UK: Ecclesiastical Jurisdiction & Clergy Conduct Rules Enacted

New rules, made under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018, are being implemented in the United Kingdom to give effect to provisions of the Clergy Conduct Measure 2026 (“the CCM”). This development, identified as a 'Correction Slip' on legislation.gov.uk, signals a significant update to the regulatory framework governing the conduct of clergy within the Church of England, indicating that the substantive provisions of the 2026 Measure are now being operationalised through detailed procedural rules.

This legal development holds substantial significance for practitioners specialising in ecclesiastical law, charity law, and regulatory compliance, as it introduces or refines the procedural mechanisms for addressing clergy conduct issues. The implementation of these rules means that the Church of England's disciplinary processes, which operate under a distinct legal system alongside secular law, are undergoing a material change. Attorneys advising dioceses, parochial church councils (PCCs), individual clergy, or complainants will need to familiarise themselves thoroughly with these new provisions to ensure compliance and effective representation. The update underscores a continued focus on accountability and governance within religious institutions, reflecting broader societal expectations for transparency and robust disciplinary procedures.

The legal context for these rules is rooted in the unique legislative framework of the Church of England, where Measures passed by its General Synod and subsequently given Royal Assent have the same force as Acts of Parliament. The Ecclesiastical Jurisdiction and Care of Churches Measure 2018 serves as the enabling legislation, providing the statutory authority under section 83 for the creation of these specific rules. The Clergy Conduct Measure 2026, which these rules carry into effect, is the substantive legislation that will define the standards of conduct expected of clergy and the framework for addressing breaches. This system operates through a hierarchy of ecclesiastical courts, including Consistory Courts at the diocesan level and the Arches Court of Canterbury and the Chancery Court of York as provincial appellate courts, all of which may be impacted by the procedural changes introduced by these new rules.

Key parties involved in this regulatory landscape include the General Synod of the Church of England, which legislates through Measures, and the various ecclesiastical courts responsible for their enforcement. The primary regulated parties are the clergy of the Church of England, whose professional conduct will be governed by the Clergy Conduct Measure 2026 and these new implementing rules. Legal professionals, including solicitors and barristers, who advise on matters of church law, safeguarding, and professional discipline, are crucial intermediaries in navigating this complex framework. The specific details of the rules, including their commencement date and any transitional provisions, are not reported in the excerpt, but their existence indicates an imminent or ongoing shift in practice.

Practitioners should immediately monitor the full text of these new Rules and the Clergy Conduct Measure 2026 as they become publicly available on legislation.gov.uk to understand their precise scope, commencement dates, and any transitional arrangements. It is imperative to review and update internal policies and advice given to clients, including diocesan authorities, PCCs, and individual clergy, regarding disciplinary procedures, standards of conduct, and potential jurisdictional implications. Attorneys should also anticipate potential changes to the operation of ecclesiastical courts or disciplinary tribunals and prepare to advise on the updated processes for investigations, hearings, and appeals concerning clergy conduct. This proactive approach will be essential for ensuring clients remain compliant and effectively manage any conduct-related issues under the new regime.