The Faculty Jurisdiction Rules 2015

Supplementary

3.7.—(1) The fact that a matter may be undertaken without a faculty under this Part does not remove that matter from the jurisdiction of the court.

(2) The court may accordingly give any judgment, grant any faculty or make any order or decree (including making the grant of a faculty subject to a condition) in respect of that matter as it might give, grant or make in respect of any other matter which is within the jurisdiction of the court.

(3) A matter may not be undertaken without a faculty under this Part if undertaking that matter would be in breach of—

(a) any condition subject to which a faculty has been granted,

(b) the terms of any injunction or restoration order, or

(c) the terms of any undertaking given to the court.

(4) Any question as to whether a particular matter is or is not a matter that may be undertaken without a faculty under this Part is to be determined by the court.

(5) The determination may be made by the court on its own initiative or on the application of—

(a) an authorised person,

(b) in the case of a matter specified in an additional matters order, a person who may undertake the matter under the order, or

(c) the archdeacon.

(6) The court will determine the question without a hearing on consideration of such written representations (if any) as the court thinks fit unless the court orders that the question be determined at a hearing.