Ecclesiastical jurisdiction
I111Disciplinary proceedings etc.
1
In Schedule 1 to the Church of England (Legal Aid) Measure 1994 (proceedings for which legal aid may be given), after item 7 insert—
8. Proceedings on a claim for judicial review of a decision by the president of tribunals on disciplinary proceedings under the Clergy Discipline Measure 2003.
Any person who, as a respondent to the disciplinary proceedings, is an interested party in the proceedings on the claim for judicial review.
2
At the end of that Schedule insert—
1NOTES
In item 8, “interested party” has the meaning given in Civil Procedure Rules relating to judicial review.
3
In section 20(1B) of the Clergy Discipline Measure 2003 (application for leave to appeal)—
a
for paragraph (a) substitute—
a
shall, at the direction of the Dean of the Arches and Auditor, be heard either—
i
by the Dean of the Arches and Auditor sitting alone, or
ii
if the Dean is unable to hear the application, by a single person appointed by the Dean from among those nominated under section 21(2)(c) to serve on the relevant provincial panel,
b
in paragraph (c), for “at least one of the judges” substitute “the person hearing the application”
.
4
In rule 4D of the Clergy Discipline (Appeal) Rules 2005 (application for leave to appeal)—
a
in paragraph (1), for “jointly by the Dean and one judge” substitute “by the Dean or by the person”
, and
b
in paragraph (3), omit “at least one of the judges is”.
5
In each of the following provisions, for “diocesan safeguarding advisor” substitute “diocesan safeguarding officer”
—
a
in the Church Representation Rules, each of Rules 68(7)(a), 69(6)(a) and (11)(d) and 71(1) and Part 11,
b
in the Churchwardens Measure 2001, each of sections 2(3C)(a), 6A(5)(a) and (10)(g) and 13(1),
c
in the Clergy Discipline Measure 2003, each of sections 36(2B)(a) and 43(1),
d
in the Clergy Discipline Rules 2005, rule 61C(2), and
e
in the Cathedrals Measure 2021, each of sections 36(7)(a), 37(6)(a) and (11)(c), 39(1) and 53(5)(b)(ii).
6
The amendments made by subsections (4) and (5)(d) do not affect the power to make further rules amending or revoking the provision made by those amendments.