3 Faculties affecting monuments owned by persons withholding consent thereto.U.K.
(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)Subject to the provisions of the succeeding sub-section 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.
(3)No faculty to which this section applies shall be granted if the owner of the monument in question withholds his consent thereto but satisfies the court that he is, within a reasonable time, willing and able to remove the monument (or so much thereof as may be proved to be his property) and to execute such works as the court may require to repair any damage to the fabric of any building or to any land caused by such removal. The court may, upon a petition for a faculty to which this section applies, grant a faculty authorising such removal and for all purposes connected therewith and may make such orders as may be just as to the execution and cost of all necessary works.
(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.
Marginal Citations