OpenLegislation

Rule 3.5 Excluded matters – generalI1

England

(1)

Rules 3.2 to 3.4 do not permit the undertaking of any of the following matters—

(a)

any works which involve alteration to or the extension of a listed building to such an extent as would be likely to affect its character as a building of special architectural or historic interest;

(b)

any works which are likely to affect the archaeological importance of a building or any archaeological remains within a building or its curtilage;

(c)

any works in respect of all or part of which scheduled monument consent is required under the Ancient Monuments and Archaeological Areas Act 1979f1;

(d)

any works which involve extension, demolition or partial demolition of a building, or the erection of a new building;

(e)

any matter which gives rise to a question of law or of doctrine, ritual or ceremonial or which would, if undertaken, affect the legal rights of any person;

(f)

the exhumation or other disturbance of human remains;

(g)

the reservation of a grave space;

(h)

the sale or other disposal of any article of architectural, archaeological, artistic or historic interest;

(i)

the sale of any book remaining in or belonging to F1a parochial library;

(j)

the introduction of an aumbry or any other receptacle used for the reservation of the sacrament of Holy Communion; or

(k)

F2subject to rule 3.4(1A), the introduction of, or the carrying out of any work to, a monument of the kind referred to in F3section 66 of the Measure.

(2)

The reference in paragraph (1)(e) to a matter affecting the legal rights of a person does not include a reference to the grant of a licence for the grazing of a churchyard by livestock.

(3)

Where it is proposed to undertake a matter which falls within paragraph (1) a faculty (or an interim faculty under Part 15) must be sought.

Annotations

Textual amendments

F1

Words in rule 3.5(1)(i) substituted (1.4.2020) by virtue of The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 5(b)

F2

Words in rule 3.5(1)(k) inserted (coming into force in accordance with rule 1(3) of the amending S.I.) by The Faculty Jurisdiction (Amendment) Rules 2023 (S.I. 2023/866), rules 1(3), 4(2)

F3

Words in rule 3.5(1)(k) substituted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 41 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

Commencement

I1

Rule 3.5 in force at 1.1.2016, see rule 28.1(2)

Footnotes

f1

1979 c. 46.