Chapter IX: The Tribunal and the Courts of the Church in Wales

Part I: General

 

 

1.

 

For all purposes of the Tribunal and the Courts of the Church in Wales:

(a)     a Member of the Church in Wales is a person on whom the Constitution is binding by virtue of Chapter I section 2; and

(b)     a person is legally qualified if he or she is a member of the Bar of England and Wales or a Solicitor of the Senior Courts of England and Wales.

 

 

2.

 

It shall be the duty of every Member of the Church in Wales to attend and give evidence, when duly summoned to do so, at any investigation or proceedings held under the authority of the Constitution.

 

 

3.

 

Every person called as a witness at any investigation or proceedings held as aforesaid shall, before giving evidence, make a solemn declaration that he or she will speak the truth, the whole truth, and nothing but the truth.

 

 

4.

 

(1)     If any Member of the Church in Wales shall wilfully and without sufficient cause neglect or refuse to attend and give evidence when duly summoned to do so at any investigation or proceedings held under the authority of the Constitution, the Tribunal or the Provincial Court may by order declare vacant any office in the Church in Wales (including membership of any body in the Church in Wales) to which such Member may have been elected or appointed, and thereupon such office may be filled in due course as if that Member had died. The Tribunal or the Provincial Court may further, by order, declare that such Member be deprived of or suspended from the right to vote in the Church in Wales.

 

(2)     The Tribunal or the Provincial Court on making an order under subsection (1), shall give notice thereof to the Secretaries of the Governing Body, the Secretary of the Representative Body, the Secretary of any body of the Church in Wales of which the party affected is a member, and the Secretary of the Parochial Church Council of any Parish in which such party either holds office or resides.

 

5.

 

The purported exercise of a vote by any Member who is suspended from voting under the provisions of sections 4(1), 17(a) and 34 shall not invalidate any proceedings in which such vote may be given.

 

 

6.

 

There shall be a Rule Committee of the Tribunal and the Courts of the Church in Wales as set out in Part VI.

 

 

7.

 

All fees payable in respect of cases heard by the Tribunal or any of the Courts of the Church in Wales shall be paid to and collected by the Registrar of the Tribunal or of any such Court, who shall account for such fees quarterly to the Representative Body.

 

 

Part II: The Tribunal and the Courts

 

 

8.

 

(1)     There shall be a Disciplinary Tribunal of the Church in Wales which shall be constituted as provided in Part III.

 

(2)     The Courts of the Church in Wales shall be:

(a)     a Diocesan Court in each diocese, constituted as provided in Part IV and

(b)     the Provincial Court, constituted as provided in Part V.

 

(3)     Subject to the provisions of the Constitution, the power of the Archbishop, a Diocesan Bishop, and the Provincial Court shall include that of passing sentence of monition, suspension or expulsion from office in the Church in Wales.
 

 

Part III: The Disciplinary Tribunal

 

 

9.

There shall be a Disciplinary Tribunal of the Church in Wales which shall have power to hear and determine a complaint, whensoever it arises, of:

(a)     teaching, preaching, publishing or professing, doctrine or belief incompatible with that of the Church in Wales;

(b)     neglect of the duties of office, or persistent carelessness or gross inefficiency in the discharge of such duties;

(c)     conduct giving just cause for scandal or offence;

(d)     wilful disobedience to or breach of any of the provisions of the Constitution or of the Statement of Terms of Service published pursuant to the Clergy Terms of Service Canon 2010;

(e)     wilful disobedience to or breach of any of the rules and regulations of the Diocesan Conference of the Diocese in which such person holds office or resides;

(f)     disobedience to any judgement, sentence or order of the Archbishop, a Diocesan Bishop, the Tribunal, or any Court of the Church in Wales

made against any of the following who, at the date of the conduct giving rise to the complaint or at the date of the complaint was:

(i)     a Cleric who held a licence granted by a Bishop of the Church in Wales;
(ii)    a Cleric who held Permission to Officiate granted by a Bishop of the Church in Wales;
(iii)    a Cleric in receipt of a pension or entitled to a deferred pension benefit from the Church in Wales;
(iv)    a cleric in receipt of any emolument or other financial benefit from the Church in Wales;

(v)    a person in training for an authorised ministry in the Church in Wales, sponsored for such training by a Bishop of the Church in Wales, and who had agreed in writing to be bound by the provisions of this section;

(vi)   a Churchwarden or Sub-warden who held office in a parish of the Church in Wales;

(vii)   a lay member of the Church in Wales who held a licence, permission to officiate or commission issued by or on behalf of a Bishop of the Church in Wales.
 

 
Composition

 

10.

 

(1)     There shall be 24 members of the Tribunal appointed as follows:

(a)     six members appointed by the Bench of Bishops;

(b)     twelve clerical members, two from each diocese, elected by the Order of the Clergy of the Diocesan Conference of that diocese;

(c)     two legally qualified members being Chancellors or persons eligible to be a Chancellor appointed by the Standing Committee of the Governing Body;

(d)     two members, each being either medically qualified or a trained counsellor, appointed by the Standing Committee of the Governing Body; and

(e)     two lay persons, being Members of the Church in Wales, appointed by the Standing Committee of the Governing Body.

 

(2)     In any case in which a Bishop or an Assistant Bishop is the subject of a reference to the Tribunal the membership of the Tribunal shall include a Diocesan Bishop or an Assistant Bishop, nominated by the President, who shall serve as a full member of the Tribunal dealing with the case for which he is nominated.

 

(3)     Five members of the Tribunal, two of whom shall be clerical members including at least one elected under subsection (1)(b), shall form a quorum of the Tribunal and their decision or the decision of the majority of them shall be the decision of the Tribunal.

 

(4)     When a Diocesan Conference elects clerical members pursuant to subsection 1(b) it shall at the same time make a supplemental list of two clerical members from which a casual vacancy in the appointments made under subsection (1)(b) shall be filled.

 

 

11.

 

(1)     Subject to subsections (4) and (5) there shall be a Committee of the Tribunal the role of which shall be to decide in respect of each reference whether or not there is a case to answer.

 

(2)     The membership of the Committee shall comprise a minimum of three persons drawn from the membership of the Tribunal, one of whom shall be a clerical member elected under section 10(1)(b).

 

(3)     In any case in which a Bishop or an Assistant Bishop is the subject of a reference to the Tribunal the membership of the Committee shall include a Bishop or an Assistant Bishop nominated by the President who shall serve as a full member of the Committee dealing with the case for which he is nominated.

 

(4)     Subject to subsection (5) the parties to a reference may by consent agree to dispense with consideration of the reference by the Committee and elect to proceed directly to a full hearing.

 

(5)     Where a reference to the Tribunal is based on facts on which the respondent has been convicted of a criminal offence the President or other legally qualified member of the Tribunal appointed by the President for the purpose may order that the reference shall proceed immediately to a full hearing without the need for consideration by the Committee.

 

(6)     No member who has served on the Committee in respect of a reference shall serve on the Tribunal in respect of the same reference.

 

 

12.

 

No member of the Tribunal shall be removed from office except by order of the Bench of Bishops confirmed by separate majorities of the Orders of the Clergy and the Laity of the Governing Body.

 

13.

 

Members of the Tribunal shall hold office for five years and be eligible for re-appointment, save that membership shall cease on the member’s seventieth birthday or earlier on retirement in the case of a member who is a Cleric except for the purpose of completing the hearing of a complaint in which the member is already engaged.

 

 

14.

 

Any vacancy among the membership shall be filled by appointment in the same manner as the original appointment. The person so appointed shall serve for the remainder of the term of office of the member whom he or she replaces, being eligible for reappointment for a further term or terms of office in any of the categories set out in section 10(1).

 

 

15.

 

The Tribunal may, if it thinks fit, summon for its assistance one or more persons of skill and experience in a matter to which the proceedings relate, to act as assessors.

 

 

16.

 

There shall be a President of the Tribunal appointed by the Standing Committee of the Governing Body from among the legally qualified members of the Tribunal.

 

 

17.

 

Powers

 

The Tribunal shall have power:

(a)     to suspend from any preferment, office, membership of a body or the right to vote in the Church in Wales any person in respect of whom a reference has been made and is under investigation by the Tribunal until the hearing and determination of the complaint and the Bishop of the diocese of such a person may make arrangements for carrying out the duties of that person during such suspension; and

(b)     to order that a suspended Cleric or deaconess shall not reside in the Parsonage as defined in Chapter VII section 1(d), or retain possession of the glebe lands during suspension, and that such Cleric or deaconess shall deliver up all books, keys and other property held by him or her by virtue of office to such person or persons as the Tribunal may appoint to have custody thereof for and on behalf of the Representative Body.

 

18.

 

The powers of the Tribunal shall include the making of a judgement, sentence or order of:

(a)     absolute discharge;

(b)     conditional discharge;

(c)     rebuke;

(d)     monition;

(e)     inhibition;

(f)      disqualification;

(g)     deprivation or suspension of preferment, office, membership of a body or right to vote, in the Church in Wales; and

(h)     deposition from Holy Orders and expulsion from the office of Cleric in the Church in Wales.

 

 

19.

 

A Cleric in respect of whom an order is made by the Tribunal that the Cleric be deposed from Holy Orders and expelled from the office of Cleric in the Church in Wales may appeal within 28 days from the date of the judgement by delivering written notice of appeal to the Registrar of the Provincial Court.

 

 

20.

 

Appointment of Registrar of the Tribunal

 

The Tribunal shall from time to time as occasion may require appoint fit and proper persons to be Registrar and one or more Deputy Registrars who:

(a)     shall be over the age of thirty and legally qualified;

(b)     shall be paid for their services such sums as the Representative Body shall think fit; and

(c)     shall hold office for five years and shall be eligible for re-appointment save that they shall retire from office not later than their sixty-fifth birthday.

 

Part IV: The Diocesan Court

 

 

21.

 

Composition

 

(1)     The members of the Diocesan Court shall be the Chancellor, the Deputy Chancellor (if any) and the Archdeacons of the diocese.

 

(2)     The Chancellor, who shall be appointed as provided in section 24, shall be the President of the Diocesan Court.

 

(3)     The Archdeacons shall not sit as members of the Court when it is dealing with an application brought under section 22(a).

 

 

Jurisdiction

 

22.

 

The Diocesan Court shall have power to hear and determine:

(a)     applications for faculties in the diocese;

(b)     complaints against Churchwardens and lay Parochial Church Councillors in their role as such, and disputes with regard to their election;

(c)     matters referred to it by provisions in the Constitution; and

(d)     any dispute between a Member of the Church in Wales and the Diocesan Board of Finance, Diocesan Parsonage Board, Diocesan Board of Nomination, Deanery Conference or Chapter, Vestry or Parochial Church Council, or between any such bodies, the determination of which is not otherwise provided for by the Constitution;

(e)     any other matters previously dealt with by the Archdeacon’s Court.

 

23.

 

Faculty procedure

 

(1)     Faculty procedure shall apply to:

(a)     consecrated churches and consecrated land vested for a freehold or lesser estate in the Representative Body of the Church in Wales, in a Diocesan Board of Finance, or in any other trustees who agree to be so bound;

(b)     unconsecrated churches, unconsecrated churchyards and unconsecrated burial grounds which are:

(i)  listed under the appropriate legislation as being of special architectural or historic interest; or

(ii)     situated in a conservation area; or

(iii)    subject to such procedure by virtue of a written decree by the Bishop of the diocese.

 

(2)     Churches, churchyards and burial grounds subject to faculty procedure by virtue of subsection (1)(b)(iii) shall cease to be so subject if the Bishop of the diocese so decrees in writing.

 

(3)     A decree made pursuant to subsection (1)(b)(iii) or to subsection (2) shall be lodged in the diocesan registry and a copy thereof sent by the Registrar to the Representative Body and to the Secretary of the Parochial Church Council concerned.

 

(4)     Where faculty procedure applies, none of the following shall commence without the grant of a faculty:

(a)     any change of use of a church or land (other than to use by another denomination, effected by agreement under the Sharing of Church Buildings Act 1969, or any statutory amendment or re-enactment thereof);

(b)     any alteration, addition or repair to, decoration, redecoration or demolition of or removal from the fabric of a church or land;

(c)     the introduction, removal, or alteration or repositioning of furniture, fittings, murals, monuments (including gravestones), plate and other precious objects, into, from or in, a church or land, or the repair of any such furniture, fittings, murals or objects (other than in the case of a loan to a museum or similar institution);

(d)     the acquisition of a permanent or exclusive right of burial in any grave, grave space, vault or tomb;

(e)     the removal of a corpse, or human or cremated remains, from an existing grave, vault or tomb;

save that:

(i)        paragraphs (a) (b) and (c) shall not apply where approval is granted under the Regulations for the Administration of Churchyards;

 

(ii)       this subsection shall not apply when and so far as any work is urgently necessary in the interest of safety or health, or for the preservation of the building, and is limited to the minimum measures reasonably necessary, provided that notice in writing, justifying in detail the carrying out of the work, shall be given as soon as reasonably practicable to the Representative Body, the Incumbent or Cleric-in-charge, the Churchwardens, the Parochial Church Council and the Diocesan Registrar, so far as any of them is not a party promoting the work;

(iii)     this subsection shall not apply to such minor matters as the Rule Committee of the Disciplinary Tribunal and the Courts of the Church in Wales shall from time to time determine.

 

(5)     Any reference in this section to a church or land shall include any part or parts of such church or land and any fixture or fixtures therein or thereon.

 

(6)     The grant or refusal of a faculty shall be evidenced in writing signed by the Chancellor.

 

 

24.

 

Appointment of the Chancellor of the Diocese

 

(1)     The Bishop shall, from time to time as occasion may require, appoint a fit and proper person to be Chancellor of the diocese and of the Diocesan Court.

 

(2)     The person appointed Chancellor shall be a Communicant over the age of thirty years, legally qualified and also qualified to be a member of the Governing Body.

 

(3)     The Bishop may, from time to time as occasion may require, appoint a fit and proper person to act as Deputy Chancellor and every person so appointed shall have all the powers and may perform all the duties of the Chancellor for whom he or she is appointed to act, provided always that every Deputy Chancellor shall fulfil the requirements of subsection (2).

 

(4)     Every Chancellor and Deputy Chancellor not having previously resigned or been removed from office shall retire on his or her seventieth birthday; provided that the Bishop may in his absolute discretion postpone the date of such retirement for not more than two consecutive periods of twelve months.

 

(5)     No Chancellor or Deputy Chancellor shall be removed from office except by order of the Bishop, confirmed by the Provincial Court.

 

(6)     The offices of Chancellor and Deputy Chancellor shall be honorary.

 

(7)     All the powers and duties of a Chancellor as set out in his or her Deed of Appointment shall continue to be exercisable notwithstanding a vacancy in the see, without the necessity for a further Deed of Appointment during a vacancy.

 

25.

 

(1)     The Chancellor shall hear and determine in chambers any question as to the fees payable to the Diocesan Court or the Registrar.

 

(2)     An appeal shall lie to the Provincial Court from the Chancellor’s decision upon any question as to such fees, and the decision of the Provincial Court thereon shall be final.

 

(3)     Written notice of any appeal referred to in subsection (1) shall be delivered to the Registrar of the Provincial Court within 28 days from the date of the decision which is the subject of the appeal.

 

 

26

 

Subject to the provisions of the Constitution, each Chancellor, with respect to the granting of marriage licences and the appointment of surrogates, shall, in addition to any jurisdiction or powers conferred upon him or her by the Constitution, have the jurisdiction and powers (except as to fees) to which a Chancellor was entitled on 30th March 1920, and shall exercise such jurisdiction and powers according to the law and practice at that time prevailing.

 

 

27.

 

Appointment of the Diocesan Registrar

 

(1)     The Bishop shall, from time to time as occasion may require, appoint a fit and proper person to be Registrar of the diocese and of the Diocesan Court.

 

(2)     The person appointed Registrar shall be over the age of thirty years and legally qualified.

 

(3)     The Bishop may, from time to time as occasion may require, appoint a fit and proper person to act as Deputy Registrar, and every person so appointed shall have all the powers and may perform all the duties of the Registrar for whom he or she is appointed to act, provided always that every Deputy Registrar shall fulfil the requirements of subsection (2).

 

(4)     Every Diocesan Registrar and Deputy Registrar not having previously resigned or been removed from office shall, if holding office on 17 April 1980, retire on his or her seventy-fifth birthday, and if appointed to office after that date retire on his or her seventieth birthday.

 

(5)     No Diocesan Registrar or Deputy Registrar shall be removed from office except by order of the Bishop and any such Registrar or Deputy Registrar shall have a right of appeal to the Provincial Court against the order within a period of six weeks after receipt by him or her of notice of the making of the order.

 

(6)     The Registrar shall be entitled to a salary to be fixed and paid by the Diocesan Board of Finance.

 

(7)     The Bishop, on the appointment of a Deputy Registrar, may indicate in writing to the Diocesan Board of Finance what proportion, if any, of the salary of the Registrar shall be paid to the Deputy, and thereafter the Diocesan Board of Finance shall pay the Registrar and the Deputy in accordance with the proportion indicated by the Bishop.

 

(8)     All the powers and duties of a Registrar as set out in his or her Deed of Appointment shall continue to be exercisable notwithstanding a vacancy in the see, without the necessity for a further Deed of Appointment during a vacancy.

 

 

28.

 

Every Chancellor and Deputy Chancellor, before entering upon the duties of office, shall make and sign in the presence of the Bishop a declaration in the following form:

I, J… S…, do hereby solemnly declare that I am a Communicant over thirty years of age, legally qualified and also qualified to be a member of the Governing Body of the Church in Wales, and that I do not belong to any religious body which is not in communion with the Church in Wales.

 

 

Part V: The Provincial Court

 

Composition

 

29.

 

(1)     The Provincial Court shall consist of four ecclesiastical Judges and six lay Judges, to be appointed by the Bench of Bishops which shall likewise from time to time nominate one of the lay Judges to be President of the Court.

 

(2)     The ecclesiastical  Judges of the Provincial Court shall be clerics of not less than fifteen years’ standing in Holy Orders who are not retired and who have not reached their seventieth birthdays; the lay Judges of the Court shall be Communicants over the age of thirty-five years and under the age of seventy-five and legally qualified.

 

(3)     Such Judges must be qualified to be members of the Governing Body of the Church in Wales or of the General Synod of the Church of England, and before entering upon the duties of their office shall make and sign in the presence of a Diocesan Bishop a declaration in the following form:

I, J… S…, do hereby solemnly declare that

(a)     I have been ordained for more than fifteen years,

          or

(b)     I am a Communicant over thirty-five years of age, legally qualified and that I am qualified to be a member of the Governing Body of the Church in Wales (or of the General Synod of the Church of England), and that I do not belong to any religious body which is not in communion with the Church in Wales.

 

(4)     In any case in which a Bishop or an Assistant Bishop is the subject of an appeal to the Provincial Court from the Tribunal the membership of the Provincial Court shall include a Bishop or an Assistant Bishop who has not been previously involved at any stage of the case nominated by the President and who shall serve as a full member of the Court dealing with the case for which he is nominated.

 

(5)     Subject to the provisions of this chapter, no Judge shall be removed from office except by order of the Bench of Bishops, confirmed by separate majorities of the Orders of the Clergy and the Laity of the Governing Body.

 

(6)

(a)     Subject to paragraph (b) each Judge shall hold office for seven years or until resignation or removal from office but shall be eligible for reappointment.

(b)     Each Judge shall cease to hold office in the case of an ecclesiastical Judge on his or her retirement or on reaching the Judge’s seventieth birthday whichever is the earlier and in the case of a lay Judge upon his or her seventy-fifth birthday except in either case for the purpose of completing the hearing of a case in which the Judge is already engaged.

 

(7)     The Bench of Bishops shall fill any judicial vacancy in the Provincial Court by appointing an ecclesiastical or a lay Judge, as the case may be, in the same manner and upon the same conditions as obtained in the original appointment.

 

 

30.

 

One ecclesiastical and two lay Judges shall form a quorum of the Provincial Court, and their judgement or the judgement of the majority of them shall be the judgement of the Court.

 

31.

 

No Judge shall be disqualified or prevented from hearing and determining a case by reason of the fact that such Judge is a member of a body in the Church in Wales which is a party to the proceedings, save that on the hearing of a case involving a Member of the Church in Wales neither the Bishop nor the Chancellor of any diocese in which such member either holds office or resides shall sit.

 

 

Jurisdiction

 

32.

 

(1)     The Provincial Court shall have power to hear and determine:

(a)     appeals from a Diocesan Court;

(b)     appeals from the Disciplinary Tribunal;

(c)     appeals with reference to institutions, collations, nominations to cures, and rights of appointment relating to Clerics;

(d)     any other appeals or matters referred to it in accordance with the Constitution.

 

(2)     The Provincial Court shall arbitrate:

(a)     any dispute between a Member of the Church in Wales and the Representative Body;

(b)     any dispute between a Member of the Church in Wales and a Diocesan Conference; and

(c)     any other appeal or matter referred to it in accordance with the Constitution.

 

(3)     Written notice of any appeal referred to in subsection (1) shall be delivered to the Registrar of the Provincial Court within 28 days of the date of the decision being given which is the subject of the appeal.

 

 

33.

 

The decision of the Provincial Court on the appeal or the arbitration shall be final and the Provincial Court shall give notice thereof to the Secretaries of the Governing Body, the Secretary of the Representative Body, the Secretary of any body in the Church in Wales of which the party affected is a member and the Secretary of the Parochial Church Council of any Parish or Benefice in which such party either holds office or resides.

 

34.

 

The Provincial Court may suspend a person or any body of the Church in Wales (except the Governing Body or the Representative Body) for neglecting or refusing to obey any judgement, sentence or order, as the case may be, of the Archbishop, a Diocesan Bishop or any Court provided always that no order suspending a Diocesan Conference shall be valid without the consent of the Bishop.

 

 

35.

 

Appointment of Registrar of the Provincial Court

 

(1)     The Provincial Court shall, from time to time as occasion may require, appoint a fit and proper person to be Registrar of the Court.

 

(2)     The person appointed Registrar shall be a communicant over the age of thirty years, legally qualified and qualified to be a member of the Governing Body.

 

(3)     The Registrar shall be entitled to a salary to be fixed and paid by the Representative Body of the Church in Wales.

 

(4)     The Registrar not having previously resigned or been removed from office shall retire on his or her seventieth birthday.

 

(5)     The Registrar shall not be removed from office except by order of the President of the Provincial Court and the Registrar shall have the right of appeal against such order.

 

(6)     The procedure to be adopted in respect of any such appeal shall be as follows:

(a)     notice of appeal shall be given in writing to the Archbishop’s Registrar within a period of  28 days after receipt by the Registrar of the Provincial Court of notice of the making of the order;

(b)     the appeal shall be heard by a panel of five members appointed by the Archbishop in accordance with the next following sub-paragraph after consultation with the other members of the Bench of Bishops;

(c)     the panel shall comprise members qualified to be members of the Governing Body, of whom two shall be clerics and three shall be lay members, two of which lay members shall be legally qualified;

(d)     the panel shall settle its own rules of procedure; and

(e)     the decision of the panel shall be final.

 

(7)     The Registrar shall hold office subject to the foregoing and subject also to any further terms or conditions laid down by the Provincial Court.

 

36.

 

(1)     In case of the illness or temporary incapacity of the Registrar, the Provincial Court may appoint a fit and proper person to act as Deputy Registrar during such illness or incapacity, and every person so appointed shall have all the powers and perform all the duties of the Registrar for whom he or she is appointed to act, provided always that every Deputy Registrar shall fulfil the requirements of section 35(2).

 

(2)     The Deputy Registrar shall be paid for his or her services such sum as the Representative Body shall think fit.

 

 

37.

 

The Registrar of the Provincial Court, and any Deputy Registrar thereof, before entering upon the duties of office, shall make and sign in the presence of a Judge of the Provincial Court a declaration in the following form:

I, J… S…, do hereby solemnly declare that I am a Communicant over thirty years of age, legally qualified and also qualified to be a member of the Governing Body of the Church in Wales, and that I do not belong to any religious body which is not in communion with the Church in Wales.

 

 

Part VI: The Rule Committee

 

 

The Rule Committee of the Tribunal and the Courts of the Church in Wales

 

38.

 

(1)     There shall be a Rule Committee of the Tribunal and Courts of the Church in Wales which shall make and publish rules for carrying into effect the provisions of the Constitution including provisions relating to faculties and for regulating all matters whatsoever relating to the administration, practice and procedure of the Tribunal or any of the Courts of the Church in Wales.

 

(2)     The Rule Committee may from time to time alter or vary the rules.

 

(3)     The Rule Committee shall consist of one ecclesiastical and two lay Judges of the Provincial Court nominated by the President of the Provincial Court, two lay members of the Tribunal nominated by the President of the Tribunal and two Chancellors who are not already members of the Committee.

 

(4)     The failure of a member of the Rule Committee to attend a meeting shall not prevent the Committee proceeding with the despatch of business nor invalidate its proceedings.

 

(5)     A copy of any new rule made by the Rule Committee shall be signed by three or more members of the Committee and be deposited with the Registrar of the Provincial Court who, as soon as practicable thereafter, shall send a certified copy of such new rule to each Judge of the Provincial Court, each member of the Tribunal, the Registrar of the Tribunal, each Diocesan Chancellor and each Diocesan Registrar.  For the purpose of this subsection any rule in which a change is made shall be deemed to be a new rule.

 

 

Part VII: Miscellaneous powers and provisions relating to Diocesan Bishops

 

 

39.

 

A Diocesan Bishop shall have power to suspend from office, until the hearing and determination of a case, any person holding office in his diocese against whom a charge is pending, and to make arrangements for carrying out the duties of that office during such suspension.

 

 

40.

 

A Diocesan Bishop shall have the power to order that a suspended Cleric or deaconess shall not reside in the Parsonage as defined in Chapter VII section 1(d) or retain possession of the glebe lands during suspension, and that such Cleric or deaconess shall deliver up all books, keys and other property held by him or her in virtue of office to such person or persons as the Bishop may appoint to have custody thereof for and on behalf of the Diocesan Board of Finance.

 

 

41.

 

It shall be lawful for the Diocesan Bishop, by writing under his hand, to order that any stipend otherwise payable to a suspended Cleric or deaconess, or any part of such stipend, shall be sequestered for such period and subject to such conditions as the Bishop may think fit, and the Bishop shall forward a copy of the order to the Secretary of the Diocesan Board of Finance, who shall carry out the terms thereof.

 

 

42.

 

(1)     Upon the expiry of the period for the giving of notice of any appeal or upon the dismissal of an appeal by the Provincial Court in relation to a Cleric against whom an order has been made that the Cleric be deposed from Holy Orders and expelled from the office of Cleric in the Church in Wales, the Bishop of the Diocese in which the Cleric holds office or resides shall:

(i)      execute a Deed of Deposition; and

(ii)     cause the same to be enrolled in the Registry of the Archbishop of Wales.

 

(2)     The Archbishop’s Registrar shall forthwith deliver an office copy of the enrolment of the Deed to the Cleric and to the Diocesan Bishop and shall give notice to the Archbishop of having done so.

 

(3)     Upon receipt of the office copy of the enrolment of the Deed, the Diocesan Bishop shall cause the Deed to be recorded in the Registry of the Diocese, and thereupon and thenceforth (but not sooner) the same consequences shall ensue with regard to the person deposed and expelled in the Deed as if he or she had executed, enrolled and recorded a Deed of Relinquishment.

 

(4)     Upon the making by the Tribunal of an order of deprivation or suspension and upon the expiry of the period for giving notice of any appeal or upon the dismissal of an appeal by the Provincial Court in relation to a Cleric against whom such an order has been made on making an order of such deprivation or suspension the Diocesan Bishop shall give notice thereof to the Secretaries of the Governing Body, the Secretary of the Representative Body, the Secretary of any body in the Church in Wales of which the party effected is a member, and the Secretary of the Parochial Church Council of any Parish in which such party either holds office or resides.

 

 

Part VIII – Visitations

 

 

43.

 

(1)     Archiepiscopal Visitations shall be held as heretofore, and the law and practice relating thereto shall be that prevailing on 30 March 1920.

 

(2)     Episcopal Visitations shall be held at such intervals as the Bishop may decide, and the form of such a Visitation shall be determined by the Bishop.

 

(3)     Archdeacons shall conduct regular Visitations of all Parishes in their archdeaconries, and subject to any direction by the Governing Body the form of such a Visitation shall be determined by the Archdeacon.

 

Part IX – Archbishop’s Registrar’s List

 

 

44.

 

(1)     Subject to the following provisions of this section, it shall be the duty of the Archbishop’s Registrar to maintain a list of all Clerics:

(a)     on whom a penalty or censure (by consent or otherwise) has been imposed under this chapter; or

(b)     who have been deposed from Holy Orders; or

(c)     who have resigned preferment following the making of a complaint in writing against them to the Bishop;

and such list shall comprise particulars of the penalty or censure or details of the complaint which led to the resignation.

 

(2)     Where the Archbishop’s Registrar has included a person falling within paragraphs (a) or (c) of subsection (1) in the list he or she shall take all reasonable steps to inform that person in writing that he or she has done so and of the particulars recorded in respect of that person. That person may request the President of the Provincial Court to review the matter and upon such a review the President of the Provincial Court shall direct that that person should continue to be included in the list or should be excluded there from and, in the former case, may also direct that the particulars relating to that person should be altered in such a manner as he may specify.

 

(3)     It shall be the duty of the Archbishop’s Registrar 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.