The Clergy Discipline (Amendment) Rules 2021

• Citation: S.I. 2021/557
• Sections: 14

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Clergy Discipline (Amendment) Rules 2021.

(2) These Rules come into force two months after the day on which they are laid before Parliament.

(3) In these Rules, “the 2005 Rules” means the Clergy Discipline Rules 2005 ; and a reference to a numbered Rule is to the Rule numbered as such in the 2005 Rules.

Section 2 Provision of email address

(1) In Rule 4 (institution of proceedings), in paragraph (2)(a)(ii), after “the complainant” insert “and, if the complainant has one, an email address”.

(2) In Rule 17 (respondent’s answer), in paragraph (2)(a), after “the respondent” insert “and, if the respondent has one, an email address”.

Section 3 Timeline

In Rule 4 (institution of proceedings), in paragraph (2), after sub-paragraph (a), insert—

(aa) be accompanied by a statement of the relevant events in chronological sequence

Section 4 Limitation period

In Rule 8 (allegation made out of time), for paragraphs (2) to (4) substitute—

(2) The President shall start consultation by giving the respondent a copy of the complainant’s application and written directions for the management of the application, and shall invite the respondent to make written comments to the President in response to the application within 21 days of receiving the copy of the application and the directions; and any such comments must be made in accordance with those directions.

(3) The President shall, within 7 days of receiving comments from the respondent under paragraph (2), give the complainant a copy of the comments and written directions for the management of the application.

(4) When acting under paragraph (3), the President shall inform the complainant that, within 21 days of receiving the copy of the comments and the directions, the complainant may send the President written comments in reply; and any such comments must be made in accordance with those directions.

Section 5 Production of documents by person not party to proceedings

(1) After Rule 28 insert—

Application for production of documents by person not party to proceedings

(28A)

(1) The Designated Officer or the respondent may apply to the President for an order for production of documents by a person who is not a party to the allegation of misconduct.

(2) But the respondent may not apply for production of documents by the Designated Officer.

(3) The application must be made in writing using form 10a in the Schedule.

(4) The application must be made—

(a) after the allegation of misconduct is referred to the Designated Officer under rule 28, but

(b) before the President decides under rule 29 whether there is a case for the respondent to answer.

(5) The application may be made without notice being given to any person but the President may direct under rule 102A that written notice of the application be given to one or more specified persons.

(6) The President may make an order under this rule only where it appears to the President that the production of documents specified or described in the application is relevant and necessary for dealing fairly with the allegation.

(7) An order under this rule must specify or describe the documents or the classes of documents which the person to whom the order is directed must produce.

(8) An order under this rule must state—

(a) that the person to whom the order is directed must obey the order, and

(b) failure to do so may be a contempt, and

(c) that the person to whom the order is directed may be sent to a prison or fine, or both, if the order is not obeyed.

(9) 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 for discharge or variation of the order within the period specified in the order; and that period must be no less than 14 days after the date of the order.

(10) A failure to comply without a reasonable excuse with an order under this rule is to be treated as a contempt to which rule 105 applies; and the President accordingly has the power to give a certificate under that rule for the purposes of this rule.

(2) In rule 105 (contempt), in paragraph (1), for “section 81(3) of the Ecclesiastical Jurisdiction Measure 1963” substitute “section 25(3) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(3) In the Schedule to the 2005 Rules, after form 10 insert the form 10a set out in Schedule 1 to these Rules.

(4) In the title to Part 4 of the 2005 Rules, at the end insert “, etc.”.

Section 6 Cross-examination of witnesses

(1) After Rule 45 insert—

Cross-examination of witnesses in person

(45A)

(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, or

(b) 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—

(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 Designated Officer may apply in writing to the Chair using form 8 in the Schedule for a direction that paragraph (2) applies in relation to the witness specified in the application; and the Designated Officer must send or deliver a copy of the application to the respondent at the same time as the application is made to the Chair.

(4) The respondent may, within 14 days of receiving a copy of an application under paragraph (3), make representations in writing to the Chair using form 9 in the Schedule; and the respondent must send or deliver a copy of the representations to the Designated Officer at the same time as the representations are made to the Chair.

(5) In determining an application under paragraph (3), the Chair must have 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.

(6) Where the Chair is satisfied that paragraph (1)(a) or (b) 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 in question, and

(c) give a direction that the respondent must notify the Registrar of Tribunals by the end of the period specified in the direction whether a legal representative is to act for the respondent by cross-examining the witness in question.

(7) If, by the end of the period specified under paragraph (6)(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 must appoint a legal representative to cross-examine the witness.

(8) A person appointed under paragraph (7)(b) is appointed to act in the interests of the respondent but is not responsible to the respondent.

(2) In the Schedule to the 2005 Rules, in the heading for each of forms 8 and 9, for “(Rule 31)” substitute “(Rules 31 and 45A)”.

Section 7 Renaming “complaints” as “allegations of misconduct”

(1) Schedule 2 (which replaces references in the 2005 Rules to complaints with references to allegations of misconduct) has effect.

(2) In each of the forms in the Schedule to the 2005 Rules, for each reference to a complaint substitute a reference to an allegation of misconduct.

(3) In Rule 106 (interpretation), before the definition of “bishop” insert—

“allegation of misconduct” has the same meaning as “complaint” has in the Measure;

Section 8 Online facility for processing allegations

(1) In Rule 101 (sending or delivering documents), after paragraph (1) insert—

(1A) Where a direction is in force under paragraph (1)(d) for the use of an online facility for processing allegations of misconduct in accordance with these Rules, a document is to be regarded as sent or delivered for the purposes of these Rules if the procedure provided by the online facility for sending or delivering the document is followed.

(2) In that Rule, in paragraph (1), after “required” insert “or permitted”.

(3) In Rule 9 (receipt of allegation), in paragraph (2)—

(a) for “7 days” substitute “one business day”, and

(b) at the end insert “; but this requirement does not apply in a case where an online facility of the kind mentioned in Rule 101(1A) is being used.”

Section 9 Service of documents

After Rule 101 insert—

Deemed service

(101A) A document sent or delivered in accordance with these Rules by a method specified in the first column of the following table is deemed to be received on the day specified in the second column—

Section 10 Word and page limits

After Rule 101A (inserted by Rule 8 of these Rules) insert—

Word and page limits

(101B)

(1) In the case of each form in the Schedule specified in the first column of the following table, the number of words which may be used in the section of that form for the subject matter specified in the second column must not exceed 3000—

(2) In the case of each provision specified in the first column of the following table, the number of words which may be used for the purpose specified in the second column must not exceed 3000—

(3) In the case of each form in the Schedule which 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.

(4) Where the words used for the purposes of paragraph (1) or (2) include a link to a webpage, the number of words contained in the webpage count towards the word limit of 3000.

(5) Where an attachment of the kind referred to in paragraph (3) 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.

(6) The relevant officer may disapply or increase the word limit under paragraph (1) or (2) or the page limit under paragraph (3), if, on application made by the person to whom the limit applies, the relevant officer is satisfied that there are exceptional circumstances which justify doing so.

(7) In paragraph (6), “relevant officer” means—

(a) in the case of a form making or answering an allegation of misconduct or any attachments to it, the bishop, and

(b) in any other case, the President.

Section 11 Powers of the President

In Rule 102A , which is to be given the title “Powers of the President”, after paragraph (1) insert—

(1A) 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.

Section 12 Amendments to allegations of misconduct

After Rule 103 insert—

Amendments to allegations

(103A)

(1) At any time after the referral of an allegation of misconduct and before the commencement of the hearing of the allegation, the Registrar of Tribunals may, on an application in writing, direct that the allegation be amended.

(2) At any time after the commencement of the hearing of the allegation and before the pronouncement of the determination, the Chair may, on an application made orally, direct that the allegation be amended.

(3) A direction under paragraph (1) or (2) may be given only if the Registrar of Tribunals or (as the case may be) the Chair is satisfied that the amendment—

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

(b) meets the circumstances of the case, and

(c) can be made without injustice to the complainant or the respondent.

Section 13 Use of statutory forms

(1) In each of Rules 4(1), 82(1), 92(a), 93(a), 94(a), 95(a) and 96(a), omit the words from “, or in a document” to the end.

(2) In Rule 6(2), omit “or in a document which is substantially to the same effect,”.

(3) In Rule 8(1), omit the words from “or in a document” to “of form 1c,”.

(4) In each of Rules 16(1)(a) and 17(4), omit “or in a document which is substantially to the like effect,”.

(5) In Rule 17(2), omit the words from “, or in a document” to “of form 2,”.

(6) In each of Rules 21(2)(a), 23(a) and 27(4) omit “or in a document which is substantially to the like effect”.

(7) In each of Rules 34(2), 34(5), 61(2), 61A(2), 61B(2), 61C(3) and 61D(3), omit “or in a form which is substantially to the like effect,”.

(8) In each of Rules 60(2) and 86(a), omit “or in a form which is substantially to the like effect”.

(9) In each of Rules 85(a), 86A(a), 86B(a), 86C(a) and 86D(a), omit “or in a form which is substantially to the same effect”.

Section 14 Minor corrections

In the 2005 Rules—

(a) for “sub-rule”, in each place it appears, substitute “paragraph”, and

(b) for “sub-rules”, in each place it appears, substitute “paragraphs”.