{
  "url": "https://openlegislation.uk/faculty-jurisdiction-rules-2015/rule-3.5",
  "json_url": "https://openlegislation.uk/faculty-jurisdiction-rules-2015/rule-3.5.json",
  "legislation": "uksi/2015/1568",
  "legislation_title": "The Faculty Jurisdiction Rules 2015",
  "legislation_url": "https://openlegislation.uk/faculty-jurisdiction-rules-2015",
  "path": "rule/3.5",
  "kind": "rule",
  "number": "3.5",
  "heading": "Excluded matters – general",
  "text": "(1) Rules 3.2 to 3.4 do not permit the undertaking of any of the following matters—\n(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;\n(b) any works which are likely to affect the archaeological importance of a building or any archaeological remains within a building or its curtilage;\n(c) any works in respect of all or part of which scheduled monument consent is required under the Ancient Monuments and Archaeological Areas Act 1979;\n(d) any works which involve extension, demolition or partial demolition of a building, or the erection of a new building;\n(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;\n(f) the exhumation or other disturbance of human remains;\n(g) the reservation of a grave space;\n(h) the sale or other disposal of any article of architectural, archaeological, artistic or historic interest;\n(i) the sale of any book remaining in or belonging to a parochial library;\n(j) the introduction of an aumbry or any other receptacle used for the reservation of the sacrament of Holy Communion; or\n(k) subject to rule 3.4(1A), the introduction of, or the carrying out of any work to, a monument of the kind referred to in section 66 of the Measure.\n(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.\n(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.",
  "extent": "E",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 3.5 in force at 1.1.2016, see rule 28.1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1979 c. 46."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/1568/rule/3.5",
    "retrieved_at": "2026-10-28T23:33:22.575744+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}