The Faculty Jurisdiction Rules 2013

• Citation: S.I. 2013/1916
• Sections: 129

Section 1.1 Overriding objective

(1) The overriding objective of these Rules is to enable the court to deal with cases justly.

(2) Dealing with a case justly includes, so far as practicable—

(a) ensuring that the parties are on an equal footing;

(b) saving expense;

(c) dealing with the case in ways that are proportionate to the importance of the case and the complexity of the issues; and

(d) ensuring that it is dealt with expeditiously and fairly.

Section 1.2 Application by the court of the overriding objective

The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by these Rules; or

(b) interprets any rule.

Section 1.3 Duty of the parties

The parties are required to help the court further the overriding objective.

Section 1.4 Court’s duty to manage cases

(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes—

(a) encouraging the parties and any other persons concerned in the proceedings to co-operate with each other—

(i) in the conduct of the proceedings, and

(ii) in resolving, as far as possible, matters that are in dispute between them;

(b) identifying the issues at an early stage;

(c) deciding promptly which issues (if any) need full investigation and a hearing in court and accordingly disposing of others summarily or on consideration of written representations;

(d) deciding the order in which issues are to be resolved;

(e) fixing timetables or otherwise controlling the progress of the case;

(f) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(g) dealing with as many aspects of the case as the court can on the same occasion;

(h) dealing with the case without the parties needing to attend court;

(i) making effective use of technology; and

(j) giving directions to ensure that the resolution of a case proceeds quickly and efficiently.

Section 1.5 Case management powers

The court’s case management powers are set out in Part 17.

Section 2.1 Application of the Rules

These Rules apply to all proceedings in consistory courts relating to—

(a) the faculty jurisdiction;

(b) injunctions; and

(c) restoration orders.

Section 2.2 Interpretation

(1) In these Rules—

“ the archdeacon ” means the archdeacon of the archdeaconry in which the church, churchyard or other building or place to which the proceedings relate is situated or, where an instrument made under section 9(1) of the Church of England (Miscellaneous Provisions) Measure 1983 is in force, the person appointed to perform the functions of the archdeacon to which these Rules relate;

“ article ” includes any article appertaining to a building which is subject to the faculty jurisdiction by virtue of an order made under section 11(4) of the Measure;

“ the chancellor ” means the chancellor (or, in the case of the diocese of Canterbury, the Commissary General) of the diocese in which the church, churchyard or other building or place to which the proceedings relate is situated and includes any person appointed to act as deputy chancellor;

“ church ” includes—

any building which is licensed for public worship according to the rites and ceremonies of the Church of England and is subject to the faculty jurisdiction, and

the curtilage of a church unless the contrary intention appears;

“ churchyard ” includes a consecrated burial ground not adjacent to the church;

“ confirmatory faculty ” means a faculty which validates any act requiring a faculty which has been done without prior authorisation by faculty;

“ costs ” includes costs and expenses which a person may be ordered to pay under section 13(1) of the Measure;

“ the court ” means the consistory court of the diocese (or, in the case of the diocese of Canterbury, the Commissary Court)

“ English Heritage ” means the Historic Buildings and Monuments Commission for England;

“ exhumation ” includes the removal of a body (or part of a body) or of cremated human remains from a catacomb, mausoleum, vault or columbarium;

“ injunction ” means an injunction issued under section 13(4) of the Measure;

“ interim faculty ” means a faculty issued under Part 14;

“ interim injunction ” means an injunction issued under rule 15.6;

“ listed building ” has the same meaning as it has in the Planning (Listed Buildings and Conservation Areas) Act 1990 ;

“ listed church ” means a church which is a listed building;

“ the Measure ” means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;

“ minister ”, in relation to a parish, has the same meaning as in the Measure;

“ national amenity society ” has the same meaning as in the Measure;

“ the registrar ” means the registrar of the diocese in which the church, churchyard or other building or place to which the proceedings relate is situated and includes any person appointed to act as deputy registrar;

“ the registry ” means the diocesan registry of the diocese in which the church, churchyard or other building or place to which the proceedings relate is situated;

“ the relevant person or body ” means, in relation to a building which is included in the list maintained by the Church Buildings Council under section 1(1) of the Care of Places of Worship Measure 1999 , the person or body entitled to make an application in respect of the building by virtue of paragraph 1 of Schedule 1 to that Measure;

“ restoration order ” means an order made under section 13(5) of the Measure.

(2) These Rules apply to proceedings in the Commissary Court of Canterbury as they apply to proceedings in a consistory court.

(3) A reference in these Rules to a numbered form is a reference to the form bearing that number in Schedule 3.

(4) A reference in these Rules to a building included in the list maintained by the Church Buildings Council under section 1(1) of the Care of Places of Worship Measure 1999 includes—

(a) any curtilage, monument, object or structure included in the list under section 1(4) of that Measure; and

(b) any object or structure fixed to the building.

(5) For the purposes of these Rules, faculty proceedings are opposed only if there is a party opponent to the proceedings and references to a petition or to proceedings being opposed or unopposed are to be construed accordingly.

Section 2.3 Time

(1) This rule shows how to calculate any period of time for doing any act which is specified by these Rules.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule ‘clear days’ means that in computing the number of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs

are not included.

(4) Where the specified period is—

(a) 5 days or less; and

(b) includes—

(i) a Saturday or Sunday; or

(ii) a Bank Holiday, Christmas Day or Good Friday,

that day does not count.

(5) When the period specified by these Rules for doing any act in respect of the registry ends on a day on which the registry is closed, that act shall be in time if done on the next day on which the registry is open.

Section 3.1 Seeking the advice of the Diocesan Advisory Committee

(1) Before commencing proceedings in the consistory court, intending applicants should seek the advice of the Diocesan Advisory Committee on the works or other proposals in respect of which a faculty, injunction or restoration order is to be sought unless paragraph (2) applies.

(2) The advice of the Diocesan Advisory Committee is not required if the proceedings—

(a) relate exclusively to—

(i) exhumation, or

(ii) the reservation of a grave space; or

(b) are sufficiently urgent to justify the grant of a faculty, the issue of an injunction or the making of a restoration order without obtaining the Committee’s advice.

Section 3.2 Documents etc. to be submitted to the Diocesan Advisory Committee

(1) Except in a case to which rule 3.5(2) applies (trees), intending applicants must submit the following to the Diocesan Advisory Committee when seeking its advice—

(a) the standard information in Form 1A (where advice is being sought pursuant to a resolution of the parochial church council) or Form 1B (where advice is being sought by the relevant person or body) (but see paragraph (2));

(b) a summary of the works or other proposals on which advice is being sought;

(c) any relevant designs;

(d) any relevant plans;

(e) any relevant photographs;

(f) any other documents giving particulars of the works or other proposals;

(g) any relevant correspondence received from the Church Buildings Council; and

(h) in the case of works that fall within paragraph 1 of Schedule 1, the information and other documents required to be provided to the Committee by paragraph 7 of that Schedule.

(2) If the intending applicants have previously submitted the standard information required by paragraph (1)(a) to the Diocesan Advisory Committee they need not do so again unless the information that was previously submitted has changed.

Section 3.3 Proposals involving changes to listed buildings: statements of significance and needs

(1) Where proposals involve making changes to a listed church or other listed building intending applicants must provide the Diocesan Advisory Committee with—

(a) a document which describes—

(i) the significance of the church or other building in terms of its special architectural and historic interest (including any contribution made by its setting) and

(ii) any significant features of artistic or archaeological interest that the church or other building has

so as to enable the potential impact of the proposals on its significance, and on any such features, to be understood (a “statement of significance”); and

(b) a document setting out the justification for the proposals (commonly known as a “statement of needs”).

(2) If proposals are likely to result in harm to the significance of the church or other building as a building of special architectural or historic interest, the document setting out the justification for the proposals must set out the basis on which it is said that the proposals would result in public benefit that outweighs that harm.

Section 3.4 Consultation with English Heritage, amenity societies and the local planning authority in certain cases

(1) Schedule 1 makes provision for intending applicants to consult the following bodies in certain cases—

(a) English Heritage;

(b) any national amenity society which has an interest in the proposals; and

(c) the local planning authority.

(2) Intending applicants should refer to Schedule 1 and follow the steps set out there if proposals—

(a) involve alteration to or the extension of a listed building to such an extent as would be likely to affect its character as a building of special architectural or historic interest;

(b) are likely to affect the archaeological importance of a building or archaeological remains within the building or its curtilage; or

(c) involve demolition affecting the exterior of an unlisted building in a conservation area.

Section 3.5 Trees

(1) When considering whether proposals for planting, felling or for works to a tree or trees require a faculty, intending applicants must have regard to the written guidance given by the chancellor to all parochial church councils in the diocese as to the planting, felling, lopping and topping of trees in churchyards and in cases of doubt they should consult the registrar.

(2) Where intending applicants are proposing to plant, fell or carry out works to a tree or trees in a churchyard for which a faculty is required they must complete Part 1 of Form 15 and send it, together with the standard information in Form 1A, to the Diocesan Advisory Committee when seeking its advice.

(3) If the standard information required by paragraph (2) has previously been submitted to the Diocesan Advisory Committee the intending applicants need not submit it again unless the information that was previously submitted has changed.

Section 3.6 Giving of Diocesan Advisory Committee’s advice

(1) In the case of works or other proposals in respect of which a faculty is to be sought, the Diocesan Advisory Committee’s advice must be given in a notification of advice in Form 2.

(2) The notification of advice must state whether the Diocesan Advisory Committee—

(a) recommends the works or proposals for approval by the court;

(b) does not recommend the works or proposals for approval by the court; or

(c) does not object to the works or proposals being approved by the court.

(3) If the notification of advice recommends the works or proposals for approval by the court it must include a statement that the advice does not constitute authority for carrying out the works or other proposals and that a faculty is required.

(4) If the notification of advice does not recommend the works or proposals for approval by the court it must include—

(a) the Committee’s principal reasons for giving that advice; and

(b) a statement that despite the Committee’s advice, the intending applicants may, if they wish, petition the court for a faculty authorising the works or other proposals.

(5) If the notification of advice does not object to the works or proposals being approved by the court—

(a) the Committee must consider whether to include its principal reasons for giving that advice; and

(b) the notification of advice must include a statement that the advice does not constitute authority for carrying out the works or other proposals and that a faculty is required.

(6) A notification of advice may include a recommendation that the intending applicants should consult any of the following about all or some of the works or other proposals on which the advice of the Diocesan Advisory Committee has been sought—

(a) English Heritage;

(b) the local planning authority;

(c) one or more of the national amenity societies;

(d) the Church Buildings Council;

(e) any other body or person.

(7) The Committee must include a recommendation that the intending applicants consult a body mentioned in paragraph (6)(a) to (c) if it appears to the Committee that its advice relates to works in respect of which Schedule 1 provides for that body to be consulted and that the relevant consultation has not already taken place.

(8) The Committee must include a recommendation that the intending applicants consult the Church Buildings Council if it appears to the Committee that its advice relates to a proposal to which rule 8.6 applies (proposals affecting articles of particular historic, architectural, archaeological or artistic interest) and the Council has not already been consulted.

(9) In the case of works or other proposals in respect of which an injunction or restoration order is to be sought—

(a) the Committee’s advice must be given in the form of a report or letter; and

(b) paragraphs (6) to (8) are to apply to that report or letter as they apply to a notification of advice given under paragraph (1).

Section 3.7 Interim faculties and interim injunctions

This part is without prejudice to the court’s power at any time to grant an interim faculty under Part 14 or an interim injunction under rule 15.6.

Section 4.1 Parties to proceedings

(1) The parties to faculty proceedings are—

(a) the petitioner (or petitioners);

(b) any party opponent; and

(c) any person added as a party by the court by way of special citation.

(2) Rule 4.2 sets out the procedure under which a person may submit a petition for a faculty to the court.

(3) A person who submits a petition is referred to as a petitioner.

(4) Rules 8.5 and 9.4 make provision for a person to become a party opponent.

(5) Rule 18.4 makes provision for the addition of a person as a party by way of special citation.

Section 4.2 How to start faculty proceedings – the petition

(1) Proceedings for obtaining a faculty are started by submitting a petition to the court.

(2) A petition may be submitted by—

(a) the archdeacon (or in certain circumstances a person appointed by the bishop to act in place of the archdeacon);

(b) the minister and churchwardens of the parish concerned;

(c) the relevant person or body (in the case of a building included in the list maintained by the Church Buildings Council under section 1(1) of the Care of Places of Worship Measure 1999); or

(d) any other person appearing to the court to have a sufficient interest in the matter.

(3) A petition is submitted to the court by sending it to the diocesan registry.

(4) The fact that the petitioner has not complied with rule 3.1(1) (which makes provision for intending applicants to seek the advice of the Diocesan Advisory Committee) does not prevent proceedings for obtaining a faculty from being started.

(5) Paragraph (4) is without prejudice to rule 6.2 (which makes provision for the chancellor to seek the advice of the Diocesan Advisory Committee).

Section 4.3 Form of petition – general

(1) Where proceedings are to be started pursuant to a resolution of the parochial church council the petition must be in Form 3A except in a case to which paragraph (3) or rule 4.4 (trees) applies.

(2) Where the proceedings are to be started by the relevant person or body (in the case of a building included in the list maintained by the Church Buildings Council under section 1(1) of the Care of Places of Worship Measure 1999) the petition must be in Form 3B except in a case to which paragraph (3) applies.

(3) Where a faculty is sought—

(a) for exhumation,

(b) for the reservation of a grave space, or

(c) in relation to a memorial in a churchyard or consecrated burial ground,

the petition must be in a form approved for that purpose by the chancellor under rule 19.6(2).

Section 4.4 Form of petition – trees

Where a petition relates to proposals for planting, felling or carrying out works to a tree or trees in a churchyard or consecrated burial ground the petition must be in Form 15.

Section 4.5 Content of petition

(1) The works or other proposals in respect of which a faculty is sought must be fully and accurately stated in the schedule of works or proposals contained in the petition (or, in the case of a petition which is not required to be in Form 3A or 3B, in the relevant part of the petition).

(2) The works or other proposals must be the same as those in respect of which the Diocesan Advisory Committee has given any advice under rule 3.6 (subject to any modifications to the works or proposals that have been made in order to take account of advice received by the petitioner under Part 3).

Section 4.6 Documents etc. to accompany petition

(1) Where proceedings are started pursuant to a resolution of the parochial church council the standard information required by Form 1A must be submitted with the petition.

(2) Where the proceedings are started by the relevant person or body (in the case of a building included in the list maintained by the Church Buildings Council under section 1(1) of the Care of Places of Worship Measure 1999) the standard information required by Form 1B must be submitted with the petition.

(3) The following are also to be submitted with every petition—

(a) the Diocesan Advisory Committee’s notification of advice (except in a case to which rule 3.1(2) or 4.2(4) applies);

(b) any relevant designs;

(c) any relevant plans;

(d) any relevant photographs;

(e) any other documents giving particulars of the works or proposals; and

(f) copies of any relevant correspondence received from a body mentioned in rule 3.6(6).

Section 4.7 Register of petitions

(1) The registrar must notify the secretary of the Diocesan Advisory Committee of the details of every petition submitted to the registry for which the advice of the Committee is required under these Rules.

(2) Notification must be in Form 10.

(3) The secretary of the Diocesan Advisory Committee must enter the details notified in the register of petitions maintained on behalf of the Committee.

Section 4.8 Display of petition and associated documents etc. in church

(1) Where changes to a church or other building are proposed a copy of the petition and of any designs, plans, photographs and other documents that were submitted with it must be displayed—

(a) in the church or building to which the works or other proposals relate; or

(b) at another place where they may conveniently be inspected by the public and which is identified in a notice displayed both inside and outside the church or the building.

(2) The petition, designs, plans photographs and other documents must remain on display until the petition has been determined.

(3) The chancellor or registrar may direct that paragraphs (1) and (2) are not to apply in a particular case.

Section 5.1 Requirement for public notice

(1) Subject to paragraphs (2) and (3), every petition for a faculty is subject to the requirements of rules 5.2 to 5.5 as to the giving of public notice.

(2) Rule 5.6 (exhumation, reservation of grave space and other special cases) makes special provision which applies instead of the requirements of rules 5.2 to 5.5.

(3) The chancellor may dispense with the giving of public notice in accordance with rule 5.7.

Section 5.2 Form of public notice

(1) Except where paragraph (2) applies the public notice must be in Form 4A.

(2) Where the proceedings are to be started by the relevant person or body (in the case of a building included in the list maintained by the Church Buildings Council under section 1(1) of the Care of Places of Worship Measure 1999) the public notice must be in Form 4B.

(3) Every public notice must—

(a) describe the works or other proposals in the same way as they are described in the schedule of works or proposals in the petition; and

(b) contain the other details required by the relevant form.

Section 5.3 Display of public notice etc.

(1) Not later than the day on which the petition is submitted to the diocesan registry (or on a later day if the chancellor so directs) the petitioner must—

(a) display the public notice in accordance with paragraph (2) if a petitioner is the minister, a churchwarden or a parochial church council (or a person acting on its behalf);

(b) display the public notice in accordance with paragraph (3) if the petitioner is the relevant person or body; and

(c) send a copy of the public notice to the registry.

(2) Where a petitioner is the minister, a churchwarden or a parochial church council (or a person acting on its behalf) the public notice must be displayed as follows—

(a) it must be displayed for a continuous period of 28 days;

(b) in the case of a petition relating to a parish church or its churchyard, it must be displayed at the parish church;

(c) in the case of a petition relating to a church or place of worship, or any churchyard belonging to it, which is not a parish church, it must be displayed at the church or place of worship and also at the parish church (or each of the parish churches) of the parish;

(d) in the case of a petition relating to any other churchyard or consecrated burial ground, it must be displayed at the parish church (if any) and at the churchyard or burial ground in question;

(e) where the public notice is displayed in accordance with paragraphs (b) or (c) it must be displayed—

(i) inside the church on a notice board or in some other prominent position; and

(ii) on a notice board outside the church or in some other prominent position (whether on the church door or elsewhere) so that it can be read by the public;

(f) where the public notice is displayed in accordance with paragraph (d) it must be displayed on a notice board outside the parish church (if any) and on a notice board or other suitable place at the churchyard or burial ground in question so that it can be read by the public.

(3) Where the petitioner is the relevant person or body the public notice must be displayed as follows—

(a) it must be displayed for a continuous period of 28 days;

(b) it must be displayed—

(i) inside the building to which the proposals relate on a notice board or in some other prominent position; and

(ii) on a notice board outside the building or in some other prominent position (whether on the outside of the building or elsewhere) so that it can be read by the public.

Section 5.4 Directions by registrar as to public notice

If the registrar considers that any of the following apply the registrar must give directions to the petitioner to meet the circumstances of the case—

(a) the works or proposals are not adequately described in the public notice;

(b) a copy of the public notice should be displayed inside or outside any other church or place of worship in the parish concerned;

(c) a copy of the public notice should be displayed in some prominent position elsewhere in the parish concerned (whether inside or outside a building) so that it can be read by the public;

(d) a copy of the public notice should be displayed in a place or places other than or in addition to those specified in rule 5.3(3)(b);

(e) the public notice should be displayed for longer than 28 days.

Section 5.5 Return of public notice to registrar

Once the period of 28 days required by rule 5.3(2)(a) or (3)(a), or such longer period as may have been directed under rule 5.4, has expired the petitioner must send to the registrar the public notice (or a copy of the public notice) with a completed certificate of publication.

Section 5.6 Exhumation, reservation of grave space and other special cases

(1) Where paragraph (2) applies the registrar must—

(a) complete the public notice; and

(b) give directions for the display of the public notice in accordance with any directions in that regard given by the chancellor or otherwise as the registrar thinks fit having regard to the matters in rule 5.4(b) to (d).

(2) This paragraph applies where—

(a) the petition relates exclusively to exhumation or to the reservation of a grave space, or

(b) the petitioner is not the minister or a churchwarden, a parochial church council (or a person acting on its behalf) or the relevant person or body.

(3) In the case of a petition that relates exclusively to exhumation, the chancellor may dispense with the giving of public notice if satisfied that any near relatives of the deceased still living and any other persons who in the opinion of the chancellor it is reasonable to regard as being concerned with the matter—

(a) are petitioners; or

(b) consent to the proposed faculty being granted.

(4) In any other case of a petition that relates exclusively to exhumation, the chancellor may dispense with the giving of public notice and may direct that any of the persons referred to in paragraph (3) who are not petitioners be given special notice.

Section 5.7 Emergencies etc. – dispensing with giving of public notice

(1) An order may be made under this rule in any case where the chancellor is satisfied—

(a) that the petition is concerned with addressing an emergency that involves interests of safety or health, or the preservation of a church or part of it, and is of sufficient urgency to justify the grant of a faculty without the giving of public notice under rules 5.1 to 5.6; or

(b) that other factors mean that it would not be expedient to require the giving of public notice under those rules.

(2) An order made under this rule may—

(a) dispense with the giving of public notice under those rules; and

(b) having regard to all the circumstances, contain directions for a specified period of notice to be given to such persons or bodies as the chancellor thinks fit.

Section 5.8 Interim faculties

This Part is without prejudice to the court’s power at any time to grant an interim faculty under Part 14.

Section 6.1 Jurisdiction of court exercised by chancellor

(1) Except as otherwise provided by these Rules, the jurisdiction of the court is to be exercised by the chancellor.

(2) Part 7 provides for the exercise of the court’s jurisdiction by the archdeacon in certain cases.

(3) Parts 8 to 15 make provision for the procedure to be followed where the jurisdiction of the court is exercised by the chancellor.

Section 6.2 Chancellor to have advice of Diocesan Advisory Committee

(1) Unless paragraph (2) or (3) applies, the chancellor must seek the advice of the Diocesan Advisory Committee before—

(a) making a final determination in faculty proceedings;

(b) issuing a permanent injunction; or

(c) making a restoration order.

(2) If the Diocesan Advisory Committee has given its advice under rule 3.6 in respect of the works or other proposals not more than 24 months before the submission of the petition and the Committee confirm in writing that they do not wish to alter that advice, the chancellor may proceed to do any of the things mentioned in paragraph (1)(a) to (c) without seeking further advice from the Committee.

(3) The chancellor may proceed to do any of the things mentioned in paragraph (1)(a) to (c) without seeking the advice of the Diocesan Advisory Committee if—

(a) the proceedings relate exclusively to exhumation or the reservation of a grave space; or

(b) the chancellor is satisfied that the matter is sufficiently urgent to justify the grant of a faculty, the issue of an injunction or the making of a restoration order without obtaining the Committee’s advice.

(4) This rule is without prejudice to the court’s power at any time to grant an interim faculty under Part 14 or an interim injunction under rule 15.6.

Section 6.3 Reasons for grant of faculty or dismissal of petition

(1) Where an unopposed petition gives rise to a question of law or of doctrine, ritual or ceremonial or relates to proposals that affect the legal rights of any person or body, and the chancellor decrees the grant of a faculty but does not give judgment in court or hand down a written judgment, the chancellor must record in summary form the reasons for granting the faculty.

(2) Where a faculty is granted in opposed proceedings or where in any proceedings a petition is dismissed (in whole or in part) the chancellor must give a judgment in court or hand down a written judgment which contains the reasons for the grant or dismissal.

Section 6.4 Issue of faculty

(1) If the chancellor decrees the grant of a faculty the registrar must, subject to any directions given by the chancellor, issue the faculty in Form 6.

(2) If a faculty is granted subject to conditions they must be set out in the faculty.

(3) The registrar must send the faculty to the petitioner.

(4) The registrar must also send the petitioner a certificate of practical completion of works in Form 7 unless the chancellor directs otherwise.

Section 7.1 Exercise of faculty jurisdiction by archdeacon

(1) The archdeacon is to exercise the faculty jurisdiction of the court in accordance with this Part.

(2) The archdeacon may not exercise the court’s jurisdiction under Part 14 (interim faculties) or Part 15 (injunctions and restoration orders).

Section 7.2 Allocation of petitions to archdeacon

(1) If each of the following requirements is satisfied the registrar must allocate the petition to the archdeacon—

(a) the petition relates only to works or other proposals specified in Schedule 2;

(b) the works do not fall within rule 8.3 (works requiring the giving of special notice to certain bodies);

(c) the petition is unopposed and no objection in accordance with rule 9.2 has been received by the registrar;

(d) the Diocesan Advisory Committee recommends the works or proposals for approval by the court or does not object to the works or proposals being approved by the court.

(2) This rule is subject to rules 7.7 to 7.11.

(3) Where a petition is allocated to the archdeacon the registrar must send the following to the archdeacon—

(a) the petition;

(b) any documents or other materials submitted by the petitioner in accordance with rule 4.6(3) (including the Diocesan Advisory Committee’s notification of advice).

Section 7.3 Determination of petition by archdeacon

Subject to the following provisions of this Part, the archdeacon to whom a petition is allocated under rule 7.2 must determine that petition.

Section 7.4 Archdeacon to have advice from the Diocesan Advisory Committee

(1) If the Diocesan Advisory Committee has given a notification of advice under rule 3.6 in respect of the works or other proposals not more than 24 months before the submission of the petition and the Committee confirm in writing that they do not wish to alter that advice, the archdeacon may proceed to determine the petition without seeking further advice from the Committee.

(2) If paragraph (1) does not apply, the archdeacon must first seek the advice of the Diocesan Advisory Committee in respect of the works or other proposals to which it relates before determining the petition.

Section 7.5 Endorsement of petition by archdeacon etc.

An archdeacon who determines a petition must endorse the petition or the court file with his or her determination and return it, and any other documents relating to it, to the registrar.

Section 7.6 Issue of faculty

(1) If the archdeacon decrees the grant of a faculty and both the requirements of paragraph (2) are met, the registrar must issue the faculty in Form 6.

(2) The requirements that must be met before the registrar issues the faculty are that—

(a) the period within which an interested person is entitled to object under rule 9.2 has expired; and

(b) no letter of objection under that rule has been received by the registrar within that period.

(3) If a faculty is granted subject to conditions they must be set out in the faculty.

(4) The registrar must send the faculty to the petitioner together with a certificate of practical completion of works in Form 7.

Section 7.7 Further conduct of proceedings where objections received

(1) If an objection in accordance with rule 9.2 is received by the registrar before the archdeacon has determined the petition the registrar must immediately notify the archdeacon who must immediately return the petition to the registrar for referral to the chancellor for determination.

(2) If an objection in accordance with rule 9.2 is received after the archdeacon has endorsed the petition or the court file with his or her determination that determination is to be of no effect and the registrar must refer the petition to the chancellor for determination.

Section 7.8 Declining jurisdiction

(1) An archdeacon may decline in advance to exercise jurisdiction in relation to any petition, or any class of petitions, which the archdeacon has jurisdiction to determine.

(2) After a petition has been allocated under rule 7.2, the archdeacon may return the petition to the registrar with a request that it (or any aspect of it) be re-allocated to the chancellor.

(3) An archdeacon must decline to exercise jurisdiction in relation to a petition if—

(a) the archdeacon is the minister of the parish to which the petition relates;

(b) the archdeacon has been involved with the subject matter of the petition such that it would be wrong for the archdeacon to exercise jurisdiction; or

(c) the archdeacon considers that the petition raises a question of law or fact that should be determined by the chancellor (whether at a hearing or otherwise).

(4) Where an archdeacon must decline to exercise jurisdiction under paragraph (3)—

(a) the archdeacon should, so far as practicable, inform the registrar before the petition is allocated; or

(b) if the petition has already been allocated, the archdeacon must return the petition and any other documents or materials that accompany it to the registrar as soon as practicable.

(5) Where the archdeacon declines jurisdiction the registrar must allocate the petition to the chancellor.

Section 7.9 Referral from archdeacon to chancellor

(1) An archdeacon who becomes aware of any matter to which paragraph (2) applies must inform the registrar as soon as possible, irrespective of whether a petition or application has been submitted to the court in respect of that matter.

(2) This paragraph applies to any matter which—

(a) needs to be dealt with as a matter of urgency and which may be sufficiently urgent to justify the grant of a faculty without obtaining the advice of the Diocesan Advisory Committee;

(b) may necessitate—

(i) the issue of an injunction,

(ii) the making of a restoration order, or

(iii) the grant of an interim faculty; or

(c) gives rise to any question as to the payment of costs or expenses.

(3) Where the archdeacon informs the registrar of a matter in accordance with paragraph (1) the registrar must immediately refer the matter to the chancellor.

Section 7.10 Referral by registrar to chancellor

(1) If paragraph (2) applies, the registrar must refer the petition to the chancellor.

(2) This paragraph applies if it appears to the registrar that—

(a) a confirmatory faculty is required;

(b) the proposed works or proposals raise a question of law or of doctrine, ritual or ceremonial or affect the legal rights of any person or body;

(c) any person or body may need to be given special notice;

(d) there is uncertainty whether the subject matter of the petition falls within the jurisdiction conferred on the archdeacon by this Part;

(e) the Diocesan Advisory Committee has advised that it does not recommend the works or proposals for approval by the court;

(f) the petition raises matters which may justify the issue of an injunction or a restoration order;

(g) for any other reason it is desirable to refer the petition to the chancellor.

Section 7.11 Re-allocation to chancellor

(1) This rule applies if, at any stage in the proceedings, the registrar becomes aware that a petition which has been allocated to the archdeacon falls outside the jurisdiction conferred on the archdeacon by this Part (whether because information supplied in the petition was incorrect or for any other reason).

(2) If this rule applies—

(a) the registrar must cancel the allocation of the petition to the archdeacon and notify the archdeacon accordingly;

(b) the archdeacon must return the petition and any other documents or materials that accompany it to the registrar as soon as practicable; and

(c) the registrar must re-allocate the petition to the chancellor.

Section 7.12 Proceedings on re-allocated petitions

Where a petition is re-allocated from the archdeacon to the chancellor under this Part, unless the chancellor orders otherwise, the matter is to proceed from the stage that was reached immediately before the petition was allocated to the archdeacon as if the petition had been allocated to the chancellor from the commencement of the proceedings.

Section 7.13 Removal of article to place of safety

(1) Where the archdeacon is of the opinion that an article should be removed to a place of safety immediately, an order made by the archdeacon under section 21 of the Measure must be in Form 12.

(2) In any other case where an archdeacon is considering making an order under section 21 of the Measure—

(a) the notice required by section 21(2) must be in Form 13; and

(b) if the archdeacon makes an order, it must be in Form 14.

Section 7.14 Temporary minor re-ordering

(1) On the application of the minister and a majority of the parochial church council an archdeacon may give a licence in Form 8 authorising a scheme of temporary minor re-ordering for a specified period not exceeding 15 months.

(2) A licence may not be given by the archdeacon under this rule where a parish has no minister.

(3) Before giving a licence the archdeacon must be satisfied that—

(a) the scheme does not involve any interference with the fabric of the church or the carrying out of electrical works;

(b) it does not involve the fixing of any item to the fabric of the church or the disposal of any fixture or other article; and

(c) if the scheme involves moving any item—

(i) it will be moved by suitably competent or qualified persons;

(ii) it will be safeguarded and stored in a place approved by the archdeacon; and

(iii) it can easily be reinstated.

(4) The archdeacon may give a licence subject to any conditions that appear to the archdeacon to be necessary.

(5) If the archdeacon refuses to give a licence, the archdeacon must inform the applicants that they may, if they wish, petition the court for a faculty authorising the proposed scheme.

(6) A copy of every licence given by the archdeacon must be sent to the registrar and the secretary of the Diocesan Advisory Committee.

(7) The period specified in the licence may not be extended by the archdeacon.

(8) If a petition for a faculty in respect of the scheme authorised by the licence is submitted to the registry not less than 2 months before the expiry of the period specified in the licence, the scheme is deemed to continue to be authorised by the licence until the petition is determined by the court.

Section 7.15 Steps to be taken on expiry of licence for temporary minor re-ordering

(1) On the expiry of the period specified in a licence given under rule 7.14(1)—

(a) the archdeacon must send the minister a copy of Form 9 (which asks the minister to state whether a faculty has been applied for in respect of the scheme of temporary minor re-ordering and, if not, whether the position has been restored to that which existed before the scheme was implemented); and

(b) the minister must complete Form 9 and return it to the archdeacon within 14 days of receiving it.

(2) If on the expiry of the period specified in the licence the parish does not have a minister, paragraph (1) is to apply as if the references to the minister were references to the churchwardens of the parish.

(3) Save to the extent that it has been authorised by faculty, when a scheme of temporary minor re-ordering ceases to be authorised under rule 7.14 the archdeacon must take steps to ensure that the position is restored to that which existed before the scheme was implemented.