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Ecclesiastical Jurisdiction and Care of Churches Measure 2018
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Ecclesiastical Jurisdiction and Care of Churches Measure 2018, Section 62 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Measure (including any effects on those provisions):
- s. 21A inserted by 2024 No. 1 s. 10(1)
- s. 35(b) and word inserted by 2024 No. 1 s. 13(1)(b)
- s. 37(7A) inserted by 2024 No. 1 s. 13(2)
- s. 78(2A) inserted by 2024 No. 1 s. 13(5)
- s. 93A and cross-heading inserted by 2024 No. 1 s. 12
- s. 94(1)(aa) inserted by 2024 No. 1 s. 10(2)
- Sch. 2 para. 2(4)(e) and word inserted by 2024 No. 1 s. 13(3)(b)
- Sch. 2 para. 2(4A) inserted by 2024 No. 1 s. 13(4)
62Demolition of churchE
(1)The consistory court of a diocese may not grant a faculty for the demolition or partial demolition of a church otherwise than in accordance with subsection (2), (3) or (4).
(2)A court may grant a faculty for the demolition or partial demolition of a church if—
(a)the court is satisfied that another church or part of a church will be erected on the site or curtilage of the church or part in question, or on part of the site or curtilage, to take the place of the church or part, and
(b)the person bringing the proceedings has obtained the written consent of the bishop of the diocese.
(3)A court may grant a faculty for the partial demolition of a church if—
(a)the court is satisfied that the part of the church left standing will be used for public worship according to the rites and ceremonies of the Church of England for a substantial period after the demolition, and
(b)the person bringing the proceedings has obtained the written consent of the bishop of the diocese.
(4)A court may grant a faculty for the partial demolition of a church if it is satisfied that the demolition is necessary for the purposes of the repair or alteration of the church or the reconstruction of the part to be demolished.
(5)A reference in this section to the partial demolition of a church—
(a)is a reference to removal of such part of the church as would, in the opinion of the court, significantly affect its external appearance, and
(b)does not include a reference to the destruction or removal of minor or ancillary structures forming part of the building.
Commencement Information
I1S. 62 in force at 1.9.2018 by S.I. 2018/720, art. 2
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