PART 4

FACULTY JURISDICTION

Subject-matter of faculty

Demolition of church
62
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.
S. 62 in force at 1.9.2018 by S.I. 2018/720, art. 2