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Safeguarding and Clergy Discipline Measure 2016

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Safeguarding and Clergy Discipline Measure 2016

2016 No. 1

A Measure passed by the General Synod of the Church of England to make provision about safeguarding children and vulnerable adults; and to amend the Clergy Discipline Measure 2003.

Enacted[16th March 2016]

Safeguarding children and vulnerable adults

I61 Clergy: suspension

1 In section 36 of the Clergy Discipline Measure 2003 (the title to which becomes “ Suspension of priest or deacon ”), in subsection (1), after paragraph (d) insert
.
2 After subsection (2) of that section insert—
3 After subsection (2A) of that section (inserted by subsection (2)) insert—
4 After subsection (3A) of that section insert—
5 In section 37 of the Clergy Discipline Measure 2003 (the title to which becomes “ Suspension of bishop or archbishop ”), in subsection (1), after paragraph (d) insert
.
6 After subsection (2) of that section insert—
7 In subsection (6) of that section, for “(3), (3A)” substitute “ (2A) to (3B) ”.
8 In section 43 of the Clergy Discipline Measure 2003 (interpretation)—
a in subsection (1), insert each of the following at the appropriate place—
,
, and
, and
b after subsection (1) insert—
9 In Schedule 1 to the Church of England (Legal Aid) Measure 1994 (proceedings for which legal aid may be given) at the end insert—

I102 Churchwardens: disqualification and suspension

1 In section 2 of the Churchwardens Measure 2001 (general disqualifications), after subsection (1) insert—
2 In subsection (2) of that section, omit paragraph (b).
3 After subsection (3) of that section insert—
4 In section 4 of that Measure (time and manner of choosing churchwardens), in subsection (3), after “section 2(1),” insert “ (1A), ”.
5 In section 6 of that Measure (admission to office of churchwarden), in subsection (1)(b), after “section 2(1),” insert “ (1A), ”.
6 After section 6 of that Measure insert—
7 In section 8 of that Measure (vacation of office), in subsection (1)(c), after “section 2(1),” insert “ (1A), ”.
8 After subsection (1) of that section insert—
9 In section 13 of that Measure (interpretation), in subsection (1), at the appropriate place insert—
.
10 After subsection (1) of that section insert—
11 In Part 6 of the Church Representation Rules (disqualifications etc.), in rule 46A, the text of which becomes paragraph (1) of that rule—
a in sub-paragraph (a), omit “a churchwarden,”,
b in sub-paragraph (b), omit “churchwarden or”, and
c after paragraph (1) insert—

I113 Parochial church council members etc: disqualification and suspension

1 In Part 6 of the Church Representation Rules (disqualifications etc.), in rule 46A (before which is inserted a cross-heading “Disqualification”), in paragraph (1), after sub-paragraph (a) insert—
2 In rule 46(1) of the Rules (vacation of seat by member of synod)—
a in sub-paragraph (e), for “46A(c)” substitute “ 46A(1)(c) ”, and
b in sub-paragraph (f), for “46A(a)” substitute “ 46A(1)(a), (aa) or (ab) ”.
3 After rule 46A of the Rules insert—
4 After rule 46B of the Rules (inserted by subsection (3)) insert—
5 In rule 54 of the Rules (interpretation), in paragraph (1), at the appropriate place insert—
.
6 In that rule, after paragraph (8) insert—
7 In Section 4 of Appendix 1 to the Rules (notice of annual parochial church council meeting), in note 3, after paragraph (a) insert—
8 In section 6 of Appendix 1 to the Rules (nomination to the House of Clergy or House of Laity of the Diocesan Synod), in the notes, at the end insert—
9 In that section of Appendix 1 to the Rules, in the note beginning “A person is disqualified”, for “he” substitute “ the person ”.

I14 Rules for appeals against suspensions

1 Rules made under section 26(1) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 may make provision for carrying into effect—
a section 6B of the Churchwardens Measure 2001 (appeal against suspension of churchwarden in safeguarding case);
b Rule 46D of the Church Representation Rules (appeal against suspension of PCC member etc. in safeguarding case);
c provision made by Canon to confer a right of appeal against the suspension of a licence to exercise the office of reader or of a licence to serve as a lay worker.
F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I45 Guidance

F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 8(1) of the Clergy Discipline Measure 2003 (acts or omissions constituting misconduct)—
a after paragraph (a) insert—
, and
b in paragraph (b), after “failing to do any” insert “ other ”.
4 In Part 2 of the Church Representation Rules (parochial church meetings and councils), in rule 9 (business), after paragraph (2) insert—

5A Code of Practice

1 The House of Bishops must issue, and may from time to time revise, a code of practice for relevant persons on safeguarding children and vulnerable adults.
2 Each of the following is a relevant person—
a a clerk in Holy Orders who is authorised to officiate in accordance with the Canons;
b an archbishop;
c a diocesan, suffragan or assistant bishop;
d an archdeacon;
e a person who is licensed to exercise the office of reader or serve as a lay worker;
f a churchwarden;
g a parochial church council;
h the Chapter of a cathedral;
i the Diocesan Board of Education for a diocese (see subsection (8));
j the Diocesan Board of Finance for a diocese;
k any other diocesan body as defined by section 19(1) of the Dioceses, Pastoral and Mission Measure 2007;
l a body established to carry out a mission initiative as defined by section 80(1) of the Mission and Pastoral Measure 2011;
m a person who is an officer or member of staff of the Archbishops’ Council, or who provides services to the Archbishops’ Council, and whose work to any extent relates to safeguarding children and vulnerable adults;
n a person who works (on any basis) in a diocese or parish, or at a cathedral or for the purposes of a mission initiative, and whose work to any extent relates to safeguarding children and vulnerable adults.
3 The code may impose requirements on relevant persons and may give guidance to relevant persons on compliance with those requirements.
4 A relevant person must, accordingly, comply with a requirement imposed on that person by the code.
5 The code may specify exceptions to any requirement it imposes.
6 The code may also authorise a person of a specified description to make an exception, in the case of a particular relevant person, to a requirement imposed by the code; and the relevant person in question may rely on that exception as if it were specified in the code.
7 The House of Bishops may, for the purposes of subsection (1), issue and revise separate codes for different matters; and, where there are separate codes, a reference in this or any other Measure, or in an instrument made under a Measure, to the code under this section is to be read as a reference to each or any of those codes.
8 The reference in subsection (2)(i) to the Diocesan Board of Education for a diocese is a reference—
a where the Board is a company or charitable incorporated organisation, to the Board itself;
b where the Board is an unincorporated body, to a member of the Board;
c where the Diocesan Board of Finance for the diocese is designated as the Diocesan Board of Education under section 3 of the Diocesan Boards of Education Measure 2021, to a member of the committee established by virtue of that section.
9 The Archbishops’ Council may by order amend this section so as to add, vary or omit a category of relevant person; and section 6 applies to an order under this section as it applies to an order under that section.

5B Code of Practice: consultation

1 Before issuing or revising the code under section 5A, the House of Bishops must be satisfied that sufficient and appropriate consultation has been carried out.
2 In deciding whether it is satisfied for the purposes of subsection (1), the House of Bishops must, in particular, assess whether and, if so, to what extent it would be appropriate to consult the following—
a persons, or groups of persons, who have suffered violence, abuse, neglect or exploitation in a setting or relationship to which the code applies;
b the president or deputy president of tribunals;
c the Standing Committee of the House of Clergy;
d the Standing Committee of the House of Laity.

5C Code of Practice: scrutiny and commencement

1 The code under section 5A does not come into operation unless and until—
a the Clerk to the General Synod, on the instructions of the House of Bishops, has caused the code to be published on the Church of England website and has sent a copy of the code to each member of the General Synod, and
b the code has been approved by the General Synod.
2 If, before the end of the period of three weeks beginning with the date on which the Clerk to the General Synod has complied with subsection (1)(a), 25 members of the General Synod have not given notice in writing to the Clerk that they wish the code to be debated, the code is to be treated for the purposes of subsection (1)(b) as having been approved by the General Synod at the end of that period.
3 If, before the end of that period, 25 members of the General Synod have given notice of the kind mentioned in subsection (2)—
a the Clerk to the General Synod must inform the Business Committee, and
b the Business Committee must secure that a debate on a motion for approval of the code is held at the next group of sessions.
4 In subsection (3), “the Business Committee” means the Committee of the General Synod appointed in accordance with section 10 of the National Institutions Measure 1998.
5 A reference in this section to the code under section 5A includes a reference to a revision of the code; but subsection (1)(b) does not apply in the case of—
a proposed revisions to requirements imposed by the Code on relevant persons, if the House of Bishops considers that those proposed revisions are insubstantial, or
b proposed revisions to guidance given by the Code to relevant persons on compliance with requirements imposed by the Code on them.

I56 Meaning of “child” and “vulnerable adult”

1 In this Measure, “child” means a person aged under 18.
2 In this Measure, “vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse, neglect or exploitation is significantly impaired through physical or mental disability or illness, old age, emotional fragility or distress, or otherwise; and for that purpose, the reference to being impaired is to being temporarily or indefinitely impaired.
3 The Archbishops' Council may by order amend this section so as to amend the definition of “vulnerable adult” and, in consequence of an amendment to that definition, amend any other provision of this Measure.
4 An order under this section may not be made unless—
a a draft of the order has been laid before the General Synod and approved by it with or without amendment, and
b the draft so approved has been referred to the Archbishops' Council.
5 On referral of the draft, the Council must—
a if the draft was approved without amendment, make the order by applying its seal, or
b if the draft was approved with amendment—
i make the order by applying its seal, or
ii withdraw the draft for further consideration.
6 An order under this section may not come into force unless it is sealed by the Council.
7 If the Business Committee of the General Synod determines that a draft of an order under this section does not need to be debated by the General Synod, the draft is to be treated as approved for the purposes of this section unless a member of the General Synod gives notice in accordance with its standing orders that the member—
a wishes the draft order to be debated, or
b wishes to move an amendment to it.
8 The power to make an order under this section is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament providing for the instrument containing the order to be subject to annulment in pursuance of a resolution of either House of Parliament.

Clergy discipline proceedings

I77 Removal of limitation period in sexual misconduct cases

1 In section 9 of the Clergy Discipline Measure 2003 (limitation period for disciplinary proceedings for misconduct), the text of which becomes subsection (1) of that section, at the end insert—
2 This section applies to conduct occurring before the commencement of this section (as well as to conduct occurring afterwards).

I88 Application to make complaint out of time: power to suspend

1 After section 36 of the Clergy Discipline Measure 2003 insert—
2 After section 37 of the Clergy Discipline Measure 2003 insert—
3 This section applies to conduct occurring before the commencement of this section (as well as to conduct occurring afterwards).

I29 Registrar of tribunals: delegation of functions

1 In section 5 of the Clergy Discipline Measure 2003 (registrar of tribunals), in subsection (7), after “registrar of tribunals for the other province” insert “ or, where a person has been selected under subsection (8), that person ”.
2 After that subsection insert—

I910 President of tribunals: power to remit to bishop

1 In section 11 of the Clergy Discipline Measure 2003 (preliminary scrutiny of complaint), in subsection (4)—
a after “considers the dismissal to be plainly wrong,” insert
, and
b at the end insert
.
2 After subsection (4) of that section insert—
3 In section 13 of that Measure (decision to take no further action), in subsection (3)—
a after “considers that the bishop's determination was plainly wrong, he may” insert
, and
b at the end insert
.
4 After subsection (3) of that section insert—

I311 Provincial panels: reappointment of legally qualified persons

In section 21 of the Clergy Discipline Measure 2003 (provincial panels), in subsection (5)—
a after “on retiring from the panel” insert “ , a person nominated under subsection (2)(a) or (b) or (3) ”, and
b after “further period of six years” insert “ , and a person nominated under subsection (2)(c) shall be eligible to be nominated to serve for one or more further periods of six years ”.

Final provisions

12 Short title, commencement and extent

1 This Measure may be cited as the Safeguarding and Clergy Discipline Measure 2016.
2 This section comes into force on the day on which this Measure is passed.
3 The preceding provisions of this Measure come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint; and different days may be appointed for different purposes.
4 The Archbishops of Canterbury and York may by order jointly make transitional, transitory or saving provision in connection with the commencement of a provision of this Measure.
5 The power to make an order under subsection (3) or (4) is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies as if the order had been made by a Minister of the Crown and as if this Measure were an Act of Parliament.
6 This Measure extends to the whole of the provinces of Canterbury and York, except the Channel Islands and the Isle of Man (but see subsections (7) and (8)).
7 This Measure may be applied to the Channel Islands, or either of them, in accordance with the Channel Islands (Church Legislation) Measures 1931 and 1957.
8 If an Act of Tynwald or an instrument made under an Act of Tynwald so provides, this Measure extends to the Isle of Man subject to such exceptions, adaptations or modifications as are specified.

Footnotes

  1. I1
    S. 4 in force at 16.5.2016 by S.I. 2016/552, art. 2
  2. I2
    S. 9 in force at 16.5.2016 by S.I. 2016/552, art. 2
  3. I3
    S. 11 in force at 16.5.2016 by S.I. 2016/552, art. 2
  4. I4
    S. 5 in force at 1.10.2016 by S.I. 2016/938, art. 2
  5. I5
    S. 6 in force at 1.10.2016 by S.I. 2016/938, art. 2
  6. I6
    S. 1 in force at 1.1.2017 by S.I. 2016/1213, art. 2
  7. I7
    S. 7 in force at 1.1.2017 by S.I. 2016/1213, art. 2
  8. I8
    S. 8 in force at 1.1.2017 by S.I. 2016/1213, art. 2
  9. I9
    S. 10 in force at 1.1.2017 by S.I. 2016/1213, art. 2
  10. I10
    S. 2 in force at 1.1.2017 by S.I. 2016/1213, art. 2
  11. I11
    S. 3 in force at 1.1.2017 by S.I. 2016/1213, art. 2
  12. F1
    S. 4(2)(3) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2
  13. F2
    Words in s. 6(6) substituted (retrospectively) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 8(9), 11(8)(d), 17(2)(b)
  14. F3
    Ss. 5A-5C inserted (1.3.2022) by Safeguarding (Code of Practice) Measure 2021 (No. 3), ss. 1(1), 3(3); S.I. 2022/118, art. 2
  15. F4
    S. 5(1)-(2A) repealed (1.3.2022) by Safeguarding (Code of Practice) Measure 2021 (No. 3), ss. 2(1), 3(3); S.I. 2022/118, art. 2 (with art. 3(1)(3))
  16. F5
    Words in s. 6(3) inserted (1.3.2022) by Safeguarding (Code of Practice) Measure 2021 (No. 3), ss. 2(2), 3(3); S.I. 2022/118, art. 2
  17. F6
    S. 5C(5)(a)(b) and words inserted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 3, 22(2)(c)