38The listE
(1)The Church Buildings Council must continue to maintain the list (“the list”) which it was maintaining under section 1 of the Care of Places of Worship Measure 1999 immediately before the commencement of this section, being a list of eligible buildings which are, as a result of their inclusion in the list, subject to the faculty jurisdiction.
(2)A building is eligible for inclusion in the list if (subject to subsection (3))—
(a)it is subject to any peculiar jurisdiction and is used for worship according to the rites and ceremonies of the Church of England;
(b)it is a chapel forming part of an episcopal house of residence;
(c)it is a chapel or other place of worship owned or leased by or held in trust for a religious community;
(d)it does not come within paragraph (a), (b) or (c) but is part of a university, college, school, hospital, Inn of Court, almshouse or other public or charitable institution and is primarily used—
(i)for worship according to the rites and ceremonies of the Church of England, or
(ii)for joint worship by members of the Church of England and one or more other Churches;
(e)it is subject to a sharing agreement made on behalf of the Church of England in pursuance of the Sharing of Church Buildings Act 1969 and is used for worship.
(3)But a building is not eligible for inclusion in the list if—
(a)the Care of Cathedrals Measure 2011 applies to it,
(b)it is subject to the faculty jurisdiction of a consistory court, or
(c)it comes within Article 7(1)(a) to (d) of the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010 (ecclesiastical exemption: buildings used by other Churches).
(4)In this section and sections 39 to 44—
“building” does not include plant or machinery in the building;
“episcopal house of residence” has the same meaning as in section 3 of the Episcopal Endowments and Stipends Measure 1943.
[F1“religious community” has the same meaning as in the Canons (see Canon DA 1).]
Textual Amendments
F1Words in s. 38(4) inserted (14.7.2021) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 1(5), 16(3); S.I. 2021/545, art. 2
Commencement Information
I1S. 38 in force at 1.9.2018 by S.I. 2018/720, art. 2