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(1) In this Measure, unless the context otherwise requires–
“the 1963 Measure” means the Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1);
“the Commission” means the Clergy Discipline Commission;
“designated officer” means an officer of the legal office of the National Institutions of the Church of England designated by the Archbishops' Council for the purposes of this Measure;
“diocese” means a diocese in the province of Canterbury or a diocese in the province of York and “diocesan” shall be construed accordingly;
“disciplinary tribunal” means a bishop’s disciplinary tribunal constituted in accordance with section 22 above;
“high judicial office” has the meaning assigned to it by section 25 of the Appellate Jurisdiction Act 1876 (c. 59);
“limited prohibition” has the meaning assigned to it by section 24(1)(b) above;
“misconduct” means any act or omission referred to in section 8(1) above.
“preferment” includes an archbishopric, a bishopric, archdeaconry, dignity or office in a cathedral or collegiate church, and a benefice, and every curacy, lectureship, readership, chaplaincy, office or place which requires the discharge of any spiritual duty;
“prescribed” means prescribed by rules made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1);
“prohibition for life” has the meaning assigned to it by section 24(1)(a) above and “prohibited for life” shall be construed accordingly;
“relevant province” means, according to the context, the province of Canterbury or the Province of York;
“resident” means ordinarily resident;
“Vicar-General’s court” means the Vicar-General’s court constituted in accordance with section 23 above.
(2) For the purposes of this Measure an extra-diocesan place (including any place exempt or peculiar other than a Royal Peculiar) which is surrounded by one diocese shall be deemed to be situate within that diocese, and an extra-diocesan place which is surrounded by two or more dioceses shall be deemed to be situate within such one of them as the archbishop of the relevant province may direct.
(3) For the purposes of this Measure the seniority of diocesan bishops (other than archbishops) shall be determined by reference to the length of time that each of them has held office as diocesan in either province without interruption from any cause.
(1) In section 95 of the Pluralities Act 1838 (c. 106) at the end there shall be inserted the words “And provided further that the power conferred by this section shall not be exercised by reason of any act or omission referred to in section 8(1) of the Clergy Discipline Measure 2003.”
(2) The 1963 Measure shall have effect subject to the amendments specified in Schedule 1 to this Measure.
(3) In section 5(5) of the Ecclesiastical Judges and Legal Officers Measure 1976 (1976 No. 2) for the words “date of service of the instrument” there shall be substituted the words “service of the instrument or such earlier date as the archbishop or bishop, as the case may be, may allow”.
(4) In section 10 of the Ecclesiastical Fees Measure 1986 (1986 No. 2)—
(a) in the definition of “ecclesiastical judges” after the words “Commissary General” there shall be inserted the words “, the president and deputy president of tribunals for the purposes of the Clergy Discipline Measure 2003”;
(b) in the definition of “legal officers” after the words “provincial registrars,” there shall be inserted the words “the registrar of tribunals for the purposes of the Clergy Discipline Measure 2003,”.
(5) In the first column of the table in Schedule 1 to the Church of England (Legal Aid) Measure 1994 (1994 No. 3)—
(a) in item 1 after the words “before any” there shall be inserted the words “disciplinary tribunal”, and at the end there shall be inserted the words “or of misconduct under the Clergy Discipline Measure 2003”;
(b) in item 3 after the word “committee” there shall be inserted the words “and including also that Schedule as applied by section 41 of the Clergy Discipline Measure 2003”.
(1) Rules made under section 26(1) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1) may make provision for carrying into effect the provisions of this Measure and, accordingly, in that subsection after paragraph (e) there shall be inserted the words—
“(f) the Clergy Discipline Measure 2003;”.
(2) In section 26(2) of that Measure—
(a) in paragraph (a) for the words from “commissions” to “Measures 1990 and 1994”, there shall be substituted the words “disciplinary tribunals, commissions, committees and examiners provided for in the 1963 Measure, the Care of Cathedrals Measures 1990 and 1994 or the Clergy Discipline Measure 2003”;
(b) in paragraph (c) after the word “courts,” there shall be inserted the words “disciplinary tribunals,”;
(c) after paragraph (c) there shall be inserted the words “(cc) the procedure and practice where complaints are referred to registrars under section 11 of the Clergy Discipline Measure 2003”.
(3) In section 25(2)(c) of that Measure after the words “1963 Measure” there shall be inserted the words “or disciplinary proceedings under the Clergy Discipline Measure 2003,”.
The enactments specified in Schedule 2 to this Measure are hereby repealed to the extent specified in the second column of the Schedule .
(1) Nothing in this Measure shall affect any proceedings instituted under Part III of the 1963 Measure or declaration made under Part IX thereof before the date on which section 8 above comes into operation, and the provisions of that Measure shall continue to apply in relation to any such proceedings or declaration as if this Measure had not been passed.
(2) Proceedings under this Measure may be instituted in relation to misconduct committed before the date on which section 8 above comes into operation:
Provided that the provisions of the 1963 Measure shall continue to apply in relation to any offence under that Measure committed before that date which does not constitute misconduct under this Measure as if this Measure had not been passed.
(3) This Measure shall not affect any censure, deposition, declaration of deprivation and disqualification or notice of inhibition imposed under the 1963 Measure, but any such censure, or declaration shall be deemed for the purposes of this Measure to be a penalty imposed under this Measure of the kind corresponding to the censure or declaration, and sections 26 to 29 above shall have effect in relation thereto accordingly.
(4) Sections 30 and 31 above shall apply in relation to sentences of imprisonment passed before, as well as after, the date on which those sections come into operation.
(1) This Measure may be cited as the Clergy Discipline Measure 2003.
(2) This Measure shall come into operation on such date as the archbishops of Canterbury and York may jointly appoint, and different dates may be appointed for different provisions.
(3) This Measure shall extend to the whole of the Provinces of Canterbury and York except the Channel Islands and the Isle of Man, but the provisions thereof may be applied to the Channel Islands as defined in the Channel Islands (Church Legislation) Measures 1931 and 1957, or either of them, in accordance with those Measures and if an Act of Tynwald or an instrument made in pursuance of an Act of Tynwald so provides, shall extend to the Isle of Man subject to such exceptions, adaptations or modifications as may be specified in the Act of Tynwald or instrument.
Clergy Discipline Measure 2003