The Faculty Jurisdiction Rules 2000

(Rule 7(1))

APPENDIX A

(A)  In addition to any authority conferred on the archdeacon by the chancellor’s guidance under section 11(8) of the Measure, the archdeacon has jurisdiction in faculty matters in respect of any of the matters set out below which affect any parish church, licensed building, consecrated chapel, curtilage of such building or churchyard (whether consecrated or not), which is within the jurisdiction of the consistory court.

(B)  In any case where a church has been in receipt of grand aid from English Heritage or other publicly funded grant making body, a faculty shall not be granted until the archdeacon is satisfied that the specification for the works to the fabric under items 1(i) and (ii) or works involving additions to the fabric under item 2(b) has been agreed with English Heritage or other publicly funded grant making body as is required by the terms of the relevant grant.

Work to the fabric

(i)1.  Minor structural alterations not involving demolition or partial demolition;

(ii)external or internal decoration or redecoration;

except where in the opinion of the advisory committee the work proposed is likely to affect the character of the church as a building of special architectural or historic interest;

(iii)repairs (using matching materials);

(iv)treatment of timber against beetle or fungal activity.

Work affecting fixtures

2.—(a) Repairs

(i)repairs and alterations to an existing heating system;

(ii)repairs to and redecoration of fixtures (with matching materials);

(iii)repairs to broken or cracked quarries in clear glazed windows;

(iv)repairs, rewiring and minor alterations to an existing electrical system;

(v)repairs to lightning conductors;

(vi)repairs to organs or harmoniums using matching materials;

(vii)repairs using matching materials to bells and bell frames and replacement of parts not requiring the removal of the bells from their frames;

(viii)repairs using matching materials to and redecoration of clock and clock faces;

(ix)treatment of fixtures against beetle or fungal activity;

(x)repair of flagpole fixed to the fabric of the building;

(xi)repair of wire mesh window guards with non-ferrous fittings.

(b)New Work

• The following items of new work (except where the advisory committee has certified that the work proposed is likely to affect:

  (a)

  the character of the church as a building of special architectural or historic interest, or

  (b)

  the archaeological importance of the church, or

  (c)

  archaeological remains existing within the church or its curtilage):

  (i)

  installation of a new heating system including laying of electrical cables, gas pipes or water mains through the churchyard;

  (ii)

  installation of a sound reinforcement system or loop system or alteration to an existing system;

  (iii)

  installation of a new electrical system or lighting or floodlighting including laying of electrical cables through the churchyard;

  (iv)

  installation of a wall offertory box;

  (v)

  installation of a wall safe in a vestry;

  (vi)

  installation of a lightning conductor;

  (vii)

  installation of security cameras and alarms or closed circuit television security systems;

  (viii)

  installation of wire mesh window guards with non-ferrous fittings.

Work affecting movables

(i)3.  introduction of any article which may lawfully be used in the performance of divine service or the rites of the Church (other than an aumbry);

(ii)repairs to movables (using matching materials) not including Royal Coats of Arms, unfixed hatchments, heraldic achievements, paintings, historic textiles, historic silver and base metal work;

(iii)installation of minor items of furniture or minor fixtures in the church;

(iv)provision of new or replacement carpets and curtains;

(v)introduction of altar frontals and falls;

(vi)a scheme for replacement of all or a substantial number of hassocks;

(vii)laying up of banners;

(viii)introduction of a Book of Remembrance and a stand for it; and

(ix)removal or disposal of any items (iii)–(vii) above.

Work affecting churchyards

(i)4.  re-surfacing of paths in the same material resulting in the same appearance;

(ii)repairs to walls, fences, gates and lych gates where matching materials are to be used;

(iii)introduction of a garden seat (including any memorial inscription);

(iv)provision or replacement or repainting in a new colour scheme of a noticeboard;

(v)introduction of a free standing flagpole.

(Rule 3)

APPENDIX BConsultation with English Heritage, any National Amenity Society and the Local Plannning Authority

Where the works for which a faculty is to be sought

1.—(a) involve alteration to or extension of a church which is listed under the Planning (Listed Buildings and Conservation Areas) Act 1990 to such an extent as is likely to affect its character as a building of special architectural or historic interest, or

(b)are likely to affect the archaeological importance of the church or archaeological remains existing within the church or its curtilage or,

(c)involve demolition affecting the exterior of an unlisted church in a conservation area

then, at the same time as advice is being sought from the advisory committee consultation should take place with English Heritage, any national amenity society likely to have an interest in the church or works, and the local planning authority so far as provided by and in accordance with the criteria set out in the following paragraphs.

Consultation with English Heritage

2.—2.1 The likely effect of the works for which a faculty is sought will determine whether or not English Heritage shall be consulted.

(i)Grade I or II*—Even small alterations to the structure of a church listed Grade I or II* can affect the character of the building. These include the introduction of different materials or features, the covering over or removal of parts of the structure, changing the composition of existing elements such as stained glass windows, sub-division or additions to the fabric as well as removal of elements or piercing through historic fabric. Consultation should take place in respect of any alteration or extension within paragraph 1(a);

(ii)Grade II—Consultation should take place for a Grade II church in respect of alteration within paragraph (1)(a) which comprises the demolition or removal of all or substantial part of the structure of the interior. For this purpose the structure of the interior includes principal internal elements such as a staircase, gallery, load-bearing wall, floor structure or roof structure and major internal fixtures such as fixed pews, a rood screen or an organ;

(iii)Archaeology—Consultation should take place in respect of works within paragraph 1(b) affecting any church or its curtilage.

The National Amenity Societies

3.  The age of the church and the nature and likely effect of the works for which a faculty is to be sought will determine which one or more of the national amenity societies should be consulted.

3.1 Any society likely to have an interest in the church or works should be consulted in respect of works within paragraph 1(a), (b) or (c).

3.2 Consultation in respect of alteration or extension within paragraph 1(a) should take place to a church of any grade (I, II* or II). Alteration for this purpose has the meaning given in paragraph 5.

The Local Planning Authority

4.  Although listed building consent is not required in addition to a faculty, except where there is an external object or structure listed separately from the church building, consultation should take place with the local planning authority in any case falling within paragraph 1(a) or (b) above. Consultation should also take place for works within paragraph 1(c).

4.1 Consultation in respect of an alteration within paragraph 1(a) should take place whatever the grade (I, II* or II). Alteration for this purpose has the meaning given in paragraph 5.

Meaning of Alteration for the purpose of consultation with the National Amenity Societies and the Local Planning Authority

5.  For the purpose of consultation under paragraphs 3.2 and 4.1 alteration of a church includes:

(a)the demolition of a significant part of the structure of the interior, which includes principal internal elements such as a staircase, gallery, floor structure or roof structure;

(b)the removal of major internal fixtures such as fixed pews, a rood screen or an organ;

(c)the addition of any significant new element such as the creation of new spaces through subdivision.

Documents to accompany consultation

6.  The documents which the intending applicants for a faculty should submit to each of the bodies being consulted under paragraphs 2, 3 or 4 above should be—

(a)designs, plans or other documents (including photographs) giving particulars of the works together with a summary list of the works;

(b)a Statement of Significance and a Statement of Needs.

6.1 The particulars given under paragraph 6(a) above should be sufficiently clear for a comparison to be made between the church in its existing state and in its future state if the works are permitted to be carried out so as to enable an assessment to be made of the likely impact of the works on the listed church.

Period for response to consultation

7.  At the same time as submitting the particulars referred to in paragraph 6 to any body consulted under paragraphs 2, 3 or 4 the intending applicants should write to that body stating that a response to consultation will be taken into account provided that it is received within 28 days from the date of the letter.

Diocesan Advisory Committee

8.  Intending applicants should inform the secretary of the advisory committee which of the bodies in paragraphs 2 to 4 above has been consulted and the date when the 28 day period referred to in paragraph 6 is due to expire. On receipt of a response within the 28 day period from any of the bodies consulted, the intending applicants should provide a copy of the response to the secretary of the advisory committee. The advisory committee is not obliged to await a response which is not received within the 28 day period before reaching a decision and issuing a certificate in Form No. 1 in Appendix C.

APPENDIX C

Rule 3

Form No 1DIOCESAN ADVISORY COMMITTEE CERTIFICATE

Rules 4(1) and (3) and (5)

Form No. 2PETITION FOR FACULTY

Rules 6(1) and (6)

Form No. 3PUBLIC NOTICE

Rule 16(3) and (4)

Form No 4PARTICULARS OF OBJECTION TO PETITION FOR FACULTY

Rules 7(4), 12(2), 16(6) and 27

Form No 5FACULTY

Rule 7(4)(b), 12(2) and 27

Form No 6CERTIFICATE OF COMPLETION OF WORKS AUTHORISED BY FACULTY

Rule 9

Form No. 7PERMISSION FOR TEMPORARY RE-ORDERING

Rule 11

Form No 8NOTICE BY REGISTRAR TO SECRETARY OF DIOCESAN ADVISORY COMMITTEE FOR REGISTER OF PETITIONS

Rule 15

Form No 9NOTICE BY REGISTRAR REQUESTING ADVICE FROM THE COUNCIL FOR THE CARE OF CHURCHES

Rules 22, 23 and 24

Form No 10APPLICATION TO GIVE EVIDENCE BY MEMBER OF COUNCIL FOR CARE OF CHURCHES OR PERSON AUTHORISED BY COUNCIL OR BY ENGLISH HERITAGE

Rule 22

Form No 11APPLICATION BY PERSON OTHER THAN MEMBER OF OR PERSON AUTHORISED BY COUNCIL FOR THE CARE OF CHURCHES TO GIVE EVIDENCE UNDER SECTION 17(4)(d)(ii)

Rule 28

Form No 12INSTRUMENT OF APPOINTMENT UNDER SECTION 16(3) OF PERSON TO ACT FOR ARCHDEACON

Rule 29(1)

Form No 13ORDER UNDER SECTION 21 REQUIRING IMMEDIATE REMOVAL OF AN ARTICLE TO A PLACE OF SAFETY

Rule 29(2)

Form No 14NOTICE UNDER SECTION 21 INVITING REPRESENTATIONS ABOUT REMOVAL OF AN ARTICLE TO A PLACE OF SAFETY

Rule 29(3)

Form No 15ORDER UNDER SECTION 21 FOLLOWING A NOTICE GIVEN IN FORM NO 14

Form No 16APPLICATION TO DIOCESAN ADVISORY COMMITTEE/PETITION FOR FACULTY FOR WORK CONCERNING A TREE OR TREES IN A CHURCHYARD OR A CONSECRATED BURIAL GROUND