31 Sentences of imprisonment and matrimonial orders;
bishops and archbishops
(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,
(b)if he is an archbishop, request the president
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
(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.
32 Consequences of penalties imposed under section
30 or 31
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
33 Duty to disclose criminal convictions and arrests
(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
(c)in the case of an archbishop, to inform the other
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.
34 Duty to disclose divorce and separation orders
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.