Rule 4.1 Process for consultation and obtaining advice - outlineF1

(1)

Before starting proceedings in the consistory court in respect of works or other proposals, intending applicants should—

(a)

consult the Diocesan Advisory Committee on the works or proposals,

(b)

where rule 4.5 or 4.6 applies, consult the relevant bodies under that rule on the works or proposals, and

(c)

once the provisions of this part, so far as applicable, have been complied with, obtain from the Diocesan Advisory Committee a notification of advice in Form 2.

(2)

Consultation under this Part is not required if—

(a)

proceedings relate exclusively to—

(in)

exhumation, or

(ii)

the reservation of a grave space;

(b)

proceedings are sufficiently urgent to justify the grant of a faculty, the issue of an injunction or the making of a restoration order without carrying out consultation under this Part; or

(F22A)

The requirements under this Part to consult certain specified bodies do not prevent an intending applicant from consulting any other body or person.

(3)

This part does not apply where works or other proposals relate only to matters which may be undertaken without a faculty in accordance with Part 3 and Schedule 1 (Lists A and B).

Annotations

Textual amendments

F1: Pt. 4 substituted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 6 (with rule 23(2))
F2: Rule 4.1(2A) inserted (1.7.2022) by The Faculty Jurisdiction (Amendment) Rules 2022 (S.I. 2022/155), rules 1(2), 3(1)