Rule 5.2 How to start faculty proceedings – the petitionI1

England

(1)

Proceedings for obtaining a faculty are started by submitting a petition to the court.

(2)

A petition may be submitted by—

(a)

the archdeacon;

(b)

the minister and churchwardens of the parish concerned;

(c)

the relevant person or body (in the case of a building included in the list maintained by the Church Buildings Council under F1section 38(1) of the Measure); or

(d)

any other person appearing to the court to have a sufficient interest in the matter.

(3)

A petition is submitted to the court by sending it to the registry.

(4)

The fact that the petitioner has not complied with rule 4.1(1) (which makes provision for intending applicants to seek the advice of the Diocesan Advisory Committee) does not prevent proceedings for obtaining a faculty from being started.

(5)

Paragraph (4) is without prejudice to rule 7.2 (which makes provision for the chancellor to seek the advice of the Diocesan Advisory Committee).

Annotations

Textual amendments

F1: Words in rule 5.2(2)(c) substituted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 43(a) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

Commencement

I1: Rule 5.2 in force at 1.1.2016, see rule 28.1(2)