Rule 4.9 Notification of adviceF1

(1)

The Diocesan Advisory Committee must not give its final advice unless it is satisfied—

(a)

that the preceding provisions of this part, so far as applicable, have been complied with; and

(b)

it has all the information it needs in order to give its final advice, including any responses from bodies consulted under rule 4.5, 4.6 or 4.8 that have been received within the time allowed.

(2)

The Diocesan Advisory Committee must give its final advice in a notification of advice in Form 2.

(3)

The notification of advice must describe the works or proposals in the manner in which the DAC recommends that they should be described in the schedule of works or proposals in the petition (see rule 5.4(1)) and in the public notice (see rule 6.2(3)(a)).

(4)

The notification of advice must state whether the Diocesan Advisory Committee—

(a)

recommends the works or proposals for approval by the court;

(b)

does not recommend the works or proposals for approval by the court; or

(c)

does not object to the works or proposals being approved by the court.

(5)

If the notification of advice recommends the works or proposals for approval by the court it must include a statement that the advice does not constitute authority for carrying out the works or other proposals and that a faculty is required.

(6)

If the notification of advice does not recommend the works or proposals for approval by the court it must include—

(a)

the Committee’s principal reasons for giving that advice; and

(b)

a statement that despite the Committee’s advice, the intending applicants may, if they wish, petition the court for a faculty authorising the works or other proposals.

(7)

If the notification of advice does not object to the works or proposals being approved by the court—

(a)

the Committee must consider whether to include its principal reasons for giving that advice; and

(b)

the notification of advice must include a statement that the advice does not constitute authority for carrying out the works or other proposals and that a faculty is required.

(F27A)

In the case of works or proposals involving matters to which net zero guidance applies, the Committee’s advice must include a statement of—

(a)

whether, in its opinion, the explanation under rule 4.2(2)(b) is adequate, and

(b)

if its opinion is that the explanation is not adequate, its reasons for that opinion.

(F37B)

In the case of works or proposals involving the movement, removal or alteration of a statue, plaque, memorial, monument or other article because it is considered to conflict with the role of a church as a local centre of worship and mission, the Committee’s advice must include a statement of—

(a)

whether, in its opinion, the explanation under rule 4.2(2)(ba) is adequate, and

(b)

if its opinion is that the explanation is not adequate, its reasons for that opinion.

(8)

The notification of advice must state

(F4a)

which of the bodies mentioned in rule 4.5 or 4.6 (if any) have been consulted on the works or proposals.

(F5b)

if any other body or person has been consulted, the name of that body or person.

(9)

If the notification of advice recommends the works or proposals for approval by the court, or does not object to their being approved, in circumstances where a body consulted under rule 4.5 or 4.6 has raised objections to the works or proposals and has not withdrawn them, the notification of advice must include the Committee’s principal reasons for recommending the works or proposals for approval, or for not objecting to their being approved, despite those objections.

(10)

In the case of works or proposals in respect of which an injunction or restoration order is to be sought—

(a)

the Committee’s advice must be given in the form of a report or letter (instead of Form 2);

(b)

paragraphs (2) to (7) and (9) do not apply (but paragraph (8) does apply).

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 4.9(7A) inserted (1.7.2022) by The Faculty Jurisdiction (Amendment) Rules 2022 (S.I. 2022/155), rules 1(2), 2(4) (with rule 6(2))
F3: Rule 4.9(7B) inserted (1.1.2024) by The Faculty Jurisdiction (Amendment) Rules 2023 (S.I. 2023/866), rules 1(2), 2(2) (with rule 5(1))
F4: Words in rule 4.9(8) inserted (1.7.2022) by The Faculty Jurisdiction (Amendment) Rules 2022 (S.I. 2022/155), rules 1(2), 3(3)(a)
F5: Rule 4.9(8)(b) inserted (1.7.2022) by The Faculty Jurisdiction (Amendment) Rules 2022 (S.I. 2022/155), rules 1(2), 3(3)(b)