PP 0118/13
ECCLESIASTICAL COMMITTEE
SECOND REPORT
2012-2013
DRAFT CLERGY DISCIPLINE
(AMENDMENT) MEASURE
(ISLE OF MAN)
SECOND REPORT OF THE ECCLESIASTICAL COMMITTEE FOR 2012/13:
DRAFT CLERGY DISCIPLINE (AMENDMENT) MEASURE (ISLE OF MAN)
The Committee was first created by the Church Assembly Act 1925 and was
continued in existence by the Church (Miscellaneous Provisions) Act 1971 to
consider and report to Tynwald on draft measures presented to it by the Legislative
Committee of the Diocesan Synod and also prescribes burial fees.
Hon D M Anderson MHK (Glenfaba) (Chairman)
Mr A L Cannan MHK (Michael)
Mr C G Corkish MLC
The powers, privileges and immunities relating to the work of a committee of
Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act
1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections
2 to 4 of the Tynwald Proceedings Act 1984.
Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings,
Finch Road, Douglas IM1 3PW (Tel 01624 685520, Fax 01624 685522) or may be consulted
at www.tynwald.org.im
All correspondence with regard to this Report should be addressed to the Clerk of Tynwald,
Legislative Buildings, Finch Road, Douglas IM1 3PW.
Table of Contents
Page
1
I
INTRODUCTION
II
OBJECTIVES
1
III
CHANGES TO THE PRESENT LAW
2
IV
RECOMMENDATION
4
APPENDIX ONE
The Draft Clergy Discipline Measure (Isle of Man)
5
APPENDIX TWO
Explanatory Memorandum Relating to
the Draft Measure
9
To:
The Hon Clare Christian, President of Tynwald, and the
Hon Council and Keys in Tynwald assembled
SECOND REPORT OF THE ECCLESIASTICAL
COMMITTEE OF TYNWALD 2012-2013
DRAFT CLERGY DISCIPLINE (AMENDMENT) MEASURE
(ISLE OF MAN) (PP0118A/13)
I.
INTRODUCTION
1.
In accordance with the provisions of the Church Legislation Procedure
Act 1993, the Legislative Committee of the Diocese of Sodor and Man has
presented the Draft Clergy Discipline (Amendment) Measure (Isle of Man)
(PP0118A/13) to the Ecclesiastical Committee of Tynwald for consideration.
II.
OBJECTIVES
2.
The object of the Draft Clergy Discipline (Amendment) Measure (Isle of Man)
is:
2.1
to extend to the Isle of Man the Clergy Discipline (Amendment)
Measure 2013 ("the 2013 Measure"). The 2013 Measure amends the
Clergy Discipline Measure 2003, which was extended to the Isle of Man
by the Clergy Discipline Measure (Isle of Man) 2005.
1
3.
The draft Clergy Discipline (Amendment) Measure (Isle of Man) extends the
2013 Measure to the Isle of Man with modifications. Except as noted in
paragraph 4.4 below, these are technical modifications to take account of
differences between English and Manx law and procedures.
III.
CHANGES TO THE PRESENT MEASURE
4.
The amendments are as follows:
4.1
Section 1 makes an exception to the rule that lawful political opinions
or activities do not constitute misconduct, by providing that a cleric's
membership of, or support for, a party or other organisation, whose
policies etc. are declared by the House of Bishops to be “incompatible
with the teaching of the Church of England in relation to the equality
of persons or groups of different races”, is misconduct on the part of a
cleric.
4.2
Section 2 enables a bishop to impose a penalty on a cleric with his or
her consent even after the complaint has been referred to a disciplinary
tribunal.
4.3
Section 3 requires the leave of the tribunal or appeal court to an appeal
by either party against a finding or sentence of a disciplinary tribunal.
It also alters the constitution of the appeal court.
2
4.4
Sections 4 and 5 amend the provisions under which a penalty may be
imposed on a cleric without a tribunal hearing, as a result of:
(i)
a custodial sentence following a criminal conviction; or
(ii)
certain matrimonial orders.
To these are added:
(iii)
a conviction in England and Wales for an indictable offence
which is not followed by a custodial sentence; and
(iv)
entry on a “barred list” of persons who are barred from working
with children or vulnerable adults.
((iii) is modified to include similar convictions in the Isle of Man.) Also
the two-year time-limit for imposing such a penalty may be extended
where the bishop is unaware of the conviction etc.
4.5
Sections 6 and 7 extend the power to suspend a cleric for up to three
months, where he or she is convicted of an indictable offence or
entered on a barred list, and enables the three-month period to be
extended.
4.6
Section 8 provides for a cleric to be entered on the “Archbishops’ list” if
he or she is entered on a barred list.
4.7
Section 9 and the Schedule make further amendments.
New
requirements are introduced that a cleric notify the bishop of:
(i)
the details of any matrimonial order, including the conduct
giving rise to it; and
(ii) his or her entry on a barred list.
3
IV.
RECOMMENDATION
5.
Should Tynwald pass a resolution directing that the Measure in the form laid
before Tynwald should be presented to Her Majesty, the Measure will be
presented to Her Majesty in the same manner as a Bill and have the force and
effect of an Act of Tynwald on the Royal Assent to the Measure being
announced to Tynwald.
Recommendation
That the Draft Clergy Discipline (Amendment) Measure (Isle of Man)
(PP0118A/13) in the form laid before Tynwald be presented to Her Majesty
for Her Royal Assent, as required by Schedule 1 to the Church Legislation
Procedure Act 1993.
D M Anderson (Chairman)
C G Corkish
A L Cannan
July 2013
4
APPENDIX 1:
The Draft Clergy Discipline
(Amendment) Measure (Isle of Man)
5
2013-06-26
PP 0118A/13
DRAFT CLERGY DISCIPLINE (AMENDMENT) MEASURE
(ISLE OF MAN)
Approved by Sodor and Man
Diocesan Synod
25th June 2013
Approved by Tynwald
2013
Royal Assent given
2013
Announced to Tynwald
2013
A MEASURE enacted pursuant to the Church Legislation Procedure Act 1993
to extend to the Isle of Man the Clergy Discipline (Amendment) Measure
2013
1.
Short title
The short title of this Measure is the Clergy Discipline (Amendment)
Measure (Isle of Man) 2013.
2.
Commencement
This Measure comes into operation on such day or days as the Bishop
may by order appoint.
3.
Extension of 2013 Measure to the Isle of Man
The Clergy Discipline (Amendment) Measure 20131 shall extend to the
Isle of Man subject to the modifications specified in the Schedule.
1
2013 No.2
6
Draft Clergy Discipline (Amendment) Measure (Isle of Man)
Section 3.
SCHEDULE
MODIFICATIONS OF 2013 MEASURE
1.
Misconduct
In section 1(4), for "coming into force of this section" substitute "extension of
this section to the Isle of Man".
2.
Penalty by consent
In section 2(2), in the new section 16(3A), for "president of tribunals"
substitute "appointed person".
3.
Right of appeal
(1) In section 3(3), in the new section 20(1A), for "designated officer" substitute
"appointed person or designated officer".
(2) In section 3(5), for "coming into force of those subsections" substitute
"extension of those subsections to the Isle of Man".
(3) In section 3(6), for "coming into force of subsection (4) above" substitute
"extension of subsection (4) above to the Isle of Man".
4.
Convictions and matrimonial orders
(1) In section 4(2) ―
(a)
in paragraph (a), in the new section 30(1)(a) ―
(i)
in sub-paragraph (i), for "England" substitute "the Isle of Man", and
after "sentence of" insert "custody or";
(ii) for sub-paragraph (ii) substitute ―
"(ii) of an indictable offence committed in England and Wales, or
(iii) of an offence triable on information committed in the Isle of
Man;";
(b) for paragraph (b) substitute ―
"(b) in paragraph (b), for "divorce order, decree of divorce or an order
of separation" substitute "divorce order, separation order, decree of
divorce or order of judicial separation";".
(2) In section 4(5), in the new section 30(3A) ―
(a)
for "president of tribunals" substitute "chancellor";
(b) for "decree absolute or order" substitute "final divorce order, decree
absolute, separation order or order of separation".
(3) In section 4(6), for "decree absolute of divorce or the date of the order of
judicial separation" substitute "final divorce order, decree absolute of divorce,
separation order or order of judicial separation".
(4) In section 4(8) ―
(a)
after "30(1)(a)(ii)" insert "or (iii)";
(b) for "coming into force of that provision " substitute "extension of that
provision to the Isle of Man".
(5) In section 5(2) ―
7
Draft Clergy Discipline (Amendment) Measure (Isle of Man)
(a)
in paragraph (a), for "30(1)(a)(i) or (ii)" substitute "30(1)(a)(i), (ii) or (iii)";
(b) for paragraph (b) substitute ―
"(b) in paragraph (b), for "divorce order, decree of divorce or an order
of separation" substitute "divorce order, separation order, decree of
divorce or order of judicial separation";".
(6) In section 5(6) ―
(a)
after "30(1)(a)(ii)" insert "or (iii)";
(b) for "coming into force of subsection (2)(a)" substitute "extension of
subsection (2)(a) to the Isle of Man".
5.
Amendments and repeals
Omit section 9(8).
6.
Citation etc.
Omit section 10(2) and (3).
7.
Amendments of 2003 Measure
(1) The Schedule is modified as follows.
(2) Omit paragraphs 2 and 3.
(3) In paragraph 6, in the new section 34(1), for "a decree nisi of divorce has been
made absolute or an order of judicial separation has been made" substitute "a
final divorce order has been made, a decree nisi of divorce has been made
absolute or a separation order or order of judicial separation has been made".
(4) In paragraphs 8 and 9, for "England" substitute "the Isle of Man".
(6) After paragraph 10 insert ―
"10A. In section 42(1), omit the words from "Ministers" (in the second place)
to "England".".
(7) Omit paragraphs 12 and 13.
8
APPENDIX 2:
Explanatory Memorandum Relating
to the Draft Measure
9
SODOR AND MAN DIOCESAN SYNOD
LEGISLATIVE COMMITTEE
MEMORANDUM TO THE ECCLESIASTICAL COMMITTEE OF TYNWALD
DRAFT CLERGY DISCIPLINE (AMENDMENT) MEASURE (ISLE OF MAN)
1.
The Sodor and Man Diocesan Synod on 25th June 2013 approved the draft Clergy
Discipline (Amendment) Measure (Isle of Man) pursuant to paragraph 1(3) of
Schedule 1 to the Church Legislation Procedure Act 1993. Accordingly the Legislative
Committee of the Synod presents the draft Measure, a copy of which accompanies this
memorandum, to the Ecclesiastical Committee of Tynwald for consideration under paragraph
2 of the said Schedule 1.
2.
The object of the draft Measure is to extend to the Isle of Man the Clergy
Discipline (Amendment) Measure 2013 ("the 2013 Measure"). The 2013 Measure
amends the Clergy Discipline Measure 2003, which was extended to the Isle of Man by the
Clergy Discipline Measure (Isle of Man) 2005. The amendments are as follows:
2.1.
Section 1 makes an exception to the rule that lawful political opinions or
activities do not constitute misconduct, by providing that a cleric's membership of or
support for a party or other organisation, whose policies etc. are declared by the
House of Bishops to be "incompatible with the teaching of the Church of England in
relation to the equality of persons or groups of different races", is misconduct on the
part of a cleric.
2.2.
Section 2 enables a bishop to impose a penalty on a cleric with his or her
consent even after the complaint has been referred to a disciplinary tribunal.
2.3.
Section 3 requires the leave of the tribunal or appeal court to an appeal by
either party against a finding or sentence of a disciplinary tribunal. It also alters the
constitution of the appeal court.
2.4.
Sections 4 and 5 amend the provisions under which a penalty may be
imposed on a cleric without a tribunal hearing, as a result of (i) a custodial sentence
following a criminal conviction, or (ii) certain matrimonial orders. To these are
added (iii) a conviction in England and Wales for an indictable offence which is not
followed by a custodial sentence, and (iv) entry on a "barred list" of persons who are
barred from working with children or vulnerable adults. ((iii) is modified to include
similar convictions in the Isle of Man.) Also the 2-year time-limit for imposing such a
penalty may be extended where the bishop is unaware of the conviction etc.
2.5.
Sections 6 and 7 extend the power to suspend a cleric for up to 3 months,
where he or she is convicted of an indictable offence or entered on a barred list, and
enables the 3-month period to be extended.
2.6.
Section 8 provides for a cleric to be entered on the "Archbishops' list" if he
or she is entered on a barred list.
10
2.7.
Section 9 and the Schedule make further amendments. New requirements
are introduced that a cleric notify the bishop of (i) the details of any matrimonial
order, including the conduct giving rise to it, and (ii) his or her entry on a barred list.
3.
The draft Clergy Discipline (Amendment) Measure (Isle of Man) extends the 2013
Measure to the Isle of Man with modifications. Except as noted in paragraph 2.4 above,
these are technical modifications to take account of differences between English and Manx
law and procedures. The text of the 2013 Measure as modified is annexed to this
memorandum.
4.
In addition, a parallel text of the Clergy Discipline Measure 2003 (as amended by the
2013 Measure) (i) as it will have effect in England, and (ii) as it will have effect in the Isle of
Man in accordance with the draft Clergy Discipline (Amendment) Measure (Isle of Man), is
available at the following address:
http://www.gumbley.net/cdm_mod_2013.pdf
5.
The Legislative Committee respectfully requests the Ecclesiastical Committee to
consider the draft Measure and to recommend to Tynwald that it be presented to Her
Majesty for Her assent.
K F W Gumbley
Chairman of the Legislative Committee
June 2013
11
2013-06-26
Clergy Discipline (Amendment) Measure 2013
(2013 No. 2)
as proposed to be modified for the Isle of Man
A Measure to amend the Clergy Discipline Measure 2003; and for connected purposes.
[26th March 2013]
1
Misconduct
(1) Section 8 of the Clergy Discipline Measure 2003 (in this Measure referred to as "the
Measure") is amended as follows.
(2) In subsection (3), at the beginning there are inserted the words "Subject to
subsection (4) below,", after the word "unbecoming" there are inserted the words
"or inappropriate" and immediately before the word "bishop" there is inserted the
word "archbishop,".
(3) After subsection (3) there are added the following subsections ―
"(4) Notwithstanding subsection (3) above, it shall be unbecoming or inappropriate
conduct for any archbishop, bishop, priest or deacon to be a member of or to
promote, or express or solicit support for, a political party or other organisation
whose constitution, policies, objectives, activities or public statements are
declared in writing by the House of Bishops to be incompatible with the teaching
of the Church of England in relation to the equality of persons or groups of
different races.
(5) It shall be the duty of the House of Bishops to take appropriate steps to publish
any declaration made under subsection (4) above.
(6) Without prejudice to subsection (5) above, the House of Bishops shall lay any
declaration made under subsection (4) above before the General Synod and, if
25 or more members of the Synod give notice in accordance with its Standing
Orders that they wish the declaration to be debated, it shall come into force on
the date on which the declaration is approved by the General Synod.
(7) Any declaration made under subsection (4) above which is not debated by the
General Synod in accordance with subsection (6) above shall come into force at
the expiry of the period required by the Standing Orders for the giving of the
notice under subsection (6).
(8) Any declaration made under subsection (4) above may be revoked by a
resolution of the House of Bishops and subsections (5), (6) and (7) above shall
apply to any such resolution as they apply to a declaration under subsection (4).
(9) Any declaration made under subsection (4) above may be revoked by a
declaration made by the House of Bishops under that subsection.
(10) Any declaration made by the House of Bishops under subsection (4) above shall
require the assent of a majority of not less than two-thirds of the members of
the House present and voting.
3
12
Clergy Discipline (Amendment) Measure 2013 (modified)
(11) In subsection (4) "race" shall be construed in accordance with section 9 of the
Equality Act 2010.".
(4) This section shall not have effect in relation to any misconduct which occurred before
the date of the coming into force of this section extension of this section to the
Isle of Man.
2
Penalty by consent
(1) Section 16 of the Measure is amended as follows.
(2) After subsection (3) there is inserted the following subsection ―
"(3A) Where at any time after the bishop has directed, under section 12(1)(e) above,
that the complaint be formally investigated in accordance with section 17 below
or after the president of tribunals appointed person has referred the complaint
to a disciplinary tribunal, the bishop and the respondent may, if the respondent
admits the misconduct which is the subject of the complaint, agree to the
imposition of a penalty under this section and the bishop shall, subject to
subsection (2) above, proceed accordingly and thereafter no further step shall
be taken in regard thereto.".
3
Right of appeal
(1) Section 20 of the Measure is amended as follows.
(2) In subsection (1), at the beginning there are inserted the words "Subject to the
following provisions of this section,".
(3) After subsection (1) there are inserted the following subsections ―
"(1A) An appeal by the respondent or the designated officer appointed person or
designated officer may only be brought with the leave of the disciplinary
tribunal or the Vicar-General's court, as the case may be, or the appeal court.
(1B) Any application for leave of the appeal court under subsection (1A) ―
(a) shall be heard jointly by the Dean of the Arches and Auditor and one judge
appointed by the president of tribunals for the purpose of those proceedings
from among the persons serving on the provincial panel of the relevant
province, who shall be a lay person in the case of an application by the
respondent and a person in holy orders in the case of an application by the
designated officer ;
(b) may, if the Dean of the Arches and Auditor so directs, be determined
without a hearing; and
(c) shall be granted if at least one of the judges considers either that the
appeal would have a real prospect of success or that there is some other
compelling reason why the appeal should be heard.
(1C) If the disciplinary tribunal or the court grants the application for leave, it may
direct that the issues to be heard on the appeal be limited in such way as the
tribunal or the court may specify.".
(4) For subsection (2) the following subsections are substituted ―
13
Clergy Discipline (Amendment) Measure 2013 (modified)
"(2) Subject to subsection (3) below, proceedings on an appeal under subsection (1)
above shall be heard and disposed of by the Dean of the Arches and Auditor
sitting with two persons in Holy Orders and two lay persons appointed by the
president of tribunals for the purpose of those proceedings from among the
persons nominated to serve on the provincial panel of the relevant province
otherwise than by the bishop of the diocese concerned.
(3) In the case of an appeal from a decision of the Vicar-Genera1's court ―
(a) one of the persons in Holy Orders shall be in Episcopal Orders, whether or
not that person has been nominated to serve on the provincial panel
mentioned in subsection (2) above, and
(b) where the appeal is by an archbishop, subsection (2) shall have effect as if
the reference to persons nominated to serve on the provincial panel
otherwise than by the bishop of the diocese concerned were a reference to
persons (other than the person in Episcopal Orders) nominated to serve on
the provincial panel of the other province.
(4) Before the president of tribunals appoints a person to sit as a judge for the
purpose of proceedings on an appeal under subsection (1) or on an application
for leave to appeal under subsection (1A) above he shall satisfy himself that
there is no reason to question the impartiality of that person.
(5) Before appointing a person to sit as a judge for the purpose of proceedings on
an appeal under subsection (1) or on an application for leave to appeal under
subsection (1A) above the president of tribunals shall afford an opportunity to
the respondent to make representations as to the suitability of that person to be
appointed.".
(5) Subsections (2) and (3) above shall not have effect in relation to any complaint
made before the date of the coming into force of those subsections extension of
those subsections to the Isle of Man.
(6) Immediately before the coming into force of subsection (4) above extension of
subsection (4) above to the Isle of Man the appointment of any judge under
section 3(2)(b) or (c) of the Ecclesiastical Jurisdiction Measure 1963 shall cease to
have effect.
4
Convictions for criminal offences and matrimonial orders, etc.: priests and
deacons
(1) Section 30 of the Measure is amended as follows.
(2) In subsection (1) ―
(a) for paragraph (a) there shall be substituted the following paragraph ―
"(a) is convicted ―
(i) whether in England the Isle of Man or elsewhere, of any offence for
which a sentence of custody or imprisonment (including one which is
not implemented immediately) is passed on him, or
(ii) of any offence, other than a summary offence, committed in England and
Wales,
(ii) of an indictable offence committed in England and Wales, or
14
Clergy Discipline (Amendment) Measure 2013 (modified)
(iii)of an offence triable on information committed in the Isle of
Man;".
(b) in paragraph (b), after the words "order of" there is inserted the word "judicial";
and
(b) in paragraph (b), for "divorce order, decree of divorce or an order of
separation" substitute "divorce order, separation order, decree of
divorce or order of judicial separation"; and
(c) after paragraph (b), there is added the word "or" and the following paragraph ―
"(c) is included in a barred list,".
(3) After subsection (1) there is inserted the following subsection ―
"(1A) In this Measure "barred list" means the children's barred list or the adults'
barred list established in accordance with section 2(1) of and Schedule 3 to the
Safeguarding Vulnerable Groups Act 2006.".
(4) In subsection (3), at the beginning there are inserted the words "Subject to
subsection (3A) below", for the words "this section", there are substituted the words
"subsection (1)(a) or (b)" and for the word "sentence" there is substituted the word
"conviction".
(5) After subsection (3), there is inserted the following subsection ―
"(3A) The president of tribunals chancellor may, on application by the bishop of the
relevant diocese, extend the period of two years referred to in subsection (3)
above if, after consultation with the priest or deacon concerned, he is satisfied
that the bishop did not know of the existence of the conviction or, as the case
may be, of the decree absolute or order final divorce order, decree
absolute, separation order or order of separation.".
(6) In subsection (7)(a), for the word "sentence" there shall. be substituted the word
"conviction" and, at the end, there are added the words "or, as the case may be, the
date of the decree absolute of divorce or the date of the order of judicial separation
final divorce order, decree absolute of divorce, separation order or order of
judicial separation ".
(7) For the heading to section 30 there is substituted the following heading ―
"Convictions for criminal offences and matrimonial orders, etc.: priests and
deacons".
(8) Subsection (2)(a) above, so far as it relates to section 30(1}(a)(ii) or (iii), shall not
have effect in relation to any conviction occurring before the date of the coming into
force of that provision extension of that provision to the Isle of Man.
5
Convictions for criminal offences and matrimonial orders, etc.: bishops and
archbishops
(1) Section 31 of the Measure is amended as follows.
(2) In subsection (1) ―
(a) in paragraph (a), for the words following the word "offence" there are
substituted the words "mentioned in section 30(1)(a)(i) or (ii) 30(1)(a)(i), (ii)
or (iii) above";
15
Clergy Discipline (Amendment) Measure 2013 (modified)
(b) in paragraph (b), after the words "order of" there is inserted the word "judicial";
and
(b) in paragraph (b), for "divorce order, decree of divorce or an order of
separation" substitute "divorce order, separation order, decree of
divorce or order of judicial separation"; and
(c) after paragraph (b), there is added the word "or" and the following paragraph ―
"(c) is included in a barred list,".
(3) In subsection (3), at the beginning there are inserted the words "Subject to
subsection (3A) below" and for the word "sentence" there is substituted the word
"conviction".
(4) After subsection (3) there is inserted the following subsection"(3A) The president of tribunals may, on application by the archbishop, if the person
liable to a penalty under this section is a bishop, or the other archbishop, if the
person liable is an archbishop, extend the period of two years referred to in
subsection (3) above if, after consultation with the bishop or archbishop
concerned, he is satisfied that the archbishop or the other archbishop, as the
case may be, did not know of the existence of the conviction or, as the case
may be, of the decree absolute or order.".
(5) For the heading to section 31, there is substituted the following heading ―
"Convictions for criminal offences and matrimonial orders, etc.: bishops
and archbishops".
(6) Subsection (2)(a) above shall not have effect in relation to any offence mentioned in
section 30(1)(a)(ii) or (iii) if the conviction occurred before the date of the coming
into force of subsection (2)(a) extension of subsection (2)(a) to the Isle of
Man.
6
Suspension of priest or deacon
(1) Section 36 is amended as follows.
(2) In subsection (1), after paragraph (b) there are added the word "or" and the
following paragraphs "(c) a priest or deacon holding any preferment in a diocese is convicted of
any offence mentioned in section 30(1)(a) above, or
(d) a priest or deacon holding any preferment in a diocese is included in a
barred list,".
(3) In subsection (3), after the words "subsection (1)", in both places where they occur,
there are added the words "(a) or (b)".
(4) After subsection (3) there is added the following subsection"(3A) Where a notice of suspension is served under subsection (1)(c) or (d) above
and it has not been revoked under subsection (2), the suspension shall continue
until the expiry of the period of three months following service of the notice or
until a penalty is imposed on the priest or deacon under section 30(1) above,
whichever occurs earlier, save that a further notice of suspension under
subsection (1)(c) or (d) may be served pending conclusion of any step taken
16
Clergy Discipline (Amendment) Measure 2013 (modified)
under section 30(2) or (4), and this subsection shall apply in relation to the
further suspension as it applied to the earlier suspension or suspensions.".
(5) In the heading to section 36, the words after the word "deacon" are omitted.
7
Suspension of bishop or archbishop
(1) Section 37 is amended as follows.
(2) In subsection (1), after paragraph (b) there are added the word "or" and the
following paragraphs ―
"(c) a bishop or archbishop is convicted of any offence mentioned in section
30(1)(a) above, or
(d) a bishop or archbishop is included in a barred list,".
(3) For subsection (6) the following subsection is substituted ―
"(6) Subsections (3), (3A) and (6) of section 36 above shall apply for the purposes of
this section as they apply for the purposes of that section, but as if for any
reference to a priest or deacon there were substituted a reference to the bishop
or, as the case may be, the archbishop and as if, in subsection (3A), the
references to sections 30(1) and 30(2) were references, respectively, to sections
31(1) and 31(2).".
(4) In the heading to section 37, the words after the word "archbishop" are omitted.
8
Archbishops' list
(1) Section 38 of the Measure is amended as follows.
(2) In subsection (1), after paragraph (d) there is inserted the following paragraph ―
"(dd) whose name is included in a barred list;"
and the word "or" shall be inserted immediately before paragraph (e).
(3) In subsection (2) ―
(a) for the words "archbishop has" there are substituted the words "archbishops
have";
(b) for the letter "(d)" there are substituted the letters "(dd)";
(c) for the word "he" in the first place where it occurs, there are substituted the
words "the archbishop of the relevant province"; and
(d) for the words "he has done so" there are substituted the words "they have done
so".
(4) In subsection (3), for the words "archbishop proposes" there are substituted the
words "archbishops propose", for the word "he" there are substituted the words "the
archbishop of the relevant province", for the word "archbishop", in the last place
where it occurs, there is substituted the word "archbishops", before the words "shall
inform" there are inserted the words "the archbishop of the relevant province" and
for the word "his" there is substituted the word "their".
(5) In subsection (4), for the word "archbishop" there is substituted the word
"archbishops".
17
Clergy Discipline (Amendment) Measure 2013 (modified)
9
Amendments and repeals
(1) The minor amendments to the Measure set out in the Schedule have effect.
(2) Section 3 of the Ecclesiastical Jurisdiction Measure 1963 is amended in accordance
with subsections (3) to (6) below.
(3) For subsections (2)(b) and (c) there is substituted the following paragraph ―
"(b) for the purposes of proceedings on an appeal under section 20 of the
Clergy Discipline Measure 2003, four shall be appointed in accordance
with subsections (2) and (3) of that section"
and paragraph (d) shall be re-numbered "(c)".
(4) Subsection (4) is repealed.
(5) For subsection (5) there is substituted the following subsection ―
"(5) The appointment of the Dean of the Arches and Auditor shall be for a period
beginning with the date of the appointment and ending with the date on which
he attains the age of seventy-five years, but ―
(a) he may resign his office by instrument in writing under his hand addressed
to, and served on, the archbishops of Canterbury and York,
(b) he may be removed by the archbishops of Canterbury and York jointly if the
Upper Houses of the Convocations of the provinces of Canterbury and York
each resolve that he is incapable of acting or unfit to act, and
(c) he may continue to act as a judge for the purpose of any proceedings in
either Court during the course of which he attains the age of seventy-five
years as if the date of the conclusion of the proceedings were the date on
which he attains that age.".
(6) In subsection (7), for the words "(b) or (c)" there is substituted the letter "(b)".
(7) In section 7(2)(a) of the Ecclesiastical Jurisdiction Measure 1963, after the words "in
a disciplinary case," there are inserted the words "with the leave of the court in
accordance with section 20(1A) and (1B) of the Clergy Discipline Measure 2003".
(8) In section 10 of the Ecclesiastical Fees Measure 1986, in the definition of
"ecclesiastical judges", after the words "deputy president of tribunals" there are
inserted the words "and the chairmen of disciplinary tribunals".
10
Citation, commencement and extent
(1) This Measure may be cited as the Clergy Discipline (Amendment) Measure 20 ....
(2) This section shall come into force on the day on which this Measure is passed and
the other provisions of this Measure shall come into force on such day as the
archbishops of Canterbury and York may jointly appoint and different days may be
appointed for different provisions or for different purposes.
(3) This Measure extends to the whole of the provinces of Canterbury and York except
the Channel Islands and the Isle of Man, but the provisions of the Measure may be
applied to the Channel Islands as defined in the Channel Islands (Church Legislation)
Measures 1931 and 1957, or either of them, in accordance with those Measures and,
18
Clergy Discipline (Amendment) Measure 2013 (modified)
if an Act of Tynwald or an instrument made under an Act of Tynwald so provides,
shall extend to the Isle of Man subject to such exceptions, adaptations or
modifications as may be specified in the Act of Tynwald or instrument.
19
Clergy Discipline (Amendment) Measure 2013 (modified)
Section 9.
SCHEDULE
AMENDMENTS OF CLERGY DISCIPLINE MEASURE 2003
1
The Clergy Discipline Measure 2003 is amended as follows.
2
At the beginning of section 4(3) there are inserted the words "Subject to subsection
(4) below,".
3
After section 4(3) there is inserted the following subsection ―
"(4) The president or deputy president of tribunals may select any person who may
be appointed as the chairman of a disciplinary tribunal under section 22(1)
below to act in his place when he is absent or unable or unwilling to act.".
4
In section 21(4), for the words "No person" there are substituted the words "No lay
person".
5
Section 23 is amended as follows ―
(a) in subsection (1)(a), after the word "respondent" there are inserted the words
"or he is otherwise unable to act" and for the words "relevant provincial panel of
the province other than that in which the bishop serves" there are substituted
the words "provincial panel of either province";
(b) for subsection (1)(b) there shall be substituted the following paragraph ―
"(b) two persons in Holy Orders appointed by the president of tribunals, of
whom one shall be in Episcopal Orders and the other shall be appointed
from among those nominated to serve on the provincial panel of the
province other than that in which the bishop serves;";
(c) in subsection (2)(a), after the word "respondent" there are inserted the words
"or he is otherwise unable to act"; and
(d) for subsection (2)(b) there shall be substituted the following paragraph ―
"(b) two persons in Holy Orders appointed by the president of tribunals, of
whom one shall be in Episcopal Orders and the other shall be appointed
from among those nominated to serve on the provincial panel of the other
province.".
6.
For section 34 there is substituted the following section ―
"34 Duty to disclose details of divorce and separation orders
(1) A person in Holy Orders in respect of whose marriage a decree nisi of divorce
has been made absolute or an order of judicial separation has been made a
final divorce order has been made, a decree nisi of divorce has been
made absolute or a separation order or order of judicial separation has
been made shall be under a duty, within the period of twenty-eight days
following the decree or order, ―
(a) in the case of a priest or deacon, to inform the bishop of the diocese
concerned,
(b) in the case of a bishop, to inform the archbishop concerned, and
(c) in the case of an archbishop, to inform the other archbishop, ―
(i) of the decree or order,
20
Clergy Discipline (Amendment) Measure 2013 (modified)
(ii) as to whether he was the respondent in the proceedings, and
(iii) if he was the respondent, of any finding of adultery, unreasonable
behaviour or desertion against him and of the details or particulars of the
conduct which led to any such finding.
(2) Failure to comply with the requirements of subsection (1) above shall be
regarded as a failure to do an act required by the laws ecclesiastical for the
purposes of section 8(1) above.".
7
After section 34 there is inserted the following section ―
"34A Duty to disclose inclusion in a barred list
(1) A person in Holy Orders who is included in a barred list shall be under a duty,
within the period of twenty-eight days following his inclusion ―
(a) in the case of a priest or deacon, to inform the bishop of the diocese
concerned,
(b) in the case of a bishop, to inform the archbishop concerned, and
(c) in the case of an archbishop, to inform the other archbishop,
(i) of his inclusion in the barred list, and
(ii) of the reasons for his inclusion.
(2) Failure to comply with the requirements of subsection (1) above shall be
regarded as a failure to do an act required by the laws ecclesiastical for the
purposes of section 8(1) above.".
8
In section 36(1)(b), after the word "arrested" there are inserted the words "(whether
in England the Isle of Man or elsewhere)".
9
In section 37(1)(b), after the word "arrested" there are inserted the words "(whether
in England the Isle of Man or elsewhere)".
10 In section 39, for subsection (3) there shall be substituted the following subsections
―
"(3) A Code of Practice shall be laid in draft before the General Synod and, if it is
approved by the General Synod without amendment, the Code shall be issued
by the Clergy Discipline Commission.
(3A) If the Code has been approved by the General Synod with amendment, it shall
be referred to the Clergy Discipline Commission.
(3B) Where a draft Code of Practice is referred to the Clergy Discipline Commission
under subsection (3A) above, then the Commission may either ―
(a) issue the Code as so amended, or
(b) withdraw the Code for further consideration in view of any amendment by
the General Synod,
and the Code shall not Come into force until it has been approved by the
General Synod and issued by the Commission.".
10AIn section 42(1), omit the words from "Ministers" (in the second place) to
"England".
11 In section 43(1), after the definition of "the 1963 Measure", there is inserted the
following definition ―
21
Clergy Discipline (Amendment) Measure 2013 (modified)
""barred list" has the meaning assigned to it by section 30(1A)
above;".
12 In section 44 ―
(a) subsection (1) is repealed; and
(b) in subsection (4), for the words "provincial registrar" there are substituted the
words "provincial registrars".
12 In section 45(2)(a), for the words "Measure 1990" there are substituted the words
"Measures 1990 and 1994".
22
Parliamentary Copyright
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July 2013
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