The Faculty Jurisdiction (Amendment) Rules 2019

• (b) after “where they may conveniently be inspected by the public” insert “and if the petition is submitted through an online system, those documents must also be publicly available for inspection online”;

• (c) after “If you wish to object to any of the works or proposals you should send a letter” insert “or email”.

• (8) In Form 4B (public notice (building included in list under section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018))—

• (a) after “where they may conveniently be inspected by the public” insert “and if the petition is submitted through an online system, those documents must also be publicly available for inspection online”;

• (b) after “If you wish to object to any of the works or proposals you should send a letter” insert “or email”.

• (9) In Form 8 (certificate of practical completion of works authorised by faculty), in section 3. Certificate by churchwardens or petitioner—

• (a) for paragraph (i) substitute—

(i) We/I certify to the best of our/my knowledge, information and belief that [the whole of the works have been completed] [that the works have been completed in part and that details of the works that have not been carried out are set out in the letter to the registrar which accompanies this certificate] and that the works carried out are in accordance with the faculty. (Delete as appropriate)

• (b) for “the Care of Places of Worship Measure 1999” in both places where it occurs, substitute “section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

• (10) In Form 12 (request for advice from Church Buildings Council), in the final paragraph, for “within [21] days” substitute “by [insert date at least 21 days after the date of the request]”.

• (11) In Form 13 (place of safety order (archdeacon of opinion that article should be removed immediately)), for “section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “section 53 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

• (12) In Form 14 (notice inviting representations with a view to making a place of safety order), for “section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “section 53 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

• (13) In Form 15 (place of safety order (following consideration of representations)), for “section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “section 53 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

• (14) In Form 16 (application for injunction or restoration order), in the notes, at the end of the notes to the applicant(s), insert—

NB The Court may make a restoration order only if it is satisfied that the proceedings for the order were brought no later than six years after the relevant act was committed. In proceedings brought by an archdeacon, if a relevant fact has been deliberately concealed from him or her, the period of six years does not begin to run until the time when the archdeacon discovered the concealment or could with reasonable diligence have discovered it.

• (15) In Form 17 (injunction), in the heading to the Form, for “(section 13(4) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 71 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

• (16) In Form 18 (restoration order), in the heading to the Form, for “(section 13(5) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 72 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

• (17) In Form 19 (interim injunction or interim restoration order), in the heading to the Form, for “(section 13(4) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(sections 71 and 72 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

• (18) In Form 20 (injunction issued of court’s own initiative), in the heading to the Form, for “(section 13(4) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 71 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

• (19) In Form 21 (restoration order issued of court’s own initiative), in the heading to the Form—

• (a) for “(Rule 16.8)” substitute “(Rule 16.7)”;

• (b) for “(section 13(5) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 72 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

• (20) In Form 22 (application to chancellor for certificate and permission to appeal), in note 2, for “section 10(3) of the Ecclesiastical Jurisdiction Measure 1963” substitute “section 18(4) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

• (21) In Form 23 (chancellor’s certificate and determination of application for permission to appeal), in the paragraph headed “Certificate”, for “section 10(3) of the Ecclesiastical Jurisdiction Measure 1963” substitute “section 18(4) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

• (22) In Form 27 (petition to Her Majesty seeking review of finding of Court of Ecclesiastical Causes Reserved), for “section 11 of the Ecclesiastical Jurisdiction Measure 1963” in both places where it occurs, substitute “section 19 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

Transitional provisions

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• (1) The following transitional provisions apply for the purposes of these Rules.

• (2) The amendments made by rule 6 (substitution of Part 4) do not apply to works or other proposals in respect of which intending applicants have sought the advice of the Diocesan Advisory Committee under Part 4 before 1st April 2020.

• (3) The amendments made by rules 7 (amendment of Part 5), 8 (amendment of Part 6), 11 (amendment of Part 9), 12 (amendment of Part 10), 13 (amendment of Part 12), 14 (amendment of Part 13) and 15 (amendment of Part 14) do not apply to proceedings in a consistory court that were started before 1st April 2020.

• (4) But the amendments made by the rules mentioned in paragraph (3), other than those made by rule 15, may be applied by the consistory court to proceedings started before 1st April 2020 to the extent that the court orders that they are to do so.

• (5) The amendments made by rule 18 (amendment of Part 24) do not apply to proceedings on an appeal where the application for permission to appeal under section 14(4), or an application for a certificate under section 18(4), of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 was made before 1st April 2020.

• (6) The amendments made by rule 20 (substitution of Schedule 1) do not apply to any matter in respect of which proceedings are pending in a consistory court or on appeal from a consistory court on 1st April 2020.

Signed

Charles George — Christopher Angus — Timothy Briden — Anne Dawtry — Julie Dziegiel — Morag Ellis — James Halsall — John Rees — Sandra Robertson — Matthew Saunders — Andrew Watson — 13th May 2019

Approved by the General Synod

A.S. McGregor — Registrar of the General Synod — 8th July 2019

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Faculty Jurisdiction Rules 2015 (SI 2015/1568) by—

• (a) amending Part 1 (overriding objective) to insert sign posts to other, related rules;

• (b) amending Part 2 (application and interpretation) so that “article” is defined generally for the purposes of the Rules;

• (c) amending Part 3 (matters not requiring a faculty) so that work carried out to oil-fired heating systems is subject to an accredited certification scheme; and to improve the manner in which provisions in rule 3.7 are stated;

• (d) substituting a new Part 4 (consultation and advice before starting faculty proceedings) which, among other things, provides for Diocesan Advisory Committees to give intending applicants initial advice to assist them in relation to their proposals and to ensure that any necessary consultation with statutory and other bodies is carried out before Committees give their final advice;

• (e) amending Part 5 (faculty proceedings – parties and commencement), among other things, to take account of provisions of the new Part 4 and to provide for petitions for faculties and associated documents to be publicly available for inspection online;

• (f) amending Part 6 (public notice) so that public notices relating to faculty petitions include an email address for the diocesan registrar;

• (g) amending Part 7 (chancellor’s jurisdiction) to provide for statutory and other bodies which have made representations to be notified of the final determination in faculty proceedings;

• (h) amending Part 8 (archdeacon’s jurisdiction) so that the maximum period of an archdeacon’s licence for temporary minor reordering is increased from 15 months to 24 months;

• (i) making miscellaneous, minor amendments to Part 9 (special notice of petition, consultation etc.) and Part 10 (objections to faculty petition);

• (j) amending Part 12 (conduct of hearings) to omit rule 12.3 (other means of giving evidence);

• (k) amending Part 13 (evidence of non-parties) to clarify the relationship between provisions of that Part and provisions of Part 11 (directions) and to require that where evidence is given under Part 13 on behalf of a body, witness statements must state the extent to which a witness is speaking on behalf of the body or is acting as an expert;

• (l) amending Part 14 (disposal of proceedings by written representations) so that the chancellor need only consult, rather than obtain the agreement of, the parties before ordering that proceedings are to be determined on consideration of written representations instead of by a hearing;

• (m) amending Part 16 (injunctions and restoration orders) to correct a cross reference;

• (n) amending Part 17 (delivery of documents) to take account of documents that are “sent”, as well as those that are served;

• (o) amending Part 24 (appeals in the provincial courts) so that the Dean need only consult, rather than obtain the agreement of, the parties before ordering that appeal proceedings are to be determined on consideration of written representations instead of by a hearing;

• (p) amending Part 27 to clarify which orders are interim orders and may therefore be made by the Dean sitting alone;

• (q) substituting a new Schedule 1 (matters which may be undertaken without a faculty) to increase the number of matters that fall within List A (matters which may be undertaken without a faculty and without the need for consultation) and List B (matters which may be undertaken without a faculty subject to consultation etc.);

• (r) repealing Schedule 2 (consultation with Historic England, national amenity societies and the local planning authority), as its provisions are now included in simplified form in the new Part 4;

• (s) amending Schedule 3 (forms) to take account of amendments made to the Rules and to improve their intelligibility and utility.

Footnotes

[^f00001]: 2018 No. 3.

[^f00002]: S.I. 2015/1568. Relevant amendments were made by the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (2018 No. 3).

[^f00003]: “Parochial library” is defined in section 95(4) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 as “a library in a parish which was founded (whether before or after the commencement of this Measure) by way of charitable contribution in order to assist the clergy of the Church of England with their studies”.