Rule 9.6 Mandatory consultation with the Church Buildings CouncilI1

England

(1)

This rule applies where proposals contained in a petition for a faculty or in an application for an injunction or a restoration order involve—

(a)

the F1... conservation, alteration or disposal of an article of special historic, architectural, archaeological or artistic interest;

F2(aa)

the introduction of an article of special historic, architectural, archaeological or artistic interest (including new work) in a grade I or II* listed building;

(b)

the alteration, extension or re-ordering of a church in a way that is likely significantly to affect the setting of an article of special historic, architectural, archaeological or artistic interest; or

(c)

the movement or removal of an article of special historic, architectural, archaeological or artistic interest such that the article might be adversely affected unless special precautions are taken.

(2)

The chancellor must seek the advice of the Church Buildings Council on the proposals that fall within paragraph (1) unless the chancellor is satisfied that there has already been adequate consultation with the Church Buildings Council and the Council’s advice is available to the court.

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Word in rule 9.6(1)(a) omitted (1.4.2020) by virtue of The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 11(c)(i) (with rule 23(3)(4))
F2: Rule 9.6(1)(aa) inserted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 11(c)(ii) (with rule 23(3)(4))
F3: Rule 9.6(3) omitted (1.4.2020) by virtue of The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 11(c)(iii) (with rule 23(3)(4))

Commencement

I1: Rule 9.6 in force at 1.1.2016, see rule 28.1(2)