PART 3Matters not requiring a faculty

Supplementary3.7

1

The fact that a matter may be undertaken without a faculty under this Part does not remove that matter from the jurisdiction of the court.

2

The court may accordingly give any judgment, grant any faculty or make any order or decree (including making the grant of a faculty subject to a condition) in respect of that matter as it might give, grant or make in respect of any other matter which is within the jurisdiction of the court.

3

A matter may not be undertaken without a faculty under this Part if undertaking that matter would be in breach of—

a

any condition subject to which a faculty has been granted,

b

the terms of any injunction or restoration order, or

c

the terms of any undertaking given to the court.

4

Any question as to whether a particular matter is or is not a matter that may be undertaken without a faculty under this Part is to be determined by the court.

5

The determination may be made by the court on its own initiative or on the application of—

a

an authorised person,

b

in the case of a matter specified in an additional matters order, a person who may undertake the matter under the order, or

c

the archdeacon.

6

The court will determine the question without a hearing on consideration of such written representations (if any) as the court thinks fit unless the court orders that the question be determined at a hearing.