2022 No. 118

Ecclesiastical Law, England

The Safeguarding (Code of Practice) Measure 2021 (Commencement and Transitional Provision) Order 2022

Made27th January 2022

The Archbishops of Canterbury and York, in exercise of the powers conferred by section 3 of the Safeguarding (Code of Practice) Measure 2021¹, make the following Order:

1 Citation and interpretation¶

1 This Order may be cited as the Safeguarding (Code of Practice) Measure 2021 (Commencement and Transitional Provision) Order 2022.

2 In this Order—

“the 2016 Measure” means the Safeguarding and Clergy Discipline Measure 2016², and
“the 2021 Measure” means the Safeguarding (Code of Practice) Measure 2021.

2 Commencement on 1st March 2022¶

Sections 1 and 2 of the 2021 Measure come into force on 1st March 2022.

3 Transitional provision¶

1 Despite the repeal by section 2(1) of the 2021 Measure of section 5(1) of the 2016 Measure (duty to have due regard to guidance)—

a any guidance issued by the House of Bishops on a matter relating to the safeguarding of children and vulnerable adults continues in operation until a code of practice under section 5A of the 2016 Measure which relates to that matter comes into operation, and

b section 5(1) of the 2016 Measure continues to apply in relation to guidance which continues in operation under sub-paragraph (a) but with “relevant person” having the meaning given in section 5A of the 2016 Measure.

2 Despite the substitution by section 2(4) of the 2021 Measure of section 8(1)(aa) of the Clergy Discipline Measure 2003³ (misconduct), section 8(1)(aa) of that Measure continues to apply in the form it took immediately before that substitution in the case of a failure to comply with the duty under section 5(1) of the 2016 Measure (as modified by paragraph (1)(b)).

3 In paragraph (1), “children” and “vulnerable adults” each have the meaning given in section 6 of the 2016 Measure.

Footnotes

1
2021 No. 3.
2
2016 No. 1.
3
2003 No. 3. Paragraph (aa) of section 8(1) was inserted by section 5(3) of the 2016 Measure.