The Faculty Jurisdiction (Amendment) Rules 2022

Rule 4

SCHEDULE CHANGES TO LISTS A AND B

PART 1 PRELIMINARY

Preliminary

1.—(1) Schedule 1 (matters which may be undertaken without a faculty) is amended as set out in this Schedule.

(2) In this Schedule—

“List A” means List A in Table 1 in Schedule 1 (matters which may be undertaken without consultation), and

“List B” means List B in Table 2 in Schedule 1 (matters which may be undertaken subject to consultation etc.).

PART 2 ENVIRONMENTAL MATTERS

Draught proofing

2.  In matter A1 in List A (church building etc.), after paragraph (4) insert—

“(4A) Draught proofing an external door or window

The works do not affect the overall appearance or operation of the door or window and do not involve the replacement of a component”.

Insulating heating pipes

3.  In matter A1 in List A (church building etc.), in paragraph (6) (maintenance and repair works) in sub-paragraph (a), in the first column, after “the replacement of control equipment” insert “and the insulation of pipes in the boiler room and ancillary service areas”.

Low-energy lighting

4.—(1) In matter A1 in List A (church building etc.), in paragraph (6) (maintenance and repair works), for sub-paragraph (c) substitute—

“(c) lighting installations, other electrical installations and other electrical equipment (but not the replacement of light fittings, and see matter B1(8)(b) in List B as to fittings for low-energy lamps)”.

(2) In matter B1 in List B (church building), in paragraph (8) (extension of existing lighting system)—

(a) the existing text in the first column becomes sub-paragraph (a), and

(b) in the first column, after sub-paragraph (a) insert—

“(b) The replacement of light fittings with fittings suitable for low-energy lamps”.

Boilers (but not heat pumps)

5.—(1) In matter A1 in List A (church building etc), in paragraph (7) (boiler replacement using same fuel supply)—

(a) the existing text in the first column becomes sub-paragraph (a),

(b) in sub-paragraph (a), before “fuel supply and” insert “non-fossil”,

(c) in sub-paragraph (a), for “and existing pipe runs” substitute “, whether with existing or similar pipe runs”,

(d) in the text in parentheses in the first column, omit “or pipe runs”,

(e) after sub-paragraph (a) insert—

“(b) The replacement of a flue liner”, and

(f) in the second column, omit the first and second entries.

(2) In matter B1 in List B (church building etc), in paragraph (5), for the text in the first column (including the text in parentheses) substitute—

“(5) The replacement of a boiler, whether in the same or substantially the same location and utilising, whether with existing or similar pipe runs— (a) a non-fossil fuel supply in place of a fossil fuel supply, or (b) a different non-fossil fuel supply. (See matter A1(7)(a) in List A for replacement using existing non-fossil fuel supply)”.

(3) In matter B1 in List B, in paragraph (5), in the second column, after the first entry insert—

“Any work to an oil-fired heating system is carried out by a person whose work is subject to an accredited certification scheme (as defined in rule 3.1(6))”.

Roof insulation

6.—(1) In matter A1 in List A (church building etc), in paragraph (8) (roof replacement), in the second column, after the first entry insert—

“The installation of roof insulation is considered”.

(2) In matter A6 in List A (church halls and similar buildings), in paragraph (3) (roof covering replacement), in the second column insert—

“The installation of roof insulation is considered”.

(3) In matter B1 in List B (church building etc), in paragraph (6) (like for like replacement of material covering roof of listed building), in the second column, after the first entry insert—

“The installation of roof insulation is considered”.

(4) In matter B1 in List B, after paragraph (6) insert—

“(6A) The installation of roof insulation in a church which is not a listed building

The insulation material is chosen, and the method of installing the material is decided upon, after obtaining specialist advice”.

(5) In matter B5 in List B (church halls and similar buildings), after paragraph (1) insert—

“(2) The installation of roof insulation in a building which is not a listed building

The insulation material is chosen, and the method of installing the material is decided upon, after obtaining specialist advice”.

Soft furnishings etc.

7.—(1) In matter A5 in List A (church contents), in paragraph (3) (kneelers, hassocks etc.), in the second column, in the first entry, before “change to the overall appearance” insert “major”.

(2) In matter A5 in List A, in paragraph (6) (carpet replacement), in the first column, after “carpet” insert “or the introduction or replacement of movable floor coverings between individual pews”.

(3) In matter B4 in List B (church contents), in paragraph (5) (carpet replacement), in the first column—

(a) after “underlay” insert “other than movable floor coverings between individual pews”,

(b) before “List A” insert “matter A5(6) in”, and

(c) after “carpets” insert “and introduction or replacement of movable floor coverings between individual pews”.

Gas and oil tanks

8.—(1) In matter A7 in List A (churchyard), in paragraph (8) (gas and oil tanks), in the first column—

(a) omit “or replacement”, and

(b) at the end of the entry in the first column insert—

“(See matter B6(4A) in List B for replacement of gas tanks)”.

(2) In matter A7 in List A, in paragraph (8), in the second column, omit the final entry.

(3) In matter B6 in List B (churchyard), after paragraph (4) insert—

“(4A) The replacement of gas tanks (and associated pipe work) (See matter A7(8) in List A for disposal of gas and oil tanks)

No works of excavation are involved, other than the digging of a trench which— (a) where it is underneath land used for the passage of vehicles (whether or not a public right of way), is at a depth of 600 millimetres, and (b) where it is underneath a footpath (whether or not a public right of way), is at a depth of 450 millimetres The local planning authority is notified of the proposal Any work to a gas fitting is carried out by a person who is registered on the Gas Safety Register (or is a member of another class of persons approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998(1)) The replacement tank is of similar dimensions and in substantially the same location If articulated human remains are discovered in the carrying out of the work, the work ceases, the discovery is reported to the court and the work does not resume until the court so orders”.

Electric vehicle charging points

9.—(1) In matter A7 in List A, the title to which becomes “Churchyard etc.”, after paragraph (10) insert—

“(11) The installation in the churchyard or elsewhere in the curtilage of the church of an upstand with an electrical outlet mounted on it for recharging an electric vehicle, where the church is not a listed building

The upstand and outlet together do not exceed 1.6 metres in height from the level of the surface used for parking vehicles Any new disturbance below ground level is kept to a minimum The upstand is situated in an area which may be lawfully used for off-street parking The upstand is not situated within 2 metres of a highway No more than one upstand is provided for each parking space The work is carried out by a body or person who is registered with the relevant government department or other body responsible for accreditation”.

(2) In matter B1 in List B (church building etc.), after paragraph (14) insert—

“(14A) The mounting of an electrical outlet for recharging an electric vehicle on an external wall of a church which is not a listed building

The outlet is mounted at a height not exceeding 1.6 metres from the level of the surface used for parking vehicles Any new disturbance below ground level is kept to a minimum The wall is adjacent to an area which may be lawfully used for off-street parking The wall is not situated within 2 metres of a highway The work is carried out by a body or person who is registered with the relevant government department or other body responsible for accreditation”.

(3) In matter B5 in List B (church hall etc.) after paragraph (2) (inserted by paragraph 6(5) above) insert—

“(3) The mounting of an electrical outlet for recharging an electric vehicle on an external wall of a building which is not a listed building

The outlet is mounted at a height not exceeding 1.6 metres from the level of the surface used for parking vehicles Any new disturbance below ground level is kept to a minimum The wall is adjacent to an area which may be lawfully used for off-street parking The wall is not situated within 2 metres of a highway The work is carried out by a body or person who is registered with the relevant government department or other body responsible for accreditation”.

(4) In matter B6 in List B, the title to which becomes “Churchyard etc.”, after paragraph (5) insert—

“(5A) The installation in the churchyard or elsewhere in the curtilage of the church of an upstand with an electrical outlet mounted on it for recharging an electric vehicle, where the church is a listed building

The upstand and outlet together do not exceed 1.6 metres in height from the level of the surface used for parking vehicles Any new disturbance below ground level is kept to a minimum The upstand is situated in an area which may be lawfully used for off-street parking The upstand is not situated within 2 metres of a highway No more than one upstand is provided for each parking space The work is carried out by a body or person who is registered with the relevant government department or other body responsible for accreditation”.

(5) In Schedule 1, in the text entitled “General Notes”, in the section of that text beginning “In List A and List B”, after the definition of “church” insert—

““curtilage”, in relation to a church, means any land (whether or not consecrated for burials) which is—

(a)

part of the curtilage of the church, or

(b)

if there is a church hall or other similar building subject to the faculty jurisdiction, part of the curtilage of that other building;”.

Solar panels

10.—(1) In matter B1 in List B, after paragraph (19) insert—

“(20) The installation of photovoltaic panels on a church which is not a listed building or in a conservation area”.

(2) In matter B5 in List B (church halls etc.), after paragraph (3) (inserted by paragraph 9(3) above) insert—

“(4) The installation of photovoltaic panels on a building which is not a listed building or in a conservation area”.

Electric heaters

11.—(1) In matter B4 in List B (church contents), in paragraph (10) (heating appliances), in the first column, for “a heating” substitute “an electrical heating”.

(2) In matter B4 in List B, after paragraph (10) insert—

“(10A) The installation of an electrical heating system for attachment to pews made in or after 1850 and which are not of historic interest

Details of the appliances, their proposed location and fixing and the location of any cable runs are submitted to the archdeacon when the archdeacon is consulted on the proposal to undertake the matter Any work to an electrical installation or electrical equipment is carried out by a person whose work is subject to an accredited certification scheme (as defined in rule 3.1(6)) No article of historic or artistic interest is removed or disposed of”

Cable trenches

12.  In matter B6 in List B, after paragraph (8) insert—

“(9) The digging of a cable trench and the installation of cables, and the attachment of wiring, in the trench.

A plan showing the proposed route of the trench is submitted to the archdeacon when the archdeacon is consulted on the proposal to undertake the matter and the archdeacon approves the route proposed No cables exceed low voltage (as defined by the regulations on electrical wiring published by the British Standards Institution) Where the trench is underneath land used for the passage of vehicles (whether or not a public right of way), the depth of the trench is 600 millimetres Where the trench is underneath a footpath (whether or not a public right of way), the depth of the trench is 450 millimetres If articulated human remains are discovered in the carrying out of the work, the work ceases, the discovery is reported to the court and the work does not resume until the court so orders”.

PART 3 OTHER MATTERS

Lightning conductors

13.—(1) In matter A1 in List A (church building etc.), in paragraph (11), after “lightning conductor” insert “or to an earth mat connected to an existing lightning conductor”.

(2) In matter B1 in List B (church building etc.), in paragraph (9), after “lightning conductor” insert “or the connection of an earth mat to a lightning conductor”.

Clapper shafts

14.  In matter A3 in List A (bells etc.), after paragraph (4) insert—

“(5) The like for like replacement of a wrought iron clapper shaft”.

Broadband equipment

15.—(1) In matter B1 in List B (church buildings etc.), after paragraph (11) insert—

“(11A) The installation of equipment for receiving, or for receiving and sharing, wireless broadband services

The equipment does not adversely affect the church’s protection against lightning Any cable runs are secured so as to minimise the risk that they become loose Details of the equipment, its proposed location and the location and securing of any cable runs are submitted to the archdeacon when the archdeacon is consulted on the proposal to undertake the matter In the formulation of those details, regard is had to the desirability of avoiding loss of or damage to historic material The diocesan registrar is consulted on the terms of any proposed contract for the sharing of the wireless broadband services”.

(2) In matter B5 in List B (church halls etc.), after paragraph (4) (inserted by paragraph 10(2) above) insert—

“(5) The installation of equipment for receiving, or for receiving and sharing, wireless broadband services

The equipment does not adversely affect the building’s protection against lightning Any cable runs are secured so as to minimise the risk that they become loose Details of the equipment, its proposed location and the location and securing of any cable runs are submitted to the archdeacon when the archdeacon is consulted on the proposal to undertake the matter In the formulation of those details, regard is had to the desirability of avoiding loss of or damage to historic material The diocesan registrar is consulted on the terms of any proposed contract for the sharing of the wireless broadband services”.

Sound control measures in belfry

16.  In matter B2 in List B (bells etc.), in paragraph (7), for “louvres in a belfry as a sound control measure” substitute “a sound control measure in a belfry”.

(1)

S.I. 1988/2451.