3 Faculties affecting monuments owned by persons withholding consent thereto.E
(1)This section shall apply to faculties for the moving, demolition, alteration or execution of other work to any monument erected, whether before or after the passing of this Measure, in or upon any church or other consecrated building or the curtilage thereof or upon consecrated ground other than consecrated burial grounds to which section eleven of the M1Open Spaces Act 1906 applies or has been applied.
(2)[F1Subject to subsection (3)] a court may grant a faculty to which this section applies:—
(i)although the owner of the monument withholds his consent thereto or cannot be found after reasonable efforts to find him have been made; and
(ii)in respect of a monument erected under a faculty or affecting which any faculty has been granted, whatever the date of such faculty.
[F2(3) Where the court is satisfied that the matter is of such urgency that it would not be reasonable to require the petitioner for the faculty to seek the consent of the owner of the monument or to take the other steps referred to in subsection (2)(i), the court may grant a faculty notwithstanding that that consent has not been sought or that those steps have not been taken.]
(4)For the purposes of this section “monument” includes a tomb, gravestone or other memorial and any kerb or setting forming part thereof, and “owner” means the person who erected the monument in question and, after his death, the heir or heirs at law of the person or persons in whose memory the monument was erected and “property” shall be construed accordingly.
Textual Amendments
F1Words in s. 3(2) substituted (1.1.2015) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 7(2), 21(2); S.I. 2014/2077, art. 2(2)
F2S. 3(3) substituted (1.1.2015) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 7(3), 21(2); S.I. 2014/2077, art. 2(2) (with Sch. para. 3)
Modifications etc. (not altering text)
C1The definition of "monument" in s. 3 applied (1.3.1993) by Inspection of Churches Measure 1955 (No. 1, SIF 21:8), s.6 (as amended (1.3.1993) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 3, Sch. 3 para. 5 (with s. 31(6))); Archbishops' Instrument dated 16.2.1993
Marginal Citations