The Faculty Jurisdiction (Amendment) Rules 2019

Amendment of Schedule 3 (forms)

22.—(1) Schedule 3 is amended as follows.

(2) In Form 1A (standard information (parish churches etc.))—

(a) in the text following the heading of the form, the order of “Church of” and “In the parish of” is reversed;

(b) omit “or any adjoining structure” in each place where it occurs;

(c) in “If it is, please state which” in the first place where it occurs, at the end, insert “conservation area”;

(d) in “If it is, please state which” in the second place where it occurs, at the end, insert “national park”;

(e) in “Is there any evidence that bats use the church, its curtilage”, after “the church,” insert “or”;

(f) for “Name of lay rector, if known” substitute “Is there anybody other than the parochial church council who is liable to pay for repairs to the chancel?”

(g) in “Is the churchyard or burial ground consecrated”, at the end, insert “(whether closed or not)”;

(h) in “If the churchyard or burial grounds is no longer used for burials has it been closed by Order in Council?”, for “grounds” substitute “ground”;

(i) in “Please give the name and address of the architect of surveyor appointed for the church under the Inspection of Churches Measure 1955”, for “Inspection of Churches Measure 1955” substitute “section 45 of the Ecclesiastical Jurisdiction ad Care of Churches Measure 2018”.

(3) In Form 1B (standard information (buildings included in the list under section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018))—

(a) omit “or any adjoining structure” in each place where it occurs;

(b) in “If it is, please state which” in the first place where it occurs, at the end, insert “conservation area”;

(c) in “If it is, please state which” in the second place where it occurs, at the end, insert “national park”;

(d) in “Is there any evidence that bats use the building, its curtilage”, after “the building,” insert “or”;

(e) in “Please give the name and address of the architect of surveyor appointed for the building under the Inspection of Churches Measure 1955 (if applicable)”, for “Inspection of Churches Measure 1955” substitute “section 45 of the Ecclesiastical Jurisdiction ad Care of Churches Measure 2018”.

(4) In Form 2 (Diocesan Advisory Committee notification of advice)—

(a) in the heading to the Form, for “(Rule 4.5)” substitute “(Rule 4.9)”;

(b) after “The following works or other proposals were considered:” insert—

“The works or proposals should be described in the petition for a faculty and in the public notice in the same way as they are described here.”;

(c) in the paragraph which begins “In the opinion of the Committee rule 9.9”, after “diocesan” insert “or other publicly accessible”;

(d) for “The Committee recommends that the intending applicants consult the bodies or persons as indicated below” substitute “The following have been consulted on the works or other proposals”;

(e) for “The reason for this recommendation” to “Any recommendation of the Committee as to consultation with a body or person indicated above should be followed before submitting a petition for a faculty” substitute —

“No objections have been raised by any of them.

or

Objections were raised by [name of body or person] but have been withdrawn.

or

Objections have been raised by [name of body or person] and have not been withdrawn. The Committee’s principal reasons for [recommending the works or proposals for approval] [not objecting to the works or proposals being approved] despite those objections are:”.

(5) In Form 3A (petition for faculty (proceedings started pursuant to resolution of parochial church council))—

(a) in the text following the heading of the form, the order of “Church of” and “In the parish of” is reversed;

(b) for the two paragraphs of italic text before “SCHEDULE OF WORKS OR PROPOSALS” substitute—

“Please describe the works or other proposals for which a faculty is sought in the way recommended by the Diocesan Advisory Committee in its Notification of Advice.”;

(c) in section A. Professional advice, in question 1, for “the Inspection of Churches Measure 1955” substitute “section 45 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”;

(d) in section C. Financial information, for question 4.c. substitute—

“c. Are the proposals wholly to be paid for from a source other than the parochial church council or wholly from funds which have already been given to the PCC for the purpose of the proposals?”.

(e) in section E. Archaeological matters, for the instruction under the heading of that section, substitute—

“Please answer this section for any work to or in the church or churchyard”.

(f) in section F. Consultation for works of demolition, alteration or extension of a listed church—

(i) in question 9, for “Have you consulted any of the following bodies?” substitute “Have any of the following bodies been consulted?”;

(ii) for question 10. a. substitute—

“a. Has the local planning authority been consulted?”;

(g) in section G. Church insurance—

(i) at the end of the instruction under the heading of that section, insert “or churchyard”;

(ii) for question 12.b. substitute—

“b. If yes, has the PCC consulted its insurers about protecting voluntary labour against the risk of injury during the course of the work?”;

(iii) in question 14, after “If the answer to question” insert “12. b. or”;

(h) in section H. Details of contractors, at the beginning of question 15 insert “If known,”;

(i) in section M. Further information, for question 21 substitute—

“

”

(6) In Form 3B (petition for faculty (building included in list under section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018))—

(a) for the two paragraphs of italic text before “SCHEDULE OF WORKS OR PROPOSALS” substitute—

“Please describe the works or other proposals for which a faculty is sought in the way recommended by the Diocesan Advisory Committee in its Notification of Advice.”;

(b) in section A. Professional advice, in question 1, for “the Inspection of Churches Measure 1955” substitute “section 45 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”;

(c) in section D. Archaeological matters, for the instruction under the heading of that section, substitute—

“Please answer this section for any work to or in the building or its curtilage”.

(d) in section E. Consultation for works of demolition, alteration or extension of a listed building—

(i) in question 8, for “Have you consulted any of the following bodies?” substitute “Have any of the following bodies been consulted?”;

(ii) for question 9. a. substitute—

“a. Has the local planning authority been consulted?”;

(e) in section F. Details of contractors, at the beginning of question 10 insert “If known,”;

(f) in section I. Further information, for question 13 substitute—

“

”

(7) In Form 4A (public notice (general form))—

(a) in the text following the heading of the form, the order of “Church of” and “In the parish of” is reversed;

(b) after “where they may conveniently be inspected by the public” insert “and if the petition is submitted through an online system, those documents must also be publicly available for inspection online”;

(c) after “If you wish to object to any of the works or proposals you should send a letter” insert “or email”.

(8) In Form 4B (public notice (building included in list under section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018))—

(a) after “where they may conveniently be inspected by the public” insert “and if the petition is submitted through an online system, those documents must also be publicly available for inspection online”;

(b) after “If you wish to object to any of the works or proposals you should send a letter” insert “or email”.

(9) In Form 8 (certificate of practical completion of works authorised by faculty), in section 3. Certificate by churchwardens or petitioner—

(a) for paragraph (i) substitute—

“(i) We/I certify to the best of our/my knowledge, information and belief that [the whole of the works have been completed] [that the works have been completed in part and that details of the works that have not been carried out are set out in the letter to the registrar which accompanies this certificate] and that the works carried out are in accordance with the faculty. (Delete as appropriate)”

(b) for “the Care of Places of Worship Measure 1999” in both places where it occurs, substitute “section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(10) In Form 12 (request for advice from Church Buildings Council), in the final paragraph, for “within [21] days” substitute “by [insert date at least 21 days after the date of the request]”.

(11) In Form 13 (place of safety order (archdeacon of opinion that article should be removed immediately)), for “section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “section 53 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(12) In Form 14 (notice inviting representations with a view to making a place of safety order), for “section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “section 53 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(13) In Form 15 (place of safety order (following consideration of representations)), for “section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991” substitute “section 53 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(14) In Form 16 (application for injunction or restoration order), in the notes, at the end of the notes to the applicant(s), insert—

“NB The Court may make a restoration order only if it is satisfied that the proceedings for the order were brought no later than six years after the relevant act was committed. In proceedings brought by an archdeacon, if a relevant fact has been deliberately concealed from him or her, the period of six years does not begin to run until the time when the archdeacon discovered the concealment or could with reasonable diligence have discovered it.”.

(15) In Form 17 (injunction), in the heading to the Form, for “(section 13(4) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 71 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

(16) In Form 18 (restoration order), in the heading to the Form, for “(section 13(5) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 72 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

(17) In Form 19 (interim injunction or interim restoration order), in the heading to the Form, for “(section 13(4) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(sections 71 and 72 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

(18) In Form 20 (injunction issued of court’s own initiative), in the heading to the Form, for “(section 13(4) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 71 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

(19) In Form 21 (restoration order issued of court’s own initiative), in the heading to the Form—

(a) for “(Rule 16.8)” substitute “(Rule 16.7)”;

(b) for “(section 13(5) Care of Churches and Ecclesiastical Jurisdiction Measure 1991)” substitute “(section 72 Ecclesiastical Jurisdiction and Care of Churches Measure 2018)”.

(20) In Form 22 (application to chancellor for certificate and permission to appeal), in note 2, for “section 10(3) of the Ecclesiastical Jurisdiction Measure 1963” substitute “section 18(4) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(21) In Form 23 (chancellor’s certificate and determination of application for permission to appeal), in the paragraph headed “Certificate”, for “section 10(3) of the Ecclesiastical Jurisdiction Measure 1963” substitute “section 18(4) of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.

(22) In Form 27 (petition to Her Majesty seeking review of finding of Court of Ecclesiastical Causes Reserved), for “section 11 of the Ecclesiastical Jurisdiction Measure 1963” in both places where it occurs, substitute “section 19 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018”.