Clergy Discipline Measure 2003
Last amended by Clergy Discipline (Amendment) Measure 2016 in 2016. Improved safeguarding procedures, introduced suspension powers pending investigation, and strengthened protections for complainants.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Clergy Discipline Measure 2003 established the current system for dealing with misconduct by Church of England clergy. It replaced the Ecclesiastical Jurisdiction Measure 1963 for disciplinary matters, creating a more modern and accessible process while retaining bishop's tribunals for serious cases.
Key Points
- Defines misconduct including conduct unbecoming, neglect of duty, and offences (s.8)
- Creates complaint procedure to bishop (s.10)
- Bishop may refer to designated officer or handle informally
- Establishes bishop's disciplinary tribunal for serious cases (s.20)
- Penalties range from rebuke to prohibition for life (s.24)
- Appeals to Court of Arches or Chancery Court (s.28)
Parts & Sections
Amendments History
2016 — Clergy Discipline (Amendment) Measure 2016
Improved safeguarding procedures, introduced suspension powers pending investigation, and strengthened protections for complainants.
Frequently asked questions
- What is the purpose of the Clergy Discipline Measure 2003?
- The Clergy Discipline Measure 2003 established the current system for handling misconduct by Church of England clergy. It replaced the Ecclesiastical Jurisdiction Measure 1963 for disciplinary matters, aiming to create a more modern and accessible process while retaining bishop's tribunals for serious cases.
- What counts as misconduct for a Church of England clergy member?
- Misconduct is defined as doing an act in breach of ecclesiastical law, failing to do an act required by ecclesiastical law, doing any act that is conduct unbecoming their office, or neglecting or inefficiently performing their duties. These definitions apply to a clerk in Holy Orders.
- How does the complaint process work for clergy misconduct?
- The Measure creates a procedure for making complaints to the bishop. The bishop may then refer the matter to a designated officer or handle it informally. For serious cases, the bishop may refer the matter to a bishop's disciplinary tribunal.
- What penalties can be imposed for clergy misconduct?
- Penalties for misconduct range from a rebuke to prohibition for life. The specific penalty depends on the severity of the case and is determined through the disciplinary process, which may involve a bishop's tribunal for serious matters.
- How was the Clergy Discipline Measure amended in 2016?
- The Clergy Discipline (Amendment) Measure 2016 improved safeguarding procedures, introduced suspension powers pending investigation, and strengthened protections for complainants. These amendments updated the original 2003 Measure to address modern concerns.
- Where can appeals be made against a clergy disciplinary decision?
- Appeals from disciplinary decisions can be made to the Court of Arches or the Chancery Court. This provides a higher judicial avenue for reviewing outcomes from the bishop's disciplinary tribunal or other disciplinary proceedings.