The Faculty Jurisdiction Rules 2015
S.I. 2015/1568 · Made 18 May 2015 · Extends to England
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
- Part 1: Overriding objective
- 1.1Overriding objective
- 1.2Application by the court of the overriding objective
- 1.3Duty of the parties
- 1.4Court’s duty to manage cases
- 1.5Case management powers
- Part 2: Application and interpretation of the Rules
- 2.1Application of the Rules
- 2.2Interpretation
- 2.3Time
- Part 3: Matters not requiring a faculty
- 3.1Scope and interpretation
- 3.2Undertaking matters in List A without a faculty
- 3.3Undertaking matters in List B without a faculty
- 3.4Additional matters which may be undertaken without a faculty
- 3.5Excluded matters – general
- 3.6Excluded matters orders
- 3.7Jurisdiction of consistory court
- 3.8Determination of questions
- Part 4: Consultation and advice before starting faculty proceedings
- 4.1Process for consultation and obtaining advice - outline
- 4.2Documents etc. to be submitted to Diocesan Advisory Committee
- 4.3Initial advice from Diocesan Advisory Committee
- 4.4Proposals involving changes to listed buildings: statements of significance and needs
- 4.5Consultation with Historic England, amenity societies and the local planning authority in certain cases
- 4.6Consultation with Church Buildings Council in certain cases
- 4.7Consultation: procedure
- 4.8Notification of material changes made in response to consultation or otherwise
- 4.9Notification of advice
- 4.10Interim faculties and interim injunctions and restoration orders
- Part 5: Faculty proceedings – parties and commencement
- 5.1Parties to proceedings
- 5.2How to start faculty proceedings – the petition
- 5.3Form of petition
- 5.4Content of petition
- 5.5Documents etc. to accompany petition
- 5.6Register of petitions
- 5.7Inspection of petition and associated documents
- Part 6: Public Notice
- 6.1Requirement for public notice
- 6.2Form of public notice
- 6.3Display of public notice etc.
- 6.4Directions by registrar as to public notice
- 6.5Return of public notice to registrar
- 6.6Exhumation, reservation of grave space and other special cases
- 6.7Emergencies etc. – dispensing with giving of public notice
- 6.8Interim faculties
- Part 7: Chancellor’s jurisdiction
- 7.1Jurisdiction of consistory court exercised by chancellor
- 7.2Chancellor to seek advice of Diocesan Advisory Committee
- 7.3Reasons for grant of faculty or dismissal of petition
- 7.3ANotification of final determination to body making representations
- 7.4Issue of faculty
- Part 8: Archdeacon’s jurisdiction
- 8.1Removal of article to place of safety
- 8.2Temporary minor re-ordering
- 8.3Steps to be taken on expiry of licence for temporary minor re-ordering
- Part 9: Special notice of petition, consultation etc.
- 9.1Special notice
- 9.2Publication of notice in newspaper etc.
- 9.3Special notice to Historic England, amenity societies and the local planning authority
- 9.4Graves and memorials maintained by the Commonwealth War Graves Commission
- 9.5Representations or objection by body given special notice
- 9.6Mandatory consultation with the Church Buildings Council
- 9.7Discretionary consultation with the Church Buildings Council
- 9.8Procedure for seeking and giving the Church Buildings Council’s advice
- 9.9Works affecting character of listed building etc: publication of notice on diocesan website
- 9.10Interim faculties
- Part 10: Objections to faculty petition
- 10.1Interested persons
- 10.2Objection by interested person
- 10.3Procedure following receipt of letter of objection
- 10.4Further proceedings where objector becomes party opponent
- 10.5Further proceedings where objector does not become party opponent
- 10.6Unopposed petitions
- Part 11: Directions
- 11.1Giving directions
- 11.2Matters on which directions may be given
- 11.3Time and place of hearing
- 11.4Witness statements
- 11.5Expert reports
- 11.6Inordinate delay etc. – intervention by provincial court
- Part 12: Conduct of hearings
- 12.1Hearings conducted as directed by the court
- 12.2Evidence given orally
- 12.3Other means of giving evidence Repealed
- Part 13: Evidence of non-parties
- 13.1Evidence of non-parties generally
- 13.2Evidence of the Church Buildings Council
- 13.3Evidence of Historic England and national amenity societies
- 13.4Judge’s witness
- 13.5Evidence given under this Part
- 13.6Notice to parties
- 13.7Treatment of non-party witness
- Part 14: Disposal of proceedings by written representations
- 14.1Conditions for disposal by written representations
- 14.2Directions
- 14.3Revocation of order for disposal by written representations
- 14.4Inspection of church etc.
- 14.5Determination
- Part 15: Interim faculties
- 15.1Scope and effect of interim faculties
- 15.2Applications for interim faculties
- 15.3Grant of interim faculties
- Part 16: Injunctions and restoration orders
- 16.1Applicant
- 16.2Form of application
- 16.3Service of application
- 16.4Evidence in response to application
- 16.5Terms of injunction or restoration order etc.
- 16.6Interim orders
- 16.7Injunction or restoration order issued of court’s own initiative
- 16.8Variation etc. of injunction or restoration order
- 16.9Undertakings
- Part 17: Delivery of documents
- 17.1Methods of service etc.
- 17.2Meaning of ‘proper address’
- 17.3Service through document exchange
- 17.4Service by electronic means
- 17.5Deemed time of submission, filing and service
- Part 18: The court’s case management powers
- 18.1The court’s general powers of case management
- 18.2Registrar’s power to refer to chancellor
- 18.3Court’s power to make order of its own initiative
- Part 19: Costs
- 19.1General
- 19.2Assessment of costs
- 19.3Appeals against registrar’s assessment
- 19.4Special citation of persons in default
- 19.5Security for costs
- Part 20: Miscellaneous and General
- 20.1Inspection of church etc.
- 20.2Non-compliance
- 20.3Amendment and setting aside in other circumstances
- 20.4Clerk of the court
- 20.5Procedural questions
- 20.6Departure from prescribed forms
- 20.7Electronic signatures
- Part 21: Appeals
- 21.1Application of Parts 21 to 27 to appeals
- 21.2Interpretation of Parts 21 to 27
- Part 22: Destination of appeals and permission to appeal
- 22.1Appeals from consistory courts
- 22.2Test for permission to appeal to provincial courts
- 22.3Appeals from provincial courts
- 22.4Review of findings of the Court of Ecclesiastical Causes Reserved
- Part 23: Appeals from consistory courts – initial procedure
- 23.1Appeal from consistory court – initial application to chancellor
- 23.2Determination of initial application by chancellor
- 23.3Permission to appeal – renewed application to the Dean
- 23.4Determination of renewed application
- 23.5Terms of permission to appeal
- Part 24: Appeals in the provincial courts
- 24.1Permission granted by chancellor: filing and service of appeal documents
- 24.2Permission granted by the Dean: service of appeal documents
- 24.3Grounds of appeal
- 24.4Respondent’s notice
- 24.5Transfer of appeals
- 24.6Determination of appeals
- Part 25: Appeals in the Court of Ecclesiastical Causes Reserved
- 25.1Notice of appeal
- 25.2Service of appeal documents
- 25.3Grounds of appeal
- 25.4Respondent’s notice
- 25.5Transfer of appeals
- 25.6Determination of appeals
- 25.7Registrars
- Part 26: Commission of Review
- 26.1Filing of petition
- 26.2Appointment of Registrar of Commission of Review etc.
- 26.3Service of petition
- 26.4Respondent’s notice
- Part 27: General provisions relating to appeals
- 27.1Stay
- 27.2Court files
- 27.3Amendment of appeal notice
- 27.4Withdrawal of appeal
- 27.5Striking out grounds of appeal etc.
- 27.6Addition of parties
- 27.7Interveners
- 27.8Appeal court’s powers
- 27.9Interim orders in the provincial courts
- 27.10Registrar’s power to refer to court
- 27.11Hearing and determination of appeals
- Part 28: Citation, commencement, revocation and transitional provisions
- 28.1Citation and commencement
- 28.2Revocation
- 28.3Transitional provisions
- Signature
- Schedule 1Matters which may be undertaken without a faculty
- Schedule 2: Consultation with Historic England, national amenity societies andthelocalplanningauthority Repealed
- 1Timing of consultation Repealed
- 2Historic England Repealed
- 3National amenity societies Repealed
- 4The local planning authority Repealed
- 5Documents to accompany consultation Repealed
- 6Information etc. to be provided to Diocesan Advisory Committee Repealed
- Schedule 3Forms
- Explanatory note