts of the complaint
in respect of which no admission is made).
(3) Before making an application under paragraph (2), the Investigation and Tribunals Team must
consult the complainant.
(4) An application under paragraph (2) must be made in accordance with rule 105.
Withdrawal of admission
36.—(1) T his rule applies where the response under rule 33 includes a full or partial admission.
(2) The respondent may withdraw the admission if permitted to do so by—
(a) if the application is made before the complaint has been referred to the tribunal or court,
the President of Tribunals, or
(b) in any other case, the Chair of the tribunal or court.
(3) An application to withdraw the admission must be made in accordance with rule 105.
Report
37.—(1) The Investigation and Tribunals Team must complete the investigation and make the
report to the President of Tribunals under section 27(2)(b) of the CCM—
(a) before the end of five months beginning with the day after the case is referred to the
Investigation and Tribunals Team, or
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(b) such longer period as the President of Tribunals may direct on the application of the
Investigation and Tribunals Team.
(2) An application under paragraph (1)(b) must be made in accordance with rule 105.
Representations and decision
38.—(1) Written representations (if any) made by a party to the complaint under section 27(4)
of the CCM must be made before the end of the representation period.
(2) The “representation period”, in relation to a report, is the period of 14 days beginning with
the day after the report is given to the party under section 27(4) of the CCM.
(3) The decision of the President of Tribunals on what to do under section 27(5) of the CCM
must be made before the end of 28 days beginning with the day after the representation period ends.
(4) The President of Tribunals must give a copy of the written record of the decision on what to
do under section 27(5) of the CCM to—
(a) each party to the complaint,
(b) the responsible bishop in relation to the complaint (unless the complaint is against an
archbishop), and
(c) the Investigation and Tribunals Team.
(5) Where the President of Tribunals makes the determination under section 27(9) of the CCM
(referral to lead assessor of complaint of misconduct but not serious misconduct), that determination
counts as the President’s decision for the purposes of section 27(5) of the CCM.
Order for production of documents by person not party to complaint
39.—(1) T his rule applies where a complaint is allocated as one of serious misconduct under
section 21(1)(c), 23(4)(c) or 27(4)(c) of the CCM.
(2) The Investigation and Tribunals Team or the respondent may apply for an order for production
of documents by a person who is not a party to the complaint.
(3) But the respondent may not apply for an order for the production of documents by the
Investigation and Tribunals Team.
(4) The application may be made at any time after the complaint to which it relates has been made.
(5) The application must be made —
(a) if the complaint has been referred to a bishop’s disciplinary tribunal or the Vicar-General’s
court under section 27(5) of the CCM, to the Chair of the tribunal or court, and
(b) in any other case, to the President of Tribunals.
(6) The application—
(a) must be made in accordance with rule 105, and
(b) may be made without notice being given to any person (but, where the application is made
under paragraph (5)(b), the President may direct under rule 4 that written notice of the
application must be given to specified persons).
(7) The President or Chair may make an order on the application only if satisfied that the
production of documents specified or described in the application is relevant and necessary for
dealing fairly with the complaint.
(8) The order must specify or describe the documents or the classes of document which the person
to whom the order is directed must produce.
(9) The order must state that—
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(a) the person to whom the order is directed must obey the order,
(b) failure to do so may be a contempt, and
(c) if the order is not obeyed, the person to whom it is directed may be liable to imprisonment
or a fine or both.
(10) Where an order under this rule is made without reasonable notice of the application having
been given to the person to whom the order is directed, that person may apply to the President or
Chair for discharge or variation of the order within the period specified in the order.
(11) The period specified in the order under paragraph (10) must be at least 14 days beginning
with the day after the order is made.
Failure to comply with an order under rule 39
40.—(1) If the person to whom an order under rule 39 is directed fails to comply with the order
without reasonable excuse and would, as a result, be in contempt of the President if the President had
power to commit for contempt, the President may send the High Court a signed certificate stating
the failure to comply.
(2) The High Court may—
(a) on receiving a certificate under paragraph (1), inquire into the alleged failure to comply,
and
(b) after hearing any witness for or against the person to whom the order is directed and any
statement in defence, exercise the same jurisdiction and powers as if the person were guilty
of contempt of the High Court.
(3) If the complaint to which the order relates has been referred to a tribunal or court under
section 27(5) of the CCM, paragraphs (1) and (2) apply as if the references to the President of
Tribunals were a reference to the tribunal or court (in so far as section 62 of the CCM would not
otherwise apply to the failure to comply).
Part 9
SAFEGUARDING ISSUES DURING INVESTIGATION
Addition of safeguarding professional as party to complaint
41.—(1) On an application under section 28(1)(b) of the CCM, the President of Tribunals may,
if satisfied that an issue relating to the safeguarding of a child or vulnerable adult arises, order that
the relevant safeguarding professional is to become a party to the complaint.
(2) The application—
(a) must be made in accordance with rule 105,
(b) must be accompanied by a copy of every document in the applicant’s possession which
relates to the complaint, and
(c) 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).
(3) In these Rules, “relevant safeguarding professional” means—
(a) a diocesan safeguarding officer,
(b) the national director of safeguarding, or
(c) a member of the national safeguarding team.
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Role of safeguarding officer, director or professional
42.—(1) T his rule applies where a relevant safeguarding professional is a party to a complaint,
including where that person becomes a party in accordance with section 20(4) or (5) of the CCM
or an order made under rule 41.
(2) The relevant safeguarding professional—
(a) may attend any meeting or hearing in relation to the complaint (subject to the power to
exclude persons from the hearing under rule 60);
(b) at the invitation of the Chair of the tribunal or court, may make written submissions in
relation to a penalty for the misconduct to which the complaint relates, by reference to the
safeguarding of children and vulnerable adults.
(3) The President of Tribunals must secure, or must give directions for securing, that the relevant
safeguarding professional is provided with—
(a) a copy of every notice or other document given or application made in relation to the
complaint before the relevant safeguarding professional became a party, and
(b) if any of the copy documents accompanying the application under rule 41(2)(b) does not
come within sub-paragraph (a) of this paragraph, a copy of that document.
Part 10
CASE MANAGEMENT
Duty to manage cases
43.—(1) The Chair of the tribunal or court to which a complaint of serious misconduct is referred
(referred to in this Part as “the Chair”) must further the overriding objective by actively managing
the proceedings on the complaint.
(2) Active management of proceedings includes—
(a) encouraging the parties to, and any other persons concerned in, the proceedings to co-
operate with each other—
(i)in the conduct of the proceedings, and
(ii)in resolving, as far as possible, matters that are in dispute between them,
(b) identifying the issues at an early stage,
(c) deciding which issues are to be resolved,
(d) deciding promptly whether any, and if so which, issues require a full hearing in person
and, accordingly, disposing of other issues summarily or on consideration of written
representations,
(e) setting timetables or otherwise controlling the progress of the proceedings,
(f) considering whether the likely benefits of taking a particular step justify the cost of taking
it,
(g) dealing with as many aspects of the complaint as the tribunal or court can on the same
occasion,
(h) dealing with the complaint in a way that minimises the need for parties to attend the
tribunal or court in person,
(i) making effective use of technology, and
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(j) giving directions to ensure that the resolution of a complaint proceeds quickly and
efficiently.
General powers
44.—(1) The powers conferred by this rule are in addition to the Chair’s other powers.
(2) The Chair may, except where these Rules provide otherwise—
(a) extend or shorten the time for compliance with a requirement of, or of an order made
under, the CCM or these Rules (even if an application for extension is made after the time
for compliance with the requirement has expired);
(b) give permission to a party to amend on such terms as the Chair considers just a document
relating to the proceedings on the complaint;
(c) adjourn or bring forward a hearing;
(d) require a party or a party’s legal representative to attend a hearing;
(e) hold a hearing and receive evidence by telephone, video link or any other method of direct
oral communication;
(f) direct that part of the proceedings may be dealt with as separate proceedings;
(g) stay the whole or part of the proceedings or judgment either generally or until a specified
date or event;
(h) consolidate the proceedings with other proceedings on a complaint of serious misconduct;
(i) hear two or more sets of proceedings on the same occasion;
(j) direct a separate hearing of an issue;
(k) decide the order in which issues are dealt with;
(l) exclude an issue from consideration;
(m) dismiss or give judgment on proceedings after a decision on a preliminary issue;
(n) take any other step, or make any other order, for the purpose of managing the proceedings
in accordance with the overriding objective.
(3) Where the tribunal or court makes an order, the order may—
(a) impose conditions;
(b) specify the consequences of failure to comply with the order.
(4) A power under these Rules to make an order includes a power to vary or revoke the order.
(5) The power under paragraph (2)(a) may be exercised by the registrar of tribunals.
Duty of registrar to consult Chair
45. Before taking a step in relation to proceedings on a complaint of serious misconduct, the
registrar of tribunals must consult the Chair; and the Chair may take the step instead of the registrar.
Power of Chair to act on own initiative
46.—(1) The Chair may, except where a provision of these Rules or another enactment provides
otherwise, exercise powers under these Rules on the Chair’s own initiative (as well as on an
application).
(2) Where the Chair proposes to make an order on the Chair’s own initiative, the Chair—
(a) may give any person likely to be affected by the order an opportunity to make
representations, and
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(b) where the Chair does so, must also specify the time by which, and the manner in which,
the representations may be made.
(3) Where the Chair wishes to hold a hearing to decide whether to make an order on the Chair’s
own initiative, the Chair must give each party to the complaint at least three days’ written notice
of the hearing.
(4) The Chair may make an order on the Chair’s own initiative without hearing the parties to the
complaint or giving them an opportunity to make representations.
(5) Where the Chair makes an order on the Chair’s own initiative—
(a) a person affected by the order may apply to have it set aside, varied or stayed, and
(b) the order must include a statement of the right to make an application under sub-
paragraph (a).
(6) An application under paragraph (5)(a) must be made in accordance with rule 105.
(7) The application must be made—
(a) within such period as the Chair may specify, or
(b) if the Chair does not specify a period, before the end of seven days beginning with the
day after the order to which the application relates was served on the person making the
application.
Part 11
DIRECTIONS
Giving directions
47.—(1) The Chair of the tribunal or court to which a complaint of serious misconduct is referred
may, in any proceedings on the complaint, give directions for the conduct of the proceedings.
(2) When determining whether to give directions and, if so, which directions to give, the Chair
must seek to give effect to the overriding objective.
(3) Directions may be given—
(a) orally or in writing;
(b) with or without a hearing.
(4) The registrar of tribunals may give directions to the extent authorised by these Rules.
(5) If the Chair holds a hearing for the purpose of giving directions, it is the duty of the parties
to attend or take part in the hearing, either in person or by legal representatives.
(6) The Chair may request the attendance of another person at the hearing.
Matters on which directions may be given
48. The matters on which directions may be given include—
(a) matters mentioned in Part 10 (case management);
(b) matters on which the tribunal or court in question requires evidence and the nature of that
evidence;
(c) the presentation of evidence;
(d) the disclosure or inspection of documents;
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(e) the appointment of expert witnesses (including limiting the number of witnesses
appointed), the exchange of expert reports and the identification by the experts concerned
of the matters on which they agree and those on which they disagree;
(f) the limitation of the number of witnesses which a party to a complaint may call;
(g) the timetable for hearing oral evidence at a hearing;
(h) the preparation and presentation of documents for a hearing;
(i) the giving or sending of documents for a hearing to a party to a complaint or to the tribunal
or court in question.
Part 12
EVIDENCE
Witness statements for use at hearing
49.—(1) T his rule applies to a witness statement intended for use in proceedings before the
tribunal or court to which a complaint of serious misconduct has been referred.
(2) The witness statement must be signed by the person making it and may not include evidence
which the person would not be allowed to give orally.
(3) The witness statement must indicate—
(a) which matters come from the witness’s own knowledge and which are matters of
information or belief, and
(b) in the case of a matter of information or belief, the source of that information or belief.
(4) The witness statement must include at the end a declaration of truth signed and dated by the
witness and in the following form—
“I believe that the contents of this witness statement are true.”
(5) A party wishing to rely on the witness statement in a hearing on the complaint must call the
witness to give oral evidence at the hearing unless—
(a) the parties agree that the witness statement may be put in evidence,
(b) the witness has died or is too ill to attend, or
(c) the registrar of tribunals or the Chair of the tribunal or court directs otherwise.
(6) Where the witness is called to give oral evidence, the witness statement of that witness stands
as the witness’s evidence in chief unless the Chair directs otherwise.
(7) The witness, when giving oral evidence, may with the permission of the Chair—
(a) amplify the witness statement;
(b) give evidence on a matter which has arisen since the witness statement was made.
(8) If a party exchanges the witness statement with another party but does not call the witness
to give oral evidence at the hearing or put the statement in evidence without calling the witness,
the other party may put the witness statement in evidence without calling the witness to give oral
evidence.
Use of witness statements for other purposes
50.—(1) A witness statement may be used only for the purposes of the complaint in the
proceedings in which it is served.
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(2) But paragraph (1) does not apply if or to the extent that—
(a) the witness gives consent in writing to the use of the statement for specified purposes,
(b) the Chair of the tribunal or court gives permission for the use of the statement for specified
purposes, or
(c) the witness statement has been put in evidence at a hearing held in public.
Expert reports
51.—(1) No party to a complaint of serious misconduct may call an expert or put in evidence an
expert report without the permission of the Chair of the tribunal or court dealing with the complaint.
(2) Expert evidence must be given in the form of a single written report by experts acting jointly on
the instructions of the parties acting jointly unless the Chair, having had due regard to the overriding
objective, considers that it would be in the interests of justice for a separate written report to be
prepared in relation to either or each party by an expert acting on the instructions of that party.
(3) Where the Chair gives permission to put in evidence an expert report, the Chair must direct
that the report satisfies each of the following requirements—
(a) it must contain a statement that each expert understands the duty which that expert has to
the tribunal or court and has complied with that duty;
(b) it must be addressed to the tribunal or court (and not to the parties by whom the experts
are instructed);
(c) it must specify each expert’s qualifications;
(d) it must give details of the material on which the experts have relied in making the report;
(e) it must contain a statement of the substance of the facts and instructions which are material
to the opinions given in the report or on which those opinions are based;
(f) it must specify those of the facts stated in the report which are within the experts’ own
knowledge and those which are not;
(g) it must specify who carried out any examination, measurement, test or experiment which
the experts have used for the report, specify that person’s qualifications and indicate
whether the examination, measurement, test or experiment was carried out under the
experts’ supervision;
(h) if there is a range of opinions on matters in the report, it must summarise those opinions
and give reasons for each expert’s own opinion;
(i) it must summarise the conclusions reached;
(j) if the experts are unable to give an opinion without qualification, it must specify that
qualification.
(4) The expert report must be signed and dated by each expert and verified by a statement of
truth in the following form—
“I confirm that I have specified those of the facts stated in this report which are within my
own knowledge and those which are not. Those within my own knowledge I confirm to be
true. The opinions I have expressed represent my own true and complete expert opinion on
the matters to which they refer.”
(5) Where a separate written report is prepared in relation to a party by an expert acting on the
instructions of that party, the references in paragraphs (3) and (4) to the experts or parties are to be
read as references to the expert or party concerned.
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Exclusion of evidence
52.—(1) The Chair of the tribunal or court dealing with a complaint of serious misconduct may,
in the case of evidence which would otherwise be admissible, give directions to exclude the evidence
on the grounds that it is irrelevant or unnecessary.
(2) The Chair of the tribunal or court may give directions to exclude evidence which should, in
the opinion of the Chair, be excluded in the interests of justice.
Oral evidence
53. Oral evidence must be given on oath or affirmation.
Part 13
HEARINGS: GENERAL PROVISION
Conduct of hearings: general
54.—(1) The tribunal or court to which a complaint of serious misconduct is referred must, in
accordance with the overriding objective—
(a) set a timetable for the hearing of the complaint,
(b) decide whether or to what extent the hearing is to be held electronically, digitally or
virtually, and
(c) conduct the hearing in the manner it considers most appropriate, having due regard to the
issues before it.
(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
(c) conduct towards the witness which took place when the witness was a child.
(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—
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(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
(c) can be made without injustice to the complainant or the respondent.
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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),
(c) the legal representative of the respondent,
(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);
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(c) physical disability or impairment or a physical health condition;
(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
(c) is otherwise in the interests of the administration of justice.
(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).
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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) T his 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(4).
(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.
(4) 2005 c. 9.
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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) T his 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) T his 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
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(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
(c) a copy of the response must be provided to the respondent.
(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—
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(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) T his 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,
(c) explain the right of appeal under section 41(5) and (6) of the CCM, and
(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
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(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
(c) if a relevant safeguarding professional is a party to the complaint, that party.
(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,
(c) the Investigation and Tribunals Team, and
(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) P aragraphs (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—
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(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) P aragraphs (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) T his 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,
(c) specify the date of the meeting at which the resolution will be put to the Upper House, and
(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) P aragraphs (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) T his 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.
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(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) T his 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,
(c) state that the restriction order, unless revoked, has effect for a period of three months
beginning with that date,
(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.
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Notice of suspension
77.—(1) T his 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,
(c) state that the suspension, unless revoked, has effect for a period of three months beginning
with that date,
(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) T his 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) T his rule applies if a relevant officer revokes a restriction order or suspension under
section 34(3) of the CCM.
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(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) T his rule applies in relation to a notice under —
(a) rule 76 (notice of restriction order),
(b) rule 77 (notice of suspension), and
(c) rule 79 (notice of revocation of restriction order or suspension).
(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) T his rule applies in relation to a notice under —
(a) rule 76 (notice of restriction order),
(b) rule 77 (notice of suspension), and
(c) rule 79 (notice of revocation of suspension).
(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,
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(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),
(c) the diocesan secretary,
(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,
(c) the diocesan secretary for each diocese in 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,
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(c) diocesan and suffragan bishops,
(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
(c) state that the person has a right of appeal—
(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) T his 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(5).
Appeal against particulars or inclusion in error
85.—(1) T his 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.
(5) 1974 c. 53.
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(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) T his 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
(c) the penalty (if any) imposed for the misconduct.
Work in other capacities: findings in disciplinary proceedings etc
87.—(1) T his 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
(c) the sanction (if any) imposed.
(4) In this rule, “relevant authority” means—
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(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
(c) in relation to an archbishop, the other archbishop and the President of Tribunals.
(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
(c) the Investigation and Tribunals Team.
(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
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(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
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(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) S ection 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
(c) that the other party would not suffer significant prejudice as a result of the delay.
(8) S ection 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.
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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—
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(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) R ules 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—
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(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) P arts 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—
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(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.
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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) T his 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) T his 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.
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Disposal of applications without a hearing
108.—(1) T his 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) T his 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.
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(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 If it is delivered to or left at that address on a business day before
leaving it at proper address 4.30 p.m., that day; or, if not, the next business day after that day.
First class post, or other The second business day after the day on which the document
delivery service which was posted, or left with, delivered to or collected by the service
provides for delivery on the provider, if that day is itself a business day; or, if not, the next
next business day, to proper business day after that day.
address
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(6).
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.
(6) 1971 c. 80.
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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(7) (riding on footpaths etc.);
(b) any provision of Part 6 of the Road Traffic Regulation Act 1984(8) (speed limits);
(c) the following provisions of the Road Traffic Act 1988(9) —
(7) 1835 c. 50.
(8) 1984 c. 27
(9) 1988 c. 52
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(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(10) (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.
(10) 1988 c. 53
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(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.
+ 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
11th July 2026 Registrar of the General Synod
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Schedules
Schedule 1 Rule 1(6)
Forms
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Schedule 2 Rule 114
Royal Peculiars
Jurisdiction
1.—(1) T he 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) T he 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)),
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(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) P art 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.
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Appeal and review
9.—(1) S ection 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) S ection 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) S ection 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) P art 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 Rule 116
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.
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(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
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(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
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(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.
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(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.
EXPLANATORY NOTE
(This note is not part of the Rules)
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.
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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.
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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.
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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.
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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.
Rule 89 enables a clerk to appeal against the imposition of a penalty under the CCM where an adverse
finding in disciplinary proceedings relating to other work that the clerk does.
Rule 90 sets out the procedure for applying for permission to appeal or request a review.
Rule 91 sets out the procedure for determining an application under rule 90.
Rule 92 sets out the procedure for applying to bring an appeal out of time.
Rule 93 enables the court hearing an appeal to strike out the appeal.
Rule 94 provides that, if a party to a complaint is absent from a hearing on an appeal, the court may
not proceed unless satisfied that the party has been given written notice of the hearing.
Rule 95 provides that, in general, a witness who gave evidence on a complaint of misconduct is to
be called to give evidence on an appeal or review arising from the complaint.
Rule 96 provides that, in general, only new evidence may be put before the court on an appeal or
review.
Rule 97 sets out the procedure for requiring a person who was not a party to a complaint to produce
documents to the court on an appeal or review.
Rule 98 sets out the procedure for amending or withdrawing an appeal.
Rule 99 sets out the powers available to the court on an appeal or review.
Rule 100 provides that decisions by the court on an appeal or review may be taken by majority.
Rule 101 sets out the procedure for bringing an appeal or requesting a review.
Rule 102 sets out the powers available to the President of Tribunals on a request to review a decision
to allocate a complaint as a grievance, a decision to dismiss a complaint or a finding of fact in the
report of an investigation on a complaint.
Rule 103 sets out the powers available to the President of Tribunals or other person hearing an appeal
against the imposition of a restriction order or suspension.
Rule 104 sets out the powers available to the President of Tribunals on a request to review the
imposition of a penalty.
Rule 105 sets out the general requirements for making an application under these Rules.
Rule 106 provides that, in general, notice of an application must be given to the parties.
Rule 107 sets out the procedure for dealing with an application at a hearing.
Rule 108 sets out the procedure for dealing with an application where there is no hearing.
Rule 109 provides that, where an application is dismissed for being vexatious, the order of dismissal
must record that.
Rule 110 requires a copy of an order made on an application to be sent to the parties.
Rule 111 sets out the ways in which a document may be served or otherwise delivered.
Rule 112 defines a person’s “proper address” for the purposes of the provisions on service.
Rule 113 sets out when a document that is served or otherwise delivered is taken to be delivered.
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Rule 114 introduces Schedule 2, which makes special provision for complaints of serious misconduct
against clerks in Royal Peculiars.
Rule 115 gives the President of Tribunals a general power to extend a time limit under these Rules.
Rule 116 introduces Schedule 3, which provides for certain decisions to be recorded by the relevant
diocesan or provincial registrar and to be published on the Church of England website.
Rule 117 requires certain information about the conviction of a clerk to be provided in writing.
Rule 118 requires certain information about the divorce or separation of a clerk to be provided in
writing.
Rule 119 sets out the procedure for applications relating to vexatious litigants.
Rule 120 lists certain road traffic offences which are excluded from the provisions of the CCM
relating to convictions of clerks.
Rule 121 provides that, in general, procedural irregularities do not invalidate the proceedings on a
complaint.
Rule 122 imposes word and page limits on certain sections in the Forms in Schedule 1.
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