Summary of GS 2245 Faculty Jurisdiction (Amendment) Rules

January 25, 2022
Summary of GS 2245 Faculty Jurisdiction (Amendment) Rules

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The Faculty Jurisdiction (Amendment) Rules 2022 amend the Faculty Jurisdiction Rules 2015, in line with the Church's commitment to working towards net zero carbon emissions.

The Environment Working Group provided Synod with a background paper on the Church's progress towards net zero emissions in November 2020.

The Net-Zero Carbon Faculty Working Group consulted the DAC Secretaries and CBC members, and made recommendations for amendments to the Faculty Jurisdiction Rules.

The Faculty Jurisdiction (Amendment) Rules 2022, which amend the 2015 Rules, are shown in Annex 2.

Paragraph (2) of the 2015 Rules requires applicants who have proposals covered by net zero guidance to explain this.

When an applicant is consulting the DAC on proposed works, an applicant must explain how they have taken into account any net zero guidance.

The DAC's advice must state that the applicant's explanation is adequate and that the DAC's reasons for thinking so are stated in the advice.

The amendment to rule 5.5 of the 2015 Rules requires that the petitioner have due regard to the guidance for net zero works.

Paragraphs (1) and (3) amend rules 4.1 and 4.9, which provide a foundation for consultation with bodies other than those which must be consulted.

DAC secretaries have expressed concern that, if an amenity society makes an unsolicited response, the DAC must wait for the 42-day consultation period to expire before giving its final advice.

The schedule introduces technical introductory material, gives effect to recommendations made by the Net-Zero Carbon Faculty Working Group, and makes miscellaneous changes.

The paragraph 5(1) amends List A to allow non-fossil fuel replacement of boilers.

Replace a boiler with a different fossil fuel supply, using the same non-fossil fuel supply.

The replacement of a gas tank requires the excavation of a trench underneath land used by vehicles and people on foot, and a court order if there is a discovery of human remains.

Amendment 32 does not expressly prohibit the installation of a charging point in a scheduled monument.

The Office for Zero Emission Vehicles must be consulted to ensure the installation of charging points is done by a suitably accredited person.

Paragraph 9(1) and (4) refers to work in a churchyard, and para 9(5) inserts a special definition of "curtilage" to cover the curtilage of a church hall.

Electric pew heaters can be installed in pews made after 1850, but exclusions apply to pews made after 1850 that are of historical interest.

Paragraph 12 amends List B to include provisions for cable trenches (for broadband services, for example). The amendments impose similar conditions as apply to gas and oil tanks.

Paragraph (1) inserts a definition of the term "Historic Buildings & Places" and amends Forms 3A and 3B to refer to the name used by the Ancient Monuments Society.

Paragraph (2) amends Rule 3.1(7) of the 2015 Rules to refer to UKAS as the "UK national accreditation body" for the purposes of Regulation (EC) No 765/2008.

A minor amendment is made to Form 2 of the 2015 Rules in order to bring its wording in line with the current practice.

The proceedings are held in a building or place to which the proceedings relate, or in an appeal court.

Parts 21 to 27 apply to the Commissary Court of Canterbury, a listed building, a curtilage, monument, object or structure included in a list maintained by the Church Buildings Council under section 38(1) of the Measure, and a building that is part of an appeal court.

The archdeacon must consult the diocesan advisory committee, specify additional conditions, and retain a copy. The archdeacon may not give notice of a proposal to undertake a matter if the proposal is not prescribed in List B.

Before starting proceedings in the consistory court, intending applicants should consult the Diocesan Advisory Committee, the relevant bodies under rule 4.5 or 4.6 and obtain a notification of advice in Form 2.

Intending applicants should submit the following documents to the Diocesan Advisory Committee when consulting it on works or proposals: (1) the standard information, (2) any relevant designs, plans or photographs, (3) any advice or other material relating to the environmental implications of the works or proposals.

4.7 When a body is consulted, it must be told by letter or electronic communication that it is being consulted and to respond within 42 days of the letter or electronic communication.

If a letter or electronic communication was sent to a body under rule 4.5 or 4.6, it may not be taken into account unless it is received more than 42 days after the date of the letter.

The Diocesan Advisory Committee must give its final advice to the court in a notification of advice that will include its principal reasons for giving that advice, whether it recommends that the works or other proposals be approved by the court, or whether it does not object to them.

The notification of advice to the court should include the reasons the Committee gave for recommending approval or for not objecting to approval, despite an objection from a body consulted under rule 4.5 or 4.6.

To start a petition, you need the standard information from Form 1A, and the relevant person or body must submit the standard information from Form 1B. You need to get the advice of the diocesan advisory committee and any relevant correspondence from a body mentioned in rule 4.5(6).

A matter may not be undertaken if it involves alteration to or the extension of a listed building.

Advice may be sought on whether a particular item is historic material, and what minor work may be undertaken without a faculty.

If a proposal to reduce carbon emissions is included in list B, it must explain how the applicants have incorporated that guidance.

The works do not include repairs to historic fabric, window glass, or wire mesh window guards.

(6) Maintenance, repair and adaptation works (including rewiring) to an existing church building.

Work on a gas fitting, oil-fired heating system or electrical installation must be carried out by a person who is registered on the Gas Safe Register.

In the case of adaptation, the parochial church council's insurers are notified and any work to the boiler is carried out by a person registered on the Gas Safe Register.

The parochial church council's insurers are notified of a roof alarm installation and associated cabling, and any electrical work is carried out by a person whose work is subject to an accredited certification scheme.

The parochial church council is satisfied that the person who is to undertake the work has the necessary skill and experience; the work will not affect any article of historic or artistic interest; the work will not be undertaken to a listed building.

(17) The installation of bat boxes (18), the introduction of anti-roosting spikes (19), the installation of bird netting to tower windows (20), the installation of a defibrillator (21) are allowed.

The introduction of musical instruments, routine tuning, repair and maintenance of pianos and organs, and the replacement of electrical motors and humidification equipment for organs, must comply with these rules.

No tonal alterations to bells, clappers, crown staples or bell wheels, including re-soling or re-rimming, are performed.

The repair and replacement of a wrought iron clapper shaft, without lifting the bell from its bearings.

a) Fixing of clock dials; b) re-installation of hands and numerals; c) repairs to bell cranks and clock bell hammers; d) upgrading of electrical control devices and programmers.

The removal or disposal of church plate, hassocks, pew runners and cushions, and kneelers does not result in a major change to the overall appearance of the church.

No article of historic or artistic interest is removed or disposed of, no articles of historic or artistic interest are treated, no curtains are replaced, no free-standing chairs are introduced, and no internal noticeboards are introduced.

The Faculty considers the following works in a building: 1) repairs, replacement of fittings, 3) removing articles of historic or artistic interest, 4) installation of a defibrillator.

The upkeep of the churchyard, including resurfacing paths, installing unwired lighting to mark the edge of a path, replacing fencing, walls and gates, keeping disturbance below ground level to a minimum.

Any work to an oil-fired heating system must be carried out by a person whose work is subject to an accredited certification scheme.

(11) An upstand and an electrical outlet for recharging an electric vehicle may be installed in the churchyard.

The archdeacon may impose additional conditions in a written notice that the proposal can be undertaken without a faculty.

The parochial church council's insurers are notified if scaffolding is going to be erected or if a wall offertory box is going to be installed.

Work to a gas fitting or oil-fired heating system is only carried out by a registered member of the Gas Safe Register or approved by the Health and Safety Executive.

Details of the proposed work are submitted to the archdeacon, and the guidance of the Church Buildings Council is considered.

The installation of security and fire alarms, locks, sound reinforcement and loop systems, the introduction of a defibrillator in a church which is a listed building all require the archdeacon's approval.

The removal of asbestos from a church does not require any works of minor reinstatement and repair.

The lifting of bells, the installation of photovoltaic panels, the modification or removal of historic material must follow Church Buildings Council guidance.

The archdeacon must approve any restoration work on clocks, church contents, electronic organs, or pipe organs, or approve repairs and works of conservation to church plate, candlesticks, and crosses.

(5) Work to electrical equipment or installations is carried out by a person whose work is subject to an accreditation scheme.

No article of historic or artistic interest is replaced, the church is treated against beetle or fungal activity, a book of remembrance and stand is introduced, a fixed internal noticeboard is introduced, and the installation of an electrical heating appliance is not proposed.

No article of historic or artistic interest is removed or disposed of.

The installation of a defibrillator or roof insulation, or the installation of an electrical outlet for recharging an electric vehicle, is subject to the faculty's jurisdiction.

(2) Works on walls, unless the wall is listed as a building of special architectural or historic interest.

The installation of an upstand with an electrical outlet for recharging an electric vehicle is allowed in churchyards.

The work is carried out by a body registered with the government, or accredited by the relevant government department or body, and the archdeacon must approve the route proposed.

If the work is stopped because of the discovery of articulated human remains, the work may not be resumed until the court orders it to be.

The Church Buildings Council should be consulted with regards to the planting, felling, lopping and topping of trees in churchyards.