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The Clergy Conduct Rules 2026

Type Statutory-Instrument

Publication 2026-07-11

Last updated 2026-07-30

State In force

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Source legislation.gov.uk

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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[^f00001].

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[^f00002].

(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.

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,

(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

(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.

(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

(2) An application for an order under this rule—

(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) This 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,

(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) This 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.

(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.

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.

(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) This 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.

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,

(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

(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,

(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.

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),

(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

(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,

(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) This 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[^f00003].

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) This 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) 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

(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—

(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

(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) This 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) This 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

(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

(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) This 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—

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

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

(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

Role of safeguarding officer, director or professional

42

(1) This 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,

(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

(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;

(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

(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;

(d) the disclosure or inspection of documents;

(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) This 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

(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.

(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

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);

(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.

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

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