The Faculty Jurisdiction Rules 2013

1. Introductory Text

2. PART 1 Overriding objective

   1. 1.1. Overriding objective

   2. 1.2. Application by the court of the overriding objective

   3. 1.3. Duty of the parties

   4. 1.4. Court’s duty to manage cases

   5. 1.5. Case management powers

3. PART 2 Application and interpretation of the Rules

   1. 2.1. Application of the Rules

   2. 2.2. Interpretation

   3. 2.3. Time

4. PART 3 Seeking advice prior to commencement of proceedings

   1. 3.1. Seeking the advice of the Diocesan Advisory Committee

   2. 3.2. Documents etc. to be submitted to the Diocesan Advisory Committee

   3. 3.3. Proposals involving changes to listed buildings: statements of significance and needs

   4. 3.4. Consultation with English Heritage, amenity societies and the local planning authority in certain cases

   5. 3.5. Trees

   6. 3.6. Giving of Diocesan Advisory Committee’s advice

   7. 3.7. Interim faculties and interim injunctions

5. PART 4 Faculty proceedings – parties and commencement

   1. 4.1. Parties to proceedings

   2. 4.2. How to start faculty proceedings – the petition

   3. 4.3. Form of petition – general

   4. 4.4. Form of petition – trees

   5. 4.5. Content of petition

   6. 4.6. Documents etc. to accompany petition

   7. 4.7. Register of petitions

   8. 4.8. Display of petition and associated documents etc. in church

6. PART 5 Public Notice

   1. 5.1. Requirement for public notice

   2. 5.2. Form of public notice

   3. 5.3. Display of public notice etc.

   4. 5.4. Directions by registrar as to public notice

   5. 5.5. Return of public notice to registrar

   6. 5.6. Exhumation, reservation of grave space and other special cases

   7. 5.7. Emergencies etc. – dispensing with giving of public notice

   8. 5.8. Interim faculties

7. PART 6 Chancellor’s jurisdiction

   1. 6.1. Jurisdiction of court exercised by chancellor

   2. 6.2. Chancellor to have advice of Diocesan Advisory Committee

   3. 6.3. Reasons for grant of faculty or dismissal of petition

   4. 6.4. Issue of faculty

8. PART 7 Archdeacon’s jurisdiction

   1. 7.1. Exercise of faculty jurisdiction by archdeacon

   2. 7.2. Allocation of petitions to archdeacon

   3. 7.3. Determination of petition by archdeacon

   4. 7.4. Archdeacon to have advice from the Diocesan Advisory Committee

   5. 7.5. Endorsement of petition by archdeacon etc.

   6. 7.6. Issue of faculty

   7. 7.7. Further conduct of proceedings where objections received

   8. 7.8. Declining jurisdiction

   9. 7.9. Referral from archdeacon to chancellor

   10. 7.10. Referral by registrar to chancellor

   11. 7.11. Re-allocation to chancellor

   12. 7.12. Proceedings on re-allocated petitions

   13. 7.13. Removal of article to place of safety

   14. 7.14. Temporary minor re-ordering

   15. 7.15. Steps to be taken on expiry of licence for temporary minor re-ordering

9. PART 8 Special notice of petition, consultation etc.

   1. 8.1. Special notice

   2. 8.2. Publication of notice in newspaper etc.

   3. 8.3. Special notice to English Heritage, amenity societies and the local planning authority

   4. 8.4. Graves and memorials maintained by the Commonwealth War Graves Commission

   5. 8.5. Representations or objection by body given special notice

   6. 8.6. Mandatory consultation with the Church Buildings Council

   7. 8.7. Discretionary consultation with the Church Buildings Council

   8. 8.8. Procedure for seeking and giving the Church Buildings Council’s advice

   9. 8.9. Publication of notice on diocesan website

   10. 8.10. Demolition or partial demolition of church

10. PART 9 Objections to faculty petition

    1. 9.1. Interested persons

    2. 9.2. Objection by interested person

    3. 9.3. Procedure following receipt of letter of objection

    4. 9.4. Objector becomes party opponent

    5. 9.5. Further proceedings where objector does not become party opponent

    6. 9.6. Unopposed petitions

    7. 9.7. Opposed petition – reply to particulars of objection

11. PART 10 Directions

    1. 10.1. Giving directions

    2. 10.2. Matters on which directions may be given

    3. 10.3. Time and place of hearing

    4. 10.4. Witness statements

    5. 10.5. Expert reports

12. PART 11 Conduct of hearings

    1. 11.1. Hearings conducted as directed by chancellor

    2. 11.2. Evidence given orally

    3. 11.3. Other means of giving evidence

13. PART 12 Evidence of non-parties

    1. 12.1. Evidence of non-parties – generally

    2. 12.2. Demolition – evidence of the Church Buildings Council and other persons

    3. 12.3. Evidence of the Church Buildings Council in other cases

    4. 12.4. Evidence of English Heritage and national amenity societies

    5. 12.5. Judge’s witness

    6. 12.6. Witness statements

    7. 12.7. Notice to parties

    8. 12.8. Treatment of non-party witness

14. PART 13 Disposal of proceedings by written representations

    1. 13.1. Conditions for disposal by written representations

    2. 13.2. Directions

    3. 13.3. Revocation of order for disposal by written representations

    4. 13.4. Inspection of church etc.

    5. 13.5. Determination

15. PART 14 Interim faculties

    1. 14.1. Scope and effect of interim faculties

    2. 14.2. Applications for interim faculties

    3. 14.3. Grant of interim faculties

16. PART 15 Injunctions and restoration orders

    1. 15.1. Applicant

    2. 15.2. Form of application

    3. 15.3. Service of application

    4. 15.4. Evidence in response to application

    5. 15.5. Terms of injunction or restoration order etc.

    6. 15.6. Interim injunctions

    7. 15.7. Injunction without application

    8. 15.8. Restoration order without application

    9. 15.9. Variation etc. of injunction or restoration order

    10. 15.10. Undertakings

17. PART 16 Service of documents

    1. 16.1. Methods of service etc.

    2. 16.2. Meaning of ‘proper address’

    3. 16.3. Service through document exchange

    4. 16.4. Service by electronic means

18. PART 17 The court’s case management powers

    1. 17.1. The court’s general powers of case management

    2. 17.2. Registrar’s power to refer to chancellor

    3. 17.3. Court’s power to make order of its own initiative

19. PART 18 Costs

    1. 18.1. General

    2. 18.2. Assessment of costs

    3. 18.3. Appeals against registrar’s assessment

    4. 18.4. Special citation of persons in default

20. PART 19 Miscellaneous and General

    1. 19.1. Inspection of church etc.

    2. 19.2. Non-compliance

    3. 19.3. Setting aside in other circumstances

    4. 19.4. Clerk of the court

    5. 19.5. Procedural questions

    6. 19.6. Departure from prescribed forms

    7. 19.7. Electronic signatures

21. PART 20 Citation, commencement, revocation and transitional provisions

    1. 20.1. Citation and commencement

    2. 20.2. Revocation

    3. 20.3. Transitional provisions

22. Signature

23. SCHEDULES

    1. SCHEDULE 1

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

       1. 1. Works within the scope of this Schedule

       2. 2. Timing of consultation

       3. 3. English Heritage

       4. 4. National amenity societies

       5. 5. The local planning authority

       6. 6. Documents to accompany consultation

       7. 7. Information etc. to be provided to Diocesan Advisory Committee

    2. SCHEDULE 2

       Works within archdeacon’s jurisdiction

       1. Works to the fabric of the church or other building

       2. Works affecting fixtures

       3. Works affecting movables

       4. Works affecting churchyards and curtilage

    3. SCHEDULE 3

       Forms

24. Explanatory Note