Part I Listed Buildings

Chapter VI Miscellaneous and Supplemental

Exceptions for church buildings and ancient monuments

C160 Exceptions for ecclesiastical buildings and redundant churches.

C2C41

The provisions mentioned in subsection (2) shall not apply to any ecclesiastical building which is for the time being used for ecclesiastical purposes.

C2C42

Those provisions are sections 3, F23A, 4, 7 to 9, 47, 54 and 59.

C2C43

For the purposes of subsection (1), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building F1unless it is a building which is a chapel forming part of an episcopal house of residence and is included in the list maintained by the Church Buildings Council under F4section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 or is otherwise subject to the faculty jurisdiction.

C2C44

For the purposes of sections 7 to 9 a building shall be taken to be used for the time being for ecclesiastical purposes if it would be so used but for the works in question.

5

The Secretary of State may by order provide for restricting or excluding the operation of subsections (1) to (3) in such cases as may be specified in the order.

6

An order under this section may—

a

make provision for buildings generally, for descriptions of building or for particular buildings;

b

make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;

c

make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 1(5)) as may be made in relation to a building and make different provision for different parts of the same building;

d

make different provision with respect to works of different descriptions or according to the extent of the works;

e

make such consequential adaptations or modifications of the operation of any other provision of this Act or the principal Act, or of any instrument made under either of those Acts, as appear to the Secretary of State to be appropriate.

7

Sections 7 to 9 shall not apply to the execution of works for the demolition, in pursuance of a pastoral or redundancy scheme (within the meaning of the M1Pastoral Measure 1983), of a redundant building (within the meaning of that Measure) or a part of such a building.

C3C561 Exceptions for ancient monuments etc.

1

The provisions mentioned in subsection (2) shall not apply to any building for the time being included in the schedule of monuments compiled and maintained under section 1 of the M2Ancient Monuments and Archaeological Areas Act 1979.

2

Those provisions are F3sections 2B, 3, 3A, 4, 7 to 9, 47, 54 and 59.