Faculty Jurisdiction Rules 1992

Requirements as to Notice of Petition

12.—(1) If the chancellor directs or the law otherwise requires any person to be specially cited the registrar shall serve on him a copy of the citation.

(2) The chancellor if he thinks fit may order that notice of the citation be published in such newspapers or other publications as he directs and in such form as he directs.

(3) Without prejudice to the generality of rule 12(1), where it appears to the chancellor that the works for which a faculty is sought

(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) 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, if it appears to him that any of the following bodies has not previously been notified of the works, the chancellor shall direct that English Heritage, the local planning authority and any national amenity society as he deems fit shall be specially cited.

(4) (a) In any case falling within paragraph (3) of this rule the chancellor shall direct that the general citation required by rule 5 shall be displayed in a prominent position outside the church visible to the general public for a period of 28 days;

(b) in any case falling within paragraph (3)(a) or (3)(c) of this rule the chancellor shall direct that a notice stating the substance of the petition shall be published in a newspaper circulating in the locality within such period as the chancellor shall direct or, if no period is directed, within fourteen days of the giving of the direction.

(5) If the chancellor considers that the works or purposes proposed to be carried out in a churchyard will or may affect a grave or memorial maintained by the Commonwealth War Graves Commission he shall direct that the Commonwealth War Graves Commission be specially cited and the registrar shall pursuant to such direction serve on the said Commission a copy of the citation.

(6) Where a body has been specially cited pursuant to paragraph (3) or (5) of this rule that body shall have a period of 28 days from the date of service of special citation within which to send to the registry and the petitioners a written notice of objection containing the information required by Form No 3 in Appendix B or to send comments to the registrar in respect of the proposed works.

(7) Where the petition is for a faculty for the partial demolition or demolition of a church

(a) the registrar shall give notice in writing to the bodies specified in section 17(4)(b) and, if relevant, to the bodies specified in section 17(5)(a) of the Measure and the bodies concerned shall have a period of 28 days from the date of the notice within which to give advice or to send to the registry and the petitioners a written notice of objection containing the information required by Form No 3 in Appendix B in respect of the proposed partial demolition or demoliton.

(b) the notice stating the substance of the petition (which is required by section 17(4)(a)(ii) of the Measure to be published by the petitioners in the London Gazette and in such other newspaper as the chancellor may direct) shall be published:

(i) in the case of the London Gazette not more than four weeks after the petition was lodged at the registry,

(ii) in the case of such other newspapers (including a newspaper circulating in the locality) within such period as the chancellor shall direct or, if no period is directed, within fourteen days of the giving of the direction.

(8) Where a petition relates exclusively to exhumation or reservation of a grave space or in any case where the chancellor gives directions in relation to general citation or amended citation then subject to paragraph (9) below the registrar shall complete the citation and give such directions for display of citation under rule 5(5)(b) to (d) as he thinks fit or as the chancellor has directed.

(9) In the case of a petition for a faculty for exhumation, the chancellor shall have the following powers that is to say:

(a) if he is satisfied that any near relatives of the deceased person still living and any other persons who in the opinion of the chancellor it is reasonable to regard as being concerned with the matter are the petitioners or that they consent to the proposed faculty being granted, he may dispense with the issue of a citation and decree the issue of the faculty forthwith;

(b) in any other case he may dispense with general citation and may direct that any of the persons referred to in sub-paragraph (a) above who are not the petitioners shall be specially cited.