Rule 3.5 Excluded matters – generalI1
England
Rules 3.2 to 3.4 do not permit the undertaking of any of the following matters—
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;
any works which are likely to affect the archaeological importance of a building or any archaeological remains within a building or its curtilage;
any works in respect of all or part of which scheduled monument consent is required under the Ancient Monuments and Archaeological Areas Act 1979f1;
any works which involve extension, demolition or partial demolition of a building, or the erection of a new building;
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;
the exhumation or other disturbance of human remains;
the reservation of a grave space;
the sale or other disposal of any article of architectural, archaeological, artistic or historic interest;
the sale of any book remaining in or belonging to F1a parochial library;
the introduction of an aumbry or any other receptacle used for the reservation of the sacrament of Holy Communion; or
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.
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