Rule 5.5 Documents etc. to accompany petitionI1

England

(1)

Where proceedings are started pursuant to a resolution of the parochial church council the standard information in Form 1A must be submitted with the petition.

(2)

Where the proceedings are started by 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) the standard information in Form 1B must be submitted with the petition.

(3)

The following must also be submitted with every petition—

(a)

the Diocesan Advisory Committee’s notification of advice (except in a case to which rule 4.1(2) or 5.2(4) applies);

F2(aa)

where rule 4.4(1) applies, the statement of significance and the statement of needs that were provided to the Diocesan Advisory Committee;

(b)

any relevant designs;

(c)

any relevant plans;

(d)

any relevant photographs;

(e)

any advice or other material relating to the environmental implications of the works or other proposals F3including, in the case of matters to which net zero guidance applies, an explanation of how the petitioner, in formulating the proposals, has had due regard to that guidance;

(f)

any other documents giving particulars of the works or other proposals; and

(g)

copies of any relevant correspondence received from a body F4consulted under rule 4.5 or 4.6.

F5(3A)

Where a petition seeks a faculty for 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, an explanation of how the petitioner, in formulating the proposals, has had due regard to guidance issued for the purposes of rule 4.2(2)(ba) by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007 must be submitted with the petition.

(4)

Where a petition seeks a faculty to authorise the demolition or partial demolition of a church under F6section 62(2) or (3) of the Measure^f1, the written consent of the bishop of the diocese to the proceedings being brought must also be submitted with the petition.

Annotations

Textual amendments

F1: Words in rule 5.5(2) substituted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 43(c) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2
F2: Rule 5.5(3)(aa) inserted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 7(c) (with rule 23(3)(4))
F3: Words in rule 5.5(3)(e) inserted (1.7.2022) by The Faculty Jurisdiction (Amendment) Rules 2022 (S.I. 2022/155), rules 1(2), 2(5) (with rule 6(3))
F4: Words in rule 5.5(3)(g) substituted (1.1.2024) by The Faculty Jurisdiction (Amendment) Rules 2023 (S.I. 2023/866), rules 1(2), 4(3)
F5: Rule 5.5(3A) inserted (1.1.2024) by The Faculty Jurisdiction (Amendment) Rules 2023 (S.I. 2023/866), rules 1(2), 2(3) (with rule 5(2))
F6: Words in rule 5.5(4) substituted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 44 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

Commencement

I1: Rule 5.5 in force at 1.1.2016, see rule 28.1(2)

Footnotes

f1: Section 17 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1) was substituted by section 13(2) of the Church of England (Miscellaneous Provisions) Measure 2014 (2014 No. 1).