Faculty Jurisdiction Rules 1992

Explanatory Note

(The note is not part of the Rules)

These Rules are made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. Rules 3 to 5 concern the preliminary procedural matters relating to petitions for the grant of a faculty, in particular the obtaining of the advice of the diocesan advisory committee, the subsequent lodging of a petition in the diocesan registry and the procedure relating to the display of notices concerning the works proposed. Rules 6 to 10 deal with matters which fall within the jurisdiction of the archdeacon under section 14 of the 1991 Measure. They concern the procedure by which a petition for a faculty is determined by the archdeacon, the procedures when an archdeacon declines to exercise such jurisdiction and other circumstances when the registrar considers that a petition should be referred to the chancellor. These rules also set out the procedures when a temporary reordering of a church is proposed and for the register of petitions required by section 15(3) of the 1991 Measure.

Rules 11 to 25 deal with matters which fall within the jurisdiction of the chancellor. In particular they concern the procedure for particular bodies to be specially cited in relation to faculties in certain cases and deal with objections to faculties, the hearing of cases, the giving of evidence, the summoning of witnesses and the disposal of proceedings by written representations.

Rules 26 to 33 contain miscellaneous and general provisions.

Appendix A lists the specific faculty matters in respect of which the archdeacon has jurisdiction. Appendix B contains the forms and notices specified in the Rules.