The Faculty Jurisdiction Rules 2013

1.1Overriding objective

1.2Application by the court of the overriding objective

1.3Duty of the parties

1.4Court’s duty to manage cases

1.5Case management powers

2.1Application of the Rules

2.2Interpretation

3.1Seeking the advice of the Diocesan Advisory Committee

3.2Documents etc. to be submitted to the Diocesan Advisory Committee

3.3Proposals involving changes to listed buildings: statements of significance and needs

3.4Consultation with English Heritage, amenity societies and the local planning authority in certain cases

3.6Giving of Diocesan Advisory Committee’s advice

3.7Interim faculties and interim injunctions

4.1Parties to proceedings

4.2How to start faculty proceedings – the petition

4.3Form of petition – general

4.4Form of petition – trees

4.5Content of petition

4.6Documents etc. to accompany petition

4.7Register of petitions

4.8Display of petition and associated documents etc. in church

5.1Requirement for public notice

5.2Form of public notice

5.3Display of public notice etc.

5.4Directions by registrar as to public notice

5.5Return of public notice to registrar

5.6Exhumation, reservation of grave space and other special cases

5.7Emergencies etc. – dispensing with giving of public notice

5.8Interim faculties

6.1Jurisdiction of court exercised by chancellor

6.2Chancellor to have advice of Diocesan Advisory Committee

6.3Reasons for grant of faculty or dismissal of petition

6.4Issue of faculty

7.1Exercise of faculty jurisdiction by archdeacon

7.2Allocation of petitions to archdeacon

7.3Determination of petition by archdeacon

7.4Archdeacon to have advice from the Diocesan Advisory Committee

7.5Endorsement of petition by archdeacon etc.

7.6Issue of faculty

7.7Further conduct of proceedings where objections received

7.8Declining jurisdiction

7.9Referral from archdeacon to chancellor

7.10Referral by registrar to chancellor

7.11Re-allocation to chancellor

7.12Proceedings on re-allocated petitions

7.13Removal of article to place of safety

7.14Temporary minor re-ordering

7.15Steps to be taken on expiry of licence for temporary minor re-ordering

8.1Special notice

8.2Publication of notice in newspaper etc.

8.3Special notice to English Heritage, amenity societies and the local planning authority

8.4Graves and memorials maintained by the Commonwealth War Graves Commission

8.5Representations or objection by body given special notice

8.6Mandatory consultation with the Church Buildings Council

8.7Discretionary consultation with the Church Buildings Council

8.8Procedure for seeking and giving the Church Buildings Council’s advice

8.9Publication of notice on diocesan website

8.10Demolition or partial demolition of church

9.1Interested persons

9.2Objection by interested person

9.3Procedure following receipt of letter of objection

9.4Objector becomes party opponent

9.5Further proceedings where objector does not become party opponent

9.6Unopposed petitions

9.7Opposed petition – reply to particulars of objection

10.1Giving directions

10.2Matters on which directions may be given

10.3Time and place of hearing

10.4Witness statements

10.5Expert reports

11.1Hearings conducted as directed by chancellor

11.2Evidence given orally

11.3Other means of giving evidence

12.1Evidence of non-parties – generally

12.2Demolition – evidence of the Church Buildings Council and other persons

12.3Evidence of the Church Buildings Council in other cases

12.4Evidence of English Heritage and national amenity societies

12.5Judge’s witness

12.6Witness statements

12.7Notice to parties

12.8Treatment of non-party witness

13.1Conditions for disposal by written representations

13.3Revocation of order for disposal by written representations

13.4Inspection of church etc.

13.5Determination

14.1Scope and effect of interim faculties

14.2Applications for interim faculties

14.3Grant of interim faculties

15.2Form of application

15.3Service of application

15.4Evidence in response to application

15.5Terms of injunction or restoration order etc.

15.6Interim injunctions

15.7Injunction without application

15.8Restoration order without application

15.9Variation etc. of injunction or restoration order

15.10Undertakings

16.1Methods of service etc.

16.2Meaning of ‘proper address’

16.3Service through document exchange

16.4Service by electronic means

17.1The court’s general powers of case management

17.2Registrar’s power to refer to chancellor

17.3Court’s power to make order of its own initiative

18.2Assessment of costs

18.3Appeals against registrar’s assessment

18.4Special citation of persons in default

19.1Inspection of church etc.

19.2Non-compliance

19.3Setting aside in other circumstances

19.4Clerk of the court

19.5Procedural questions

19.6Departure from prescribed forms

19.7Electronic signatures

20.1Citation and commencement

20.3Transitional provisions

SCHEDULE 1Consultation with English Heritage, national amenity societies and the local planning authority

1Works within the scope of this Schedule

2Timing of consultation

3English Heritage

4National amenity societies

5The local planning authority

6Documents to accompany consultation

7Information etc. to be provided to Diocesan Advisory Committee

SCHEDULE 2Works within archdeacon’s jurisdiction

Works to the fabric of the church or other building

Works affecting fixtures

Works affecting movables

Works affecting churchyards and curtilage

SCHEDULE 3Forms

2013 No. 1916

Ecclesiastical Law, England

The Faculty Jurisdiction Rules 2013

Made23rd May 2013

Approved by the General Synod7th July 2013

Laid before Parliament2nd August 2013

Coming into force1st January 2014

The Rule Committee, in exercise of the powers conferred by section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 19911, makes the following Rules: