OpenLegislation

The Faculty Jurisdiction Rules 2015

S.I. 2015/1568 · Made 18 May 2015 · Extends to England

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

Ecclesiastical Law, England

Made 18th May 2015

Approved by the General Synod 11th July 2015

Laid before Parliament 24th July 2015

Coming into force 1st January 2016

The Rule Committee, in exercise of the powers conferred by sections 14(7), 15(4), 18B, 21(4) and 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991f1, makes the following Rules:

Annotations to the whole text

Footnotes

f1

1991 No. 1. Relevant amendments were made by section 13 of the Church of England (Miscellaneous Provisions) Measure 2014 (2014 No. 1) and sections 2(3), 3(2) and 5 of the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015 (2015 No.1).

Contents

  1. Part 1: Overriding objective
  2. 1.1Overriding objective
  3. 1.2Application by the court of the overriding objective
  4. 1.3Duty of the parties
  5. 1.4Court’s duty to manage cases
  6. 1.5Case management powers
  7. Part 2: Application and interpretation of the Rules
  8. 2.1Application of the Rules
  9. 2.2Interpretation
  10. 2.3Time
  11. Part 3: Matters not requiring a faculty
  12. 3.1Scope and interpretation
  13. 3.2Undertaking matters in List A without a faculty
  14. 3.3Undertaking matters in List B without a faculty
  15. 3.4Additional matters which may be undertaken without a faculty
  16. 3.5Excluded matters – general
  17. 3.6Excluded matters orders
  18. 3.7Jurisdiction of consistory court
  19. 3.8Determination of questions
  20. Part 4: Consultation and advice before starting faculty proceedings
  21. 4.1Process for consultation and obtaining advice - outline
  22. 4.2Documents etc. to be submitted to Diocesan Advisory Committee
  23. 4.3Initial advice from Diocesan Advisory Committee
  24. 4.4Proposals involving changes to listed buildings: statements of significance and needs
  25. 4.5Consultation with Historic England, amenity societies and the local planning authority in certain cases
  26. 4.6Consultation with Church Buildings Council in certain cases
  27. 4.7Consultation: procedure
  28. 4.8Notification of material changes made in response to consultation or otherwise
  29. 4.9Notification of advice
  30. 4.10Interim faculties and interim injunctions and restoration orders
  31. Part 5: Faculty proceedings – parties and commencement
  32. 5.1Parties to proceedings
  33. 5.2How to start faculty proceedings – the petition
  34. 5.3Form of petition
  35. 5.4Content of petition
  36. 5.5Documents etc. to accompany petition
  37. 5.6Register of petitions
  38. 5.7Inspection of petition and associated documents
  39. Part 6: Public Notice
  40. 6.1Requirement for public notice
  41. 6.2Form of public notice
  42. 6.3Display of public notice etc.
  43. 6.4Directions by registrar as to public notice
  44. 6.5Return of public notice to registrar
  45. 6.6Exhumation, reservation of grave space and other special cases
  46. 6.7Emergencies etc. – dispensing with giving of public notice
  47. 6.8Interim faculties
  48. Part 7: Chancellor’s jurisdiction
  49. 7.1Jurisdiction of consistory court exercised by chancellor
  50. 7.2Chancellor to seek advice of Diocesan Advisory Committee
  51. 7.3Reasons for grant of faculty or dismissal of petition
  52. 7.3ANotification of final determination to body making representations
  53. 7.4Issue of faculty
  54. Part 8: Archdeacon’s jurisdiction
  55. 8.1Removal of article to place of safety
  56. 8.2Temporary minor re-ordering
  57. 8.3Steps to be taken on expiry of licence for temporary minor re-ordering
  58. Part 9: Special notice of petition, consultation etc.
  59. 9.1Special notice
  60. 9.2Publication of notice in newspaper etc.
  61. 9.3Special notice to Historic England, amenity societies and the local planning authority
  62. 9.4Graves and memorials maintained by the Commonwealth War Graves Commission
  63. 9.5Representations or objection by body given special notice
  64. 9.6Mandatory consultation with the Church Buildings Council
  65. 9.7Discretionary consultation with the Church Buildings Council
  66. 9.8Procedure for seeking and giving the Church Buildings Council’s advice
  67. 9.9Works affecting character of listed building etc: publication of notice on diocesan website
  68. 9.10Interim faculties
  69. Part 10: Objections to faculty petition
  70. 10.1Interested persons
  71. 10.2Objection by interested person
  72. 10.3Procedure following receipt of letter of objection
  73. 10.4Further proceedings where objector becomes party opponent
  74. 10.5Further proceedings where objector does not become party opponent
  75. 10.6Unopposed petitions
  76. Part 11: Directions
  77. 11.1Giving directions
  78. 11.2Matters on which directions may be given
  79. 11.3Time and place of hearing
  80. 11.4Witness statements
  81. 11.5Expert reports
  82. 11.6Inordinate delay etc. – intervention by provincial court
  83. Part 12: Conduct of hearings
  84. 12.1Hearings conducted as directed by the court
  85. 12.2Evidence given orally
  86. 12.3Other means of giving evidence Repealed
  87. Part 13: Evidence of non-parties
  88. 13.1Evidence of non-parties generally
  89. 13.2Evidence of the Church Buildings Council
  90. 13.3Evidence of Historic England and national amenity societies
  91. 13.4Judge’s witness
  92. 13.5Evidence given under this Part
  93. 13.6Notice to parties
  94. 13.7Treatment of non-party witness
  95. Part 14: Disposal of proceedings by written representations
  96. 14.1Conditions for disposal by written representations
  97. 14.2Directions
  98. 14.3Revocation of order for disposal by written representations
  99. 14.4Inspection of church etc.
  100. 14.5Determination
  101. Part 15: Interim faculties
  102. 15.1Scope and effect of interim faculties
  103. 15.2Applications for interim faculties
  104. 15.3Grant of interim faculties
  105. Part 16: Injunctions and restoration orders
  106. 16.1Applicant
  107. 16.2Form of application
  108. 16.3Service of application
  109. 16.4Evidence in response to application
  110. 16.5Terms of injunction or restoration order etc.
  111. 16.6Interim orders
  112. 16.7Injunction or restoration order issued of court’s own initiative
  113. 16.8Variation etc. of injunction or restoration order
  114. 16.9Undertakings
  115. Part 17: Delivery of documents
  116. 17.1Methods of service etc.
  117. 17.2Meaning of ‘proper address’
  118. 17.3Service through document exchange
  119. 17.4Service by electronic means
  120. 17.5Deemed time of submission, filing and service
  121. Part 18: The court’s case management powers
  122. 18.1The court’s general powers of case management
  123. 18.2Registrar’s power to refer to chancellor
  124. 18.3Court’s power to make order of its own initiative
  125. Part 19: Costs
  126. 19.1General
  127. 19.2Assessment of costs
  128. 19.3Appeals against registrar’s assessment
  129. 19.4Special citation of persons in default
  130. 19.5Security for costs
  131. Part 20: Miscellaneous and General
  132. 20.1Inspection of church etc.
  133. 20.2Non-compliance
  134. 20.3Amendment and setting aside in other circumstances
  135. 20.4Clerk of the court
  136. 20.5Procedural questions
  137. 20.6Departure from prescribed forms
  138. 20.7Electronic signatures
  139. Part 21: Appeals
  140. 21.1Application of Parts 21 to 27 to appeals
  141. 21.2Interpretation of Parts 21 to 27
  142. Part 22: Destination of appeals and permission to appeal
  143. 22.1Appeals from consistory courts
  144. 22.2Test for permission to appeal to provincial courts
  145. 22.3Appeals from provincial courts
  146. 22.4Review of findings of the Court of Ecclesiastical Causes Reserved
  147. Part 23: Appeals from consistory courts – initial procedure
  148. 23.1Appeal from consistory court – initial application to chancellor
  149. 23.2Determination of initial application by chancellor
  150. 23.3Permission to appeal – renewed application to the Dean
  151. 23.4Determination of renewed application
  152. 23.5Terms of permission to appeal
  153. Part 24: Appeals in the provincial courts
  154. 24.1Permission granted by chancellor: filing and service of appeal documents
  155. 24.2Permission granted by the Dean: service of appeal documents
  156. 24.3Grounds of appeal
  157. 24.4Respondent’s notice
  158. 24.5Transfer of appeals
  159. 24.6Determination of appeals
  160. Part 25: Appeals in the Court of Ecclesiastical Causes Reserved
  161. 25.1Notice of appeal
  162. 25.2Service of appeal documents
  163. 25.3Grounds of appeal
  164. 25.4Respondent’s notice
  165. 25.5Transfer of appeals
  166. 25.6Determination of appeals
  167. 25.7Registrars
  168. Part 26: Commission of Review
  169. 26.1Filing of petition
  170. 26.2Appointment of Registrar of Commission of Review etc.
  171. 26.3Service of petition
  172. 26.4Respondent’s notice
  173. Part 27: General provisions relating to appeals
  174. 27.1Stay
  175. 27.2Court files
  176. 27.3Amendment of appeal notice
  177. 27.4Withdrawal of appeal
  178. 27.5Striking out grounds of appeal etc.
  179. 27.6Addition of parties
  180. 27.7Interveners
  181. 27.8Appeal court’s powers
  182. 27.9Interim orders in the provincial courts
  183. 27.10Registrar’s power to refer to court
  184. 27.11Hearing and determination of appeals
  185. Part 28: Citation, commencement, revocation and transitional provisions
  186. 28.1Citation and commencement
  187. 28.2Revocation
  188. 28.3Transitional provisions
  189. Signature
  190. Schedule 1Matters which may be undertaken without a faculty
  191. Schedule 2: Consultation with Historic England, national amenity societies andthelocalplanningauthority Repealed
  192. 1Timing of consultation Repealed
  193. 2Historic England Repealed
  194. 3National amenity societies Repealed
  195. 4The local planning authority Repealed
  196. 5Documents to accompany consultation Repealed
  197. 6Information etc. to be provided to Diocesan Advisory Committee Repealed
  198. Schedule 3Forms
  199. Explanatory note