Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Faculty Jurisdiction (Amendment) Rules 2022.

(2) These Rules come into force on 1stJuly 2022.

(3) In these Rules, a reference to a numbered rule or Schedule is a reference to the rule or Schedule so numbered in the Faculty Jurisdiction Rules 2015( 2).

Requirement to have due regard to net zero guidance

2.—(1) In rule 2.2 (interpretation), in paragraph (1), at the appropriate place insert—

““ net zero guidance ” means guidance issued by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007( 3) on reducing carbon emissions; ”

(2) In rule 3.3 (undertaking List B matters without a faculty), after paragraph (1) insert—

“(1A)  If the proposal involves a matter to which net zero guidance applies, the proposal must include an explanation of how the applicants, in formulating the proposal, have had due regard to that guidance. ”

(3) In rule 4.2 (documents etc. to be submitted to Diocesan Advisory Committee), in paragraph (2), in sub-paragraph (b), after “the works or proposals” insert “including, in the case of matters to which net zero guidance applies, an explanation of how the intending applicants, in formulating the proposals, have had due regard to that guidance”.

(4) In rule 4.9 (notification of Diocesan Advisory Committee’s final advice), after paragraph (7) insert—

“(7A)  In the case of works or proposals involving matters to which net zero guidance applies, the Committee’s advice must include a statement of—

(a) whether, in its opinion, the explanation under rule 4.2(2)(b) is adequate, and

(b) if its opinion is that the explanation is not adequate, its reasons for that opinion. ”

(5) In rule 5.5 (documents to accompany faculty petition), in paragraph (3), in sub-paragraph (e), after “works or other proposals” insert “including, in the case of matters to which net zero guidance applies, an explanation of how the petitioner, in formulating the proposals, has had due regard to that guidance”.

(6) In Schedule 1 (matters which may be undertaken without a faculty), after the text entitled “General notes” insert—

“Notes on net zero guidance

Those proposing to undertake a matter without a faculty should make themselves aware of net zero guidance (that is, guidance issued by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007 on reducing carbon emissions).

Where a matter to which net zero guidance applies is included in List B, the proposal sent to the archdeacon must include an explanation of how the applicants, in formulating the proposal, have had due regard to that guidance. ”

(7) In Schedule 3, in Form 2 (notification of Diocesan Advisory Committee’s final advice), before “In the opinion of the Committee the work or part of the work proposed is / is not likely to affect” insert—

“[The works or proposals involve matters to which net zero guidance applies (that is, guidance issued by the Church Buildings Council under section 55 of the Dioceses, Pastoral and Mission Measure 2007 on reducing carbon emissions). In the opinion of the Committee, your explanation of how, in formulating the works or proposals, you have had due regard to net zero guidance is / is not adequate

[and the Committee’s reasons for the opinion that your explanation is not adequate are:]] ”.

Consultation before starting faculty proceedings

3.—(1) In rule 4.1 (process for consultation), after paragraph (2) insert—

“(2A)  The requirements under this Part to consult certain specified bodies do not prevent an intending applicant from consulting any other body or person. ”

(2) In rule 4.7 (consultation: procedure), paragraph (4) is to be renumbered as paragraph (3), and after paragraph (3) insert—

“(4)  Where a body which was not informed of consultation in accordance with paragraph (1) nevertheless responds to the consultation in question, the response need not be (but may be) taken into account, regardless of when it is received.

(5)  Where consultation under rule 4.5 or 4.6 is sent by means of an online system, any response to that consultation must itself, so far as is practicable, be sent by means of that online system. ”

(3) In rule 4.9 (notification of advice), in paragraph (8)—

(a) after “must state” insert—

(a)” , and

(b) after sub-paragraph (a) insert—

“(b) if any other body or person has been consulted, the name of that body or person. ”

Changes to Lists A and B

4.  The Schedule (which makes changes to Lists A and B) has effect.

Minor amendments

5.—(1) In rule 2.2 (interpretation), at the appropriate place insert each of the following—

““ conservation area ” means a conservation area designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990; ”;

““Historic Buildings & Places” means the Ancient Monuments Society (the working name of which is “Historic Buildings & Places”); ”.

(2) In rule 3.1(7) (matters not requiring a faculty: interpretation), before “national accreditation body” insert “UK”.

(3) In rule 9.3 (special notice to Historic England etc.), in paragraph (1), for “Schedule 2” substitute “rule 4.5”.

(4) In rule 12.2 (evidence given orally), in paragraph (1), omit “subject to rule 12.3,”.

(5) In Schedule 1 (matters which may be undertaken without a faculty), in each of the following places, for “Advertisement” substitute “Advertisements (England)”—

(a) in Table 1, in List A, in matter A7, in paragraph (6), in the second column, and

(b) in Table 2, in List B, in matter B6, in paragraph (4), in the second column.

(6) In Schedule 3 (forms), in Form 2 (notification of Diocesan Advisory Committee’s final advice), after “At a meeting of the Diocesan Advisory Committee held on” insert “[orIn the exercise of the delegated authority of the Diocesan Advisory Committee on]”.

(7) In that Schedule, in each of the following places, for “The Ancient Monument Society” substitute “Historic Buildings & Places”—

(a) in Form 3A (petition), in section F (consultation on works to listed church), and

(b) in Form 3B (petition), in section E (consultation on works to listed building).

Transitional provisions

6.—(1) The amendment made to rule 3.3 (undertaking List B matters without a faculty) by rule 2(2) of these Rules does not apply in a case where the archdeacon has sought advice under rule 3.2(2) before 1st July 2022.

(2) The amendments made to rules 4.2 and 4.9 (consultation with Diocesan Advisory Committee etc.) by rule 2(3) and (4) of these Rules do not apply to works or proposals in respect of which intending applicants have sought the advice of the Diocesan Advisory Committee under Part 4 of the Faculty Jurisdiction Rules 2015 before 1st July 2022.

(3) The amendment made to rule 5.5 (documents to accompany faculty petition) by rule 2(5) of these Rules does not apply to proceedings in a consistory court begun before 1st July 2022.

Rule 4

SCHEDULE CHANGES TO LISTS A AND B

PART 1 PRELIMINARY

Preliminary

1.—(1) Schedule 1 (matters which may be undertaken without a faculty) is amended as set out in this Schedule.

(2) In this Schedule—

“ List A” means List A in Table 1 in Schedule 1 (matters which may be undertaken without consultation), and

“ List B” means List B in Table 2 in Schedule 1 (matters which may be undertaken subject to consultation etc.).

PART 2 ENVIRONMENTAL MATTERS

Draught proofing

2.  In matter A1 in List A (church building etc.), after paragraph (4) insert—

Insulating heating pipes

3.  In matter A1 in List A (church building etc.), in paragraph (6) (maintenance and repair works) in sub-paragraph (a), in the first column, after “the replacement of control equipment” insert “and the insulation of pipes in the boiler room and ancillary service areas”.

Low-energy lighting

4.—(1) In matter A1 in List A (church building etc.), in paragraph (6) (maintenance and repair works), for sub-paragraph (c) substitute—

(2) In matter B1 in List B (church building), in paragraph (8) (extension of existing lighting system)—

(a) the existing text in the first column becomes sub-paragraph (a), and

(b) in the first column, after sub-paragraph (a) insert—

Boilers (but not heat pumps)

5.—(1) In matter A1 in List A (church building etc), in paragraph (7) (boiler replacement using same fuel supply)—

(a) the existing text in the first column becomes sub-paragraph (a),

(b) in sub-paragraph (a), before “fuel supply and” insert “non-fossil”,

(c) in sub-paragraph (a), for “and existing pipe runs” substitute “, whether with existing or similar pipe runs”,

(d) in the text in parentheses in the first column, omit “or pipe runs”,

(e) after sub-paragraph (a) insert—

(f) in the second column, omit the first and second entries.

(2) In matter B1 in List B (church building etc), in paragraph (5), for the text in the first column (including the text in parentheses) substitute—

(3) In matter B1 in List B, in paragraph (5), in the second column, after the first entry insert—

Roof insulation

6.—(1) In matter A1 in List A (church building etc), in paragraph (8) (roof replacement), in the second column, after the first entry insert—

(2) In matter A6 in List A (church halls and similar buildings), in paragraph (3) (roof covering replacement), in the second column insert—

(3) In matter B1 in List B (church building etc), in paragraph (6) (like for like replacement of material covering roof of listed building), in the second column, after the first entry insert—

(4) In matter B1 in List B, after paragraph (6) insert—

(5) In matter B5 in List B (church halls and similar buildings), after paragraph (1) insert—

Soft furnishings etc.

7.—(1) In matter A5 in List A (church contents), in paragraph (3) (kneelers, hassocks etc.), in the second column, in the first entry, before “change to the overall appearance” insert “major”.

(2) In matter A5 in List A, in paragraph (6) (carpet replacement), in the first column, after “carpet” insert “or the introduction or replacement of movable floor coverings between individual pews”.

(3) In matter B4 in List B (church contents), in paragraph (5) (carpet replacement), in the first column—

(a) after “underlay” insert “other than movable floor coverings between individual pews”,

(b) before “List A” insert “matter A5(6) in”, and

(c) after “carpets” insert “and introduction or replacement of movable floor coverings between individual pews”.

Gas and oil tanks

8.—(1) In matter A7 in List A (churchyard), in paragraph (8) (gas and oil tanks), in the first column—

(a) omit “or replacement”, and

(b) at the end of the entry in the first column insert—

(2) In matter A7 in List A, in paragraph (8), in the second column, omit the final entry.

(3) In matter B6 in List B (churchyard), after paragraph (4) insert—

Electric vehicle charging points

9.—(1) In matter A7 in List A, the title to which becomes “Churchyard etc.”, after paragraph (10) insert—

(2) In matter B1 in List B (church building etc.), after paragraph (14) insert—

(3) In matter B5 in List B (church hall etc.) after paragraph (2) (inserted by paragraph 6(5) above) insert—

(4) In matter B6 in List B, the title to which becomes “Churchyard etc.”, after paragraph (5) insert—

(5) In Schedule 1, in the text entitled “General Notes”, in the section of that text beginning “In List A and List B”, after the definition of “church” insert—

““ curtilage ”, in relation to a church, means any land (whether or not consecrated for burials) which is—

Solar panels

10.—(1) In matter B1 in List B, after paragraph (19) insert—

(2) In matter B5 in List B (church halls etc.), after paragraph (3) (inserted by paragraph 9(3) above) insert—

Electric heaters

11.—(1) In matter B4 in List B (church contents), in paragraph (10) (heating appliances), in the first column, for “a heating” substitute “an electrical heating”.

(2) In matter B4 in List B, after paragraph (10) insert—

Cable trenches

12.  In matter B6 in List B, after paragraph (8) insert—

PART 3 OTHER MATTERS

Lightning conductors

13.—(1) In matter A1 in List A (church building etc.), in paragraph (11), after “lightning conductor” insert “or to an earth mat connected to an existing lightning conductor”.

(2) In matter B1 in List B (church building etc.), in paragraph (9), after “lightning conductor” insert “or the connection of an earth mat to a lightning conductor”.

Clapper shafts

14.  In matter A3 in List A (bells etc.), after paragraph (4) insert—

Broadband equipment

15.—(1) In matter B1 in List B (church buildings etc.), after paragraph (11) insert—

(2) In matter B5 in List B (church halls etc.), after paragraph (4) (inserted by paragraph 10(2) above) insert—

Sound control measures in belfry

16.  In matter B2 in List B (bells etc.), in paragraph (7), for “louvres in a belfry as a sound control measure” substitute “a sound control measure in a belfry”.

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Faculty Jurisdiction Rules 2015 ( S.I. 2015/1568) (“ the 2015 Rules”).

Rule 2 provides that persons proposing to undertake certain works must, as part of the procedure, provide an explanation of how they have had due regard to guidance issued by the Church Buildings Council on reducing carbon emissions.

Rule 3 makes minor amendments to the procedure for consultation before faculty proceedings can begin, including by imposing a requirement that, where the online faculty system is used for the consultation, responses to the consultation should also use the online system.

Rule 4 introduces the Schedule, which makes amendments to Lists A and B in Schedule 1 to the 2015 Rules. In particular, the amendments in Part 2 of the Schedule are concerned with promoting environmental protection (for example, fitting boilers which do not use fossil fuels and installing charging points for electric vehicles).

Rule 5 makes some minor drafting improvements and corrections to the 2015 Rules.

Rule 6 makes transitional provisions.