Introductory Text
PART 1 Overriding objective
1.1.Overriding objective
1.2.Application by the court of the overriding objective
1.3.Duty of the parties
1.4.Court’s duty to manage cases
1.5.Case management powers
PART 2 Application and interpretation of the Rules
2.1.Application of the Rules
2.2.Interpretation
2.3.Time
PART 3 Seeking advice prior to commencement of proceedings
3.1.Seeking the advice of the Diocesan Advisory Committee
3.2.Documents etc. to be submitted to the Diocesan Advisory Committee
3.3.Proposals involving changes to listed buildings: statements of significance and needs
3.4.Consultation with English Heritage, amenity societies and the local planning authority in certain cases
3.5.Trees
3.6.Giving of Diocesan Advisory Committee’s advice
3.7.Interim faculties and interim injunctions
PART 4 Faculty proceedings – parties and commencement
4.1.Parties to proceedings
4.2.How to start faculty proceedings – the petition
4.3.Form of petition – general
4.4.Form of petition – trees
4.5.Content of petition
4.6.Documents etc. to accompany petition
4.7.Register of petitions
4.8.Display of petition and associated documents etc. in church
PART 5 Public Notice
5.1.Requirement for public notice
5.2.Form of public notice
5.3.Display of public notice etc.
5.4.Directions by registrar as to public notice
5.5.Return of public notice to registrar
5.6.Exhumation, reservation of grave space and other special cases
5.7.Emergencies etc. – dispensing with giving of public notice
5.8.Interim faculties
PART 6 Chancellor’s jurisdiction
6.1.Jurisdiction of court exercised by chancellor
6.2.Chancellor to have advice of Diocesan Advisory Committee
6.3.Reasons for grant of faculty or dismissal of petition
6.4.Issue of faculty
PART 7 Archdeacon’s jurisdiction
7.1.Exercise of faculty jurisdiction by archdeacon
7.2.Allocation of petitions to archdeacon
7.3.Determination of petition by archdeacon
7.4.Archdeacon to have advice from the Diocesan Advisory Committee
7.5.Endorsement of petition by archdeacon etc.
7.6.Issue of faculty
7.7.Further conduct of proceedings where objections received
7.8.Declining jurisdiction
7.9.Referral from archdeacon to chancellor
7.10.Referral by registrar to chancellor
7.11.Re-allocation to chancellor
7.12.Proceedings on re-allocated petitions
7.13.Removal of article to place of safety
7.14.Temporary minor re-ordering
7.15.Steps to be taken on expiry of licence for temporary minor re-ordering
PART 8 Special notice of petition, consultation etc.
8.1.Special notice
8.2.Publication of notice in newspaper etc.
8.3.Special notice to English Heritage, amenity societies and the local planning authority
8.4.Graves and memorials maintained by the Commonwealth War Graves Commission
8.5.Representations or objection by body given special notice
8.6.Mandatory consultation with the Church Buildings Council
8.7.Discretionary consultation with the Church Buildings Council
8.8.Procedure for seeking and giving the Church Buildings Council’s advice
8.9.Publication of notice on diocesan website
8.10.Demolition or partial demolition of church
PART 9 Objections to faculty petition
9.1.Interested persons
9.2.Objection by interested person
9.3.Procedure following receipt of letter of objection
9.4.Objector becomes party opponent
9.5.Further proceedings where objector does not become party opponent
9.6.Unopposed petitions
9.7.Opposed petition – reply to particulars of objection
PART 10 Directions
10.1.Giving directions
10.2.Matters on which directions may be given
10.3.Time and place of hearing
10.4.Witness statements
10.5.Expert reports
PART 11 Conduct of hearings
11.1.Hearings conducted as directed by chancellor
11.2.Evidence given orally
11.3.Other means of giving evidence
PART 12 Evidence of non-parties
12.1.Evidence of non-parties – generally
12.2.Demolition – evidence of the Church Buildings Council and other persons
12.3.Evidence of the Church Buildings Council in other cases
12.4.Evidence of English Heritage and national amenity societies
12.5.Judge’s witness
12.6.Witness statements
12.7.Notice to parties
12.8.Treatment of non-party witness
PART 13 Disposal of proceedings by written representations
13.1.Conditions for disposal by written representations
13.2.Directions
13.3.Revocation of order for disposal by written representations
13.4.Inspection of church etc.
13.5.Determination
PART 14 Interim faculties
14.1.Scope and effect of interim faculties
14.2.Applications for interim faculties
14.3.Grant of interim faculties
PART 15 Injunctions and restoration orders
15.1.Applicant
15.2.Form of application
15.3.Service of application
15.4.Evidence in response to application
15.5.Terms of injunction or restoration order etc.
15.6.Interim injunctions
15.7.Injunction without application
15.8.Restoration order without application
15.9.Variation etc. of injunction or restoration order
15.10.Undertakings
PART 16 Service of documents
16.1.Methods of service etc.
16.2.Meaning of ‘proper address’
16.3.Service through document exchange
16.4.Service by electronic means
PART 17 The court’s case management powers
17.1.The court’s general powers of case management
17.2.Registrar’s power to refer to chancellor
17.3.Court’s power to make order of its own initiative
PART 18 Costs
18.1.General
18.2.Assessment of costs
18.3.Appeals against registrar’s assessment
18.4.Special citation of persons in default
PART 19 Miscellaneous and General
19.1.Inspection of church etc.
19.2.Non-compliance
19.3.Setting aside in other circumstances
19.4.Clerk of the court
19.5.Procedural questions
19.6.Departure from prescribed forms
19.7.Electronic signatures
PART 20 Citation, commencement, revocation and transitional provisions
20.1.Citation and commencement
20.2.Revocation
20.3.Transitional provisions
Signature
SCHEDULES
SCHEDULE 1
Consultation with English Heritage, national amenity societies and the local planning authority
1.Works within the scope of this Schedule
2.Timing of consultation
3.English Heritage
4.National amenity societies
5.The local planning authority
6.Documents to accompany consultation
7.Information etc. to be provided to Diocesan Advisory Committee
SCHEDULE 2
Works within archdeacon’s jurisdiction
Works to the fabric of the church or other building
Works affecting fixtures
Works affecting movables
Works affecting churchyards and curtilage
SCHEDULE 3
Forms
Explanatory Note