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(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.
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.
The parties are required to help the court further the overriding objective.
(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 (and see rule 18.1(2)(l)) ;
(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 (see Part 11) .
The court’s case management powers are set out in Part 18.
(1) Parts 1, 2 and 4 to 20 and Schedules 2 and 3 apply to proceedings in consistory courts relating to—
(a) the faculty jurisdiction;
(b) injunctions; and
(c) restoration orders.
(2) Parts 1, 2, 11, 12, 13, 17, 18, 19, 20 and 21 to 27 and Schedule 3 apply to appeals relating to proceedings of a kind mentioned in paragraph (1).
(3) Part 3 and Schedule 1 make provision for certain matters within the jurisdiction of consistory courts to be undertaken without a faculty.
(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;
“appeal court” means the court in which an appeal is brought and includes a Commission of Review;
“article” includes anything affixed to land or a building, and a reference to an article includes a reference to part of an article
“the chancellor” means the chancellor (or, in the case of the diocese of Canterbury, the Commissary General) of the diocese ;
“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;
“ conservation area ” means a conservation area designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
“costs” includes—
fees, charges, disbursements, expenses and remuneration, and
any costs and expenses which a person may be ordered to pay under section 69(2) of the Measure;
“the court” means the consistory court of the diocese or, in relation to an appeal, the appeal court;
“Historic Buildings & Places” means the Ancient Monuments Society (the working name of which is “Historic Buildings & Places”);
“Historic England” 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 71 of the Measure;
“intending applicant” means a person who intends to start proceedings in the consistory court for a faculty, injunction or restoration order;
“interim faculty” means a faculty issued under Part 15;
“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 Ecclesiastical Jurisdiction and Care of Churches Measure 2018 ;
“minister”, in relation to a parish, has the same meaning as in Part 4 of the Measure (see section 80(1) of that Measure) ;
“national amenity society” has the same meaning as in Part 3 of the Measure (see section 55(1) of that Measure) ;
“ net zero guidance ” means guidance issued by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007 on reducing carbon emissions;
“party opponent” means a person who to any extent opposes the grant of a faculty and who has become a party to the proceedings;
“petitioner” means a person who starts faculty proceedings by submitting a petition to the consistory court;
“the registrar” means the registrar of the court;
“the registry” means—
in relation to a consistory court, the registry of the diocese for which that court is constituted;
in relation to an appeal court, the office of the registrar of that court;
“relevant person or body” means, in relation to a building which is included in the list maintained by the Church Buildings Council under section 38(1) of the Measure , the person or body entitled to make an application in respect of the building under section 40 of the Measure ;
“restoration order” means an order made under section 72 of the Measure.
(2) These Rules apply to the Commissary Court of Canterbury as they apply to a consistory court.
(3) These Rules apply to a listed building of grade A, B or C as they apply to, respectively, a listed building of grade I, II* or II.
(4) A reference in these Rules to a numbered form is a reference to the form bearing that number in Schedule 3.
(5) A reference in these Rules to a building included in the list maintained by the Church Buildings Council under section 38(1) of the Measure includes—
(a) any curtilage, monument, object or structure included in the list under section 39(2) of the Measure ; and
(b) any object or structure fixed to the building.
(6) 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.
(7) Rule 21.2 makes further provision for the interpretation of Parts 21 to 27 (Appeals).
(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 or registrar 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.
(1) Rule 3.2 and Schedule 1 provide for the matters prescribed in List A to be undertaken without a faculty.
(2) Rule 3.3. and Schedule 1 provide for the matters prescribed in List B to be undertaken without a faculty.
(3) Rule 3.4 provides for additional matters prescribed by the chancellor to be undertaken without a faculty.
(4) Rules 3.2 to 3.4 are subject to rules 3.5 to 3.7 (which exclude certain matters from being undertaken without a faculty and make other supplementary provision).
(5) In this Part “authorised person” means—
(a) a person acting on behalf of the minister and churchwardens of the parish concerned (or, if there is no minister, on behalf of the churchwardens);
(b) in relation to a building which is included in the list maintained by the Church Buildings Council under section 38(1) of the Measure , the relevant person or body or a person acting on their behalf; or
(c) a person designated by the chancellor in respect of a parish or other place for the purposes of this PRule
(6) an oil-fired heating system or to an electrical installation or electrical equipment, “accredited certification scheme” means a scheme of product conformity certification ... which applies to the work that is to be carried out and which is accredited by the United Kingdom Accreditation Service (UKAS).
(7) If another body is appointed as the UK national accreditation body for the purposes of Article 4(1) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 , the reference in paragraph (6) to UKAS is to be read as a reference to that body.
An authorised person may undertake any matter prescribed in the first column of Table 1 in Schedule 1 (“List A”) without a faculty subject to any conditions that are specified in relation to that matter in the corresponding place in the second column of the Table.
(1) An authorised person may undertake any matter prescribed in the first column of Table 2 in Schedule 1 (“List B”) without a faculty—
(a) if the archdeacon has been consulted on the proposal to undertake the matter and has given notice in writing that it may be undertaken without a faculty; and
(b) subject to—
(i) any conditions that are specified in relation to that matter in the corresponding place in the second column of Table 2; and
(ii) any additional conditions imposed by the archdeacon under paragraph (2)(b).
(1A) If the proposal involves a matter to which net zero guidance applies, the proposal must include an explanation of how the applicants, in formulating the proposal, have had due regard to that guidance.
(2) Where the archdeacon is consulted under paragraph (1)(a) on the proposal to undertake a matter, the archdeacon—
(a) must seek the advice of the Diocesan Advisory Committee or such of its members or officers as the archdeacon thinks fit before deciding whether to give notice that it may be undertaken without a faculty; and
(b) may make the undertaking of the matter subject to additional conditions specified by the archdeacon in the notice.
(3) A notice given by the archdeacon under paragraph (1)(a) must specify the proposals which may be undertaken without a faculty.
(4) The archdeacon must retain a copy of every notice given under paragraph (1)(a) and must also send a copy to—
(a) the registrar of the diocese for filing in the diocesan registry; and
(b) the secretary of the Diocesan Advisory Committee.
(5) If the archdeacon declines to give notice under paragraph (1)(a) that a proposal may be undertaken without a faculty the archdeacon must inform the applicants that they may, if they wish, petition the court for a faculty to authorise the proposal.
(6) If the archdeacon is the incumbent or priest in charge of a benefice where it is proposed to undertake a matter that is prescribed in List B, references in this rule to the archdeacon are to be read as if they were references to the chancellor.
(1) An order made by the chancellor under section 78(1) of the Measure (which provides that, in addition to the matters prescribed in List A and List B, any matter specified in the order may be undertaken without a faculty) is known as “an additional matters order”.
(1A) An additional matters order may, by virtue of section 78(2A) of the Measure, specify a matter referred to in section 77(7)(k) of the Measure (introduction of monument etc.)
(2) The registrar of the diocese must—
(a) register every additional matters order (or order that varies or revokes an additional matters order) in the diocesan registry;
(b) arrange for its publication on the diocesan website;
(c) send a copy to—
(i) every archdeacon to whose archdeaconry the order applies;
(ii) the secretary of the Diocesan Advisory Committee; and
(iii) the secretary of the Church Buildings Council.
(3) Where the chancellor has made an additional matters order, any matter specified in the order may be undertaken without a faculty in the diocese, or the part of the diocese, to which the order applies; but this is subject to paragraph (4).
(4) Where an additional matters order specifies conditions in relation to a matter (including any condition as to who may undertake the matter), the matter may be undertaken without a faculty only if those conditions are complied with.
(1) Rules 3.2 to 3.4 do not permit the undertaking of any of the following matters—
(a) any works which 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) any works which are likely to affect the archaeological importance of a building or any archaeological remains within a building or its curtilage;
(c) any works in respect of all or part of which scheduled monument consent is required under the Ancient Monuments and Archaeological Areas Act 1979 ;
(d) any works which involve extension, demolition or partial demolition of a building, or the erection of a new building;
(e) any matter which gives rise to a question of law or of doctrine, ritual or ceremonial or which would, if undertaken, affect the legal rights of any person;
(f) the exhumation or other disturbance of human remains;
(g) the reservation of a grave space;
(h) the sale or other disposal of any article of architectural, archaeological, artistic or historic interest;
(i) the sale of any book remaining in or belonging to a parochial library ;
(j) the introduction of an aumbry or any other receptacle used for the reservation of the sacrament of Holy Communion; or
(k) subject to rule 3.4(1A), the introduction of, or the carrying out of any work to, a monument of the kind referred to in section 66 of the Measure .
(2) The reference in paragraph (1)(e) to a matter affecting the legal rights of a person does not include a reference to the grant of a licence for the grazing of a churchyard by livestock.
(3) Where it is proposed to undertake a matter which falls within paragraph (1) a faculty (or an interim faculty under Part 15) must be sought.
(1) An order made by the chancellor under section 78(3) of the Measure (which provides, in respect of a parish, church, churchyard or other building or place in the diocese, that a matter specified in the order may not be undertaken without a faculty even though it is prescribed in List A or List B) is known as “an excluded matters order”.
(2) The registrar of the diocese must—
(a) register every excluded matters order (or order that varies or revokes an excluded matters order) in the diocesan registry;
(b) arrange for its publication on the diocesan website;
(c) send a copy to—
(i) the minister and churchwardens of any parish affected by the order;
(ii) the archdeacon of every archdeaconry in which a parish affected by the order is situated;
(iii) the secretary of the Diocesan Advisory Committee; and
(iv) the secretary to the Church Buildings Council.
(3) Any churchwardens who are sent a copy of an excluded matters order (or order that varies or revokes an excluded matters order) by the registrar of the diocese must keep it with the inventory, and insert a copy in the log book, maintained by them under section 49 of the Measure (see subsections (1) and (2) of that section) .
(4) Where the chancellor has made an excluded matters order and it is proposed to undertake a matter specified in the order in respect of the parish, church, churchyard or other building or place in the diocese to which the order relates, a faculty (or an interim faculty under Part 15) must be sought.
(1) The fact that a matter may be undertaken without a faculty under this Part does not prevent the court from exercising its jurisdiction in respect of the matter.
(2) The court may accordingly grant a faculty or make an order which permits the undertaking of the matter (whether subject to conditions or otherwise) or restricts or prevents the undertaking of the matter.
(3) A matter may not be undertaken without a faculty under this Part if undertaking that matter would be in breach of—
(a) any condition subject to which a faculty has been granted,
(b) the terms of any injunction or restoration order, or
(c) the terms of any undertaking given to the court.
(1) Any question as to whether a particular matter is or is not a matter that may be undertaken without a faculty under this Part is to be determined by the chancellor .
(2) The determination may be made by the chancellor on the chancellor’s own initiative or on the application of—
(a) an authorised person,
(b) in the case of a matter specified in an additional matters order, a person who may undertake the matter under the order, or
(c) the archdeacon.
(3) The chancellor will determine the question without a hearing on consideration of such written representations (if any) as the chancellor thinks fit unless the chancellor orders that the question be determined at a hearing.
(1) Before starting proceedings in the consistory court in respect of works or other proposals, intending applicants should—
(a) consult the Diocesan Advisory Committee on the works or proposals,
(b) where rule 4.5 or 4.6 applies, consult the relevant bodies under that rule on the works or proposals, and
(c) once the provisions of this part, so far as applicable, have been complied with, obtain from the Diocesan Advisory Committee a notification of advice in Form 2.
(2) Consultation under this Part is not required if—
(a) proceedings relate exclusively to—
(in) exhumation, or
(ii) the reservation of a grave space;
(b) proceedings are sufficiently urgent to justify the grant of a faculty, the issue of an injunction or the making of a restoration order without carrying out consultation under this Part; or
(2A) The requirements under this Part to consult certain specified bodies do not prevent an intending applicant from consulting any other body or person.
(3) This part does not apply where works or other proposals relate only to matters which may be undertaken without a faculty in accordance with Part 3 and Schedule 1 (Lists A and B).
(1) Intending applicants must submit the following to the Diocesan Advisory Committee when consulting it on works or proposals—
(a) the standard information in Form 1A (where consultation is being carried out on behalf of the parochial church council) or Form 1B (where consultation is being carried out by the relevant person or body) (but see paragraph (3)); and
(b) a summary of the works or other proposals being consulted on.
(2) Intending applicants must submit the following to the Diocesan Advisory Committee when proposals reach the stage at which they are available—
(a) any relevant designs, plans or photographs;
(b) any advice or other material relating to the environmental implications of the works or proposals including, in the case of matters to which net zero guidance applies, an explanation of how the intending applicants, in formulating the proposals, have had due regard to that guidance ;
(ba) where proposals involve the movement, removal or alteration of a statue, plaque, memorial, monument or other article because it is considered to conflict with the role of a church as a local centre of worship and mission, an explanation of how the intending applicants, in formulating the proposals, have had due regard to guidance issued for the purposes of this sub-paragraph by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007;
(c) any other documents giving particulars of the works or proposals; and
(d) any relevant correspondence with Historic England, Natural England, a national amenity society, the local planning authority or the Church Buildings Council.
(3) 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.
(1) When the Diocesan Advisory Committee is consulted under rule 4.1(1)(a) it must consider whether it should give the intending applicants initial advice to assist them in relation to the works or proposals and, if not, whether it should proceed to give its final advice in accordance with rule 4.9 (notification of advice).
(2) In considering whether it should give the intending applicants initial advice the Diocesan Advisory Committee must, in particular, consider whether rule 4.4 (statements of significance and needs), rule 4.5 (consultation with Historic England, amenity societies etc.) or rule 4.6 (consultation with Church Buildings Council) applies.
(3) If the Diocesan Advisory Committee considers that rule 4.4 applies, it must ask the intending applicants to provide it with statements of significance and needs if they have not already done so.
(4) If the Diocesan Advisory Committee considers that rule 4.5 applies, it must advise the intending applicants as to which of the bodies mentioned in rule 4.5 must be consulted on the works or proposals unless a body has already been consulted on the works or proposals and its response is available to the Committee.
(5) If the Diocesan Advisory Committee considers that rule 4.6 applies, it must advise the intending applicants to consult the Church Buildings Council on such aspects of the works or proposals as the Committee considers fall to be considered by the Council under that rule unless the Council has already been consulted on them and its response is available to the Committee.
(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 (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.
(1) Consultation with Historic England must be undertaken if works or other proposals—
(a) involve the demolition of a grade I or II* listed building or its alteration or extension to such an extent as would be likely to affect its character as a building of special architectural or historic interest;
(b) comprise the complete demolition of a grade II listed building or the removal of all, or a substantial part, of the structure of its interior (including any principal internal elements such as staircases, galleries, load-bearing walls, floor or roof structures and major internal fixtures such as pews, screens and organs); or
(c) are likely to affect the archaeological importance of any building or of remains within the building or its curtilage.
(2) Consultation with each national amenity society which has an interest in works or other proposals must be undertaken if they—
(a) involve demolition of a listed building of any grade or its alteration or extension to such an extent as would be likely to affect its character as a building of special architectural or historic interest; or
(b) involve demolition affecting the exterior of an unlisted building in a conservation area.
(3) The question of whether a national amenity society has an interest in works or proposals is to be determined by reference to the age of the building (or the relevant part of it) and the likely effect on it of the proposals.
(4) Consultation with the local planning authority must be undertaken if works or other proposals—
(a) involve demolition of a listed building of any grade or its alteration or extension 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 of remains within the building or its curtilage; or
(c) involve demolition affecting the exterior of an unlisted building in a conservation area.
(1) Consultation with the Church Buildings Council must be undertaken if works or other proposals—
(a) involve the demolition of a grade I or II* listed building or its alteration or extension to such an extent as would be likely to result in harm to its character as a building of special architectural or historic interest;
(b) involve demolition of a grade II listed building or its alteration or extension to such an extent as would be likely to result in substantial harm to its character as a building of special architectural or historic interest or to its setting; or
(c) are likely to affect the archaeological importance of a building or of remains within the building or its curtilage.
(2) Consultation with the Church Buildings Council must also be undertaken where works or proposals involve—
(a) the conservation, alteration or disposal of an article of special historic, architectural, archaeological or artistic interest;
(b) the introduction of an article of special historic, architectural, archaeological or artistic interest (including new work) in a grade I or II* listed building;
(c) the alteration, extension or re-ordering of a church in a way that is likely significantly to affect the setting of an article of special historic, architectural, archaeological or artistic interest; or
(d) the movement or removal of an article of special historic, architectural, archaeological or artistic interest such that the article might be adversely affected unless special precautions are taken.
(3) Consultation with the Church Buildings Council must be undertaken in any other case where the Diocesan Advisory Committee considers that its advice would be of particular assistance.
(1) When a body is consulted under rule 4.5 or 4.6 it must be informed by letter or electronic communication that it is being consulted in accordance with that rule and that a response to the consultation will be taken into account if it is received within 42 days of the date of the letter or electronic communication.
(2) The notice must be accompanied by—
(a) the standard information in Form 1A or Form 1B;
(b) a summary of the works or other proposals being consulted on;
(c) any relevant designs, plans and photographs;
(d) any other documents giving particulars of the works or other proposals; and
(e) the statement of significance and the statement of needs prepared in accordance with rule 4.4.
(3) Any response to consultation undertaken under rule 4.5 or rule 4.6 which is received more than 42 days after the date of the letter or electronic communication sent under paragraph (1) need not be (but may be) taken into account.
(4) Where a body which was not informed of consultation in accordance with paragraph (1) nevertheless responds to the consultation in question, the response need not be (but may be) taken into account, regardless of when it is received.
(5) Where consultation under rule 4.5 or 4.6 is sent by means of an online system, any response to that consultation must itself, so far as is practicable, be sent by means of that online system.
(1) If intending applicants make material changes to works or other proposals (whether in response to consultation or otherwise), they must supply details of the changes made to—
(a) any body which has been consulted under rule 4.5 or 4.6;
(b) the Diocesan Advisory Committee.
(2) Any further response from a body which is supplied with details of changes under paragraph (1) must be taken into account if it is received within 21 days of the day on which the body is supplied with those details; if it is received after that period has expired it need not be (but may be) taken into account.
(1) The Diocesan Advisory Committee must not give its final advice unless it is satisfied—
(a) that the preceding provisions of this part, so far as applicable, have been complied with; and
(b) it has all the information it needs in order to give its final advice, including any responses from bodies consulted under rule 4.5, 4.6 or 4.8 that have been received within the time allowed.
(2) The Diocesan Advisory Committee must give its final advice in a notification of advice in Form 2.
(3) The notification of advice must describe the works or proposals in the manner in which the DAC recommends that they should be described in the schedule of works or proposals in the petition (see rule 5.4(1)) and in the public notice (see rule 6.2(3)(a)).
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(7A) In the case of works or proposals involving matters to which net zero guidance applies, the Committee’s advice must include a statement of—
(a) whether, in its opinion, the explanation under rule 4.2(2)(b) is adequate, and
(b) if its opinion is that the explanation is not adequate, its reasons for that opinion.
(7B) In the case of works or proposals involving the movement, removal or alteration of a statue, plaque, memorial, monument or other article because it is considered to conflict with the role of a church as a local centre of worship and mission, the Committee’s advice must include a statement of—
(a) whether, in its opinion, the explanation under rule 4.2(2)(ba) is adequate, and
(b) if its opinion is that the explanation is not adequate, its reasons for that opinion.
(8) The notification of advice must state
(a) which of the bodies mentioned in rule 4.5 or 4.6 (if any) have been consulted on the works or proposals.
(b) if any other body or person has been consulted, the name of that body or person.
(9) If the notification of advice recommends the works or proposals for approval by the court, or does not object to their being approved, in circumstances where a body consulted under rule 4.5 or 4.6 has raised objections to the works or proposals and has not withdrawn them, the notification of advice must include the Committee’s principal reasons for recommending the works or proposals for approval, or for not objecting to their being approved, despite those objections.
(10) In the case of works or 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 (instead of Form 2);
(b) paragraphs (2) to (7) and (9) do not apply (but paragraph (8) does apply).
This Part is without prejudice to the court’s power at any time to grant an interim faculty under Part 15 or an interim injunction or restoration order under rule 16.6.
(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 5.2 explains how to start faculty proceedings.
(3) Rules 9.5 and 10.4 make provision for a person to become a party opponent.
(4) Rule 19.4 makes provision for the addition of a person as a party by way of special citation where the court is considering making an order for costs against that person under section 69 of the Measure; a person may be added as a party by way of special citation in any other circumstances where doing so would further the overriding objective .
(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;
(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 38(1) of the Measure ); 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 registry.
(4) The fact that the petitioner has not complied with rule 4.1(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 7.2 (which makes provision for the chancellor to seek the advice of the Diocesan Advisory Committee).
(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) 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 38(1) of the Measure ) 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 20.6(2).
(1) The works or other proposals in respect of which a faculty is sought must be fully and accurately described in the schedule of works or proposals contained in the petition (or where a petition in Form 3A or 3B is not required, in the relevant part of the petition).
(1A) Where the Diocesan Advisory Committee has issued a notification of advice under rule 4.9, the works or other proposals must be described in the manner recommended by the Committee unless the chancellor directs otherwise.
(2) The works or other proposals must be the same as those in respect of which the Diocesan Advisory Committee issued a notification of advice under rule 4.9.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where it is proposed to dispose of any article, details of the proposal must be given in the petition.
(1) Where proceedings are started pursuant to a resolution of the parochial church council the standard information in 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 38(1) of the Measure ) the standard information in Form 1B must be submitted with the petition.
(3) The following must also be submitted with every petition—
(a) the Diocesan Advisory Committee’s notification of advice (except in a case to which rule 4.1(2) or 5.2(4) applies);
(aa) where rule 4.4(1) applies, the statement of significance and the statement of needs that were provided to the Diocesan Advisory Committee;
(b) any relevant designs;
(c) any relevant plans;
(d) any relevant photographs;
(e) any advice or other material relating to the environmental implications of the works or other proposals including, in the case of matters to which net zero guidance applies, an explanation of how the petitioner, in formulating the proposals, has had due regard to that guidance ;
(f) any other documents giving particulars of the works or other proposals; and
(g) copies of any relevant correspondence received from a body consulted under rule 4.5 or 4.6 .
(3A) Where a petition seeks a faculty for the movement, removal or alteration of a statue, plaque, memorial, monument or other article because it is considered to conflict with the role of a church as a local centre of worship and mission, an explanation of how the petitioner, in formulating the proposals, has had due regard to guidance issued for the purposes of rule 4.2(2)(ba) by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007 must be submitted with the petition.
(4) Where a petition seeks a faculty to authorise the demolition or partial demolition of a church under section 62(2) or (3) of the Measure , the written consent of the bishop of the diocese to the proceedings being brought must also be submitted with the petition.
(1) The registrar must notify the secretary of the Diocesan Advisory Committee of the details of every petition submitted to the court for which the advice of the Committee is required under these Rules unless the petition is submitted using an online system through which the secretary of the Committee can access the petition .
(2) Notification must be in Form 11.
(3) The secretary of the Diocesan Advisory Committee must enter the details notified in the register of petitions maintained on behalf of the Committee.
(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.
(2A) Where paragraph (1) applies and the petition and other documents mentioned in that paragraph are submitted to the court through an online system, the petition and other documents, together with a copy of the public notice displayed under Part 6, must also be publicly available for inspection online until the petition has been determined.
(3) The chancellor or registrar may direct that paragraphs (1) , (2) and (2A) are not to apply in a particular case.
(1) Subject to paragraphs (2) and (3), every petition for a faculty is subject to the requirements of rules 6.2 to 6.5 as to the giving of public notice.
(2) Rule 6.6 (exhumation, reservation of grave space and other special cases) makes special provision which applies instead of the requirements of rules 6.2 to 6.5.
(3) The chancellor may dispense with the giving of public notice in accordance with rule 6.7.
(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 38(1) of the Measure ) 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
(aa) provide a postal address and an email address for the diocesan registrar to which letters of objection may be sent;
(b) contain the other details required by the relevant form.
(1) Not later than the day on which the petition is sent to the 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.
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 6.3(3)(b);
(e) the public notice should be displayed for longer than 28 days.
Once the period of 28 days required by rule 6.3(2)(a) or (3)(a), or such longer period as may have been directed under rule 6.4, 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.
(1) Paragraph (2) applies where—
(a) a petition relates exclusively to—
(i) exhumation (and the chancellor does not dispense with the giving of public notice under paragraph (3) or (4)), or
(ii) 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.
(2) Where this paragraph applies the registrar must—
(a) complete the public notice; and
(b) give directions for the display and return 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 6.4(b) to (d).
(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.
(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 6.1 to 6.6; 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.
This Part is without prejudice to the court’s power at any time to grant an interim faculty under Part 15.
The jurisdiction of the consistory court is to be exercised by the chancellor (except as otherwise provided by these Rules).
(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 4.5 in respect of the works or other proposals not more than 24 months before the submission of the petition or application, 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 15 or an interim injunction or interim restoration order under rule 16.6.
(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.
(3) Reasons under paragraphs (1) or (2) must identify any relevant guidance issued by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007 and state how the chancellor has taken it into account in determining the petition.
Where Historic England, a national amenity society or the local planning authority has made representations in respect of works or other proposals, the registrar must notify that body of the final determination in the faculty proceedings within 14 days of the determination being made.
(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 7.
(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 8 unless the chancellor directs otherwise.
(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 53 of the Measure must be in Form 13.
(2) In any other case where an archdeacon is considering making an order under section 53 of the Measure—
(a) the notice required by section 53(3)(a) must be in Form 14; and
(b) if the archdeacon makes an order, it must be in Form 15.
(1) On the application of the minister and the parochial church council an archdeacon may give a licence in Form 9 authorising a scheme of temporary minor re-ordering of a church (including its fixtures and fittings) for a specified period not exceeding 24 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 seek the advice of the Diocesan Advisory Committee or such of its members or officers as the archdeacon thinks fit.
(4) The archdeacon must not give a licence unless satisfied that—
(a) the scheme does not involve any material interference with or alteration to the fabric of the church or the carrying out of electrical works;
(b) it does not involve 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 safely stored in a place approved by the archdeacon; and
(iii) it can easily be reinstated.
(5) The archdeacon may give a licence subject to any conditions that appear to the archdeacon to be necessary.
(6) The archdeacon may amend or revoke a licence.
(7) If the archdeacon refuses to give a licence, or revokes a licence, the archdeacon must inform the applicants that they may, if they wish, petition the court for a faculty authorising the proposed scheme.
(8) A copy of every licence given by the archdeacon must be sent to the registrar and the secretary of the Diocesan Advisory Committee.
(9) The period specified in the licence may not be extended by the archdeacon.
(10) If a petition for a faculty in respect of the scheme authorised by the licence is submitted to the court 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.
(1) On the expiry of the period specified in a licence given under rule 8.2—
(a) the archdeacon must send the minister a copy of Form 10 (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 10 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 8.2 the archdeacon must take steps to ensure that the position is restored to that which existed before the scheme was implemented.
If the chancellor directs ... any person or body to be given special notice of faculty proceedings the registrar must serve on that person a copy of the public notice and any other documents directed by the chancellor.
The Faculty Jurisdiction Rules 2015 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2015-1568
Contains public sector information licensed under the Open Government Licence v3.0.
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