The Faculty Jurisdiction Rules 2013

PART 14 Interim faculties

Scope and effect of interim faculties

14.1.—(1) An interim faculty may be granted by the chancellor for any matter in respect of which a faculty might be granted following the final determination of a petition.

(2) Subject to the terms on which it is granted, an interim faculty constitutes authority to carry out the works or proposals in respect of which it is granted in the same way as a faculty that is granted following the final determination of a petition.

Applications for interim faculties

14.2.—(1) An application for an interim faculty may be made by any person who is entitled to submit a petition for a faculty under rule 4.2(2).

(2) An application may be made—

(a) before or after faculty proceedings have been started in respect of the works or other proposals; and

(b) irrespective of whether the matter has been referred to the chancellor under rule 7.9.

(3) An application may be made in any manner the court allows.

Grant of interim faculties

14.3.—(1) An interim faculty may be granted on such terms as appear to the chancellor to be just.

(2) In particular, an interim faculty may be granted on terms as to—

(a) the giving of such notice of the works or other proposals as the court may direct;

(b) the cessation of works or other action pending further order of the court if any objection is raised;

(c) the giving by the applicants of undertakings to comply with any directions of the court, including any direction relating to reinstatement following the carrying out of any works authorised by the interim faculty.

(3) If an application for an interim faculty is made before faculty proceedings have been started the court must require the applicant to give an undertaking to submit a petition for a faculty in respect of the works or other proposals within a period of time specified by the chancellor.

(4) An interim faculty may be varied, extended or revoked by the court as it thinks fit.