2 Faculties for demolition of churches.U.K.
(1)The court shall not grant a faculty for the demolition or partial demolition of a church except on the grounds specified in this section and shall not grant a faculty under subsection (2) of this section nor under paragraph (i) of subsection (3) of this section unless:—
(i)the person bringing proceedings for the faculty has, within the prescribed time, caused to be published in the “London Gazette” and in such other newspapers as the court may direct a notice stating the substance of the petition for the faculty; and
(ii)an officer of the court has given notice in writing to the Council and the advisory committee of the diocese in which the church is situated of the petition; and
(iii)the judge of the court has thereafter considered such advice as the advisory committee has tendered to the court; and
(iv)the judge has heard evidence in open court, after application for the purpose has been made to the court in the prescribed manner, from:—
(a)a member of the Council or some person duly authorised by the Council; and
(b)any other person, unless in the opinion of the judge his application or the evidence which he gives is frivolous or vexatious.
(2)The court may grant a faculty for the demolition of the whole or part of a church if the court is satisfied that another church will be erected on the site or curtilage of the church in question or part thereof to take the place of that church.
(3)A court may grant a faculty for the demolition of part of a church if it is satisfied that:—
(i)the part of the church left standing will be used for the public worship of the Church of England for a substantial period after such demolition; or
(ii)such demolition is necessary for the purpose of the repair, alteration or reconstruction of the part to be demolished or of the whole of the church.
Provided that a court shall not grant a faculty under paragraph (ii) of this sub-section unless an officer of the court has given notice in writing to the Council of the petition and the judge has considered any advice which the Council may tender to the court.
(4)A court may grant a faculty for the demolition or partial demolition of any church if, in respect of that church the following order has been made by a court of competent jurisdiction or any of the following notices has been served by the appropriate local authority:—
(i)an order under [F1section 77 of the Building Act 1984] requiring execution of such work as may be necessary to obviate danger from the condition of that church;
(ii)a notice requiring the taking down, repair or securing of that church given under sub-section (2) of section sixty-two of the M1London Building Acts (Amendment) Act 1939 or under the provisions of any other local Act empowering the council of a county, city, borough or district to give such a notice on the grounds that a building or structure is dangerous;
(iii)a notice that the local authority propose to take immediate action to deal with the church as a dangerous building under [F2section 78 of the Building Act 1984];
(iv)a notice requiring the execution of works of repair or restoration to the church under [F3section 79 of the Building Act 1984].
(5)Nothing in this section shall be construed as prejudicing or affecting the provisions of [F4the Ancient Monuments and Archaeological Areas Act 1979] or the [F5M2Town and Country Planning Act 1971]
Textual Amendments
F1Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 12(a)
F2Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 12(b)
F3Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 12(c)
F4Words substituted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 64(2), Sch. 4 para. 8
F5Words substituted by virtue of Interpretation Measure 1925 (No. 1), s. 1
Marginal Citations