Faculty Jurisdiction Measure 1964 (repealed)

12 Archdeacons to issue certificates in certain cases. U.K.

(1) Every application received by the registrar of a diocese from the incumbent and churchwardens of a parish, supported by a resolution of the parochial church council, for authority to carry out:—

(a) repairs to a church not involving substantial change in the structure of the building nor affecting its appearance either externally or internally; or

(b) repairs to the contents of a church not materially affecting their nature or appearance; or

(c) redecoration of a church or its contents; or

(d) any alteration in an existing heating system not involving a substantial change in the appearance of the church either externally or internally;

shall, subject to the provisions of this section, be referred by the registrar to the archdeacon of the archdeaconry in which the church is situate.

(2) The registrar shall not refer any such application to the archdeacon unless:—

(i) he is satisfied that it is an application within the preceding subsection; and

(ii) the application is supported by a certificate from the incumbent and churchwardens that notice of intention to make such an application has been given in the prescribed manner in the parish and that opportunity to object to the proposed works has been duly given to all having interest:

Provided that if the registrar is not satisfied that an application is within the preceding subsection he shall so inform the archdeacon and shall refer the application to the judge in the prescribed manner for directions thereon.

(3) If notice of objection to the proposed works is given to the registrar in the prescribed manner he shall not refer the application to the archdeacon but shall require the incumbent and churchwardens to apply to the court for a faculty in respect of the proposed works.

(4) The archdeacon shall consider any application referred to him under this section and shall:—

(a) with the approval of the advisory committee, issue a certificate authorising the execution of the work proposed; or

(b) direct that application should be made to the court for a faculty with regard thereto.

(5) A certificate issued by an archdeacon in pursuance of this section shall be a sufficient authority for the execution of the proposed work without a faculty.

(6) A copy of any certificate issued by an archdeacon under this section shall be transmitted by him to the registrar of the diocese and filed in the diocesan registry.

(7) The procedure laid down by this section may be followed at the discretion of the judge with regard to any other application which in his opinion is unlikely to give rise to any controversy or dissatisfaction in the parish concerned and is not of sufficient importance to justify the expense of proceedings for a faculty.