Statutory Instrument 2000 No. 2047

      The Faculty Jurisdiction Rules 2000


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STATUTORY INSTRUMENTS


2000 No. 2047

ECCLESIASTICAL LAW, ENGLAND

The Faculty Jurisdiction Rules 2000

Approved by the General Synod      10th July 2000

  Made 10th July 2000 
  Laid before Parliament 31st July 2000 
  Coming into force 1st January 2001 


ARRANGEMENT OF RULES


PART I

Preliminary
1. Citation, commence and revocation
2. Interpretation

PART II

Petition and Public Notice
3. Seeking Advisory Committee Advice and Submitting Petition
4. Submission of Petition
5. Petition for Partial Demolition or Demolition
6. Public Notice

PART III

Matters within the Archdeacon's Jurisdiction
7. Allocation to the Archdeacon
8. Referral from the Archdeacon to the Chancellor
9. Temporary Re-ordering
10. Referral by the Registrar to the Chancellor
11. Register of petitions

PART IV

Matters within the Chancellor's Jurisdiction
12. Matters for Chancellor
13. Requirements as to Notice of Petition
14. Advice of Advisory Committee
15. Consultation with the Council for the Care of Churches
16. Objections to Petition
17. Unopposed Petition
18. Further Pleadings
19. Directions
20. The Hearing
21. Evidence
22. Petition for Partial Demolition or Demolition
23. Evidence of Council for the Care of Churches
24. English Heritage
25. Judge's Witness
26. Disposal of Proceedings by Written Representation
27. Issue of Faculty after opposed proceedings

PART V

Miscellaneous and General
28. Appointment of person to act for Archdeacon
29. Removal of article to place of safety
30. Appointment of person to sit as clerk of the court in place of registrar
31. Service of document
32. General Provisions
33. Non-compliance and setting aside
34. Procedural Questions
35. Adjournment of hearing
36. Departure from Forms in Appendix C
37. Application
38. Transitional Provisions

  APPENDIX A Archdeacon's Jurisdiction in Faculty Matters

  APPENDIX B Consultation with English Heritage, any National Amenity Society and the Local Planning Authority

  APPENDIX C
 Form No 1. Diocesan Advisory Committee Certificate
 Form No 2. Petition
 Form No 3. Public Notice and Notice of Objection
 Form No 4. Particulars of Objection to Petition for Faculty
 Form No 5. Faculty
 Form No 6. Certificate of Completion of Works authorised by Faculty
 Form No 7. Licence for Temporary Re-ordering
 Form No 8. Notice by Registrar to Secretary of Diocesan Advisory Committee for Register of Petitions
 Form No 9. Notice requesting advice from the Council for the Care of Churches
 Form No 10. Application by Member of Council for the Care of Churches or by English Heritage to give Evidence
 Form No 11. Application by person other than Member of Council for the Care of Churches to give Evidence
 Form No 12. Instrument of appointment of person to act for Archdeacon
 Form No 13. Order requiring immediate removal of an article to a place of safety
 Form No 14. Notice inviting representations about removal of an article to place of safety
 Form No 15. Order following a Notice given in Form No 14
 Form No 16. Application to Diocesan Advisory Committee/Petition for Faculty for work concerning trees.

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: - 



PART I

PRELIMINARY

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

    "The archdeacon" means the archdeacon of each archdeaconry in the diocese;

    "advisory committee" in relation to a diocese or archdeaconry means the Diocesan Advisory Committee of the diocese or of the diocese in which the archdeaconry is situated, as the case may be;

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

    "church" includes the curtilage of a church unless the context otherwise requires;

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

    "confirmatory faculty" means a faculty which validates any act requiring a faculty (including any work to the fabric or fixtures of any church or any movables therein, or the introduction into or removal from the church or churchyard of any item, or any work affecting any churchyard) which has been done without prior authorisation by faculty;

    "the Council" refers to the Council for the Care of Churches;

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

    "exhumation" means the removal from the ground, catacomb, mausoleum, or columbarium of a body or cremated human remains;

    "interim faculty" means any licence or order made by the chancellor in respect of any works or proposals pending the final determination by him of a petition for faculty for such works or proposals;

    "listed church" or "listed building" means a building which is listed under the Planning (Listed Buildings and Conservation Areas) Act 1990;

    "The Measure" means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;

    "minister" has the same meaning in these Rules as in the Measure;

    "national amenity society" means any of the following, the Ancient Monuments Society, the Council for British Archaeology, the Georgian Group, the Society for the Protection of Ancient Buildings, the Victorian Society, the Twentieth Century Society and such other body as may from time to time be designated by the Dean of the Arches and Auditor as a national amenity society for the purpose of the Measure;

    "Statement of Needs" means a document which set out the reasons why it is considered that the needs of the parish cannot be met without making changes to the church building and the reasons why the changes are regarded as necessary to assist the church in its worship and mission;

    "Statement of Significance" means a document which summarises the historical development of the church and identifies the important features that make major contributions to the character of the church.

    (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.



PART II

PETITION AND PUBLIC NOTICE

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 - 

    (a) provide the advisory committee (in addition to the particulars required by paragraph (2) of this rule) with a Statement of Significance and a Statement of Needs, and

    (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.

    (5) If the advisory committee decides to recommend the works or proposals or to raise no objection to them its decision together with any provisos shall be set out in a certificate in Form No. 1 in Appendix C and shall be sent to the intending applicants together with the designs, plans, photographs and other documents which were submitted to the advisory committee under paragraph (2) of this rule and are the subject of the certificate.

    (6) If the advisory committee decides not to recommend the works or proposals it shall inform the intending applicants by way of a certificate in Form No. 1 in Appendix C and shall advise them that they are entitled to petition for a faculty from the chancellor, if they so wish, notwithstanding the committee's decision.

    (7) When the advisory committee issues a certificate under paragraph (5) or (6) the certificate may include a recommendation to the intending applicants that they should consult English Heritage, or the local planning authority, or one or more of the national amenity societies, or the Council for the Care of Churches or any other body or person about some or all of the works or other proposals for which a certificate is sought if they have not already done so, and the advisory committee shall consider including such a recommendation in any case where it appears to the committee that the works - 

    (a) involve alteration to or extension of a listed church to such an extent as is likely to affect its character as a building of special architectural or historic interest, or

    (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
    
4.  - (1) As soon as they have received the advice of the advisory committee under paragraph (5) or (6) of rule 3 the applicants may submit to the diocesan registry a petition for a faculty in Form No. 2 in Appendix C in respect of the works or other proposals and

    (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.

    (3) As soon as they have received the advice of the advisory committee under rule 3(5) or (6) in respect of works within rule 3(4) the applicants may send or deliver to the diocesan registry the petition for a faculty in Form No. 16 in Appendix C which was considered by the advisory committee.

    (4) Notwithstanding that any of the requirements of rule 3 have not been complied with a petition may at any time be submitted to the diocesan registry and every petition shall (subject to rule 36) be in Form No. 2 or in Form No. 16 in Appendix C.

Petition for Partial Demolition or Demolition
    
5. A Petition for a faculty for the partial demolition or demolition of a church shall include all such statements and information, so far as relevant, as are required by Form No. 2 in Appendix C.

Public Notice of Petition for a Faculty
    
6.  - (1) As soon as a petitioner is ready to submit a petition for a faculty the petitioner shall fill in the public notice in Form No.3 in Appendix C (except where the petitioner is not the minister or a churchwarden or where the petition relates to exhumation or reservation of a grave space) and shall describe the works or proposals in the public notice in the same manner as they are described in the schedule to the petition.

    (2) Notwithstanding paragraph (1) above any petitioner may, if he so wishes, consult the registrar for advice prior to completing any petition or public notice, and he should do so in respect of a public notice where the petition relates to a matter which is not within Appendix A.

    (3) As soon as a petitioner has filled in the public notice he shall immediately - 

    (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.

    (5) If on receipt of the petition and copy public notice the registrar considers that - 

then the registrar may give such directions to the petitioners as are appropriate in the circumstances of the case.

    (6) Upon the expiry of the period of 28 days required under paragraph (4) or such longer period as may be directed under paragraph (5)(d) of this rule the public notice or a copy thereof shall be returned to the registrar by the petitioners with the certificate of publication duly completed in accordance with Form No. 3 in Appendix C.



PART III

MATTERS WITHIN THE ARCHDEACON'S JURISDICTION

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 - 

    (a) the faculty in Form No. 5 in Appendix C, and

    (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.

Referral from the Archdeacon to the Chancellor
    
8.  - (1) An archdeacon who - 

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.

    (2) An archdeacon may for any reason decline in advance to exercise jurisdiction in relation to any petition for faculty within Appendix A and may after referral of a petition falling within the archdeacon's jurisdiction, return the petition to the registrar with a request that the petition or any matter raised in it be referred to the chancellor for decision or advice.

    (3) If an archdeacon becomes aware of any matter for which a faculty is required and considers that the matter - 

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.

Temporary Re-ordering
    
9.  - (1) On the application of a minister and the majority of the parochial church council an archdeacon may give a licence in writing in accordance with Form No. 7 in Appendix C for a temporary period not exceeding 15 months for a scheme of minor re-ordering provided the archdeacon is satisfied that - 

    (2) The archdeacon may add such other conditions to the licence as may be considered necessary.

    (3) A copy of any such licence shall be submitted to the registrar and the secretary to the advisory committee.

    (4) The period specified in the licence shall not be extended by the archdeacon provided that where a petition for a chancellor's faculty in respect of the scheme is submitted to the registry not later than two months before the expiry of the period the scheme shall be deemed to be authorised until the determination of the petition by the chancellor.

    (5) An archdeacon may for any reason decline to grant such a licence in which event the archdeacon shall advise the minister to apply to the chancellor for an interim faculty authorising the scheme.

Referral by the Registrar to the Chancellor
    
10.  - (1) Notwithstanding anything in rule 7(1) the registrar shall refer the petition to the chancellor when it appears that - 

    (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.

    (3) If any petition is referred to the chancellor pursuant to rules 8(1) or (2), or 10(1) or (2) above then, unless the chancellor orders otherwise, the matter shall proceed from the stage reached in the proceedings immediately before the petition was sent to the archdeacon under rule 7(2) as if the petition had been presented to the chancellor from the commencement of the proceedings.

Register of Petitions
    
11. On receipt of any petition for a faculty for which the advice of the advisory committee is required to be sought under the Measure or these Rules the registrar shall notify the secretary to the advisory committee of the details of the petition in Form No. 8 in Appendix C and the secretary shall enter the details in the register of petitions maintained on behalf of the advisory committee.



PART IV

MATTERS WITHIN THE CHANCELLOR'S JURISDICTION

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

    (a) involve alteration to or extension of a listed church to such an extent as is likely to affect its character as a building of special architectural or historic interest, or

    (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.

    (4) In any case falling within

      (i) paragraph (3)(a) of this rule which affects a grade I or grade II* listed church or the exterior of a grade II listed church, or

      (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.

    (6) Where a body has been specially notified pursuant to paragraph (3) or (5) of this rule that body shall have a period of 28 days from the date of service of special notice within which to send to the registry and the petitioners a written notice of objection containing the information required by Form No 4 in Appendix C or to send comments to the registrar in respect of the proposed works.

    (7) Where the petition is for a faculty for the partial demolition or demolition of a church and falls within section 17(2) or (3)(a) of the Measure

    (a) the registrar shall give notice in writing to the bodies specified in section 17(4)(b) and, if relevant, to the bodies specified in section 17(5)(a) of the Measure and the bodies concerned shall have a period of 28 days from the date of the notice within which to give advice or to send to the registry and the petitioners a written notice of objection containing the information required by Form No 4 in Appendix C in respect of the proposed partial demolition or demolition,

    (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:

      (i) in the case of the London Gazette not more than 28 days after the petition was submitted to the registry,

      (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.

    (9) In the case of petition for a faculty for exhumation, the chancellor shall have the following powers that is to say:

    (a) if the chancellor is satisfied that any near relatives of the deceased person still living and any other persons who in the opinion of the chancellor it is reasonable to regard as being concerned with the matter are the petitioners or that they consent to the proposed faculty being granted, then the chancellor may dispense with the issue of a public notice and decree the issue of the faculty immediately;

    (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

    (a) may dispense with the display of a notice under rule 6, and

    (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.

Advice of Advisory Committee
    
14. Save where a petition relates exclusively to exhumation or reservation of a grave space or the chancellor is satisfied that the matter is sufficiently urgent to justify the grant of a faculty without obtaining the advisory committee's advice the chancellor shall not make a final determination in any cause of 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) in respect of the same works or proposals not more than 12 months prior to the submission of the petition the advisory committee may, if appropriate, confirm that they do not wish to alter that certificate.

Consultation with the Council for the Care of Churches
    
15.  - (1) Paragragh (2) of this rule applies where a petition for a faculty - 

    (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.

    (3) In any case not within paragraph 1 of this rule where the chancellor considers that advice from the Council would be of assistance in relation to a petition for a faculty, the chancellor may direct the registrar to serve on the Council notice in Form No. 9.

    (4) Where notice in Form No. 9 is served under this rule, the registrar shall also serve on the Council a copy of the petition and such plans and other relevant documents which were submitted to the Registry under rule 4(1) as the registrar considers appropriate.

    (5) The written advice of the Council in response to such a notice shall be sent to the registrar as soon as practicable but in any event no later than six weeks from the date of receipt of the notice; if no such advice is received within six weeks (or such longer period as may be granted on request from the Council), the chancellor may proceed to determine the petition without such advice.

    (6) For the purposes of this rule, `article' includes not only an ornament or moveable object but also an object fixed to land or a building, and a part of any such object.

Objections to Petition
    
16.  - (1) Any interested person who wishes to object to a proposed faculty being granted for all or some of the works or other proposals shall at any time during the period of 28 days display of public notice of the petition required by rule 6(4) or such longer period as may be directed under rule 6(5)(d) write to the registrar and to the petitioners a letter of objection so as to arrive within the period of 28 days.

    (2) In this rule "interested person", in relation to a petition for a faculty, means - 

    (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:

    (4) The registrar shall in addition

    (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

    (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.

Unopposed Petition
    
17. In a case where either no letter of objection has been received under rule 16 or, if such letter of objection has been received, no particulars of objection have been submitted within the time allowed by rule 16(4)(iii), or where the chancellor is satisfied that all the parties concerned consent to the grant of a faculty, the chancellor may, subject to the production of any relevant evidence, and subject to the requirements of section 17 of the Measure, grant the faculty.

Further pleadings
    
18. Where particulars of objection have been submitted to the registry the petitioners may, and if ordered to do so shall, submit to the registry a written answer thereto within 21 days of the submitting of those particulars and shall serve a copy of the answer on each of the other parties.

Directions
    
19.  - (1) In any case the chancellor may give directions in writing without a hearing or may hold a hearing for directions which the parties or their representatives (whether or not legally qualified) and such other persons as the chancellor deems fit will be requested to attend. The chancellor or the registrar (if authorised by the chancellor) shall preside at any hearing for directions.

    (2) The purposes of the giving of directions are:

    (3) Having regard to paragraph (2) above the chancellor or the registrar shall direct as appropriate:

    (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:

Time and Place of Hearing
    
20.  - (1) Within the period of 28 days after expiry of the last date of compliance with any directions given under rule 19 above or, where the case is one to which section 17(4)(d) of the Measure applies, the registrar shall lay all the documents submitted to the registry before the chancellor who shall give directions as to a time and place for the hearing of the case.

    (2) In addition to notifying the parties the registrar shall send to the archdeacon, the Council, the advisory committee, and any other body which has given advice to the chancellor, written notice of the time and place of the hearing.

Evidence
    
21.  - (1) The evidence at the hearing of any proceedings for a faculty shall be given orally save that the chancellor upon application by a party or the court of its own motion may by order direct:

    (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.

    (3) Notwithstanding anything in paragraph (1) above, the chancellor shall be entitled on receiving a copy of a written statement to require the attendance at the hearing of the maker of the statement for cross-examination by the parties, and if any party on receiving a copy of the statement applies to the chancellor for an order requiring the attendance of the maker of the statement at the hearing for cross-examination, the chancellor may make an order accordingly, and in the event of the failure of the maker of the statement to attend the hearing when required to do so under this paragraph, his written statement shall not be admitted in evidence save in exceptional circumstances with the leave of the chancellor.

Petition for Partial Demolition or Demolition
    
22. An application to give evidence made by a member of the Council for the Care of Churches or other person by virtue of section 17(4)(d) of the Measure shall be made to the registrar and shall

Evidence of Council for the Care of the Churches
    
23. In any case not falling under rule 22 an application to give evidence may be made by a member of the Council for the Care of Churches or other person authorised by the Council to the registrar in Form No. 10 in Appendix C and be submitted to the diocesan registry not less than 21 days before the hearing and shall be accompanied by a statement of the evidence to be relied upon.

English Heritage
    
24. In any case where English Heritage has been specially notified pursuant to rule 13(3) or in any other case an application to give evidence may be made by English Heritage to the registrar in Form No. 10 in Appendix C and be submitted to the diocesan registry not less than 21 days before the hearing and shall be accompanied by a statement of the evidence to be relied upon.

Judge's Witness
    
25.  - (1) The chancellor may direct the attendance of a member of the advisory committee, the Council for the Care of Churches or any other person to give evidence at the hearing of any petition for a faculty, if it appears to the chancellor that the person directed to attend may be able to give relevant evidence and is willing to give it.

    (2) Where any person has applied in accordance with rule 22, 23 or 24 or has been directed under paragraph (1) to give evidence in proceedings for a faculty, the registrar shall give to the parties to the proceedings not less than 14 days' notice in writing that the evidence is to be given and of the name and address of the proposed witness and, in the case of a witness directed under paragraph (1) of this rule, of the nature of the evidence required of him.

    (3) Evidence given by any such person as is referred to in paragraph (2) of this rule shall be subject to cross-examination by the party or parties to the proceedings and any such witness may be permitted to ask questions of the party or parties with the leave of the chancellor.

Disposal of Proceedings by Written Representation
    
26.  - (1) If the chancellor considers it expedient to do so and is satisfied that all the parties to the proceedings have agreed in writing, then the chancellor may order that the proceedings shall be determined upon consideration of written representations instead of by a hearing in court provided that no such order may be made in any case in which the chancellor is required to hear evidence in open court for the purposes of section 17(2) or 3(a) by virtue of section 17(4) of the Measure

    (2) Where an order has been made by the chancellor under paragraph (1) above the registrar shall give notice

    (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.

    (4) Any party against whom an order declaring him to be in default is made may at any time apply to the court to revoke that order, and the chancellor may as a matter of discretion revoke the order on such terms as to costs or otherwise as may be just.

    (5) Notwithstanding the existence of an order that the proceedings shall be dealt with by written representations, the chancellor may at any stage revoke the order and direct that the proceedings shall be determined at an oral hearing and the chancellor shall thereupon give directions for the future conduct of the proceedings.

    (6) The chancellor may, whether or not an application is made to the court by any party, inspect the church or any article or thing the subject of the petition or concerning which any question arises in the proceedings.

    (7) If no order has been made under paragraph (5), the chancellor shall determine the proceedings upon the pleadings and the written statements and evidence submitted under this rule, and the chancellor's decision shall be as valid and binding on all parties as if it had been made after an oral hearing.

    (8) The chancellor or the registrar (if so authorised by the chancellor) may give such other directions as appear just and convenient for the expeditious dispatch of proceedings under this rule.

Issue of Faculty after opposed proceedings
    
27. If the chancellor decides to grant a faculty following either an oral hearing or a determination on the basis of written representations under rule 26 the registrar shall issue a faculty in Form No. 5 in Appendix C adapted to meet the circumstances of the case and shall issue a certificate in Form No. 6 in Appendix C to be completed in accordance with the requirement in the faculty.



PART V

MISCELLANEOUS AND GENERAL

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

    (a) the churchwardens and any other person having custody of the article and the parochial church council and the advisory committee have been notified by Form No. 14 in Appendix C of the facts as they appear to the archdeacon and that written representations made by any of them will be considered if made before the date specified in the notice being not less than 28 days after the service of the notice, and

    (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.

Appointment of person to sit as clerk of the court in place of the registrar
    
30. If the chancellor by whom any proceedings for a faculty are to be heard is of opinion that by reason of the fact that the registrar has acted for any of the parties or has otherwise been personally connected with the proceedings the registrar ought not to sit as clerk of the court at the hearing, another practising solicitor or diocesan registrar shall be appointed by the chancellor to sit as such clerk in place of the registrar.

Service of Document
    
31.  - (1) Service of any document may be effected - 

    (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 - 

    (3) Where - 

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.

    (4) Service by FAX may be effected where

    (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.

General Provisions
    
32.  - (1) Where anything is required by these Rules to be done not more than a specified number of days or weeks after a specified act or event, the day on which the act or event occurred shall not be counted.

    (2) The registrar or chancellor, on an application made by the person concerned, or the court of its own motion, may extend the time within which anything is required to be done by these Rules, and the application may be made although the time has expired.

    (3) The registrar or chancellor may exercise the power under paragraph (2) on an application made without notice to any other party, or may give directions for the giving of notice of the application and for a hearing.

    (4) Any such application may be granted on such terms as the registrar or chancellor thinks just.

    (5) The registrar or chancellor may give leave to any party to amend any pleading at any stage in the proceedings on such terms as are just and in the case of an amended petition such further public notice may be directed as the registrar or chancellor considers necessary having regard to the circumstances of the case.

Non-Compliance and Setting Aside
    
33.  - (1) Non-compliance with any of these Rules shall not render any proceeding void unless the chancellor so directs, but the proceedings may be set aside, either wholly or in part, as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the chancellor thinks fit.

    (2) Whenever it appears to the chancellor that it is just and expedient to do so the chancellor may order that a faculty be - 

Procedural Questions
    
34. Where, in the exercise of the faculty jurisdiction, any procedural question or issue arises, or it is expedient that any procedural direction shall be given in order that the proceedings may expeditiously and justly be disposed of, and where no provision of these Rules appears to the chancellor to be applicable, the chancellor shall resolve such question or issue, or shall give such directions as shall appear to be just and convenient, and in doing so shall be guided, so far as practicable, by the Civil Procedure Rules for the time being in force.

Adjournment of hearing
    
35. The chancellor may adjourn the hearing of any proceedings or application from time to time on such terms as the chancellor considers just.

Departure from Forms in Appendix C
    
36.  - (1) Where any of these Rules (other than rules 3(4) and (5), 4(1) and (4) and 6(1) and (6)) require a document to be in a form set out in Appendix C, and that form is not in all respects appropriate, the Rules shall be construed as requiring a form of the like character, with such variations as circumstances may require, to be used.

    (2) The chancellor may approve and direct forms to be used where a faculty is sought for exhumation or reservation of a grave space or in relation to any memorial in a churchyard or consecrated burial ground or in any other appropriate case except where any of these Rules (other than rule 4(1)) require a document to be in a form set out in Appendix C.

Application
    
37. These Rules shall not apply to any building, curtilage, object or structure which is subject to the faculty jurisdiction by virtue of section 3(2) of the Care of Places of Worship Measure 1999[5] and to which the Faculty Jurisdiction (Care of Places of Worship) Rules 2000[6] apply.

Transitional Provisions
     38. Nothing in these Rules shall affect any faculty proceedings which were instituted before the coming into force of these Rules and were subject to the Faculty Jurisdiction Rules 1992, and the Faculty Jurisdiction Rules 1992 shall contiue to apply in relation to any such proceedings as if these Rules had not been made.


Sheila Cameron

John Bullimore

William Hawkes

Joanna Ingram

Lionel Lennox

Julian Litten

John Owen

+Ian Petriburg:

Frank Robson

Ian Russell

Dated this eighth day of June 2000



Approved by the General Synod this 10th day of July 2000


David Williams
Clerk to the Synod


APPENDIX A
(Rule 7(1))

     (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


      (i) Minor structural alterations not involving demolition or partial demolition;

      (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;

      (iii) repairs (using matching materials);

      (iv) treatment of timber against beetle or fungal activity.

     2. Work affecting fixtures


    (a) Repairs

      (i) repairs and alterations to an existing heating system;

      (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

         The following items of new work (except where the advisory committee has certified that the work proposed is likely to affect:

        (a) the character of the church as a building of special architectural or historic interest, or

        (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;

      (ii) installation of a sound reinforcement system or loop system or alteration to an existing system;

      (iii) installation of a new electrical system or lighting or floodlighting including laying of electrical cables through the churchyard;

      (iv) installation of a wall offertory box;

      (v) installation of a wall safe in a vestry;

      (vi) installation of a lightning conductor;

      (vii) installation of security cameras and alarms or closed circuit television security systems;

      (viii) installation of wire mesh window guards with non-ferrous fittings.

     3. Work affecting movables


      (i) introduction of any article which may lawfully be used in the performance of divine service or the rites of the Church (other than an aumbry);

      (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


      (i) re-surfacing of paths in the same material resulting in the same appearance;

      (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.



APPENDIX B
(Rule 3)


Consultation with English Heritage, any National Amenity Society and the Local Plannning Authority


     1. Where the works for which a faculty is to be sought


    (a) involve alteration to or extension of a church which is listed under the Planning (Listed Buildings and Conservation Areas) Act 1990 to such an extent as is likely to affect its character as a building of special architectural or historic interest, or

    (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.

     2. Consultation with English Heritage


    2.1 The likely effect of the works for which a faculty is sought will determine whether or not English Heritage shall be consulted.

      (i) Grade I or II* - Even small alterations to the structure of a church listed Grade I or II* can affect the character of the building. These include the introduction of different materials or features, the covering over or removal of parts of the structure, changing the composition of existing elements such as stained glass windows, sub-division or additions to the fabric as well as removal of elements or piercing through historic fabric. Consultation should take place in respect of any alteration or extension within paragraph 1(a);

      (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
The age of the church and the nature and likely effect of the works for which a faculty is to be sought will determine which one or more of the national amenity societies should be consulted.

    3.1 Any society likely to have an interest in the church or works should be consulted in respect of works within paragraph 1(a), (b) or (c).

    3.2 Consultation in respect of alteration or extension within paragraph 1(a) should take place to a church of any grade (I, II* or II). Alteration for this purpose has the meaning given in paragraph 5.

     4. The Local Planning Authority
Although listed building consent is not required in addition to a faculty, except where there is an external object or structure listed separately from the church building, consultation should take place with the local planning authority in any case falling within paragraph 1(a) or (b) above. Consultation should also take place for works within paragraph 1(c).

    4.1 Consultation in respect of an alteration within paragraph 1(a) should take place whatever the grade (I, II* or II). Alteration for this purpose has the meaning given in paragraph 5.

     5. Meaning of Alteration for the purpose of consultation with the National Amenity Societies and the Local Planning Authority
For the purpose of consultation under paragraphs 3.2 and 4.1 alteration of a church includes:

    (a) the demolition of a significant part of the structure of the interior, which includes principal internal elements such as a staircase, gallery, floor structure or roof structure;

    (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
The documents which the intending applicants for a faculty should submit to each of the bodies being consulted under paragraphs 2, 3 or 4 above should be - 

    (a) designs, plans or other documents (including photographs) giving particulars of the works together with a summary list of the works;

    (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.

     7. Period for response to consultation
At the same time as submitting the particulars referred to in paragraph 6 to any body consulted under paragraphs 2, 3 or 4 the intending applicants should write to that body stating that a response to consultation will be taken into account provided that it is received within 28 days from the date of the letter.

     8. Diocesan Advisory Committee
Intending applicants should inform the secretary of the advisory committee which of the bodies in paragraphs 2 to 4 above has been consulted and the date when the 28 day period referred to in paragraph 6 is due to expire. On receipt of a response within the 28 day period from any of the bodies consulted, the intending applicants should provide a copy of the response to the secretary of the advisory committee. The advisory committee is not obliged to await a response which is not received within the 28 day period before reaching a decision and issuing a certificate in Form No. 1 in Appendix C.



APPENDIX C


Form No 1

Rule 3

DIOCESAN ADVISORY COMMITTEE CERTIFICATE

In the Diocese of

Parish of:

Church of:

The Church is/is not listed under the Planning (Listed Buildings and Conservation Areas) Act 1990.

    (a) The listing is I/II*/II (or other category, if appropriate)/not known

    (b) The Church is not listed but is in a conservation area

(Delete if not applicable.)

PART 1
I CERTIFY that at a meeting of the Diocesan Advisory Commitee held on      20    

     1. The following works/other proposals were considered:

(The Committee's views on the significance of the works/other proposals are given in Part 2.)

     2. The Committee decided to RECOMMEND the above works/other proposals (SUBJECT to the following provisos:)

    (1)

    (2)

OR

     3. The Committee has NO OBJECTION to the above works/other proposals (SUBJECT to the following provisos:)

    (1)

    (2)

OR

     4. The Committee does NOT RECOMMEND the above works/other proposals for approval for the following principal reasons:

    (1)

    (2)

You are nevertheless entitled to petition for a faculty, if you so wish, notwithstanding the Committee's decision.

    Signed    

    Secretary of the Diocesan Advisory Committee

    Date    

PLEASE NOTE:

    (1) A Certificate under paragraph 2 or 3 does NOT give you permission to proceed with your proposals, unless and until a faculty is granted by the Chancellor (or by the Archdeacon in respect of matters within Appendix A of the Faculty Jurisdiction Rules 2000).

    (2) Whether the Certificate of the Committee under Part 1 is under paragraph 2, 3 or 4 above, any recommendation of the Committee under paragraph 2 of Part 2 below should be followed before submitting a petition for a faculty.

    (3) This certificate is valid for 12 months from the date stated above.

PART 2
The views of the Diocesan Advisory Committee on the following matters are set out below (as appropriate):

     1. For the purposes of the jurisdiction of the Archdeacon under Appendix A to the Faculty Jurisdiction Rules 2000

In the opinion of the Committee the work or part of the work proposed is/is not likely to affect: - 

    (a) the character of the church as a building of special architectural or historic interest,

    (b) the archaeological importance of the church

    (c) archaeological remains existing within the church or its curtilage.

    Particulars of Work

(Please identify item or items)

     2. For the purposes of advising intending applicants on the desirability of consultation with other bodies or persons if they have not already consulted them (Rule 3(7) of the Faculty Jurisdiction Rules 2000)

The Committee recommends that the intending applicants consult such of the bodies or person as is indicated below: - 

    (a) English Heritage opensquare

    (b) the Local Planning Authority opensquare

    (c) the following National Amenity Societies:

    (d) the Council for the Care of Churches opensquare

    (e) the following body or person: opensquare

The reason for this recommendation is that in the opinion of the Committee some or all of the works or proposals: - 

      (i) involve alteration of or extension to a listed church to such an extent as is likely to affect its character as a building of special architectural or historic interest, or

      (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.)

     3. For the purpose of advising the Chancellor under section 17(6)(a) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991

The Committee has considered the proposed works involving demolition of part of the church (which the intending applicants contend is necessary for the purpose of the repair or alteration of the church or the reconstruction of the part to be demolished) and is of the opinion that when the proposed repair, alteration or reconstruction is completed the demolition will/will not (delete as applicable) materially affect the external or internal appearance of the church or the architectural, archaeological, artistic or historic character of the church.

Signature    

Secretary to the Diocesan Advisory Committee

    Date    



Form No. 2

Rules 4(1) and (3) and (5)

PETITION FOR FACULTY

To the Consistory Court of the Diocese of


Church of


in the Parish of


We:

*FULL NAME *RESIDENTIAL ADDRESS (including postcode) *OFFICE HELD
     
     
     

*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.

Guidance Notes

(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.

     1. What is the approximate date of your church or the part of the building affected by the proposals?    

     2. Is your church a listed building?

Yes opensquare No opensquare
     3.

    (a) If yes, please state whether it is Grade I, II* or II (or A, B or C in some lists) and

(b) Has the PCC prepared a Statement of Significance?

Yes opensquare No opensquare
     4. Is the site of the church, or any adjoining structure, wholly or partially scheduled as an ancient monument?

Yes opensquare No opensquare
     5. Is the church situated in:

    (a) a conservation area?

         (if yes, please provide the name)

Yes opensquare No opensquare
(b) a National Park?

Yes opensquare No opensquare
     6.

    (a) Who is the architect or surveyor appointed for the church under the Inspection of Churches Measure 1955?

   
(b) Has this architect or surveyor been:

    (a) engaged in connection with the proposals

Yes opensquare No opensquare
(b) asked for general advice in relation to these proposals?

Yes opensquare No opensquare

     7. If another architect or surveyor is being engaged - 

    (a) what are his/her name and address?

    (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
Please answer this section if applicable. Otherwise proceed to the next section.

     8.

    (a) If such changes are proposed has the PCC prepared a Statement of Needs?

Yes opensquare No opensquare
(b) If the answer to (a) is yes, please supply a copy of the Statement with this petition.

(c) If the answer to (a) is no, what are the reasons for asking for permission for the proposals? (Please supply separate explanatory statement if more space is required).


     (C) Partial Demolition or Demolition
Please answer this section if applicable. Otherwise proceed to the next section.

     9.

    (a) Is the whole or any part of the church to be demolished?

Yes opensquare No opensquare
(b) If yes, please state how much is to be demolished (identifying a part or parts).

(c) Is the demolition necessary to enable repairs or alterations to the church?

Yes opensquare No opensquare
(d) Is it intended to reconstruct the part to be demolished?

Yes opensquare No opensquare
(e) If the answer to (c) and (d) is no, what is the reason for the proposed demolition?

(f) If the answer to (d) is yes, will the reconstructed part be greater in extent than the part or parts to be demolished?

Yes opensquare No opensquare
If yes, how much larger will it be?
(g) Will the demolition affect the use of the church for worship?

Yes opensquare No opensquare
If yes, what alternative arrangements are proposed?

     (D) Financial Information
Please answer this section in every case.

     10.

    (a) What is the estimated cost of the proposed works?

£
(b) Who has estimated this cost?

   
(c) Are the proposals to be wholly paid for privately or by way of gifts?

Yes opensquare No opensquare
(d) If the answer to question 10(c) is no, how are the proposals to be paid for? (Please give figures in the boxes below.)

From:

£
(i) the PCC's current balance of general funds?

£
(ii) a special appeal?

£
(iii) a gift or legacy?

£
(iv) other grant making bodies?

£
     11.

    (a) Has the church received a grant in the past from English Heritage, the Heritage Lottery Fund or any other grant making body?

Yes opensquare No opensquare
(b) If yes, what is the name of the body?

   
(c) Do the terms of that grant require you to seek consent for the work proposed in this petition?

Yes opensquare No opensquare
(d) If yes, please provide a copy of the letter[s] of consent for the work proposed in this petition.

   
     12.

    (a) Has the PCC applied for a grant in respect of the present proposals to English Heritage, the Heritage Lottery Fund or other grant making body?

Yes opensquare No opensquare
(b) If yes, what is the name of the body?

   
     13.

    (a) If the answer to question 12(a) is yes, have you received an offer of a grant and, if so, for how much?

Yes opensquare £
    No opensquare
(b) If yes, please provide a copy of the grant letter.

   
(c) If an application has not been determined or has been refused, please provide most recent correspondence.

   

     (E) Permissions from other bodies
Please answer this section in every case.

     14.

    (a) Are any external works to the building proposed?

Yes opensquare No opensquare
(b) If yes, have you consulted the local planning authority as to whether planning permission is required?

Yes opensquare No opensquare
(c) Did the local planning authority confirm in writing that planning permission was not required?

Yes opensquare No opensquare
     15.

    (a) If you have been advised that planning permission is required, has outline or detailed planning permission been granted?

Yes opensquare No opensquare
(b) Please attach a copy of the planning permission, if any, to this petition.

Yes opensquare No opensquare
     16.

    (a) If any of the proposals affect a scheduled ancient monument has scheduled monument consent been obtained?

Yes opensquare No opensquare
(b) If yes, please attach a copy of the consent.

   
     17.

    (a) Do bats use any part of the church?

Yes opensquare No opensquare
(b) If yes, do you or your architect think that the works or proposals might harm or disturb bats or their roosts?

Yes opensquare No opensquare
(c) If the answer to question 17(b) is yes, have you obtained advice from English Nature?

Yes opensquare No opensquare
(d) Please attach a copy of the letter of advice.

   

     (F) Archaeological matters
Please answer this section if applicable. Otherwise proceed to the next section.

     18.

    (a) Have you been advised that the proposals may have archaeological significance?

Yes opensquare No opensquare
(b) Has a desk based archaeological assessment been carried out in relation to the proposals?

Yes opensquare No opensquare
(c) Is an archaeologist to be involved and to be given facilities for inspection and recording during the course of the works of excavation or works to the fabric?

Yes opensquare No opensquare
(d) If the answer to (c) is yes, please give the name and address of the archaeologist.


     (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.

     19.

    (a) Have you consulted English Heritage?

Yes opensquare No opensquare
(b) Have you consulted any of the following National Amenity Societies?

        The Council for British Archaeology

Yes opensquare No opensquare
The Ancient Monuments Society

Yes opensquare No opensquare
Society for the Protection of Ancient Buildings

Yes opensquare No opensquare
The Georgian Group

Yes opensquare No opensquare
The Victorian Society

Yes opensquare No opensquare
The Twentieth Century Society

Yes opensquare No opensquare
(c) If the answer to any of the above is yes, please attach copies of correspondence giving the views of English Heritage and each amenity society concerned.

   
     20.

    (a) Have you consulted the Local Planning Authority?

Yes opensquare No opensquare
(b) If yes, please attach correspondence giving its views.

   

     (H) Church Insurance
Please answer this section for any work to or in the church.

     21. Have you informed the church's insurance company that work is to be carried out in the church?

Yes opensquare No opensquare
     22. If the answer to question 21 is yes, please supply a copy of the insurer's approval or a letter of reply.

   
     23.

    (a) Is the work or part of the work to be carried out by voluntary labour?

Yes opensquare No opensquare
(b) If yes, has the PCC taken out insurance to protect voluntary labour against the risk of injury during the course of the work?

Yes opensquare No opensquare

     (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.

     24.

    (a) Is it proposed to introduce any new article?

Yes opensquare No opensquare
(b) If yes, will it be attached to the fabric?

Yes opensquare No opensquare
(c) If the answer to (b) is yes, please give a short description of the method by which the article will be attached to the fabric?

(d) Will the new article to be introduced replace an existing one?

Yes opensquare No opensquare

     (J) Disposal of any item in or belonging to the church
Please answer this section if applicable. Otherwise proceed to the next section.

     25.

    (a) Is the disposal of any item in or belonging to the church contemplated?

Yes opensquare No opensquare
(b) If yes, please identify item[s] if not already described in the Schedule in this petition.

(c) How is it proposed to dispose of any item[s]?

(d) Has a professional valuation been obtained? (If yes, please supply a copy of the valuation and a good quality photograph of the item).

Yes opensquare No opensquare
(e) If the answer to (d) is no, what is the Petitioner's estimate of the value of the item?

£
(f) What do the Petitioners wish to be authorised to do with any proceeds of the sale?


     (K) Seats in the church
Please answer this section if applicable. Otherwise proceed to the next section.

     26.

    (a) Are any private rights in seats in the church likely to be affected by the works?

Yes opensquare No opensquare
(b) If yes, have the owners consented? (Please supply copies of letters of consent).

Yes opensquare No opensquare

     (L) Work to the chancel
Please answer this section if applicable. Otherwise proceed to the next section.

     27.

    (a) Is work to the chancel proposed?

Yes opensquare No opensquare
(b) Is there a Lay Rector?

Yes opensquare No opensquare
If yes, please give name[s]

(c) If yes, has the Lay Rector been informed of the work?

Yes opensquare No opensquare
(d) Is the Lay Rector intending to contribute to the cost?

Yes opensquare No opensquare

     (M) Work affecting monuments etc. in the church
Please answer this section if applicable. Otherwise proceed to the next section.

     28.

    (a) Will the work affect any graves, monuments or inscriptions in the church?

Yes opensquare No opensquare
(b) If yes, please provide a list on a separate sheet of paper giving details of the type of memorial and the inscriptions on each memorial which will be affected.

(c) If yes, have the descendants of the person[s] commemorated consented?

Yes opensquare No opensquare
(d) If the descendants have not been found what have you done to try to find them?


     (N) New memorial in the church
Please answer this section if applicable. Otherwise proceed to the next section.

     29.

    (a) Is it proposed to introduce a commemorative plaque, additional inscription to an existing memorial, or other memorial into the church?

Yes opensquare No opensquare
(b) If yes, please specify what special contribution the person to be commemorated has made to the life of the Church, the local or wider community.

(c) If not included in the Schedule of works or proposals at the beginning of this petition, please set out here or on an accompanying sheet of paper the wording of the proposed memorial.


     (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.).

Contractor 1 Contractor 2 Contractor 3
     

     (P) Time for work
Please answer this section in every case.

     31.

    (a) How soon will work start after the faculty is granted?

    (b) How long is it anticipated that it will take for the work to be completed?

     32.

    (a) Will it be necessary to hold public worship in another building whilst the work is being carried out?

Yes opensquare No opensquare
(b) If yes, has the Bishop consented to alternative arrangements for public worship?

Yes opensquare No opensquare

     (Q) Work in a churchyard or burial ground
Please answer this section if applicable. Otherwise proceed to the next section.

     33.

    (a) Is the land in question consecrated?

Yes opensquare No opensquare
(b) Is the land in question wholly or partly scheduled as an ancient monument?

Yes opensquare No opensquare
(c) Has any part of the land on which the works will take place ever been used for burials?

Yes opensquare No opensquare
(d) Is any part of the churchyard or other land still being used for burials?

Yes opensquare No opensquare
(e) If the churchyard is no longer in use, has it been closed by Order-in-Council? (If yes, what is the date of closure?)

Yes opensquare Date ▭
    No opensquare
(f) Will any graves, reserved grave spaces, monuments or inscriptions be interfered with?

Yes opensquare No