Faculty Jurisdiction (Care of Places of Worship) Rules 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/2048 |
| Year | 2000 |
2000 No. 2048
ECCLESIASTICAL LAW, ENGLAND
The Faculty Jurisdiction (Care of Places of Worship) Rules 2000
Made 10th July 2000
Laid before Parliament 31th July 2000
Coming into force in accordance with Rule 1
In pursuance of sections 14, and 26(1) and (2) of the Care of Churches and Ecclesiastical Jurisdiction Measure 19911, the Rule Committee constituted in accordance with section 25 of the said Measure makes the following Rules:—
PART I
PRELIMINARY
Citation and Commencement
1. These Rules may be cited as the Faculty Jurisdiction (Care of Places of Worship) Rules 2000 and shall come into force on the day appointed under Section 7(2) of the Care of Places of Worship Measure 19992for the coming into operation of Section 3 of that Measure.
Interpretation
2.—(1) In these Rules
“the 1991 Measure” means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;
“the Act” means the Planning (Listed Buildings and Conservation Areas) Act 19903;
“advisory committee” in relation to a diocese or archdeaconry means (subject to section 3(5)(b) of the Measure) the Diocesan Advisory Committee of the diocese or of the diocese in which the archdeaconry is situated, as the case may be;
“the archdeacon” means the archdeacon of each archdeaconry in the diocese;
“building” means any building (as defined in Section 6(1) of the Measure) included in the list, and includes:
(a) any curtilage, monument, object or structure included in the list under section 1(4) of the Measure, and
(b) any object or structure fixed to the building, as so defined;
“building listed under the Act” means a building which is or is part of a listed building as defined by the Act;
“the chancellor” and “the registrar” in relation to any proceedings mean (subject to section 3(5) of the Measure) the chancellor and the registrar respectively of the diocese in which the building is situated (or is deemed to be situated under section 6(3) of the Measure) and include any person appointed to act as the deputy of the chancellor or registrar, as the case may be;
“confirmatory faculty” means a faculty which validates any act requiring a faculty which has been done without prior authorisation by faculty;
“the Council” refers the Council for the Care of Churches;
“diocese” means the diocese in which the building concerned is situated (or is deemed to be situated under Section 6(3) of the Measure);
“English Heritage” means the Historic Buildings and Monuments Commission for England;
“exhumation” means the removal from the ground, catacomb, mausoleum, or columbarium of a body or cremated human remains;
“faculty”, “petition for a faculty”, or “proceedings for a faculty” mean a faculty, petition or proceedings in relation to a building;
“interim faculty” means any licence or order made by the chancellor in respect of any works or proposals pending the final determination by him of a petition for faculty for such works or proposals;
“list” means the list maintained by the Council for the Care of Churches under Section 1(1) of the Measure;
“the Measure” means the Care of Places of Worship Measure 1999;
“national amenity society” means any of the following, the Ancient Monuments Society, the Council for British Archaeology, the Georgian Group, the Society for the Protection of Ancient Buildings, the Victorian Society, the Twentieth Century Society and such other body as may from time to time be designated by the Dean of the Arches and Auditor as a national amenity society for the purpose of the 1991 Measure;
“Statement of Needs” means a document which sets out the reasons why it is considered that the needs of the users of the building cannot be met without making changes to the building;
“Statement of Significance” means a document which summarises the historical development of the building and identifies the important features that make major contributions to the character of the building.
(2) The Interpretation Act 19784shall apply for the interpretation of these Rules as it applies for the interpretation of Measures passed by the General Synod.
PART II
PETITION AND PUBLIC NOTICE
Petitioner
3. The persons who may institute proceedings for a faculty in relation to a building shall include:
(a) any person or body who may make an application for inclusion of the building in the list under the Measure;
(b) any other person appearing to the chancellor to have a sufficient interest in the matter.
Seeking Advisory Committee Advice
4.—(1) Before submitting a petition for a faculty in the consistory court an intending applicant should seek the advice of the advisory committee in respect of the works or other proposals for which a faculty is required (except where the action proposed relates exclusively to exhumation or the reservation of a grave space).
(2) An intending applicant should submit to the advisory committee designs, plans, photographs and other documents giving particulars of the works or other proposals together with a summary list of the works or proposals.
(3) Where significant changes to a building listed under the Act are proposed the intending applicant should
(a)
(a) provide the advisory committee (in addition to the particulars required by paragraph (2) of this rule) with a Statement of Significance and a Statement of Needs, and
(b)
(b) if the works fall within paragraph 1 of Appendix B consult English Heritage, such of the national amenity societies as appears likely to have an interest in the building or the works, and the local planning authority in accordance with Appendix B.
(4) If the advisory committee decides to recommend the works or proposals or to raise no objection to them its decision together with any provisos shall be set out in a certificate in Form No 1 in Appendix C and shall be sent to the intending applicant together with the designs, plans, photographs and other documents which were submitted to the advisory committee under paragraph (2) of this rule and are the subject of the certificate.
(5) If the advisory committee decides not to recommend the works or proposals it shall inform the intending applicant by way of a certificate in Form No 1 in Appendix C and shall advise them that they are entitled to petition for a faculty from the chancellor, if they so wish, notwithstanding the committee’s decision.
(6) When the advisory committee issues a certificate under paragraph (4) or (5) the certificate may include a recommendation to the intending applicant that they should consult English Heritage, or the local planning authority, or one or more of the national amenity societies, or the Council for the Care of Churches or any other body or person about some or all of the works or other proposals for which a certificate is sought if they have not already done so, and the advisory committee shall consider including such a recommendation in any case where it appears to the committee that the works
(a)
(a) involve alteration to or extension of a building listed under the Act to such an extent as is likely to affect its character as a building of special architectural or historic interest, or
(b)
(b) are likely to affect the archaeological importance of the building or archaeological remains existing within the building, or
(c)
(c) in the case of a building in a conservation area (but not listed under the Act), will involve demolition affecting the exterior of the building.
Submission of Petition
5.—(1) As soon as they have received the advice of the advisory committee under paragraph (4) or (5) of rule 4 the applicant may submit to the diocesan registry a petition for a faculty in Form No 2 in Appendix C in respect of the works or other proposals and
(a)
(a) the works or other proposals shall be fully and accurately stated in the petition and shall be the same as those in respect of which the advisory committee has supplied a certificate in Form No 1 in Appendix C under paragraphs (4) or (5) of rule 4, and
(b)
(b) any designs, plans, photographs and other documents giving particulars of the works or proposals for which the faculty is required, together with the certificate of the advisory committee relating to those documents, shall be submitted with the petition.
(2) Notwithstanding that any of the requirements of rule 4 have not been complied with a petition may at any time be submitted to the diocesan registry and every petition shall (subject to rule 36) be in Form No 2 in Appendix C.
Petition for Partial Demolition or Demolition
6. A petition for a faculty for the partial demolition or demolition of a building shall include all such statements and information, so far as relevant, as are required by Form No 2 in Appendix C.
Public Notice of Petition for a Faculty
7.—(1) As soon as a petitioner is ready to submit a petition for a faculty the petitioner shall fill in the public notice in Form No 3 in Appendix C and shall describe the works or proposals in the public notice in the same manner as they are described in the schedule to this petition.
(2) Notwithstanding paragraph (1) above any petitioner may, if he so wishes, consult the registrar for advice prior to completing any petition or public notice, and he should do so in respect of the public notice where the petition relates to a matter which is not within Appendix A.
(3) As soon as a petitioner has filled in the public notice he shall immediately
(a)
(a) send or deliver to the registry the petition and the documents required by rule 5(1)(b);
(b)
(b) send the public notice to the registrar, and the registrar may give such directions to the petitioner regarding display of the public notice as are appropriate in the circumstances of the case and the public notice shall be displayed in accordance with...
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