Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015

JurisdictionEngland & Wales
Citationmeasure 2015 No. 1


Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015

A Measure passed by the General Synod of the Church of England to amend the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and the Ecclesiastical Jurisdiction Measure 1963.

[12th February 2015]

S-1 Guidance as to the planting etc. of trees in churchyards

1 Guidance as to the planting etc. of trees in churchyards

In section 6(3) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 ("the 1991 Measure")-

(a) for "The chancellor of a diocese shall, after consultation with the advisory committee," substitute "The Church Buildings Council shall", and

(b) omit "in the diocese".

S-2 Powers of archdeacons

2 Powers of archdeacons

(1) In section 14 of the 1991 Measure (the title to which becomes "Powers of archdeacons"), in subsection (1), for the words from the beginning to "in the diocese" s ubstitute "The archdeacon of every archdeaconry in a diocese shall exercise".

(2) In subsection (2) of that section, for "upon whom such jurisdiction is conferred" substitute "who exercises jurisdiction under subsection (1) above".

(3) At the end of that section insert-

"(7) Every archdeacon shall have power to grant a licence authorising, without a faculty, the minor re-ordering of a church in his archdeaconry for a temporary period to such extent and in such manner as may be prescribed.

(8) The archdeacon may amend or revoke a licence granted under subsection (7) above."

S-3 Consultation with diocesan advisory committee

3 Consultation with diocesan advisory committee

(1) In section 15 of the 1991 Measure (consultation with diocesan advisory committee), in subsection (1), after "injunction", in the second place it occurs, insert "or making of a restoration order".

(2) At the end of that section insert-

"(4) Rules made under section 26 below may prescribe further circumstances in which, or further matters in respect of which, the duty imposed on a chancellor by subsection (1) above shall not apply."

S-4 Disused burial grounds

4 Disused burial grounds

After section 18 of the 1991 Measure insert-

"18A Erection of buildings on disused burial grounds

(1) Notwithstanding section 3 of the Disused Burial Grounds Act 1884, a court may grant a faculty permitting the erection of a building on a disused burial ground otherwise than for a purpose permitted by that section, provided that one of the conditions set out in subsection (2) below is satisfied.

(2)The conditions referred to in subsection (1) above are-

(a) that no interments have taken place in the land on which the building is to stand during the period of 50 years immediately prior to the date of the petition for the faculty;

(b) that no personal representative or relative of any person whose remains have been interred in the land during that period has objected to the grant of the faculty or that any such objection has been withdrawn.

(3) The power conferred by subsection (1) above is without prejudice to any other power which the court has to authorise the erection of buildings on burial grounds."

S-5 Powers to prescribe matters not requiring a faculty

5 Powers to prescribe matters not requiring a faculty

(1) After section 18A of the 1991 Measure (as inserted by section 4) insert-

"18B Power of Rule Committee to prescribe matters not requiring a faculty

(1) Rules made under section 26(1) below may prescribe matters within the jurisdiction of a consistory court which may be undertaken without a faculty; but this is subject to subsection (7) below.

(2) The rules may prescribe conditions which may be imposed on the undertaking of such matters; and different conditions may be prescribed in relation to different matters.

(3) The conditions may in particular include-

(a) a condition that the archdeacon is consulted on the proposal to undertake the matter and that it may be undertaken without a faculty only if the archdeacon gives notice in writing that it may be undertaken without a faculty, and

(b) a condition that, if the archdeacon gives notice as mentioned in paragraph (a) above, the archdeacon may make the undertaking of the matter subject to such additional conditions as he may specify in the notice.

(4) Where the archdeacon is consulted as mentioned in subsection (3)(a) above, the rules may require him to seek the advice of the advisory committee or such of its members or officers as he thinks fit before deciding whether to give notice as mentioned in subsection (3)(a) above.

(5) Where the archdeacon decides not to give notice as mentioned in subsection (3)(a) above-

(a) the decision must be recorded in writing, and

(b) the matter in question may not be undertaken without a faculty.

(6) Where the archdeacon is the incumbent or priest in charge of the benefice where it is proposed to undertake the matter, references to the archdeacon in subsections (3) to (5) above are to be construed as references to the chancellor.

(7) Subsection (1) above does not apply to any of the following matters-

(a) any works which involve alteration to or the extension of a listed building to such an extent as would be likely to affect its character as a building of special architectural or historic interest;

(b) any works which are likely to affect the archaeological importance of a building or any archaeological remains within a building or its curtilage;

(c) any works in respect of all or part of which scheduled monument consent is required...

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