(1) In disciplinary proceedings under this Measure—
(a) the respondent may appeal against any penalty imposed on him, and
(b) the respondent on a question of law or fact, and the designated officer, on a question of law, may appeal against any finding of the disciplinary tribunal or the Vicar-General’s court,
to the Arches Court of Canterbury (where the proceedings take place in the province of Canterbury) or the Chancery Court of York (where the proceedings take place in the province of York).
(2) Proceedings on an appeal under subsection (1) above shall be heard and disposed of by all the judges of the court mentioned in section 3(2) (a), (b) and (c) of the 1963 Measure.
(1) It shall be the duty of the Clergy Discipline Commission to compile and maintain for each province, in accordance with the provisions of subsection (2) below, a list (hereinafter referred to as “the provincial panel”) of persons available for appointment under the following provisions of this Measure as members of a disciplinary tribunal or of the Vicar-General’s court.
(2) Each provincial panel shall contain the names of—
(a) two lay persons from each diocese nominated by the bishop of the diocese after consultation with the bishop’s council, being persons who are resident in the diocese and are on the electoral roll of a parish in the diocese or on the community roll of a cathedral which is not a parish church;
(b) two persons in Holy Orders from each diocese nominated by the bishop of the diocese after consultation with the bishop’s council, being persons who have served in Holy Orders for at least seven years and are resident in the diocese;
(c) ten persons nominated by the archbishop of the relevant province, being persons who have a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) or who have held or are holding high judicial office or the office of Circuit judge;
(d) such persons as may be nominated under subsection (3) below.
(3) The archbishop of the relevant province may also nominate for inclusion on the provincial panel—
(a) not more than five persons who are resident in the province and are on the electoral roll of a parish in the province or on the community roll of a cathedral which is not a parish church; and
(b) not more than five persons who have served in Holy Orders for at least seven years and reside in the province.
(4) No person who is not an actual communicant, within the meaning of rule 54(1) of the Church Representation Rules (1969 No. 2 Sch. 3), shall be nominated to serve on the provincial panel.
(5) Persons nominated to serve on the provincial panel shall so serve for a period of six years, and on retiring from the panel shall be eligible to be nominated to serve for not more than one further period of six years:
Provided that, of the persons nominated to serve on the provincial panel on the first occasion after the passing of this Measure, half of those nominated under paragraph (a) of subsection (2) above, half of those nominated under paragraph (b), half of those nominated under paragraph (c) and half of those nominated under subsection (3) above shall retire from the panel after serving for a period of three years, those retiring being determined by lot.
(6) Where the period of service of a person nominated to serve on the provincial panel expires while he is a member of a disciplinary tribunal or of the Vicar-General’s court to which proceedings under this Measure are referred, he shall continue to be a member of the tribunal or court until the completion of the proceedings.
(7) Where a casual vacancy occurs on the provincial panel the Archbishop of the relevant province or the bishop of the relevant diocese, as the case may be, may nominate a person to fill the vacancy, and the provisions of subsections (2) and (4) above, relating to qualifications and consultations shall apply for the purposes of this subsection as they applied for the purposes of the nomination of the person whose place he takes on the panel.
(8) Any person nominated to fill a casual vacancy shall serve only for the unexpired term of service of the person whose place he takes on the panel.
(1) A disciplinary tribunal shall consist of five members as follows—
(a) the chairman, who shall be the president of tribunals or such other person as he may appoint as chairman from those nominated under section 21(2)(c) above to serve on the relevant provincial panel;
(b) two lay persons appointed by the president of tribunals from those nominated under section 21(2)(a) or (3)(a) above otherwise than by the bishop of the diocese concerned to serve on the relevant provincial panel; and
(c) two persons in Holy Orders appointed by the president of tribunals from those nominated under section 21(2)(b) or (3)(b) above otherwise than by the bishop of the diocese concerned to serve on the relevant provincial panel.
(2) The president of tribunals shall not appoint any person to be a member of a disciplinary tribunal unless he is satisfied that there is no reason to question the impartiality of that person, and before doing so he shall afford an opportunity to the respondent to make representations as to the suitability of that person to be appointed.
(1) The Vicar-General’s court, when exercising its jurisdiction in disciplinary proceedings under this Measure against a bishop, shall consist of five members as follows—
(a) the chairman, who shall be the Vicar-General of the relevant province unless he declares himself to be personally acquainted with the complainant or the respondent, in which case the president of tribunals shall appoint a person to be the chairman from those nominated under section 21(2)(c) above to serve on the relevant provincial panel of the province other than that in which the bishop serves;
(b) two persons in Holy Orders (one of whom shall be in Episcopal Orders) appointed by the president of tribunals;
(c) two lay persons appointed by the president of tribunals from among those nominated under section 21(2)(a) or (3)(a) above to serve on the provincial panel of the province other than that in which the bishop serves.
(2) The Vicar-General’s court, when exercising its jurisdiction in disciplinary proceedings under this Measure against an archbishop of a province, shall consist of five members as follows—
(a) the chairman, who shall be the Vicar-General of the other province unless he declares himself to be personally acquainted with the complainant or the respondent, in which case the president of tribunals shall appoint a person to be chairman from those nominated under section 21(2)(c) above to serve on the provincial panel of the other province;
(b) two persons in Holy Orders (one of whom shall be in Episcopal Orders) appointed by the president of tribunals;
(c) two lay persons appointed by the president of tribunals from among those nominated under section 21(2)(a) or 3(a) above to serve on the provincial panel of the other province.
(3) The president of tribunals shall not appoint any person to be a member of the Vicar-General’s court of a province unless he is satisfied that there is no reason to question the impartiality of that person, and before doing so he shall afford an opportunity to the respondent to make representations as to the suitability of that person to be appointed.
(1) One or more of the following penalties may be imposed on a respondent upon a finding that he has committed any misconduct, namely—
(a) prohibition for life, that is to say prohibition without limit of time from exercising any of the functions of his Orders;
(b) limited prohibition, that is to say prohibition for a specific time from exercising any of the functions of his Orders;
(c) removal from office, that is to say, removal from any preferment which he then holds;
(d) in the case of a minister licensed to serve in a diocese by the bishop thereof, revocation of the licence;
(e) injunction, that is to say, an order to do or to refrain from doing a specified act;
(f) rebuke.
(2) No penalty of removal from office imposed on an archbishop or bishop or on any person holding any preferment the right to appoint to which is vested in Her Majesty (not being a parochial benefice) shall have effect unless and until Her Majesty by Order in Council confirms the penalty.
(1) Where, upon a finding that the respondent has committed any misconduct, the disciplinary tribunal or Vicar-General’s court, as the case may be, is of opinion, having regard to the circumstances including the nature of the misconduct and the character of the respondent, that it is inexpedient to impose a penalty it may make an order discharging him subject to the condition that he commits no misconduct during such period not exceeding two years from the date of the order as may be specified in the order.
(2) Before making an order under subsection (1) above the tribunal or court shall explain to the respondent in ordinary language that if he commits further misconduct during the period specified in the order a penalty may be imposed for the original misconduct.
(3) Where, under subsection (4) below, a penalty is imposed on a person conditionally discharged under subsection (1) above for the misconduct in respect of which the order for conditional discharge was made, that order shall cease to have effect.
(4) If a person in whose case an order has been made under subsection (1) above is found, in disciplinary proceedings under this Measure, to have committed misconduct during the period specified in the order, the disciplinary tribunal or the Vicar-General’s court, as the case may be, may deal with him for the misconduct for which the order was made in any manner in which it could deal with him if it had just found that he had committed that misconduct.
(1) Where by virtue of anything done under this Measure or the 1963 Measure a priest or deacon is prohibited for life or deposed he may make an application to the archbishop concerned for the prohibition or deposition to be nullified on the grounds—
(a) that new evidence has come to light affecting the facts on which the prohibition or deposition was based; or
(b) that the proper legal procedure leading to the prohibition or deposition was not followed.
(2) If the archbishop, on an application made in accordance with subsection (1) above, considers that the prohibition or deposition was not justified he may, after consultation with the Dean of the Arches and Auditor, declare that the prohibition or deposition be nullified, whereupon it shall be treated for all purposes in law as never having been imposed.
(3) This section shall apply to archbishops and bishops who are prohibited for life or deposed as it applies to priests and deacons who are prohibited for life or deposed, with the following adaptations—
(a) in the case of an archbishop, the references to the archbishop concerned shall be read as references to the Dean of the Arches and Auditor and the reference to consultation with him shall be omitted;
(b) in the case of a bishop, the references to the archbishop concerned shall be read as references to the archbishop of the other province.
Where by virtue of anything done under this Measure or the 1963 Measure an archbishop, bishop, priest or deacon is prohibited from exercising functions for a specific time he and the archbishop or bishop of the province or diocese concerned (or his successor in office) acting jointly may make an application to the Dean of the Arches and Auditor sitting with the two Vicars-General for the removal of the prohibition; and on receiving such an application they may make an order removing the prohibition, whereupon he shall be eligible for any preferment.
Where by virtue of anything done under this Measure an archbishop, bishop, priest or deacon is prohibited from exercising functions or removed from office his incapacities shall cease if he receives a free pardon from the Crown and he shall be restored to any preferment he previously held if it has not in the meantime been filled.
Any person (including a person deposed from Holy Orders under the 1963 Measure) who performs in the Church of England any function which, under a penalty imposed on him under this Measure or a censure imposed on him under the 1963 Measure, he is not permitted to perform commits an act of misconduct under this Measure and, in the case of a person deposed from Holy Orders, disciplinary proceedings under this Measure may be instituted against him in respect of the misconduct as if he had not been deposed.
(1) If a person who is a priest or deacon—
(a) is convicted (whether in England or elsewhere) of an offence and a sentence of imprisonment (including one which is not implemented immediately) is passed on him, or
(b) has a decree of divorce or an order of separation made against him following a finding of adultery, behaviour in such a way that the petitioner cannot reasonably be expected to live with the respondent or desertion and, in the case of divorce, the decree has been made absolute,
he shall be liable without further proceedings to a penalty of removal from office or prohibition (whether for life or limited) or both.
(2) Where a person is liable to a penalty of removal from office or prohibition or both by virtue of subsection (1) above and the bishop of the relevant diocese proposes to impose such a penalty, he shall, after consultation with the president of tribunals, inform that person in writing of the proposal, together with an invitation to send representations in writing to the bishop within the period of twenty-eight days. On the expiry of that period the bishop shall decide whether or not to impose the penalty and shall inform that person in writing of the decision. If the decision is to impose the penalty, that person may request the archbishop of the relevant province to review the decision and upon such a review the archbishop may uphold or reverse the decision after consideration of all the circumstances, including any representations made under this subsection.
(3) A penalty shall not be imposed under this section after the expiry of the period of two years beginning with the date on which the sentence becomes conclusive or, as the case may be, the decree absolute or order is made.
(4) Where a penalty is to be imposed under this section, it shall be imposed by the bishop of the relevant diocese, and before imposing it the bishop shall require the registrar of his diocese to give (if it is practicable to do so) not less than fourteen days notice in writing to the priest or deacon concerned of the time and place at which the penalty will be imposed and if the priest or deacon appears at that time and place he shall be entitled to be present when the penalty is imposed.
(5) When imposing a penalty under this section the bishop shall be attended by the registrar of his diocese. The penalty shall be reduced to writing and a copy thereof shall be sent to the archbishop of the province concerned and to the registrar of the diocese concerned.
(6) The functions exercisable under this section by an archbishop shall, during the absence abroad or incapacity through illness of the archbishop or a vacancy in the see, be exercised by the other archbishop.
(7) In this section “relevant diocese” means—
(a) the diocese in which the priest or deacon, in relation to whom a penalty may be imposed under this section, holds preferment at the date on which the sentence which justifies the imposition of the penalty becomes conclusive; or
(b) if at that date he is not holding preferment, but is residing in a diocese, the diocese in which he is residing at that date; or
(c) if at that date he neither holds preferment nor resides in a diocese, the diocese in which he last held preferment before that date or, in the case of a priest or deacon who has not held preferment in any diocese, the diocese in which he was ordained.
(1) If a person who is a bishop or archbishop—
(a) is convicted (whether in England or elsewhere) of an offence and such a sentence as is mentioned in section 30(1) above is passed on him, or
(b) has a decree of divorce or an order of separation made against him following a finding of adultery, behaviour in such a way that the petitioner cannot reasonably be expected to live with the respondent or desertion and, in the case of divorce, the decree has been made absolute,
he shall be liable without further proceedings to a penalty of removal from office or prohibition (whether for life or limited) or both.
(2) Where a person is liable to a penalty of removal from office or prohibition or both by virtue of subsection (1) above and the archbishop concerned proposes to impose such a penalty, he shall, after consultation with the president of tribunals, inform that person in writing of that proposal, together with an invitation to send representations in writing to the archbishop within the period of twenty-eight days. On the expiry of that period the archbishop shall decide whether or not to impose the penalty and shall inform that person in writing of the decision. If the decision is to impose a penalty, that person may—
(a) if he is a bishop, request the other archbishop, or
(b) if he is an archbishop, request the president of tribunals,
to review the decision and upon such a review the archbishop or the president of tribunals, as the case may be, may uphold or reverse the decision after consideration of all the circumstances, including any representations made under this subsection.
(3) A penalty shall not be imposed under this section after the expiry of the period of two years beginning with the date on which the sentence becomes conclusive or, as the case may be, the decree absolute or order is made.
(4) Where a penalty is to be imposed under this section it shall be imposed—
(a) in the case of a person who is a bishop, by the archbishop of the relevant province after consultation with the two senior diocesan bishops of the province, and
(b) in the case of a person who is an archbishop, by the other archbishop after consultation as aforesaid.
(5) When imposing a penalty under this section the archbishop shall be attended by the registrar of his province. The penalty shall be reduced to writing and a copy thereof shall be recorded in the registry of the province concerned and sent to the archbishop concerned.
(6) The functions exercisable under this section by the archbishop of the relevant province shall, during the absence abroad or incapacity through illness of the archbishop or a vacancy in the see, be exercisable by the other archbishop.
(7) In this section “bishop” means any diocesan bishop, any suffragan bishop and any other bishop.
Where a penalty of removal from office or prohibition is imposed on any person pursuant to the provisions of section 30 or 31 above the penalty shall have effect subject to the provisions of sections 24 to 29 above, and the like consequences shall ensue in all respects as if such person had been found to have committed misconduct under this Measure and such a penalty had been imposed on him.
(1) A person in Holy Orders who (whether in England or elsewhere) is convicted of an offence or is arrested on suspicion of committing an offence shall be under a duty, within the period of twenty-eight days following the conviction or arrest,—
(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,
of the conviction or arrest.
(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.
Section 33 above shall apply to 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 as it applies to a person who is convicted of an offence.
(1) The following provisions of the 1963 Measure shall apply for the purpose of this Measure as they apply for the purposes of that Measure, with the adaptations specified in subsection (2) below—
Section 58 (payment of costs)
Section 60 (powers re-costs)
Section 61 (recovery of costs)
Section 62 (payment of expenses)
Section 63 (fees payable)
Section 71 (performance of duties during suspension etc)
Section 72 (occupation of parsonage house)
Section 73 (suspension of penalty during appeal)
Section 74 (restrictions during suspension etc.)
Section 75 (provisions as to lapse on avoidance of preferment)
Section 76 (rights of patronage during suspension etc.)
Section 78 (recording of declarations etc.)
Section 80 (place of sitting)
Section 81 (evidence etc.)
Section 83(2) and (3) (savings).
(2) In the application of those provisions for the purposes of this Measure they shall be read with the following adaptations—
(a) subject to the following provisions of this subsection, for any reference to the 1963 Measure there shall be substituted a reference to this Measure;
(b) for any reference to an offence cognisable under section 14 of the 1963 Measure there shall be substituted a reference to misconduct;
(c) any reference to a court shall be construed as including a reference to a disciplinary tribunal;
(d) for any reference to a declaration made or to be made in accordance with the provisions of the 1963 Measure there shall be substituted a reference to a penalty imposed under section 30 or 31 above;
(e) any reference to a person nominated to promote proceedings shall be construed as a reference to a person who may, by virtue of section 10 above or section 42 below, institute disciplinary proceedings under this Measure;
(f) for any reference to suspension or inhibition there shall be substituted a reference to prohibition;
(g) for any reference to a censure there shall be substituted a reference to a penalty.
(1) Where—
(a) a complaint in writing is made under section 10(1) above against a priest or deacon holding any preferment in a diocese, or
(b) a priest or deacon holding any preferment in a diocese is arrested on suspicion of committing a criminal offence,
the bishop of the diocese may, by notice in writing served on him, suspend him from exercising or performing without the leave of the bishop any right or duty of or incidental to his office:
Provided that, in the case of a complaint made as aforesaid, the priest or deacon shall not be suspended under this subsection unless and until the complaint falls to be considered under section 12(1) above.
(2) The bishop may at any time, by notice in writing served on the priest or deacon concerned, revoke a notice of suspension served under subsection (1) above.
(3) Where a notice of suspension is served under subsection (1) 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 the proceedings under this Measure or for the criminal offence are concluded, whichever occurs earlier, but if the proceedings are not concluded before the expiry of that period a further notice of suspension under subsection (1) above may be served, and this subsection shall apply in relation to the further suspension as it applied to the earlier suspension or suspensions.
(4) Where a notice of suspension is served under subsection (1) above the bishop may, after consultation with the churchwardens and with the incumbent or priest in charge concerned, make such arrangements as he thinks fit for the ministrations of the church or churches concerned while the suspension remains in force.
(5) While a notice of suspension under subsection (1) above remains in force in relation to a priest or deacon he shall not interfere with any person performing the services of a church in pursuance of arrangements made under subsection (4) above, and any such interference shall be regarded as an act in contravention of the laws ecclesiastical for the purposes of section 8(1) above.
(6) A priest or deacon on whom a notice of suspension is served under subsection (1) above may appeal against the suspension to the president of tribunals and on any such appeal the president of tribunals may, within twenty-eight days following the lodging of the appeal, either confirm or revoke the suspension.
(1) Where—
(a) a complaint in writing is made under section 10(1) above against a bishop or archbishop, or
(b) a bishop or archbishop is arrested on suspicion of committing a criminal offence,
the archbishop of the province in which the bishop holds office or, in the case of an archbishop, the other archbishop, may with the consent of the two most senior diocesan bishops in that province or the province of the other archbishop, as the case may be, by notice in writing suspend him from exercising any right or duty of or incidental to his office:
Provided that, in the case of a complaint made as aforesaid, the bishop or archbishop shall not be suspended under this subsection unless and until the complaint falls to be considered under section 12(1) above.
(2) The archbishop may at any time, by notice in writing served on the bishop or archbishop concerned, revoke a notice of suspension served under subsection (1) above.
(3) Where a notice of suspension is served under subsection (1) above the archbishop may, after consultation with the two most senior diocesan bishops of his province, make such arrangements as he thinks fit for the ministrations of the diocese or province concerned while the suspension remains in force.
(4) While a notice of suspension under subsection (1) above remains in force in relation to a bishop or archbishop he shall not interfere with any person performing functions in pursuance of arrangements made under subsection (3) above.
(5) In this section “bishop” means any diocesan bishop, any suffragan bishop or any other bishop.
(6) Subsections (3) and (6) of section 36 above shall apply for the purposes of this section as they apply for the purposes of that section.
(1) Subject to the following provisions of this section, it shall be the duty of the archbishops acting jointly to compile and maintain a list of all clerks in Holy Orders—
(a) on whom a penalty or censure (by consent or otherwise) has been imposed under this Measure or the 1963 Measure; or
(b) who have been deposed from Holy Orders under the 1963 Measure; or
(c) who have executed a deed of relinquishment under the Clerical Disabilities Act 1870 (c. 31); or
(d) who have resigned preferment following the making of a complaint in writing against them under section 10(1) above or under the 1963 Measure; or
(e) who, in the opinion of the archbishops, have acted in a manner (not amounting to misconduct) which might affect their suitability for holding preferment.
(2) Where the archbishop has included a person falling within paragraphs (a) to (d) of subsection (1) above in the list he shall take all reasonable steps to inform that person in writing that he has done so and of the particulars recorded in respect of that person. That person may request the president of tribunals to review the matter and upon such a review the president of tribunals shall direct that that person should continue to be included in the list or should be excluded therefrom and, in the former case, may also direct that the particulars relating to that person should be altered in such manner as may be specified.
(3) Where the archbishop proposes to include a person falling within paragraph (e) of subsection (1) above in the list he shall take all reasonable steps to inform that person in writing of the proposal and the particulars to be recorded, together with an invitation to send comments or representations in writing to the archbishop within the period of twenty-one days. On the expiry of that period the archbishop shall decide whether or not to include that person in the list and shall inform that person in writing of his decision. If the decision is to include that person in the list that person may request the president of tribunals to review the decision and upon such a review the president of tribunals shall uphold or reverse the decision.
(4) It shall be the duty of the archbishop to review the inclusion of a person in the list, in such manner as may be prescribed, on the expiry of the period of five years following the inclusion and also if requested to do so by that person or by the bishop of a diocese:
Provided that that person shall not be entitled to make a request under this subsection within the said period of five years nor within the period of five years following any previous review.
(1) It shall be the duty of the Clergy Discipline Commission to formulate guidance for the purposes of the Measure generally and, with the approval of the Dean of the Arches and Auditor, to promulgate the guidance in a Code of Practice.
(2) The Clergy Discipline Commission may at any time amend or replace a Code of Practice issued under subsection (1) above by a further Code of Practice issued in accordance with the provisions of this section.
(3) A Code of Practice shall be laid before the General Synod and shall not come into force until approved by the General Synod, whether with or without amendment.
(4) Where the Business Committee of the General Synod determines that a Code of Practice does not need to be debated by the General Synod then, unless—
(a) notice is given by a member of the General Synod in accordance with its Standing Orders that he wishes the Code to be debated, or
(b) notice is so given by any such member that he wishes to move an amendment to the Code,
the Code shall, for the purposes of subsection (3) above, be deemed to have been approved by the General Synod without amendment.
(1) Proceedings under this Measure and a conviction by a secular court shall become conclusive for the purposes of this Measure—
(a) where there has been an appeal, upon the date on which the appeal is dismissed or abandoned or the proceedings on appeal are finally concluded, but, if varied on appeal, shall be conclusive only as so varied, and so far as it is reversed on appeal shall cease to have effect;
(b) if there is no such appeal, upon the expiration of the time limited for such appeal, or in the case of a conviction where no time is so limited, of two months from the date of the conviction; and
(c) in the case of a conviction against which there is no right of appeal from the date of the conviction.
(2) After the conviction of a clerk in Holy Orders by a secular court becomes conclusive a certificate of such conviction shall, for the purposes of this Measure be conclusive proof that he has committed the act therein specified.
(3) In the event of any such conviction by a secular court as makes a clerk in Holy Orders subject to removal from any preferment, or renders him liable to proceedings under this Measure the court shall cause the prescribed certificate of the conviction to be sent to the bishop of the diocese in which the court sits, and such certificate shall be preserved in the registry of the diocese, or of any other diocese to which it may be sent by the direction of the bishop.
Any person in respect of whom a penalty of removal from office or revocation of a licence to serve in a diocese is imposed under this Measure and subsequently revoked on appeal shall be entitled to compensation, and the provisions of Schedule 4 to the Pastoral Measure 1983 (1983 No. 1) shall apply in relation to such a person as they apply to an incumbent of a benefice deemed to be vacated by virtue of section 25 of that Measure.
(1) In the application of this Measure to the following—
Cathedral clergy
Chaplains of prisons, hospitals, universities, schools and institutions in an extra-parochial place
Chaplains of the armed forces of the Crown
Ministers who have a licence from the archbishop of a province to preach throughout the province
Ministers who have a licence from the University of Oxford or Cambridge to preach throughout England
it shall be read with the following adaptations.
(2) In the case of a clerk in Holy Orders serving in a cathedral church, disciplinary proceedings may be instituted only by—
(a) a person nominated by the council of the cathedral church; or
(b) any other person, if the diocesan bishop concerned determines that that person has a proper interest in making the complaint.
(3) In the case of a chaplain of a prison, hospital, university, school or other institution, disciplinary proceedings may be instituted only by a person duly authorised by the diocesan bishop concerned to institute such proceedings.
(4) In the case of a chaplain of one of the armed forces of the Crown—
(a) disciplinary proceedings may be instituted only if the archbishop of Canterbury determines that the person concerned has a proper interest in making the complaint;
(b) the complaint shall be laid before the archbishop of Canterbury and references to the diocesan bishop concerned shall be construed as references to that archbishop.
(5) In the case of a minister who has a licence from the archbishop of a province—
(a) disciplinary proceedings may be instituted only by a person duly authorised by the archbishop to institute such proceedings;
(b) the complaint shall be laid before that archbishop and references to the diocesan bishop concerned shall be construed accordingly.
(6) In the case of a minister who has a licence from the University of Oxford or Cambridge—
(a) disciplinary proceedings may be instituted only by a person duly authorised by the archbishop of Canterbury to institute such proceedings;
(b) the complaint shall be laid before that archbishop and references to the diocesan bishop concerned shall be construed accordingly.