The Faculty Jurisdiction Rules 2013

• (b) continue in force for the period of time specified in the injunction which must not be more than 14 days from the date on which it is issued.

• (3) The period of time specified under paragraph (2)(b) may be extended by subsequent order of the court (and may be extended beyond 14 days).

• (4) If the court issues an interim injunction of its own initiative the chancellor must give directions—

• (a) for the service of the injunction by the registrar on the person against whom it is issued; and

• (b) subject to rule 13.1, for the hearing of the matter.

Restoration order without application

15.8

• (1) The court may make a restoration order of its own initiative.

• (2) Before making a restoration order of the court’s own initiative, the chancellor must consider whether a special citation should be served on any person against whom a restoration order might be made requiring that person to attend before the court and affording that person an opportunity of being heard.

• (3) A restoration order made of the court’s own initiative must be in Form 21.

Variation etc. of injunction or restoration order

15.9

Any injunction or restoration order may be varied, extended or discharged by the court as it thinks fit.

Undertakings

15.10

• (1) In any proceedings for an injunction or a restoration order the court may accept an undertaking from the person against whom the proceedings have been brought.

• (2) In paragraph (1) an undertaking is an undertaking to do or not to do a specified act.

• (3) The court may decline to accept an undertaking.

• (4) If the court accepts an undertaking it must require the party giving the undertaking to make a signed statement to the effect that the party understands the terms of the undertaking and the consequences of failure to comply with it.

• (5) An undertaking to do an act must state the time within which the act is to be done.

PART 16 — Service of documents

Methods of service etc.

16.1

• (1) Subject to any other provision of these Rules, any document may be served by any of the following methods—

• (a) leaving it at the proper address of the person to be served;

• (b) sending it by post to that address;

• (c) leaving it at a document exchange as provided for in rule 16.3;

• (d) sending it by electronic means as provided for in rule 16.4; or

• (e) in such other manner as the chancellor or registrar may direct.

• (2) In the case of a document that is required to be sent or submitted to the registry, it may be—

• (a) delivered to the registry;

• (b) sent by post addressed to the registrar at the registry; or

• (c) submitted by such other means (including electronic means) as the registrar may direct.

Meaning of ‘proper address’

16.2

The proper address of a person for the purposes of this Part is—

• (a) that person’s usual or last known address; or

• (b) the business address of a solicitor (if any) who is acting for that person in the proceedings.

Service through document exchange

16.3

• (1) Service may be effected via a document exchange where this rule applies.

• (2) This rule applies if—

• (a) a person has given a numbered box at a document exchange as that person’s address for service;

• (b) a document exchange box number is inscribed on the writing paper of a party who acts in person or on the writing paper of a solicitor who acts for a party and the party or solicitor has not indicated in writing to the person serving the document that he or she is unwilling to accept service through a document exchange.

• (3) Service via a document exchange is effected by leaving the document addressed to the relevant numbered box at that document exchange or at a document exchange which transmits documents every business day to that document exchange.

• (4) Any document served via a document exchange in accordance with this rule is deemed to have been served on the second business day following the day on which it is left at a document exchange in accordance with paragraph (3).

Service by electronic means

16.4

• (1) Where a document is to be served by electronic means, the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving the document—

• (a) that the party to be served or the solicitor is willing to accept service by electronic means; and

• (b) the e-mail address or other electronic identification to which it must be sent.

• (2) The following are to be taken as sufficient written indications for the purposes of paragraph (1)—

• (a) an e-mail address or other electronic identification set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address or electronic identification may be used for service; or

• (b) an e-mail address or other electronic identification set out on a petition, application or other pleading that has been submitted to the court.

PART 17 — The court’s case management powers

The court’s general powers of case management

17.1

• (1) The list of powers in this rule is in addition to any powers given to the court by any other rule or by any other enactment or any powers it may otherwise have.

• (2) Except where these Rules provide otherwise, the court may—

• (a) extend or shorten the time for compliance with any rule or court order (even if an application for extension is made after the time for compliance has expired);

• (b) give permission to a party to amend any pleading or other document on such terms (including as to the giving of further public notice) as it considers just;

• (c) adjourn or bring forward a hearing;

• (d) require a party or a party’s legal representative to attend the court;

• (e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

• (f) direct that part of any proceedings be dealt with as separate proceedings;

• (g) stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

• (h) consolidate proceedings;

• (i) try two or more sets of proceedings on the same occasion;

• (j) direct a separate trial of any issue;

• (k) decide the order in which issues are to be tried;

• (l) exclude an issue from consideration;

• (m) dismiss or give judgment on any proceedings after a decision on a preliminary issue;

• (n) order any party to file and serve an estimate of costs;

• (o) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

• (3) When the court makes an order, it may—

• (a) make it subject to conditions, including a condition to pay a sum of money into court; and

• (b) specify the consequence of failure to comply with the order or a condition.

• (4) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

• (5) An order under paragraph (2)(a) may be made by the registrar or by the chancellor.

Registrar’s power to refer to chancellor

17.2

Where a step is to be taken by the registrar—

• (a) the registrar may consult the chancellor before taking that step;

• (b) the step may be taken by the chancellor instead of the registrar.

Court’s power to make order of its own initiative

17.3

• (1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

• (2) Where the court proposes to make an order of its own initiative—

• (a) it may give any person likely to be affected by the order an opportunity to make representations; and

• (b) where it does so it must specify the time by and the manner in which the representations must be made.

• (3) Where the court proposes—

• (a) to make an order of its own initiative; and

• (b) to hold a hearing to decide whether to make the order,

it must give each party likely to be affected by the order at least 3 days’ notice of the hearing.

• (4) The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations.

• (5) Where the court has made an order under paragraph (4)–

• (a) a party affected by the order may apply to have it set aside, varied or stayed; and

• (b) the order must contain a statement of the right to make such an application.

• (6) An application under paragraph (5)(a) must be made–

• (a) within such period as may be specified by the court; or

• (b) if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

• (7) This rule does not apply where a rule makes specific provision for the court to make an order of its own initiative.

PART 18 — Costs

General

18.1

• (1) The court may exercise its power to make an order for costs against a party at any stage in proceedings.

• (2) If a court proposes to make an order for costs other than at a hearing it must afford the person against whom the order is proposed to be made an opportunity to make representations to the court, either in writing or at a hearing, as the court thinks fit.

• (3) The court may comply with the requirements of paragraph (2) by making a provisional order for costs that is to come into effect after the expiry of a specified period of time unless within that period the person against whom the order is made makes representations as to why the order should not be made.

Assessment of costs

18.2

Unless the amount of any costs is specified in the order made by the chancellor, costs are to be assessed by the registrar in such manner as the registrar thinks just, subject to any directions given by the chancellor.

Appeals against registrar’s assessment

18.3

• (1) Any appeal against the registrar’s assessment of costs is to be made to the chancellor in such manner as the chancellor may direct.

• (2) On an appeal the chancellor may confirm or vary the registrar’s assessment.

Special citation of persons in default

18.4

• (1) Where any person who is not already a party to faculty proceedings is alleged to be responsible or partly responsible for an act or default in consequence of which the proceedings were instituted the court may issue a special citation adding that person as a party to the proceedings.

• (2) A special citation issued under paragraph (1) must state—

• (a) that the person is being added as a party to the proceedings in order that the court may consider making an order for costs against that person under section 13(1) of the Measure; and

• (b) the grounds on which it is alleged that the person is responsible or partly responsible for the act or default in question.

• (3) If a special citation requires a person to attend court it must specify the date, time and place at which that person is to attend.

PART 19 — Miscellaneous and General

Inspection of church etc.

19.1

The chancellor may at any stage in proceedings inspect any church, other building, article or thing which is the subject of the proceedings or concerning which any question arises in the proceedings.

Non-compliance

19.2

• (1) A failure to comply with any provision of these Rules does not render any proceedings void unless the chancellor directs otherwise.

• (2) Where there has been a failure to comply with any provision of these Rules, the chancellor may set aside (either wholly or in part) or vary any faculty, judgment, order or decree on such terms as appear to the chancellor to be just.

Setting aside in other circumstances

19.3

• (1) If it appears to the chancellor just and expedient to do so, the chancellor may order that any faculty, judgment, order or decree—

• (a) be set aside (either in whole or in part); or

• (b) be amended.

• (2) If the court is considering exercising the power conferred by paragraph (1)(b) in a manner that would constitute a substantial change in the works or proposals already authorised by faculty the court must give such directions as to the giving of notice to the public and to such other persons and bodies as it considers just.

Clerk of the court

19.4

• (1) Subject to paragraph (2), the registrar is to sit as clerk of the court.

• (2) If the chancellor considers that the registrar ought not to sit as the clerk of the court at a particular hearing because—

• (a) the registrar has acted for any of the parties; or

• (b) has otherwise been personally connected with the proceedings,

the chancellor must appoint another suitably qualified person to sit as clerk in place of the registrar at the hearing.

Procedural questions

19.5

• (1) Where—

• (a) any procedural question arises in relation to proceedings to which these Rules apply; or

• (b) the court considers it expedient that any procedural direction be given in relation to the proceedings,

and in either case no provision is made for that matter in these Rules, the chancellor is to resolve that question or to give such directions as appear to the chancellor to be just and convenient.

• (2) In resolving any question, or giving any directions, under paragraph (1) the chancellor must be guided, so far as practicable, by the Civil Procedure Rules.[^f00005]

Departure from prescribed forms

19.6

• (1) Where a rule requires a document to be in a particular form prescribed by these Rules and that form is not in all respects suitable, the rule is to be construed as requiring a form in substantially the same form but subject to such variations as the circumstances require.

• (2) The chancellor may approve or give directions as to the forms that are to be used—

• (a) where a faculty is sought—

• (i) for exhumation;

• (ii) for the reservation of a grave space;

• (iii) in relation to a memorial in a churchyard or consecrated burial ground; or

• (b) in any other case where these Rules do not require a document to be in a particular form.

Electronic signatures

19.7

Where any provision of these Rules requires a document to be signed, or any form prescribed by these Rules requires a signature, the document or form may be signed by electronic means.

PART 20 — Citation, commencement, revocation and transitional provisions

Citation and commencement

20.1

• (1) These Rules may be cited as the Faculty Jurisdiction Rules 2013.

• (2) They come into force on 1st January 2014.

Revocation

20.2

The following Rules are revoked—

• (a) the Faculty Jurisdiction (Injunctions and Restoration Orders) Rules 1992;[^f00006]

• (b) the Faculty Jurisdiction Rules 2000;[^f00007] and

• (c) the Faculty Jurisdiction (Care of Places of Worship) Rules 2000.[^f00008]

Transitional provisions

20.3

• (1) Subject to paragraph (3), nothing in these Rules is to apply to any proceedings that are pending on the coming into force of these Rules and which were subject to any of the Rules that are revoked by rule 20.2.

• (2) Subject to paragraph (3), any proceedings to which paragraph (1) applies are to continue to be subject to the Rules which applied to them immediately before the coming into force of these Rules.

• (3) The chancellor may direct that these Rules, or any part or parts of them, are to apply to any proceedings to which paragraph (1) applies.

SCHEDULE 1 — Consultation with English Heritage, national amenity societies andthelocalplanningauthority

Works within the scope of this Schedule

1

Consultation should take place to the extent provided for in the subsequent paragraphs of this Schedule where works—

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

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

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

Timing of consultation

2

So far as possible, any consultation provided for in this Schedule should take place before intending applicants seek the advice of the Diocesan Advisory Committee under rule 3.1.

English Heritage

3

• (1) Consultation with English Heritage should take place as follows.

• (2) In the case of a grade I or II* listed building English Heritage should be consulted on any works that involve alteration to or the extension of a listed building to such an extent as would be likely to affect its character as a building of special architectural or historic interest.

• (3) In the case of a grade II listed building English Heritage should be consulted on works which comprise the demolition or removal of all, or a substantial part, of the structure of the interior (including any principal internal elements such as staircases, galleries, load-bearing walls, floor or roof structures and major internal fixtures such as pews, screens and organs).

• (4) English Heritage should be consulted on works that are likely to affect the archaeological importance of any building or archaeological remains within the building or its curtilage.

National amenity societies

4

• (1) Any national amenity society which is likely to have an interest in the works should be consulted where—

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

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

• (2) Whether a national amenity society is likely to have an interest in works will depend on the age of the building (or the relevant part of it) and the likely effect on it of the proposed works.

The local planning authority

5

The local planning authority should be consulted where works—

• (a) involve material alteration to the exterior of a listed building of any grade;

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

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

Documents to accompany consultation

6

When consulting any body under paragraphs 3 to 5 the intending applicants should provide that body with—

• (a) a letter stating that they are consulting the body in accordance with this Schedule and that a response to the consultation will be taken into account if it is received within 28 days of the date of the letter;

• (b) the standard information in Form 1A or Form 1B;

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

• (d) any relevant designs;

• (e) any relevant plans;

• (f) any relevant photographs;

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

• (h) a statement of significance, and a document setting out the justification for the proposals (commonly known as a “statement of needs”), that meet the requirements of rule 3.3.

Information etc. to be provided to Diocesan Advisory Committee

7

• (1) When seeking the advice of the Diocesan Advisory Committee the intending applicants should inform the Committee of—

• (a) any consultation that has taken place under paragraphs 3 to 5; and

• (b) where the body consulted has not yet responded, the date of the expiry of the period of 28 days mentioned in paragraph 6(a).

• (2) The intending applicants should provide the Diocesan Advisory Committee with a copy of any response it has received from a body consulted under paragraphs 3 to 5 that is received within the period of 28 days mentioned in paragraph 6(a).

• (3) If the applicants receive a response from a body they have consulted under paragraphs 3 to 5 after the expiry of the period of 28 days mentioned in paragraph 6(a) they should nevertheless send a copy of the response to the Diocesan Advisory Committee unless the Committee has already given its notification of advice.

• (4) If a body that has been consulted under paragraphs 3 to 5 has not responded within the period of 28 days mentioned in paragraph 6(a) the Diocesan Advisory Committee is not obliged to await a response from that body before giving its notification of advice.

SCHEDULE 2 — Works within archdeacon’s jurisdiction

Works to the fabric of the church or other building

Minor structural alterations not involving demolition or partial demolition

External or internal decoration or redecoration (except where in the opinion of the Diocesan Advisory Committee the work proposed is likely to affect the character of the church as a building of special architectural or historic interest)

Repairs using matching materials

Treatment of timber against beetle or fungal activity

Works affecting fixtures

The following items of new work (except where the Diocesan Advisory Committee has given its opinion that the work proposed is likely to affect the character of the church or other building as a building of special architectural or historic interest, or its archaeological importance or archaeological remains existing within the church, or other building, or its curtilage)—

• Installation of a sound reinforcement system or loop system or alteration to an existing system

• Installation of a wall offertory box

• Installation of a wall safe in a vestry

• Installation of a lightning conductor

• Installation of security cameras and alarms or closed circuit television security systems

• Installation of wire mesh window guards with non-ferrous fittings

Works affecting movables

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 or other receptacle used for the reservation of the sacrament)

Introduction, removal or disposal of altar frontals and falls

Replacement or disposal of hassocks

Laying up, removal or disposal of banners

Introduction of a Book of Remembrance and a stand for it

Works affecting churchyards and curtilage

Re-surfacing of paths in the same material resulting in the same appearance

SCHEDULE 3 — Forms

Form number	Title
1A	Standard Information (parish churches etc.)
1B	Standard Information (buildings included in list under Care of Places of Worship Measure 1999)
2	Diocesan Advisory Committee Notification of Advice
3A	Petition for Faculty (proceedings started pursuant to resolution of parochial church council)
3B	Petition for Faculty (building included in list under Care of Places of Worship Measure 1999)
4A	Public Notice (general form)
4B	Public Notice (building included in list under Care of Places of Worship Measure 1999)
5	Particulars of objection to petition for faculty
6	Faculty
7	Certificate of practical completion of works authorised by faculty
8	Licence for temporary minor re-ordering
9	Notice on expiry of licence for temporary minor re-ordering
10	Notification by registrar for register of petitions
11	Request for advice from Church Buildings Council
12	Place of safety order (archdeacon of opinion that article should be removed immediately)
13	Notice inviting representations with a view to making place of safety order
14	Place of safety order (following consideration of any representations)
15	Trees: Petition for faculty
16	Application for injunction or restoration order
17	Injunction
18	Restoration order
19	Interim injunction
20	Injunction issued of court’s own initiative
21	Restoration order issued of court’s own initiative

Signed

Charles George — C.J. Angus — Timothy Briden — Rupert D. H. Bursell — Julie Dziegiel — Trevor P. Jones — L.P.M. Lennox — J. Rees — Anne Sloman

Approved by the General Synod (with amendment)

Jacqui Philips — Clerk to the Synod — 7th July 2013

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules are made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. They regulate the procedure and practice of consistory courts in relation to the exercise of the faculty jurisdiction and the jurisdiction to issue injunctions and make restoration orders.

They replace the Faculty Jurisdiction (Injunctions and Restoration Orders) Rules 1992, the Faculty Jurisdiction Rules 2000 and the Faculty Jurisdiction (Care of Places of Worship) Rules 2000.

Footnotes

[^f00001]: 1991 No. 1.

[^f00002]: 1983 No. 2.

[^f00003]: 1990 c. 9.

[^f00004]: 1999 No. 2. A relevant amendment was made by section 62(4) of the Dioceses, Pastoral and Mission Measure 2007 (2007 No. 1).

[^f00005]: S.I. 1998/3132 (to which amendments have been made by numerous amending instruments).

[^f00006]: S.I. 1992/2884.

[^f00007]: S.I. 2000/2047.

[^f00008]: S.I. 2000/2048.