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The Faculty Jurisdiction Rules 2015

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Excluded matters – general

3.5.—(1) Rules 3.2 to 3.4 do not permit the undertaking of any of the following matters—

(a)any works which involve alteration to or the extension of a listed building to such an extent as would be likely to affect its character as a building of special architectural or historic interest;

(b)any works which are likely to affect the archaeological importance of a building or any archaeological remains within a building or its curtilage;

(c)any works in respect of all or part of which scheduled monument consent is required under the Ancient Monuments and Archaeological Areas Act 1979(1);

(d)any works which involve extension, demolition or partial demolition of a building, or the erection of a new building;

(e)any matter which gives rise to a question of law or of doctrine, ritual or ceremonial or which would, if undertaken, affect the legal rights of any person;

(f)the exhumation or other disturbance of human remains;

(g)the reservation of a grave space;

(h)the sale or other disposal of any article of architectural, archaeological, artistic or historic interest;

(i)the sale of any book remaining in or belonging to a library to which the Parochial Libraries Act 1708 applies;

(j)the introduction of an aumbry or any other receptacle used for the reservation of the sacrament of Holy Communion; or

(k)the introduction of, or the carrying out of any work to, a monument of the kind referred to in section 3 of the Faculty Jurisdiction Measure 1964(2).

(2) The reference in paragraph (1)(e) to a matter affecting the legal rights of a person does not include a reference to the grant of a licence for the grazing of a churchyard by livestock.

(3) Where it is proposed to undertake a matter which falls within paragraph (1) a faculty (or an interim faculty under Part 15) must be sought.

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