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In pursuance of sections 14, and 26(1) and (2) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991[1], the Rule Committee constituted in accordance with section 25 of the said Measure makes the following Rules: - Citation, Commencement and Revocation 1. - (1) These Rules may be cited as the Faculty Jurisdiction Rules 2000 and shall come into force on the first day of January 2001. (2) The Faculty Jurisdiction Rules 1992[2], are hereby revoked. Interpretation 2. - (1) In these Rules
(2) The Interpretation Act 1978 [4] shall apply for the interpretation of these Rules as it applies for the interpretation of Measures passed by the General Synod. Seeking Advisory Committee Advice 3. - (1) Before submitting a petition for a faculty in the consistory court intending applicants should seek the advice of the advisory committee in respect of the works or other proposals for which a faculty is required (except where the action proposed relates exclusively to exhumation or the reservation of a grave space). (2) Except in a case within paragraph (4) intending applicants should submit to the advisory committee designs, plans, photographs and other documents giving particulars of the works or other proposals together with a summary list of the works or proposals. (3) Where significant changes to a listed church are proposed the intending applicant should -
(b) if the works fall within paragraph 1 of Appendix B consult English Heritage, such of the national amenity societies as appears likely to have an interest in the church or the works, and the local planning authority in accordance with Appendix B.
(4) Where the intending applicants are proposing to carry out works to a tree or trees in a churchyard or in a consecrated burial ground for which a faculty is required they shall complete Form No. 16 in Appendix C and send it to the advisory committee at the time of seeking the advice of the advisory committee in respect of the proposed works.
(b) are likely to affect the archaeological importance of the church or achaeological remains existing within the church or its curtilage, or (c) in the case of an unlisted church in a conservation area, will involve demolition affecting the exterior of the church.
Submission of Petition
(b) any designs, plans, photographs and other documents giving particulars of the works or proposals for which the faculty is required, together with the certificate of the advisory committee relating to those documents, shall be submitted with the petition.
(2) Where significant changes to a church are proposed a copy of the designs, plans, photographs and other documents submitted with the petition shall be displayed in the church to which the works or other proposals relate and shall remain on display until the petition for a faculty has been determined.
(b) display the public notice in accordance with paragraph (4) below save that if he is not the minister or a churchwarden he shall send the public notice to the registrar for directions about display; and (c) send a copy of the public notice to English Heritage or other grant making body in accordance with the terms of any previous grant.
(4) Subject to paragraph (3)(b) of this rule and rule 13(10) a copy of the public notice shall be displayed for a continuous period of not less than 28 days in accordance with paragraphs (a) to (d) of this paragraph.
(ii) 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, display of the notice shall be at that church or place of worship and also at the parish church or parish churches of the parish; (iii) in the case of a petition relating to any other churchyard or consecrated burial ground, display of the notice shall be at the parish church (if any) and the churchyard or consecrated burial ground concerned.
(b) Display of the notice shall take place under paragraphs (a)(i) and (ii) -
(ii) on a notice board outside that church or in some other prominent position (whether on the outside of the church door or elsewhere) so that it is readily visible to the public.
(c) Display of the notice shall take place in accordance with paragraphs (b)(i) and (ii) in respect of each church or place of worship where display is required under paragraphs (a)(i) and (ii).
(5) If on receipt of the petition and copy public notice the registrar considers that -
(b) a copy of the public notice should be displayed inside or outside any other church or place of worship in the parish concerned, or (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) where it will be clearly visible to the public, or (d) the public notice should be displayed for a longer period than is provided for in paragraph (4) of this rule
then the registrar may give such directions to the petitioners as are appropriate in the circumstances of the case. Allocation to the Archdeacon 7. - (1) Where a petition for a faculty for any of the works or other proposals specified in Appendix A to these Rules (not being works falling within rule 13(3)) is unopposed and the advisory committee recommends the works or proposals in question or raises no objection to them, the archdeacon may exercise the jurisdiction of the consistory court of the diocese in respect of every petition for faculty arising in that archdeaconry to the extent provided in that Appendix. (2) Subject to rule 8, if the registrar is satisfied that the subject matter of the petition falls within the jurisdiction conferred upon an archdeacon under paragraph (1) of this rule the registrar shall endorse the petition accordingly and send it to the archdeacon for consideration. (3) An archdeacon with jurisdiction under paragraph (1) shall not make a final determination in relation to any petition for faculty without first seeking the advice of the advisory committee in respect of the works or proposals the subject of the petition, provided that where the advisory committee supplied a certificate in Form No. 1 under rule 3(5) above in respect of the same works or proposals not more than 12 months prior to the submitting of the petition the advisory committee may, if appropriate, confirm that they do not wish to alter that certificate. (4) Having decided to grant a faculty the archdeacon shall endorse the petition accordingly and shall return it to the registrar whereupon the registrar on the expiry of the period for objection specified in rule 16 and provided the petition is unopposed shall issue -
(b) a certificate in Form No. 6 in Appendix C to be completed in accordance with the requirement in the faculty.
(5) If any person objects to the grant of a faculty before the archdeacon has determined the matter the registrar shall notify the archdeacon who shall immediately return the petition to the registrar and if an objection is received after the archdeacon has endorsed the petition under paragraph (4) above the archdeacon's decision shall be of no effect and the petition shall be referred to the chancellor by the registrar and be dealt with by the chancellor.
(b) has been personally involved with the petitioners in relation to the subject matter of the petition or otherwise to such an extent that the archdeacon deems it inappropriate to act in the matter
shall decline to exercise jurisdiction in relation to the petition for a faculty and shall so inform the registrar prior to the allocation of the petition, or if this is not practicable shall as soon as possible return the petition and accompanying papers to the registrar who shall immediately endorse the petition as one to be dealt with by the chancellor.
(b) may necessitate the issue of an injunction, the making of a restoration order or the grant of any interim faculty pending the final determination of the matter, or (c) gives rise to any question as to the payment of costs or expenses,
then whether or not a petition has been submitted the archdeacon shall inform the registrar who shall immediately refer the matter to the chancellor who may give such licence or other directions in respect of the matter on such terms or conditions as are appropriate in the circumstances of the case.
(b) it does not involve the fixing of any item to the fabric of the church nor the disposal of any fixture and (c) if the scheme involves the moving of any item, the same is to be done by suitably competent or qualified persons and such item will be safeguarded and stored in the church or in such other place as is approved by the archdeacon, and can easily be reinstated.
(2) The archdeacon may add such other conditions to the licence as may be considered necessary.
(b) the proposed works or proposals raise a question of law or as to the doctrine, ritual or ceremonial of the Church of England or affect the legal rights of any person or body, or (c) any person or body may need to be specially notified, or (d) there is uncertainty whether the subject matter of the petition falls within the jurisdiction conferred on the archdeacon by rule 7(1), or (e) the advisory committee has not recommended the works or proposals and has so certified by paragraph 4 of Form No. 1 in Appendix C, or (f) the petition raises matters which may justify the issue of any injunction, or (g) for any other reason it is desirable to refer the petition to the chancellor.
(2) Where a matter is being dealt with by the archdeacon if at any stage in the proceedings the registrar becomes aware that information supplied in the petition is incorrect, or that information has been omitted from the petition, so that the matter falls outside the jursidiction conferred on the archdeacon under rule 7(1) the registrar shall in writing immediately cancel the allocation of the petition to the archdeacon, give written notice thereof to the archdeacon and refer the matter to the chancellor, and the archdeacon shall immediately return the petition and accompanying documents to the registrar. Matters for Chancellor 12. - (1) Unless otherwise provided in these Rules all faculty matters shall be dealt with by the chancellor. (2) Any faculty granted by the chancellor in unopposed proceedings shall (subject to rule 36) be issued by the registrar in Form No. 5 in Appendix C together with a certificate in Form No. 6 in Appendix C to be completed in accordance with the requirement in the faculty. Requirements as to Notice of Petition 13. - (1) If the chancellor directs or the law otherwise requires any person to be specially notified the registrar shall serve on him a copy of the public notice. (2) The chancellor may order that relevant details from the public notice be published in such newspapers or other publications and within such period of time as the chancellor directs. (3) Subject to the generality of rule 13(1), where it appears to the chancellor on preliminary consideration of the petition that the works for which a faculty is sought
(b) are likely to affect the archaeological importance of the church or archaeological remains existing within the church or its curtilage, or (c) involve demolition affecting the exterior of an unlisted church in a conservation area
then, unless it appears to the chancellor from the available information that each of the following bodies has previously been consulted about those works and has indicated that it has no objection or comment to make the chancellor shall direct that English Heritage, the local planning authority and such of the national amenity societies as appears to be likely to have an interest in the church or the works shall be specially notified in accordance with the criteria applicable to consultation set out in paragraphs 2, 3 or 4 of Appendix B as appropriate.
(ii) paragraph 3(c) of this rule,
the chancellor shall direct that a notice stating the substance of the petition and giving a date by which any objection is to reach the registrar shall be published by the petitioners in a newspaper circulating in the locality and publication shall take place within 14 days of the giving of the direction, or within such other period as the chancellor may direct.
(5) If the chancellor considers that the works or proposals intended to be carried out in a churchyard will or may affect a grave or memorial maintained by the Commonwealth War Graves Commission the chancellor shall direct that the Commonwealth War Graves Commission be specially notified and the registrar shall pursuant to such direction serve on the said Commission a copy of the public notice.
(b) the notice stating the substance of the petition (which is required by section 17(4)(a)(ii) of the Measure to be published by the petitioners in the London Gazette and in such other newspaper as the chancellor may direct) shall be published:
(ii) in the case of such other newspapers (including a newspaper circulating in the locality) within such period as the chancellor shall direct or, if no period is directed, within 14 days of the giving of the direction.
(8) Where a petition relates exclusively to exhumation or reservation of a grave space or in any case where the chancellor gives directions in relation to a public notice or an amended public notice than subject to paragraph (9) below the registrar shall complete the public notice and give such directions for display of the public notice under rule 6(5)(b) to (d) as the registrar considers appropriate or as the chancellor has directed.
(b) in any other case the chancellor may dispense with public notice and may direct that any of the persons referred to in sub-paragraph (a) above who are not the petitioners shall be specially notified.
(10) In any case where the chancellor is satisfied that a matter is 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 obtaining the advice of the advisory committee, the chancellor
(b) having regard to all the circumstances may direct that a short period of notice be given to the persons or bodies identified in the directions,
and thereafter the chancellor may order the issue of a faculty immediately.
(b) involves the alteration to or extension of a listed church or re-ordering of any church, which is likely in the opinion of the chancellor significantly to affect (when completed) the setting of any such article as is described in sub-paragraph (a), or (c) involves the movement or removal of any such article, which in the opinion of the advisory committee may be adversely affected thereby unless specific precautions are taken.
(2) Where paragraph (1) applies then, unless the chancellor is satisfied that there has already been consultation with the Council for the Care of Churches in respect of the proposals the subject of the petition, insofar as they relate to the article in question, the chancellor shall direct the registrar to serve on the Council notice in Form No 9 in Appendix C.
(b) the archdeacon of the archdeaconry in which the parish concerned is situated; (c) the parochial church council; (d) the local planning authority for the area in which the church or place of worship is situated; (e) any national amenity society; (f) any other body designated by the chancellor for the purpose of the petition; and (g) any other person or body appearing to the chancellor to have a sufficient interest in the subject matter of the petition.
(3) Following receipt of a letter of objection from an interested person (whether as to all or some of the works or proposals) the registrar shall after the end of the period of display of the public notice inform the objector in writing that he may:
(b) send or deliver to the registrar formal written particulars of objection in Form No. 4 in Appendix C and thereupon become a party in the proceedings.
(4) The registrar shall in addition
(ii) inform the interested person that if he chooses alternative (b) in paragraph (3) above he will be entitled to participate in the proceedings at a hearing in the consistory court or in any disposal of the proceedings under rule 26 and that he will be a party to the proceedings for the purpose of any order for costs which may be made by the chancellor under section 60 of the Ecclesiastical Jurisdiction Measure 1963, and shall send him a brief statement in terms approved by the chancellor as to the principles which apply to costs in the consistory court; and (iii) provide the interested person with a copy of Form No. 4 notifying him that if he chooses alternative (b) in paragraph 3 above he must send or deliver his completed Form No. 4 to arrive at the registry within 21 days of receipt of the letter of notification and form from the registrar and also serve a copy of his completed Form No. 4 on the petitioners within the same period of 21 days at such address as the registrar may direct, and (iv) further inform the interested person that if no response and no Form No. 4 is received by the registrar within the period of 21 days as required by sub-paragraph (iii) above, he will be treated as having chosen the alternative course of action in paragraph (3)(a) and the matter will proceed accordingly.
(5) Where any person has taken the course of action in paragraph (3)(a), or is to be treated as having done so under paragraph (4)(iv), then the registrar shall, after the expiry of the period of 21 days
(b) not later than 7 days after expiry of the last date for comment, forward to the chancellor a copy of any letter of objection received under paragraph (1) above, together with any comments received from the petitioners.
(6) On receipt of any letters or comments forwarded by the registrar under paragraph (5), the chancellor shall take them into account in reaching a decision on the petition, or in giving any directions in the proceedings.
(ii) to fix timetables or otherwise control the progress of the proceedings; (iii) to identify the issues which will need to be resolved at a hearing; (iv) to deal with as many aspects of the matter as possible on the same occasion; (v) to give directions to ensure that the petition is considered and determined as quickly and efficiently as possible.
(3) Having regard to paragraph (2) above the chancellor or the registrar shall direct as appropriate:
(ii) where there is a large number of objections making a similar point or points in the written objections that a specified number of them shall represent the interest of all those objectors at the hearing and may appear by themselves or by representatives (whether or not legally qualified); (iii) that there be an exchange of the reports of expert witnesses to be called by the parties and that they be requested to identify matters upon which they agree and those upon which they disagree; (iv) that the number of expert witnesses to be called on behalf of any party be limited to such number as the chancellor or registrar deems appropriate in the case in question; (v) that any reports provided to the chancellor by the advisory commitee, the Council for the Care of Churches, English Heritage, any national amenity society or any local planning authority or other body shall be copied to the parties not less than 21 days before the date of the hearing.
(4) In deciding whether and how to exercise the powers under this rule, the chancellor or registrar shall have regard to all the circumstances including:
(b) the desirability of minimising dispute; (c) saving unnecessary expense; (d) avoiding delay; (e) the number of objectors and the grounds of objection to the proposals.
Time and Place of Hearing
(b) subject to paragraphs (2) and (3) below, that a written statement may be given in evidence without the attendance of the maker of the statement.
(2) An application to submit a written statement in evidence at the hearing may be made by or on behalf of any person who is not a party to the proceedings and the chancellor may give leave for a written statement to be admitted in evidence without the attendance of the maker of the statement provided that a copy of the written statement is submitted to the registry and that a copy is delivered by that person to the parties not less than 21 days before the date of the hearing.
(b) if made by any other persons, be in Form No. 11 in Appendix C and be submitted to the registry not more than four weeks after the date of the last publication in accordance with rule 13(7) of the notice stating the substance of the petition; (c) be accompanied in either case (a) or (b) with a statement of the evidence to be relied upon.
Evidence of Council for the Care of the Churches
(b) that each of the other parties shall not more than 21 days after the submitting of the petitioners' statement submit to the registry and serve on the petitioners a written statement in reply to the petitioners' statement and in support of his case including any documentary or other evidence upon which he wishes to rely; (c) that the petitioners may not more than 14 days after the submitting of the statement of an opposing party submit to the registry and serve on such opposing party a written statement in response.
(3) If any party does not comply with any such direction, the chancellor may declare him to be in default and may proceed to dispose of the case without any further reference to such party. Appointment of person to act for Archdeacon 28. - (1) In making an appointment under section 16(3) of the Measure of a person to act in place of an archdeacon on the ground of incapacity, the bishop may act on such evidence of the incapacity of the archdeacon as he shall think sufficient, and a statement of the fact of the incapacity in the instrument of appointment shall be conclusive. (2) An instrument of appointment under section 16(3) shall be in Form No. 12 in Appendix C. Removal of article to place of safety 29. - (1) In any case where an archdeacon is of the opinion that an article falling within section 21(1) of the Measure should be removed to a place of safety immediately the archdeacon may make an order in Form No. 13 in Appendix C. (2) In any case not requiring an immediate order under paragraph (1) of this rule, an archdeacon shall not make an order under section 21 of the Measure unless and until
(b) any representations duly made under sub-paragraph (a) have been considered.
(3) Subject to fulfilling the requirements of paragraph (2) of this rule in any case falling within that paragraph the archdeacon may make an order in Form No 15 in Appendix C.
(b) by sending it by post to that address, or (c) by leaving it at a document exchange as provided for in paragraph (3) of this rule; or (d) by FAX as provided for in paragraph (4) of this rule; or (e) in such other manner (including electronic means) as the chancellor or registrar may direct.
(2) For the purpose of this rule, and of the Interpretation Act 1978 in its application to this rule, the proper address of any person on whom a document is to be served under this rule shall be -
(b) the business address of the solicitor (if any) who is acting for him in the proceedings.
(3) Where -
(b) there is inscribed on the writing paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by solicitor) a document exchange box number, and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange,
service of the document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.
(b) the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such a solicitor; and (c) the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number and for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such a solicitor is willing to accept service by FAX unless he has indicated in writing that he is not prepared to do so.
(5) Any document required by these Rules to be submitted to the diocesan registry may be delivered at the registry, or sent by post properly addressed to the registrar at the registry.
(b) amended, provided that the amendment will not constitute a substantial change in the works or proposals already authorised by the faculty.
Procedural Questions (A) In addition to any authority conferred on the archdeacon by the chancellor's guidance under section 11(8) of the Measure, the archdeacon has jurisdiction in faculty matters in respect of any of the matters set out below which affect any parish church, licensed building, consecrated chapel, curtilage of such building or churchyard (whether consecrated or not), which is within the jurisdiction of the consistory court. (B) In any case where a church has been in receipt of grand aid from English Heritage or other publicly funded grant making body, a faculty shall not be granted until the archdeacon is satisfied that the specification for the works to the fabric under items 1(i) and (ii) or works involving additions to the fabric under item 2(b) has been agreed with English Heritage or other publicly funded grant making body as is required by the terms of the relevant grant. 1. Work to the fabric
(ii) external or internal decoration or redecoration;
except where in the opinion of the advisory committee the work proposed is likely to affect the character of the church as a building of special architectural or historic interest;
(iv) treatment of timber against beetle or fungal activity.
2.
Work affecting fixtures
(ii) repairs to and redecoration of fixtures (with matching materials); (iii) repairs to broken or cracked quarries in clear glazed windows; (iv) repairs, rewiring and minor alterations to an existing electrical system; (v) repairs to lightning conductors; (vi) repairs to organs or harmoniums using matching materials; (vii) repairs using matching materials to bells and bell frames and replacement of parts not requiring the removal of the bells from their frames; (viii) repairs using matching materials to and redecoration of clock and clock faces; (ix) treatment of fixtures against beetle or fungal activity; (x) repair of flagpole fixed to the fabric of the building; (xi) repair of wire mesh window guards with non-ferrous fittings.
(b) New Work
(b) the archaeological importance of the church, or (c) archaeological remains existing within the church or its curtilage):
(i) installation of a new heating system including laying of electrical cables, gas pipes or water mains through the churchyard;
3.
Work affecting movables
(ii) repairs to movables (using matching materials) not including Royal Coats of Arms, unfixed hatchments, heraldic achievements, paintings, historic textiles, historic silver and base metal work; (iii) installation of minor items of furniture or minor fixtures in the church; (iv) provision of new or replacement carpets and curtains; (v) introduction of altar frontals and falls; (vi) a scheme for replacement of all or a substantial number of hassocks; (vii) laying up of banners; (viii) introduction of a Book of Remembrance and a stand for it; and (ix) removal or disposal of any items (iii)-(vii) above.
4.
Work affecting churchyards
(ii) repairs to walls, fences, gates and lych gates where matching materials are to be used; (iii) introduction of a garden seat (including any memorial inscription); (iv) provision or replacement or repainting in a new colour scheme of a noticeboard; (v) introduction of a free standing flagpole.
1. Where the works for which a faculty is to be sought
(b) are likely to affect the archaeological importance of the church or archaeological remains existing within the church or its curtilage or, (c) involve demolition affecting the exterior of an unlisted church in a conservation area
then, at the same time as advice is being sought from the advisory committee consultation should take place with English Heritage, any national amenity society likely to have an interest in the church or works, and the local planning authority so far as provided by and in accordance with the criteria set out in the following paragraphs.
(ii) Grade II - Consultation should take place for a Grade II church in respect of alteration within paragraph (1)(a) which comprises the demolition or removal of all or substantial part of the structure of the interior. For this purpose the structure of the interior includes principal internal elements such as a staircase, gallery, load-bearing wall, floor structure or roof structure and major internal fixtures such as fixed pews, a rood screen or an organ; (iii) Archaeology - Consultation should take place in respect of works within paragraph 1(b) affecting any church or its curtilage.
3.
The National Amenity Societies
(b) the removal of major internal fixtures such as fixed pews, a rood screen or an organ; (c) the addition of any significant new element such as the creation of new spaces through subdivision.
6.
Documents to accompany consultation
(b) a Statement of Significance and a Statement of Needs.
6.1 The particulars given under paragraph 6(a) above should be sufficiently clear for a comparison to be made between the church in its existing state and in its future state if the works are permitted to be carried out so as to enable an assessment to be made of the likely impact of the works on the listed church. Rule 3 In the Diocese of Parish of: Church of: The Church is/is not listed under the Planning (Listed Buildings and Conservation Areas) Act 1990.
(b) The Church is not listed but is in a conservation area
(Delete if not applicable.)
(b) the archaeological importance of the church (c) archaeological remains existing within the church or its curtilage.
(Please identify item or items)
![]() (b) the Local Planning Authority ![]() (c) the following National Amenity Societies: (d) the Council for the Care of Churches ![]() (e) the following body or person: ![]()
The reason for this recommendation is that in the opinion of the Committee some or all of the works or proposals: -
(ii) are likely to affect the archaeological importance of the church or archaeological remains existing within the church or its curtilage, or (iii) will involve demolition affecting the exterior of an unlisted church in a conservation area.
(Delete if not applicable.) Rules 4(1) and (3) and (5) To the Consistory Court of the Diocese of Church of in the Parish of We:
*Please use capital letters. Usually the minister and churchwardens should be the petitioners. Please indicate here which of the above should be regarded as the contact address. (Telephone and fax number would also be helpful). Petition as follows: We seek a Faculty to authorise the following: Please set out clearly in numbered paragraphs what you seek permission to do, using wording on the diocesan advisory committee certificate (if one has been obtained), and including the number and date on the architect's or surveyor's drawing[s] and specification[s] where relevant. SCHEDULE OF WORKS OR PROPOSALS Copies of the drawings, plans, specifications, photographs or other documents showing the proposals which were considered by the Diocesan Advisory Committee should be provided with this petition. (Please read before answering the following questions) 1. Although this petition is detailed, it is important to provide full information about your proposal so that it can be dealt with as promptly as possible. Please ensure that you have answered all the relevant questions either on the petition or in an accompanying piece of paper. 2. Sections A, D, E, O, P, S and T should be answered in every case. The remaining sections should only be answered if applicable. 3. Please tick boxes as appropriate. If you cannot fit an answer conveniently into the space provided please use a separate piece of paper and attach it to this petition. A checklist of documents is provided at the end of the petition for your assistance. QUESTIONS (A) Information about your church Please answer this section in every case.
7. If another architect or surveyor is being engaged -
(b) why is he/she being instructed in relation to the proposed works?
(B)
Changes to the interior and/or the exterior of the church
(C) Partial Demolition or Demolition Please answer this section if applicable. Otherwise proceed to the next section.
(D) Financial Information Please answer this section in every case.
(E) Permissions from other bodies Please answer this section in every case.
(F) Archaeological matters Please answer this section if applicable. Otherwise proceed to the next section.
(G) Consultations for works of alteration to the exterior or interior of a listed church Please answer this section if applicable. Otherwise proceed to the next section.
(H) Church Insurance Please answer this section for any work to or in the church.
(I) Introducing new articles into the Church (e.g. furniture, furnishing, fixture or fitting) Please answer this section if applicable. Otherwise proceed to the next section.
(J) Disposal of any item in or belonging to the church Please answer this section if applicable. Otherwise proceed to the next section.
(K) Seats in the church Please answer this section if applicable. Otherwise proceed to the next section.
(L) Work to the chancel Please answer this section if applicable. Otherwise proceed to the next section.
(M) Work affecting monuments etc. in the church Please answer this section if applicable. Otherwise proceed to the next section.
(N) New memorial in the church Please answer this section if applicable. Otherwise proceed to the next section.
(O) Details of contractors Please answer this section when you wish to carry out work of any kind. 30. Please give the name and address of each contractor to be employed for the different aspects of the works, (e.g. builder, electrician, stained glass artist, organ builder etc.).
(P) Time for work Please answer this section in every case.
(Q) Work in a churchyard or burial ground Please answer this section if applicable. Otherwise proceed to the next section.
(R) Archdeacon's licence Please answer this section if applicable. Otherwise proceed to the next section.
(S) PCC resolution Please answer this section in every case. 35. The Parochial Church Council at its meeting on passed unanimously/without dissent/by a majority of to (please delete as appropriate) among those present and voting, a resolution relating to the works or proposals. A copy of such resolution signed by the Chairman/Secretary is attached to this petition. There are members of the Council. (T) The Diocesan Advisory Committee
(U) Further information 37. If there is any further information that the Petitioners would like the Court to take into account, details should be set out in an accompanying statement or letter. The statements in this Petition and the answers to the questions above are true to the best of the knowledge and belief of each one of us. Date: (Signatures of the Petitioners) Please use the following checklist to ensure that all the relevant documentation is enclosed with the petition. If this is not done the petition may have to be returned to you for completion thus causing delay. Have you attached the following documents? Please tick those that are relevant to your proposal:
Note: Although not referred to in the petition please remember to include a copy of the public notice in respect of the work or other proposals in this petition. Rules 6(1) and (6) In the Consistory Court of the Diocese of Parish of: Church of: TAKE NOTICE that we are making application to the Consistory Court of the Diocese for permission to carry out the following Copies of the relevant plans and documents may be examined at (Here the petitioners are to enter an address at which the documents may be examined; they may also be on display in the church. Copies of the relevant plans and documents must be available for inspection at either an address of a petitioner or in the parish and/or on display inside the church.) Petitioners (Each petitioner to give name, and office held in BLOCK CAPITALS please.) 1. 2. 3. Date (Here the petitioners are to enter the date on which this notice was first displayed.) If you wish to object to any of the works or proposals you should write giving reasons for your objection to: THE DIOCESAN REGISTRAR, so that it reaches the registrar not later than , (Here the petitioners are to enter a date 28 days after the date given above) stating your name and postal address, and whether you live in the Parish and/or your name is entered on the electoral roll of the parish or any other capacity in which you write. You must display this Public Notice (or a copy of it) for a continuous period of not less than 28 days, (or for such other period as the court may direct), in each of the following places: 1. On a notice board orin some other prominent position inside the church. 2. On a notice board outside the church or in some other prominent position (whether on the outside of the church door or elsewhere) so that it is readily visible to the public. I, the undersigned, one of the petitioners, hereby certify that a copy of this Public Notice was affixed during the period from to (inclusive)
(ii) outside the church of , on a notice board (or on the principal door) (or ) where it was readily visable to the public (Delete which is not applicable or complete as necessary).
Dated 20 Rule 16(3) and (4) In the Consistory Court of the Diocese of: To the Registrar: Parish of: Church of: In the matter of a petition requesting a faculty for (state generally works or proposals.) I have previously written a letter of objection. My objection relates to the whole (part) of the proposed works or proposals. [The part(s) of the proposed works or proposals to which I object are: (Delete whichever is inapplicable) (A) (B)
The grounds for my objection are: Rules 7(4), 12(2), 16(6) and 27 In the Consistory Court of the Diocese of: Parish of: Church of: The Venerable Archdeacon of OR , Chancellor of the Diocese and Official Principal of the Right Reverend , the Bishop of To and (State names and descriptions of petitioner) A petition presented by you has been submitted to the Registry of this Court together with designs, plans, photographs or other documents, requesting a faculty authorising the works or other proposals specified in the petition. And a public notice was duly displayed giving an opportunity to all persons interested to object and give reasons why a faculty should not be granted and [there are no objections under the Rules to the granting of a faculty] [a letter[s] of objection to the granting of a faculty have been taken into account by the Chancellor in reaching the decision that a faculty should be granted] [objections having been received to the granting of a faculty and all the parties to the proceedings having agreed in writing that the Chancellor should determine the proceedings upon written representations, the Chancellor has decided for the reasons given in a judgment dated 20 that a faculty should be granted] [objections having been received to the granting of a faculty the Chancellor held a hearing at which oral evidence was given, and has decided for the reasons given in a judgment dated 20 that a faculty should be granted] (Use whichever form of words is appropriate in the case in question and delete the remainder) This Court now grants a faculty authorising you to carry out the works or other proposals in accordance with the designs, plans or other documents accompanying the petition and subject to the conditions set out in the Schedule below. The works should be completed within (to be inserted) months from the date below or such further period as this Court may allow and the certificate of completion is to be sent to the Registry within the period allowed. A copy of this faculty is to be supplied by you to the architect or surveyor and contractors to be employed in respect of the authorised work before any work is commenced. This faculty is duly authenticated by the seal of this Court. Dated 20 Signature of Registrar Rule 7(4)(b), 12(2) and 27 In the Consistory Court of the Diocese of To the Registrar Certificate of completion of works authorised by faculty Parish of Church of THE FACULTY was dated 20 and authorised the following works subject to the following conditions (details to be inserted by the Registrar): - 1. COMPANY, FIRM OR PERSON The work was carried out by the following (if a different company, firm or person was employed for different items of work authorised by the faculty details of each must be given): -
Address Type of work undertaken (e.g. building, electrical, organ, heating, clock repairs, the installation of stained glass window etc.) (ii) Name Address Type of work undertaken (If necessary please attach a separate piece of paper with additional details.)
The company, firm or person named above was supplied with a copy of the faculty before the work was commenced.
Name Address (ii) The above-named architect/surveyor
(b) has issued a Practical Completion Certificate dated in relation to [the whole][part] of the authorised works. (Delete bracket alternative as appropriate.)
3.
CERTIFICATION BY CHURCHWARDENS
(ii) We certify that all the conditions attached to the faculty have been complied with. (iii) We have given a copy of this certificate to the Archdeacon and have placed a copy in the church's logbook.
Name of churchwarden (Please print) Rule 9 In the Consistory Court of the Diocese of The Venerable Archdeacon of Parish of Church of To the Reverend You have requested permission to carry out temporary minor re-ordering, and have satisfied me that you have the support of a majority of the Parochial Church Council and that it is expedient to grant your request. I NOW give you my LICENCE
(b) for the period expiring on the date given below (which cannot exceed 15 months from the date of this licence). (c) subject to the conditions set out overleaf (including conditions as to how the minor re-ordering is to be carried out and the safeguarding and storing of any item moved as a result of the reordering).
WORKS OR PROPOSALS
(b) If such a petition is submitted then the period of authorisation given by this licence set out above will continue in force until determination of your petition. (c) If no such petition is submitted, you must immediately after expiry of the period set out above, cause the position as it existed before the grant of the licence to be restored.
CONDITIONS TO BE COMPLIED WITH ON CARRYING OUT OF WORKS OR PROPOSALS Rule 11 In the Consistory Court of the Diocese of: To the Secretary of the Diocesan Advisory Committee This is to notify you that a petition for a faculty requiring the advice of the Advisory Committee was submitted to the Registry on the 20 Details of the petition are as follows: - 1. Name of Petitioners (and office held) (1) (2) (3) 2. Parish of 3. Church of 4. Description of Works or Proposals in Schedule to petition is [annexed] [as follows] Signed Registrar of the Diocese Date 20 Rule 15 To the Secretary of the Council for the Care of Churches In the Consistory Court of the Diocese of Church of The Chancellor is considering a petition for a faculty which (a) (1) concerns an article of particular historic, architectural, archaeological or artistic interest and falls within rule 15(1)(i); (2) involves the alteration to or extension of a listed church or reordering of the church and falls within rule 15(1)(ii); (3) involves the movement or removal of an article within rule 15 and falls within rule 15(1)(iii); (4) is not a case within rule 15(1) but the chancellor considers that advice from the Council would be of assistance in relation to the petition.I enclose (b) (1) a copy of the petition together with a copy of the petitioner's Statement of Needs and a copy of the petitioner's Statement of Significance (for a listed church); (2) copies of plans and other relevant documents submitted with the petition; (3) a set of photographs; (4) a copy of the certificate of the Diocesan Advisory Committee.The Chancellor seeks advice on the following: The advice of the Council should be sent to me as soon as practicable but in any event no later than 6 weeks from the date of receipt of this notice. Date Signature of Registrar Note:
(b) Please tick boxes as appropriate.
Rules 22, 23 and 24 In the Consistory Court of the Diocese of Parish of Church of I, of , apply to give evidence in open court in the proceedings for a faculty to in the above church. I am [a member of] [a person] duly authorised by [the Council for the Care of Churches] [English Heritage] to give evidence in these proceedings. A copy of my authority is attached to this application together with a statement of the evidence to be given in the proceedings. Dated 20 Signature of Applicant Rule 22 In the Consistory Court of the Diocese of Parish of Church of I, of , apply under section 17(4)(d)(ii) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 to given evidence in open court in the proceedings for a faculty to demolish [a part of] the above church. I am interested in the proceedings because: - 1. Here state the reason e.g. that the applicant is a parishioner, but the reason need not necessarily disclose an interest in the legal sense. I wish to give evidence in relation to the following matter(s): - 2. State in headings the matters on which the applicant proposes to give evidence. Dated 20 Signature of Applicant Rule 28 To I, Bishop of in pursuance of section 16(3) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 appoint you to act in the place of the Archdeacon of [the Archdeaconry being vacant] [the Archdeacon being incapacitated] [the Archdeacon being in my opinion unable or unwilling to act] [it being inappropriate in my opinion for the Archdeacon to act] in the matter of Here specify the case on which the person appointed is required to act. Dated 20 Signature of Bishop Rule 29(1) In the Consistory Court of the Diocese of The Venerable Archdeacon of Parish of Church of To of and of (churchwardens) and of (a person having custody of the article(s) described in the Schedule to this Order) TAKE NOTICE that it appears to me that the article(s) described in the schedule which appertain to the above named church, is/are of architectural, artistic, historical or archaeological value and that it is/they are exposed to danger of loss or damage and IT APPEARS TO ME that the article(s) should be removed to a place of safety immediately because I THEREFORE DIRECT you to remove the article(s) to the following address not later than 4.00 p.m. on (day) the (date) 20 Address of Place of Safety: Postcode I HEREBY NOTIFY you that if you refuse or fail to comply with this Order I may apply to the chancellor for an Order that you deliver the article(s) to the place of safety which I have identified above and I may request the chancellor to make an order that you pay the costs of such an application if you are found to have unreasonably refused or failed to comply with this order. Signature of Archdeacon Date 20
(b) As this Order has been made as a matter of urgency without giving the advisory committee an opportunity to make representations in connection with the making of the Order as soon as practicable after this Order has been complied with the archdeacon will provide the advisory committee with a copy of this Order and confirm that the article(s) has/have been removed in accordance with the terms of this Order. (c) Within 28 days after the article(s) in the schedule to this order has/have been removed to the place of safety stated in this order the archdeacon is required to apply to the chancellor for a faculty authorising the retention there of the article(s) and the chancellor will then decide for what period the article(s) should be retained in the place of safety, or any alternative place of safety, and will grant or refuse a faculty accordingly.
Rule 29(2) In the Consistory Court of the Diocese of The Venerable Archdeacon of Parish of Church of THIS NOTICE is given to
(b) of (as a person having custody of the article(s) described in the schedule to this notice) (a) of (secretary of the Parochial Church Council) (d) the secretary of the advisory committee.
I HEREBY give you NOTICE that it appears to me that the article(s) described in the Schedule below which appertain to the above-named church is/are of architectural, artistic, historical or archaeological value. The facts summarised below appear to me to show that the article(s) is/are exposed to danger of loss or damage and I am proposing to make an order directing the churchwardens and any other person having custody of article(s) to remove it/them from the church and deposit it/them in a place of safety. The facts as they appear to me are 1. 2. If any person named above wishes to make any representations to me about my proposal to make such an order those representations must be sent to me in writing before 20 (being a date not less than 28 days after service of this notice upon you) and I shall consider them and will not make any order until after that date. Signature of Archdeacon Date 20 Note An "article" for the purpose of section 21 and this Notice includes part of an article and anything affixed to land or a building (section 31(1)) but does not include a record or register to which section 10(1) of the Parochial Registers and Records Measure 1978 applies. Rule 29(3) In the Consistory Court the Diocese of The Venerable Archdeacon of Parish of Church of To of and of (churchwardens) and of (a person having custody of the article(s) described in the Schedule to this Order). Having considered the representations made to me/no representations having been made to me/ by the date specified in my Notice dated 20 inviting representations about my proposal to make an Order requiring the removal of the article(s) in the Schedule to the Notice to a place of safety, I am of the opinion that the article(s) in the Schedule to this Order ought to be removed to a place of safety. I THEREFORE DIRECT you to remove the article(s) to the following address not later than 4.00 p.m. on (day) the (date) 20 . Address of Place of Safety: Postcode I HERBY NOTIFY YOU that if you refuse or fail to comply with this Order I may apply to the Chancellor for an Order that you deliver the article(s) to the place of safety which I have identified above and I may request the Chancellor to make an order that you pay the costs of such an application if you are found to have unreasonably refused or failed to comply with this order. Signature of Archdeacon Date 20 NOTES
(b) Within 28 days after the article(s) in the Schedule to this Order has/have been removed to the place of safety stated in this Order the Archdeacon is required to apply to the Chancellor for a faculty authorising the retention there of the article(s) and the Chancellor will then decide for what period the article(s) should be retained in the place of safety or any alternative place of safety and will grant or refuse a faculty accordingly.
Please note: Before completing this petition please read the guidance on faculty applications concerning trees as issued by the chancellor of the diocese. The guidance will inform you about whether or not a faculty is required for the work you propose to do. If a faculty is not required do not complete this form. In the Consistory Court of the Diocese of Parish of We State in respect of each petitioner in capital letters (a) full name (b) residential address and (c) office held (e.g. churchwarden). Normally the minister in charge of the churchyard or burial ground should be one of the petitioners. For closed churchyards maintained by a local authority the petitioner should be the local authority. apply for a faculty authorising work concerning a tree (or trees) in the churchyard of burial ground or closed churchyard located at (please give location) Signatures of Petitioners Questions 1-4 should be answered in every case.
4. Please enclose a plan of the entire churchyard or burial ground showing the location of the tree(s) concerned and any proposed planting sites. If you wish to plant a tree or trees please answer questions 5 to 9 5. What type of tree(s) is it proposed to plant? 6. What is the likely height and spread (diameter) of the tree(s)?
(Note: Surface roots may cause severe damage to paths. The roots of some types of trees actively seek and may damage and block drains. Fallen leaves of deciduous trees may, if they are slow to decay, pose a danger on paths and may block gutters and surface drains.) 7. How far is the proposed planting site from the following?
8. Is the proposal part of an on-going scheme of planting, if not, what is the reason? 9. If the application is for a single tree what is the reason for the proposal? If you wish to fell a tree or trees please answer questions 10 to 18
11. What is the size and approximate height, spread (diameter) and age of the tree(s) if known?
12. If you answered yes to question 2, has notice of the work been given to the local authority? Yes (Enclose a copy of any letter from the local authority.)No ![]() 13. If you answered yes to question 3, has consent been obtained from English Nature? Yes (Enclose a copy of a letter from English Nature.)14. Is the tree subject to a Tree Preservation Order? If yes, what is the Tree Preservation Order Number?
15. What is the reason for the proposal to fell? 16. Has a specialist report been obtained from a local authority tree officer or other suitably qualified expert? Yes (Please attach a copy of the report).No ![]() 17. Who is to carry out the work? 18. Are there any proposals to replace the tree? Yes (Please give details separately).No ![]() If you wish to carry out lopping, topping or other major pruning of a tree of trees please answer questions 19 to 26
20. If you answered yes to question 2, has consent been obtained from the local authority? Yes (Enclose a copy of letter from the local authority).No ![]() 21. If you answered yes to question 3, has consent been obtained from English Nature? Yes (Enclose a copy of letter from English Nature).22. Is the tree subject to a Tree Preservation Order? If yes, what is the Tree Preservation Order Number?
23. What method of lopping, topping or other major pruning is proposed? (Major pruning includes lopping, pollarding, coppicing, crown thinning and crown lifting.) 24. Is this a traditional method of dealing with this type of tree? 25. Has a specialist report been obtained from a local authority tree officer or other suitably qualified expert? Yes (Please attach a copy of the report).No ![]() 26. Who is to carry out the work? This section to be completed by Incumbent/Priest-in-charge or during a vacancy by the Chairman of the PCC
2. If yes, please complete the following: The Parochial Church Council at its meeting on 20 passed unanimously/ without dissent/ by a majority of to of those present and voting (delete where not applicable) a resolution relating to the application. There are members of the Council. A copy of such resolution signed by the Chairman/Secretary (delete where not applicable) is attached to this Petition. 3. Is there any other information that you would like the Chancellor to be aware of or take into account? Please use a separate sheet if necessary. Signature Date: 20 Incumbent/Priest-in-charge/PCC Chairman (delete where not applicable) Return this form to: 1. The Secretary to the Diocesan Advisory Committee, 2. The Diocesan Registrar, after consideration by the Diocesan Advisory Committee. (This note is not part of the Rules) These Rules are made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. They replace the Faculty Jurisdiction Rules 1992 which introduced various changes in procedure in conjunction with the implementation of the 1991 Measure. The general framework of the procedure established by the 1992 Rules is continued in these new Rules but some changes in procedure have been introduced. Rules 3 to 6 concern various preliminary procedural matters relating to a petition for the grant of a faculty, in particular, the obtaining of advice from the Diocesan Advisory Committee, consultation with English Heritage, the National Amenity Societies and the Local Planning Authority in the case of a proposal to make significant changes to a listed church, the submission of a petition to the diocesan registry and the display of a public notice describing the works or proposals. Rule 3(4) provides the procedure where the proposal is for work to trees for which a faculty is required. Rules 7 to 10 deal with matters which fall within the jurisdiction of the archdeacon, including the power in Rule 9 to licence the temporary re-ordering of a church for a period of up to 15 months. Rule 11 sets out the procedure for the maintenance of a register of petitions by the secretary of the Diocesan Advisory Committee. Rules 12 to 27 deal with matters which fall within the jurisdiction of the chancellor. In particular, they provide for specific bodies to be specially notified in relation to faculties in certain cases (Rule 13(3), for advice to be sought from the Council for the Care of Churches (Rule 15), and for objectors to choose between having a letter of objection taken into account by the chancellor or becoming a formal party to the proceedings. The chancellor has extensive power to give directions having regard to all the circumstances of the case (and with particular reference to the desirability of minimising dispute) (Rule 19). Rules 28 to 38 contain miscellaneous and general provision including the procedure applicable when an archdeacon makes an order for the removal of an article to a place of safety under section 21 of the 1991 Measure. Appendix A lists the specific faculty matters over which the archdeacon has jurisdication. Appendix B sets out the criteria for consultation with English Heritage, the National Amenity Societies and the Local Planning Authority. Appendix C contains the forms and notices specified in the Rules. Notes: [1] 1991 No. 1.back
ISBN 0 11 099666 6
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