The Faculty Jurisdiction Rules 2015

Undertaking matters in List B without a faculty

3.3.—(1) An authorised person may undertake any matter prescribed in the first column of Table 2 in Schedule 1 (“List B”) without a faculty—

(a) if the archdeacon has been consulted on the proposal to undertake the matter and has given notice in writing that it may be undertaken without a faculty; and

(b) subject to—

(i) any conditions that are specified in relation to that matter in the corresponding place in the second column of Table 2; and

(ii) any additional conditions imposed by the archdeacon under paragraph (2)(b).

(2) Where the archdeacon is consulted under paragraph (1)(a) on the proposal to undertake a matter, the archdeacon—

(a) must seek the advice of the Diocesan Advisory Committee or such of its members or officers as the archdeacon thinks fit before deciding whether to give notice that it may be undertaken without a faculty; and

(b) may make the undertaking of the matter subject to additional conditions specified by the archdeacon in the notice.

(3) A notice given by the archdeacon under paragraph (1)(a) must specify the proposals which may be undertaken without a faculty.

(4) The archdeacon must retain a copy of every notice given under paragraph (1)(a) and must also send a copy to—

(a) the registrar of the diocese for filing in the diocesan registry; and

(b) the secretary of the Diocesan Advisory Committee.

(5) If the archdeacon declines to give notice under paragraph (1)(a) that a proposal may be undertaken without a faculty the archdeacon must inform the applicants that they may, if they wish, petition the court for a faculty to authorise the proposal.

(6) If the archdeacon is the incumbent or priest in charge of a benefice where it is proposed to undertake a matter that is prescribed in List B, references in this rule to the archdeacon are to be read as if they were references to the chancellor.