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Statutory Instruments

2022 No. 118

Ecclesiastical Law, England

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

Made

27th January 2022

The Archbishops of Canterbury and York, in exercise of the powers conferred by section 3 of the Safeguarding (Code of Practice) Measure 2021( 1 ), make the following Order:

Citation and interpretation

1. —(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 2016( 2 ), and

the 2021 Measure ” means the Safeguarding (Code of Practice) Measure 2021.

Commencement on 1st March 2022

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

Transitional provision

3. —(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 2003( 3 ) (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.

+ Justin Cantuar

Archbishop of Cantebury

+ Stephen Ebor

Archbishop of York

27th January 2022

( 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.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Safeguarding (Code of Practice) Measure 2021 (Commencement and Transitional Provision) Order 2022 (2022/118)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
children art. 3. def_83601c49fb
relevant person art. 3. def_9b9d742898
the 2016 Measure art. 1. def_0b84edc032
the 2021 Measure art. 1. def_24909494e9
vulnerable adults art. 3. def_f3d0c3f802

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