Faculty Jurisdiction 1. Closing of Churchyards - - PDF document

Faculty Jurisdiction

• 1. Closing of Churchyards
• https://www.churchofengland.org/media/55

222/careofchurchyards.docm

• an appropriate Order in Council under the

Burial Act 1853 (section 1) has to be sought from the Ministry of Justice

• 1. Closing of Churchyards
• Application requires one of these

conditions to met: -

• The churchyard is full
• The continuing use of the churchyard for

burials may constitute either a risk to public health or be contrary to decency

• The discontinuance of burials may prevent
• r mitigate nuisance.

• 1. Closing of Churchyards
• An application will not normally be

considered if it relates to part of the churchyard only

• 1. Closure of Churchyards
• Closure does not remove the legal effects
• f consecration
• Churchyard is still part of the freehold of

the incumbent and under faculty jurisdiction

• May still be used for the interment of

ashes provided that no human remains are disturbed

• 1. Closure of Churchyards
• If the Order permits, it may also be

possible for further burials to take place in specified areas.

• 2. Secular Permissions for works
• Listed Building Consent
• Building Regulations
• Planning Permission

• 3. Church Permissions for works
• Faculty Jurisdiction (“Ecclesiastical

Exemption”) for Listed Building Consent

• Building Regulations
• Planning Permission

• 3. Church Permissions for works
• Chancellor
• Registrar
• Archdeacon

• 3. Church Permissions for works
• DAC Secretary
• Diocesan Advisory Committee for the Care
• f Churches (DAC)

• 4. Local Authority Cemeteries
• Non-Consecrated Sections

– Local authority controls only

• Consecrated Sections

– Subject to Faculty Jurisdiction

• 5. Seeking Permission

Faculty Jurisdiction Rules 2015 (http://www.legislation.gov.uk/uksi/2015/156 8/pdfs/uksi_20151568_en.pdf)

• List A – No Permission
• List B – Minor Works authorised by

Archdeacon

• List C – Faculty

• 5. Seeking Permission

Covers: -

• Items within the church
• External walls, roofs, etc
• Paths, gates, Lychgates, Styles
• Memorials within the churchyard
• Churchyard walls

• 5. Seeking Permission

Re-ordering of the internal space: -

• Requires consultation with
• Church Building Council
• Historic England
• National Amenity Societies
• Conservation Officer from local Borough /

District / County Council

• 5. Seeking Permission

Works to the exterior of a church or in a churchyard may also require: -

• Advertising Consent
• Planning Permission
• Listed Building Consent if memorial /

churchyard wall separately listed

• 5. Seeking Permission

Consultation process: -

• Legal responsibility lies with D/PCC
• Leicester Diocese – done by DAC

Secretary through Online Faculty System

• 5. Seeking Permission

Consecrated Sections of Local Authority Cemeteries works to: -

• Trees
• Paths
• Memorials

will require Minor Works / Faculty

• 5. Seeking Permission

How to apply: -

• 1 January 2016 – all goes online

(https://facultyonline.churchofengland.org/)

• New national Minor Works List
• One application point for Minor Works and

Faculties

• 5. Seeking Permission

• 5. Seeking Permission
• Secure site – requires applicants to

register

• Conservation Officers should register as

Consultees

• Other Local Authority officers for trees and

maintenance of walls and memorials should register as applicants

• 6. Quinquennial Inspections
• All Churches and Churchyards require a

QI

• DAC is required to maintain List of

Approved Architects / Surveyors

• Report sent to D/PCC & DAC Secretary
• If Churchyard closed, copy forwarded to

Conservation Officer of B/D Council

• 7. Urgent Situations
• Chancellor’s Licence
• Confirmatory Faculty through the OFS

Rupert Allen DAC Secretary Direct Line: 0116 261 5332 Applications: https://facultyonline.churchofengland.org/ Architect submissions: dac@lecportal.org Email: rupert.allen@leccofe.org Website: www.leicester.anglican.org/dac