CARE OF CHURCHES AND ECCLESIASTICAL JURISDICTION MEASURE 1991 FACULTY JURISDICTION RULES (ISLE OF MAN) 2010 CORRECTION

Transcription

1 Statutory Document 330/10 CARE OF CHURCHES AND ECCLESIASTICAL JURISDICTION MEASURE 1991 FACULTY JURISDICTION RULES (ISLE OF MAN) 2010 CORRECTION In rule 5(1) (public notice of application) in the opening words for Form 5 substitute Form 3. Issued by authority of the Attorney General 15 th March 2011

2 Statutory Document No. 330/10 CARE OF CHURCI{ES AND ECCLESIASTICAL JURISDICTION MEASURE 1991 FACULTY JURTSDTCTTON RULES (ISLE OF MAN) 2010 Approved by Sodor andman Diocesan Synod Coming into operation llth May 2010 lst July 2010 The Legislative Committee of the Sodor and Man Diocesan Synod makes these Rules under sections L4 and 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure , as it has effect in the Isle of Man2. PART 1 PRELIMINARY 1. Title, commencement, application and revocation (1) The title of these Rules is the Faculty Jurisdiction Rules (Isle of Man) (2) These Rules come into operation on lst July (3) Subject to rule 33, the Faculty Jurisdiction Rules (Isle of Man) are revoked. 2. Interpretation (1) In these Rules "application" means a petition for a faculty; "the Archdeacon" means the Archdeacon of Man, and includes a person appointed to act in place of the Archdeacon under section 16(3) of the Measure; "article" includes any article appertaining to a building which is subject to the faculty jurisdiction by virtue of an order under section 1 1(4) of the Measure; "church" includes the curtilage of a church unless the context otherwise requires; "churchyard" includes a consecrated burial ground not adjacent to a church; "confirmatory faculty" means a faculty which validates any actrequiring a faculty, including (a) any work to the fabric or fixtures of any church or any movables in it, or ' 1991No.1 ' cc qgs/gz 3 so 44+/93 Price f3.40 1

3 (b) the introduction into or removal from the church or churchyard of any item, or (c) any work affecting any churchyard, which has been done without prior authorisation by faculty; "the DAC" means the Diocesan Advisory committee for the diocese of sodor and Man; "the Depafment" means the Department of Infrastructure; "exhumation" means the removal frorn the ground, catacomb, mausoleum, or columbarium of a body or cremated human remains; "interested person", in elation to an application, means (a) any person who is resident in the parish concemed; (b) any person whose name is entered on the church electoral roll of the parish concerned but who does not reside therein; (c) the Archdeacon; (d) the parochial church council ofthe parish concerned; (e) the Department; (Ð any other person or body appearing to the Vicar General to have a sufficient interest in the subject matter of the application; "interim faculty" means any licence or order made by the Vicar General in respect of any works or proposals pending the final determination by him of an application in respect of the works or proposals; "the Measure" means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991; "minister" has the same meaning in these Rules as in the Measure; "the objection period", in relation to an application, means (a) the period of 28 days for display of public notice of the application required by rule 5(1Xa) or such longer period as may be directed under rule 5(2Xd), or (b) in the case of a body referred to in rule 13(3) or (5)(a) where rhat rule applies, the period specified in rule 13(4) or (5Xb), as the case may be; "parish", subject to paragraph (4), means an ecclesiastical parish; "public notice" means the notice required to be displayed by rule 5; "registered", in relation to a church or other building, means entered in the Protected Buildings Register, and "unregistered" has a corresponding meaning; "registered building consent" means the consent of the Department under section 15 or 19(3) of the Town and Country Planning Act 19991; "the vicar General" and "the Registrar" mean the chancellor and the Diocesan Registrar respectively of the diocese of sodor and Man, and include any person appointed to act as the deputy of the Chancellor or Diocesan Registrar, as the case may be. t rggg c.g 2

4 (2) The Interpretation Act applies to these Rules as it applies to a public document within the meaning of that Act. (3) Any reference in these Rules to a Measure or to a provision of a Measure is a reference to that Measure or that provision as it has effect in the Isle of Man. (4) In relation to a church or building in a district assigned to a chapel under the Chulch Representation Rules, references in this Measure to the parish concerned, or the parochial church council or church electoral roll of the parish concerned, are to that district or the parochial church council or church electoral roll of that district. (5) Any reference in these Rules to a numbered form is to the form so numbered in Schedule 1. PART 2 APPLICATION AND PUBLIC NOTICE 3. Seeking DAC's advice (1) (2) (3) (4) (6) Before making an application, intending applicants should seek the advice of the DAC in respect of the works or other proposals for which a faculty is required (except where the action proposed relates exclusively to exhumation). Except in a case within paragraph (4), intending applicants should submit to the DAC designs, plans, photographs and other documents giving particulars of the works or other proposals together with a summary list of the works or proposals. 'Where works requiring registered building consent are proposed the intending applicant should obtain the advice of the DAC before applying for such consent. If the DAC decides to recommend the works or proposals or to raise no objection to them, its decision together with any provisos shall be set out in a certificate in Form 1 and shall be sent to the intending applicants together with the designs, plans, photographs and other documents which were submitted to the DAC under paragraph (2) and are the subject of the certificate. If the DAC decides not to recommend the works or proposals it shall inform the intending applicants by way of a ceftificate in Form 1 and shall advise them that they are entitled to make application to the Vica General for a faculty, if they so wish, notwithstanding the DAC's decision. 4. Making of application (1) (2) (3) As soon as they have received the advice of the DAC under rule 3(5) or (6), the applicants may submit to the Registrar an application in form 2 in respect of the works or other proposals. The works or other proposals shall be fully and accurately stated in the application and shall be the same as those in respect of which the DAC has supplied a certificate in Form 1 under rule 3(5) or (6). There shall be submitted with the application (a) any designs, plans, photographs and other documents giving particulars of the works or proposals for which the faculty is required, (b) the certificate of the DAC relating to the works or proposals, and (c) a copy of the notice referred to in rule 5(1). ' 7976 c.zo J

5 5. (4) Where significant changes to a church are proposed a copy of the designs, plans, photographs and other documents submitted with the application shall be displayed in the church to which the works or other proposals relate from the time when the notice referred to in rule 5(1) is first displayed until the application is determined or withdrawn. (5) An application in respect of works or other proposals may at any time be submitted to the Registrar at any time even though any of the requirements of rule 3 have not been complied, but must in any case be in Form 2. (6) The applicant may, if he so wishes, consult the Registrar for advice before completing the application or notice. Public notice of application (1) Subject to rule 13(8) and to any directions under pnagraph (2), on making an application the applicant shall prepare a notice in Form 5, describing the works or proposals in the same manner as they are described in the schedule to the application, and (a) except where the applicant is not the minister or a churchwarden or where the application relates to exhumation, display the notice for a continuous period of not less than 28 days in accordance with the following table Subject matter of application A parish church or its churchyard A church or place of worship which is not a parish church, or any churchyard belonging to it TABLE Where to be displøyed At the parish church At that church or place of worship and also at the parish church or parish churches of the parish How to be displayed On a notice board outside that church or place of worship or in some other prominent position (whether on the outside of the church door or elsewhere) so that it is readily visible to the public Any other churchyard or consecrated burial ground At the parish church of the parish and at the churchyard or burial ground concerned On a notice board outside the parish church and on a notice board or other suitable place at the churchyard or burial ground concerned to that it is readily visible to the public (b) otherwise, request the Registrar to give directions about display of the notice. (2) If on receipt of the application and notice the Registrar considers thar (a) the works or proposals are not adequately described in the public notice, or (b) a copy of the public notice should be displayed inside or outside any other church or place of worship in the parish concerned, or (c) a copy of the public notice should be displayed in some prominent position elsewhere in the parish concerned (whether inside or outside a building) where it will be clearly visible to the public, or (d) the public notice should be displayed for a longer period than is provided for in paragraph (lxa), then the Registrar may give such directions to the applicants as are appropriate in the circumstances of the case. 4

6 (3) On the expiry of the period of 28 days required under paragraph (1)(a) or such longer period as may be directed under paragraph (2)(d), a copy of the notice shall be returned to the Registrar by the applicants with the certificate of publication duly completed in Form 3. PART 3 MATTERS WITHIN THE ARCHDEACON'S JURISDICTION 6. Matters to be delegated to Archdeacon (1) In addition to any authority conferred on the A chdeacon by the Vicar General's guidance under section 11(8) of the Measure, the Archdeacon has jurisdiction in faculty matters in respect of any of the matters specified in Schedule 2 which affect any parish church, licensed building, consecrated chapel, curtilage of such building or churchyard (whether consecrated or not), which is within the jurisdiction of the consistory court. (2) In any case where a church has been in receipt of grant aid from the Department, a faculty shall not be granted until the Archdeacon is satisfied that the specification for (a) works to the fabric under paragraph 1 (a) and (b) of Schedule 2, or (b) works involving additions to the fabric under paragraph 2(b) of Schedule 2, has been agreed with the Department as required by the terms of the relevant grant. 7 Reference to Archdeacon (1) Subject to rules 8 to 10, where (a) an application is made for a faculty for any of the works or other proposals specified in Schedule 2, (b) no objection to the grant of the faculty is made in accordance with these Rules within the objection period, and (c) the DAC recommends the works or proposals in question or raises no objection to them, the Archdeacon may exercise the jurisdiction of the consistory court in respect of the application to the extent provided in that Schedule. (2) Subject to rule 8, if the Registrar is satisfied that the subject matter of the application falls within the jurisdiction conferred on the Archdeacon under paragraph (1), the Registrar shall endorse the application accordingly and refer it to the Archdeacon for consideration. (3) Unless the DAC gave a certificate under rule 3(5) in respect of the works or proposals the subject of the application not more than 12 months before the making of the application, the Archdeacon shall not make a final determination in relation to the application without first seeking the advice of the DAC. (4) Subject to paragraphs (5) and (6), if the Archdeacon decides to grant a faculty, he shall endorse the application accordingly and shall return it to the Registrar, who on the expiry of the objection period shall issue (a) the faculty in Form 4, and 5

7 (b) a certificate in Form 5 to be completed in accordance with the requirement in the faculty. 8. (1) (2) (3) (4) Reference by Archdeacon to Vicar General If the Archdeacon (a) is the minister of the parish to which an application relates, or (b) has been personally involved with the applicants in relation to the subject matter of the application or otherwise (except as a member of the DAC) to such an extent that he thinks it inappropriate to act in the matter, he shall decline to exercisejurisdiction in relation to the application and either (Ð so inform the Registrar before it is referred to him under rule 7, or (ið ifthat is not practicable, as soon as possible return the application and accompanying papers to the Registrar, who shall immediately endorse the application as one to be dealt with by the Vicar General. The Archdeacon may (a) for any reason decline in advance to exercise jurisdiction in relation to any application falling within Schedule 2; and (b) after reference of an application falling within Schedule 2, return it to the Registrar with a request that it or any matter raised in it be referred to the Vicar General for decision or advice. If the Archdeacon becomes aware of any matter for which a faculty is required and considers that the matter (a) needs to be dealt with as a matter of urgency without reference to the DAC for advice in accordance with section 15(2) of the Measure, or (b) may necessitate the issue of an injunction, the making of a restoration order or the grant of any interim faculty pending the final determination of the matter, or (c) gives rise to any question as to the payment of costs or expenses, then, whether or not an application has been submitted, he shall inform the Registrar. On a reference under paragraph (3) the Registrar shall immediately refer the matter to the Vicar General who may give such licence or other directions in iespect of the matter on such terms or conditions as are appropriate in the circumstances of the case. 9. Temporary reordering (1) On the application of a minister and the majority of the parochial church council, the Archdeacon may give a licence in writing in accordance with Form 6 for a temporary period not exceeding 15 months for a scheme of minor reordering, provided the Archdeacon is satisfied that (a) the scheme (Ð does not involve any interference with the fabric of the church, and (ið does not involve the fixing of any item to the fabric of the church or the disposal of any fixture, and (b) if it involves the moving of any item (Ð the item can easily be reinstated, (ið the moving is to be done by suitably competent or qualified persons, and 6

8 (iið the item will be safeguarded and stored in the church or in such other place as is approved by the Archdeacon. (2) The Archdeacon may add such other conditions to the licence as may be considered necessafy, (3) The Archdeacon shall send a copy of any licence under this rule to the Registrar and the secretary of the DAC. (4) The period specified in the licence shall not be extended by the Archdeacon, but where an application in respect of the scheme is submitted to the Registrar not later than 2 months before the expiry of the period, the scheme shall be deemed to be authorised until the determination of the application. (5) If the Archdeacon for any reason declines to grant a licence under this rule, he shall advise the minister to apply for an interim faculty authorising the scheme Reference by Registrar to the Vicar General (1) (2) The Registrar shall refer to the Vicar General any application falling within Schedule 2 if it appears to him that (a) a confirmatory faculty is required, or (b) the proposed works or proposals raise a question of law or as to the doctrine, ritual or ceremonial of the Church of England or affect the legal rights of any person or body, or (c) any person or body may need to be specially notified, or (d) there is uncertainty whether the subject matter of the application falls within the jurisdiction conferred on the Archdeacon by rule 7(1), or (e) the DAC has not recommended the works or proposals and has so certified by paragraph 4 ofform 1, or (Ð the application raises matters which may justify the issue of any injunction, or (g) for any other reason it is desirable to refer the application to the Vica General. Paragraph (3) applies where (a) a matter is being dealt with by the Archdeacon, and (b) at any stage in the proceedings the Registrar becomes aware (Ð that information supplied in the application is incorrect, or (ið that information has been omitted from the application, so that the matter falls outside the jurisdiction conferred on the Archdeacon under rule 7(1). (3) Where this paragraph applies the Registrar shall in writing immediately (a) cancel the reference of the application to the Archdeacon, (b) give written notice of the cancellation to the Archdeacon, and (c) refer the matter to the Vicar General, and the Archdeacon shall immediately return the application and accompanying documents to the Registrar. (4) If any application is referred to the Vicar General pursuant to rule 8(1) or (2) or paragraph (1) or (3), then unless the Vicar General orders otherwise, the matter shall proceed from the stage reached in the proceedings immediately before the application 1

9 was sent to the Archdeacon under rule 7 (2) as if the application had been presented to the Vicar General from the commencement of the proceedings. 11. Register of applications On receipt of any application for a faculty for which the advice of the DAC is required to be sought under the Measure or these Rules, the Registrar shall notify the secretary to the DAC of the details of the application in Form 7, and the secretary shall enter the details in the register maintained under section 15(3) of the Measure. PART 4 MATTERS WITHIN THE VICAR GENERAL'S JURISDICTION 12. Matters for Vicar General (1) Unless otherwise provided in these Rules, all faculty matters shall be dealt with by the Vicar General. (2) Any faculty granted by the Vicar General in unopposed proceedings shall be issued by the Registrar in Form 4 together with a certificate in Form 5 to be completed in accordance with the requirement in the faculty. 13. Requirements as to notice of application (1) If the Vicar General directs or the law otherwise requires any person to be specially notified, the Registrar shall serve on him a copy of the public notice. (2) The Vicar General may order that relevant details from the public notice be published in such newspapers or other publications and within such period of time as the Vicar. General directs. (3) If the Vicar General considers that the works or proposals intended to be carried out in a churchyard will or may affect a grave or memorial maintained by the Commonwealth Wa Graves Commission ("the Commission") (a) the Vicar General shall direct that the Commission be specially notified, and (b) the Registrar shall pursuant to the direction serve on the Commission a copy of the public notice, (4) Where the Commission has been specially notified pursuant to paragraph (3), it shall have a period of 28 days from the date of service of the copy of the public notice within which to object to the application or to send comments to the Registra in respect of the proposed works. (5) Where the application is for a faculty for the partial demolition or demolition of a church falling within section 17 (2) or (3Xa) of the Measure (a) the Registrar shall give notice in writing to the DAC and, if section 17(5Xa) of the Measure applies, to the Department; (b) the DAC and, if appropriate, the Department shall have a period of 28 days from the date of the notice within which to object to the application or give advice to the Registrar in respect of the proposed works, (c) the notice required by section 17(aXaXiÐ of the Measure shall be published in accordance with that section within such period as the Vicar General shall direct or, if no period is directed, within 14 days of the giving of the direction. (6) Where 8

10 (a) an application relates exclusively to exhumation, or (b) the Vicar General gives directions in relation to a public notice or an amended public notice, then, subject to paragraph (8), the Registrar shall prepare a notice in Form 5 and give such directions for display ofthe notice under rule 5(2Xb) to (d) as he considers appropriate or as the Vicar General has directed. (7) In the case of an application for a faculty for exhumation, the Vicar General shall have the following powers (a) if the Vicil General is satisfied that any near relatives of the deceased person still living and any other persons who in the opinion of the Vica General it is reasonable to regard as being concerned with the matter (Ð are the applicants, or (ið consent to the proposed faculty being granted, then the Vicar Generai may dispense with the issue of a public notice and order the issue of the faculty immediately; (b) in any other case the Vicar General may dispense with public notice and may direct that any ofthe persons referred to in subparagraph (a) who are not the applicants shall be specially notified. (8) Paragraph (9) applies where the Vicar General is satisfied that a matter is (a) an emergency that involves interests of safety or health, or the preservation of a church or part of it, and (b) is of sufficient urgency to justify the grant of a faculty 'without obtaining the advice of the DAC. (9) Where this paragraph applies the Vicar General may (a) dispense with the display of a notice under rule 5, and (b) having regard to all the circumstances, direct that a short period of notice be given to the persons or bodies identified in the directions, and thereafter may order the issue of a faculty immediately. 14. Advice of DAC (1) Subject to paragraph (2), the Vicar General shall not make a final determination in any cause of faculty without first seeking the advice of the DAC in respect of the works or proposals the subject of the application. (2) Paragraph (1) does not apply where (a) the application relates exclusively to exhumation, or (b) the Vicar General is satisfied that the matter is sufficiently urgent to justify the grant of a faculty without obtaining the DAC's advice, or (c) the DAC gave a certificate under rule 3(5) in respect of the works or proposals the subject of the application not more than 12 months before the making of the application. 15. Objections to application (1) Any interested person may, within the objection period, by letter to the Registrar and to the applicants sent so as to arrive within that period, object to a proposed faculty being granted for all or some of the works or other proposals. 9

11 (2) Where the Registrar receives a letter of objection from an interested person (whether as to all or some of the works or proposals) within the objection period, the Registrar shall after the end of that perìod (a) notify the objector in writing that he may either (Ð leave the Vicar General to take the letter of objection into account in reaching a decision without the objector becoming a party in the proceedings, in which case a copy of the letter of objection will be sent to the applicants to allow them to comment on it before the Vicar General reaches a decision, or (ii) within 21 days of receipt of the notification, send to the Registrar a request in writing to be made aparty in the proceedings; (b) inform the objector that unless he chooses alternative (ii) in subparagraph (a), he will not (Ð be entitled to be heard at any hearing of the matter in open court in the consistory court which the Vicar General may decide to hold, or (ið be entitled to make written representations if the proceedings are to be dealt with under ruie22, or (iii) be a party to the proceedings for the pu{pose of any orde for costs which may be made by the Vicar General under section 60 of the Ecclesiastical Jurisdiction Measure 1963; (c) inform the objector that if he chooses alternative (ii) in subparagraph (a), he will (Ð be entitled to participate in the proceedings at ahearing in the consistory court, (ið to make written representations if the proceedings are to be dealt with under ru1e22, and (iii) be a party to the proceedings for the pu{pose of any order for costs which may be made by the Vicar General under the said section 60; (d) send the objector a brief statement in terms approved by the Vicar General as to the principles which apply to costs in the consistory court; (e) inform the objector that, if no request under subparagraph (a)(ii) is received by the Registrar within the period there referred to, he will be treated as having chosen the course of action in subparagraph (a)(i) and the matter will proceed accordingly. (3) Where any person has or is treated as having taken the course of action in paragraph (2XaXÐ, the Registrar shall, after the expiry of the period referred to in paragraph (2XaXiÐ (a) forward a copy of any letter of objection to the applicants for comment by them within 7 days, and (b) not later thant days after expiry of the last date for comment, forward to the Vicar General a copy of any letter of objection received under paragraph (1), together with any comments received from the applicants. (4) On receipt of any letters or comments forwarded by the Registrar under paragraph (3), the Vicar General shall take them into account in reaching a decision on the application, or in giving any directions in the proceedings. 10

12 (1) (2) (3) (4) Unopposed application Where (a) no letter of objection has been received under rule 15 within the objection period, or (b) a letter of objection has been received within that period but no request has been made by the objector to be treated as a party to the proceedings within the time allowed by rule 15(2)(aXii), or (c) the Vicar General is satisfied that all the parties concemed consent to the grant of a faculty, the Vicar General may, subject to the production of any relevant evidence, and subject to the requirements of section 17 of the Measure, grant the faculty. Directions In any case the Vicar General may (a) give directions in writing without a hearing, or (b) hold a hearing for directions which the parties or their representatives (whether or not legally qualified) and such other persons as the Vicar General thinks fit will be requested to attend. The Vicar General or, if authorised by the Vicar General, the Registrar shall preside at any hearing for directions. The purposes ofdirections are (a) to encourage the parties to cooperate with each other in the exchange of information and documents in preparation for a hearing; (b) to fix timetables or otherwise control the progress of the proceedings; (c) to identify the issues which will need to be resolved at a hearing; (d) to deal with as many aspects of the matter as possible on the same occasion; (e) to ensure that the application is considered and determined as quickly and efficiently as possible. Having regard to paragraph (3) the Vicar General or Registrar shall direct as appropriate (a) how any evidence may be presented, whether by written statement or report followed by oral evidence at the hearing, or otherwise; (b) where there are many objections making a similar point or points, that a specified number ofthem shall represent the interest ofall those objectors at the hearing and may appear by themselves or by representatives (whether or not legally qualified); (c) that there be an exchange of the reports of expert witnesses to be called by the parties and that they be requested to identify matters upon which they agree and those upon which they disagree; (d) that the number of expert witnesses to be called on behalf of any party be limited to such number as the Vicar General or Registrar thinks appropriate; (e) that any reports provided to the Vicar General by the DAC, the Department or any other body shall be copied to the parties not less than 2I days before the date of the hearing. 11

13 (5) In deciding whether and how to exercise the powers under this rule, the Vicar General or Registrar shall have regard to all the circumstances including (a) thejustice ofthe case; (b) the desirability of minimising dispute; (c) saving unnecessary expense; (d) avoiding delay; (e) the number of objectors and the grounds of objection to the proposals. 18. Time and place of hearing (1) The Registrar shall lay all the documents submitted to him before the Vicar General t9. (a) within 28 days after the last date for compliance with any directions given under rule 17, or (b) where the case is one to which section 17(4Xd) of the Measure applies, and the Vicar General shall give directions as to a time and place for the hearing of the case. (2) The Registrar shall send written notice of the time and place of the hearing to (a) the parties, (b) the Archdeacon, (c) the DAC, and (d) any other body which has given advice to the Vicar General. (1) (2) (3) (4) (5) Evidence The evidence at the hearing of any proceedings for a faculty shall be given orally, except that the Vicar General upon application by a party or of his own motion may by order direct (subject to paragraph (3)) (a) that all or any part of the evidence may be given before an examiner appointed by the Vicar General or by affidavit, or (b) subject to paragraphs (2) to (4), that a written statement may be given in evidence without the attendance of the maker of the statement. An application to submit a written statement in evidence at the hearing may be made by or on behalf of any person who is not a party to the proceedings. The Vicar General may give leave for a written statement to be admitted in evidence without the attendance of the maker of the statement, provided that the person by or on behalf of whom the statement is made sends the statement to the Registrar, and a copy to each of the parties, not less than 27 days before the date of the hearing. The Vicar General may, on an application by any party or of his own motion, make an order requiring the attendance of the maker of a written statement at the hearing for crossexamination by the parties. If the maker of a written statement fails to comply with an order under paragraph (4), the statement shall not be admitted in evidence save in exceptional circumstances and with the leave of the Vicar General. t2

14 20. 2t )t (1) (2) (3) (4) (5) (6) Application for partial demolition or demolition An application to give evidence made by any person by virtue of section 17(aXd) of the Measure shall be (a) made to the Registrar in Form 8, (b) submitted to the Registrar not more than 4 weeks after the date of the last publication of the notice under rule 13(7), and (c) accompanied by a statement of the evidence to be relied upon. Judge's witness The Vicar General may direct the attendance of a member of the DAC or any other person to give evidence at the hearing ofan application, ifit appears to the Vicar General that the person directed to attend may be able to give relevant evidence and is willing to give it. Disposal of proceedings by written representation Subject to paragraph (2), if the Vicar General considers it expedient to do so and is satisfied that all the parties to the proceedings have agreed in writing, he may order that the proceedings shall be determined upon consideration of written representations instead of by a hearing in court. No order under paragraph (1) may be made in any case in which the Vicar General is required by section 17(4Xd) of the Measure to hear evidence in open court. Where an order has been made by the Vicar General under paragraph (1) the Registrar shall give notice to the parties (a) that the appiicants shall submit to the Registrar and serve on each of the other parties within 27 days of the direction a written statement in support of their case including the documentary or other evidence upon which they wish to rely; (b) that each of the other parties shall not more than 21 days after the submitting of the applicants' statement submit to the Registrar and serve on the applicants a written statement in reply to the applicants' statement and in support of his case, including any documentary or other evidence upon which he wishes to rely; (c) that the applicants may not more than 14 days after the submitting of the statement of an opposing party submit to the Registrar and serve on such opposing party a written statement in response. If any party does not comply with any such direction, the Vicar General may declare him to be in default and may proceed to dispose of the case without any further reference to that party. Any party in respect of whom a declaration under paragraph (4) is made may at any time apply to the court to revoke the declaration, and the Vicar General may as a matter of discretion revoke the declaration on such terms as to costs or otherwise as may be just. The Vicar General may at any stage (a) revoke an orderunderparagraph (1), and (b) direct that the proceedings shall be determined at an oral hearing; and shall thereupon give directions for the future conduct of the proceedings. 13

15 (7) The Vicar General may, whether or not an application is made to the court by any party, inspect the church or any article or thing the subject of the application or concerning which any question arises in the proceedings. (8) ff no order has been made under paragraph (6), the Vicar General shall determine the proceedings on the application, any letters of objection and the written statements and evidence submitted under this rule, and the Vicar General's decision shall be as valid and binding on all parties as if it had been made after an oral hearing. (9) The Vicar General or, if so authorised by the Vicar General, the Registrar may give such other directions as appearjust and convenient for the expeditious dispatch of proceedings under this rule, 23. fssue of faculty after opposed proceedings If the Vicar General decides to grant a faculty following either an oral hearing or a determination on the basis of written representations under ru7e 22, the Registrar shall issue (a) a faculty in Form 4 adapted to meet the circumstances of the case, and (b) a certificate in Form 5 to be completed in accordance with the requirement in the faculty. PART 5 MISCELLANEOUS AND GENERAL 24. Appointment of person to act for Archdeacon (1) In making an appointment under section 16(3) of the Measure of a person to act in place of the Archdeacon on the ground of incapacity, the Bishop may act on such evidence ofthe incapacity ofthe Archdeacon as he shall think sufficient, and a statement of the fact of the incapacity in the instrument of appointment shall be conclusive. (2) The instrument of appointment shall be in Form Removal of article to place of safety (1) Where the Archdeacon is of the opinion that an a ticle falling within section 21(1) of the Measure should be removed to a place of safety immediately, he may make an order in Form 10. (2) In any case not requiring an immediate order under paragraph (1), the A chdeacon shall not make an order under section 27 of the Measure unless and until (a) the following (Ð the churchwardens, (ið any other person having eustody of the article, (iii) the parochial church council, and (iv) the DAC, have been notified in Form 11 of the facts as they appear to the Archdeacon and that written representations made by any of them will be considered if made before the date specified in the notice, being not less than 28 days after the service of the notice, and t4

16 (b) any representations duly made under subparagraph (a) have been considered. (3) Subject to fulfilling the requirements of para graph (2), in any case falling within that paragraph the Archdeacon may make an order in Form (1) (2) (3) (s) Appointment of person to sit as clerk of the court in place of Registrar If the Vica General by whom any proceedings for a faculty are to be heard is of opinion that by reason of the fact that the Registrar (a) has acted for any ofthe parties, or (b) has otherwise (except as a member of the DAC) been personally connected with the proceedings, the Registrar ought not to sit as clerk of the court at the hearing, another person appearing to the Vicar General to be suitable shall be appointed by the Vicar General to sit as such clerk in place of the Registrar. Service of documents Service of any document may be effected (a) by leaving the document at the proper address of the person to be served, (b) by sending it by post to that address, (c) by fax as provided for in paragraph (3); or (d) in such other manner (including electronic means) as the Vicar General or Registrar may direct. For the purpose of this rule, the proper address of any person on whom a document is to be served under this rule shall be (a) his usual or last known address, or (b) the business address of the advocate (if any) who is acting for him in the proceedings. Service by fax may be effected where (a) the pany serving the document acts by an advocate; (b) the party on whom the document is servedacts by an advocate and service is effected by transmission to the business address ofthe advocate; and (c) the advocate acting for the party on whom the document is served has indicated in writing to the advocate serving the document that he is willing to accept service by fax at a specified fax number and the document is transmitted to that number; and for this purpose the inscription of a fax number on the writing paper of an advocate shall be deemed to indicate that the advocate is willing to accept service by fax unless he has indicated in writing that he is not prepared to do so. Any document required by these Rules to be submitted to the Registrar may be delivered at the diocesan registry, or sent by post properly addressed to the Registrar at the diocesan registry. 28. General provisions (1) 'Where anything is required by these Rules to be done not more than a specified number of days or weeks after a specified act or event, the day on which the act or event occur ed shall not be counted. 15

17 (2) The Registrar or Vicar General, on an application made by the person concerned, or the court of its own motion, may extend the time within which anything is required to be done by these Rules, and the application may be made although the time has expired. (3) The Registrar or Vicar General may exercise the power under paragraph (2) on an application made without notice to any other party, or may give directions for the giving of notice of the application and for a hearing. (4) Any such application may be granted on such terms as the Registrar or Vicar General thinks just. (5) The Registrar or Vicar General may give leave to any party to amend any document at any stage in the proceedings on such terms as are just, and in the case of an amended application such further public notice may be directed as the Registrar or Vicar General considers necessary having regard to the circumstances of the case. 29. (1) (2) Noncompliance and setting aside Noncompliance with any of these Rules shall not render any proceeding void unless the Vicar General so directs, but the proceedings may be set aside, either wholly or in part, as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the Vicar General thinks fit. 'Whenever it appears to the Vicar General that it is just and expedient to do so the Vicar General may order that a faculty be (a) set aside, or (b) amended, provided that the amendment will not constitute a substantial change in the works or proposals already authorised by the faculty. 30. Procedural questions Where in the exercise of the faculty jurisdiction (a) any procedural question or issue adses, or (b) it is expedient that any procedural direction shall be given in order that the proceedings may expeditiously and justly be disposed of, and no provision of these Rules appears to the Vica General to be applicable, the Vicar General shall resolve the question or issue, or give such directions as appear to bejust and convenient, and in doing so shall be guided, so far as practicable, by the Rules of the High Court of Justice of the Isle of Man for the time being in force. 3L. Adjournment of hearing The Vicar General may adjourn the hearing of any proceedings or application from time to time on such terms as the Vicar General considers just. 32. Departure from forms (1) Where any of these Rules (other than rules 3(4) and (5), 4(1) and (5) and 5(l) and (3)) require a document to be in a form in Schedule 1, and that form is not in all respects appropriate, the Rules shall be construed as requiring a form of the like character, with such variations as circumstances may reqqire, to be used. (2) The Vicar General may approve and direct forms to be used where a faculty is sought for exhumation or in relation to any memorial in a churchyard or consecrated burial ground or in any other appropriate case, except where any ofthese Rules (other than rule 4(1)) require a document to be in a form in Schedule 1. I6

18 Transitional provisions Nothing in these Rules affects any faculty proceedings which were instituted before the coming into force of these Rules and were subject to the Faculty Jurisdiction Rules 19921, as they had effect in the Isle of Maa2, and those Rules shall continue to apply in relation to any such proceedings as if these Rules had not been made.

19 Diocese of Sodor and Man Parish: Church: Form 1 DIOCESAN ADVISORY COMMITTEE CERTIFICATE PART 1 I CERTIFY that at a meeting of the Diocesan Advisory Committee held on [date] 1. The following works/other proposals were considered: 2. The Committee decided to RECOMMEND the above works/ proposals ISUBJECT to the following provisos: (1) (2) l OR 3. The Committee has NO OBJECTION to the above works/ proposals ISUBJECT to the following provisos (1) (2) OR 4. The Committee does NOT RECOMMEND the above works/proposals for approval for the following principal reasons: (1) (2) You are nevertheless entitled to petition for a faculty, if you so wish, notwithstanding the Committee's decision. Date Secretary of the Diocesan Advisory Committee NOTE: (1) A certificate under paragraph 2 or 3 does NOT give you permission to proceed with your proposals, unless and until a faculty is granted by the Vicar General (or by the Archdeacon in respect of matters within Schedule 2 to the Faculty Jurisdiction Rules (Isle of Man) 2010). (2) This certificate is valid for 12 months from the date stated above. 18

20 19

21 Form 2 APPLICATION FOR FACULTY To the Consistory Court of the Diocese of Sodor and Man Church of in the Parish of 'We I apply for a faculty to authorise the following: a SCHEDULE OF \ryorks OR PROPOSALS Guidance Notes (Please read before answering the following questions) 1. Although this petition is detailed, it is important to provide full information about your proposal so that it can be dealt with as promptly as possible. Please ensure that you have answered all the relevant questions either on the petition or in an accompanying piece of paper. 2. Sections A, C, D, M, P and R should be answe ed in every case. The remaining sections should only be answered if applicable. 3. Please mark answers as appropriate. If you cannot fit an answer conveniently into the space provided please use a separate piece ofpaper and attach it to this application. A checklist of documents is provided at the end of the application for your assistance. I Insert each applicant's full name, residential address (including postcode) and off,rce held. The minister and churchwardens should normally be the applicants. 2 Set out clearly in numbered paragraphs *hut yoo seôi permission to do, using the wording on the diocesan advisory committee certificate (if one has been obtained), and including the number and date on the architect's or surveyor's drawing(s) and specification(s) where relevant. Copies of the drawings, plans, specifications, photographs or other documents showing the proposals which were considered by the diocesan advisory committee should be provided with this application. 20

22 QIIESTIONS A I Information about the building (please answel this section in every case) What is the approximate date of the building or the part of the building affected by the proposals? 2 Is the building entered in the Protected Buildings Register? t Is the building in a conservation area? [Yes][No] IYes][No] 4 (a)'who is the architect or surveyor appointed for the building under the Church Act1979l (b) Has this architect or surveyor been: (i) engaged in connection with the proposals? (ii) asked for general advice in relation to these proposals? lyesl[no] [Yes][No] 5 If another architect or surveyor is being engaged: (a) what are his/her name and address? (b) why is he/she being instructed in relation to the proposed works? B Demolition or partial demolition (please answer this section if applicable; otherwise proceed to next section) 6 (a) Is the whole or any part of the building to be demolished? [Yes][No] (b) If yes, please state how much is to be demolished (identifying a part or parts). (c) Is the demolition necessary to enable repairs or alterations to the church? (d) Is it intended to reconstruct the part to be demolished? lyesl[no] (e) If the answer to (c) and (d) is no, what is the reason for the proposed demolition? (Ð If the answer to (d) is yes, will the reconstructed part be greater in extent than the part or parts to be demolished? If yes, how much larger will it be? (g) Will the demolition affect the use of the church for worship? [Yes][No] ff yes, what alternative arrangements are proposed? 21

23 C Financial information (please answer this section in every case) 7 (a) What is the estimated cost of the proposed works? f. (b) Who has estimated this cost? (c) Are the proposals to be wholly paid for privately or by way of gifts? [Yes][No] (d) If the answer to question 7(c) is no, how are the proposals to be paid for? (Please give figures in the boxes below.) (i) the PCC's current balance of general funds? f (ii) a special appeal? f. (iii) a gift or legacy? f. (iv) grant from one or more grantmaking bodies? f. 8 (a) Has the church received a glantin the past from the Department of Infrastructure or any other grantmaking body? lyesl[no] (b) If yes, what is the name of the body? (c) Do the terms of that grant require you to seek consent for the work proposed in this application? If yes, please provide a copy of the letter(s) of consent for the work proposed in this application lyesl[no] 9 (a) Has the PCC applied for a grant in respect of the present proposals to the Department of Infrastructure or any other grant making body? lyesl[no] (b) If yes, what is the name of the body? (c) Ifthe answer to (a) is yes, have you received an offer of a grant and, if so, for how much? If yes, please provide a copy of the grant letter. If an application has not been determined or has been refused, please provide most recent correspondence. lyesl[no] f. D Permissions from other bodies (please answer this section in every case) 10 (a) Do the proposals involve the demolition of a registered building or a building in a conservation area, or the alteration or extension of a registered building? (b) If the ans\ryer to (a) is yes, have you consulted the Department of Infrastructure as to whether registered building consent is required? (c) Have you applied for registered building consent? (d) If the answer to (c) is yes, has registered building consent been granted? Please attach a copy ofthe consent to this application. lyesl[no] [Yes][No] 22

24 11 (a) Are any external works to the building proposed? [Yes][No] (b) If yes, have you consulted the Department of Infrastructure as to whether planning approval is required? (c) Has the Department confirmed in writing that planning approval is not required? Please attach copy of letter to this application (d) Ifyou have been advised that planning approval is required, has outline or detailed approval been granted? Please attach a copy of the planning approval to this application. [Yes][No] T2 (a) Do any of the proposals involve the demolition or removal (in whole or in part) of, or a structural alteration of or an addition to, a listed ancient monument? [Yes][No] t3 E I4 (b) If yes, has notice of the proposals been given to Manx National Heritage? (a) Do bats use any part of the building? (b) If yes, do you or your architect think that the works or proposals might harm or disturb bats or their roosts? (c) If the answer to question (b) is yes, have you obtained advice from the Department of Environment, Food and Agriculture? Please attach a copy of the letter of advice. fnsurance (please answer this section for any work to or in a building) Have you informed the church's insurance company that work is to be carried out in the building? If yes, please attach a copy of the insurer's approval or reply. [Yes][No] 15 (a) Is the work or part of the work to be carried out by voluntary labour? lyesl[no] (b) If yes, has the PCC taken out insurance to protect voluntary labour against the risk of injury during the course of the work? lyesl[no] F I6 Introducing ne\il articles into the building, eg. furniture, furnishing, fixture or fitting (please ans\ryer this section if applicable; otherwise proceed to the next section.) (a) Is it proposed to introduce any new article? (b) If yes, will it be attached to the fabric? (c) If the answer to (b) is yes, please give a short description of the method by which the article will be attached to the fabric [Yes][No] lyesl[no] (d) Väll the new article to be introduced replace an existing one? [Yes][No] 23

25 G Disposal of any item in or belonging to the building (please answer this section if applicable; otherwise proceed to the next section.) l7 (a) Is the disposal of any item in or belonging to the building contemplated? (b) If yes, please identify item(s) if not already described in the Schedule in this petition. (c) How is it proposed to dispose of any item(s) (d) Has a professional valuation been obtained? (If yes, please supply a copy of the valuation and a good quality photograph of the item). [Yes][No] (e) If the answer to (d) is no, what is the applicants' estimate of the value of the item? lyesl[no] (Ð What do the applicants wish to be authorised to do with any proceeds of the sale? H Seats in the building (please ans\iler this section if applicable; otherwise proceed to the next section.) 18 (a) Are any private rights in seats in the building likely to be affected by the works? (b) Ifyes, have the owners consented? (please attach copies ofletters of consent). [Yes][No] lyesl[no] I Work to the chancel (please answer this section if applicable; otherwise proceed to the next section.) 19 (a) Is work to the chancel proposed? (b) Is there a lay rector? [Yes][No] (c) ff yes, please give name(s) (d) If yes, has the lay rector been informed of the work? J (e) Is the lay rector intending to contribute to the cost? Work affecting monuments etc. in the building (please answer this section if applicable; otherwise proceed to the next section) [Yes][No] 20 (a) Will the work affect any graves, monumentsor inscriptions in the church? If yes, please provide a list on a separate sheet, giving details of the type of memorial and the inscriptions on each memorial which will be affected. 24

26 (b) If yes, have the descendants of the person(s) commemorated consented? lyesl[no] (c) If the descendants have not been found what have you done to try to find them? K New memorial in the building (please answer this section if applicable; otherwise proceed to the next section) 2l (a) Is it proposed to introduce a commemorative plaque, additional inscription to an existing memorial, or other memorial into the building? If not included in the Schedule of works or proposals at the beginning of this application, please set out on a separate sheet the wording of the proposed memorial. (b) If yes, please specify what special contribution the person to be commemorated has made to the life of the Church or the local or wider community. L Details of contractors (please ansrwer this section if you wish to carry out work of any kind) 22 Please give the name and address of each contractor to be employed for the different aspects ofthe works, (e.g. builder, electrician, stained glass artist, organ builder etc.). 1 2 J M Time for work (please answer this section in every case) 23 (a) How soon will work sta t after the faculty is granted? (b) How long is it expected that it will take for the work to be completed? 24 (a) Will it be necessary to hold public worship in another building while the work is being carried out? (b) If yes, has the Bishop consented to alternative anangements for public worship? N Work in a churchyard or burial ground (please answer this section if applicable; otherwise proceed to the next section) 25 (a) Is the land in question consecrated? lyesl[no] (b) Is the land in question wholly or parlly listed as an ancient monument? 25

27 (c) Has any part of the land on which the works will take place ever been used for burials? (d) Is any part of the land still being used for burials? (e) If the churchyard is no longer in use, has it been closed by order under Act of Tynwald? (ff yes, give the date of closure) (Ð Will any graves, reserved grave spaces, monuments or inscriptions be interfered with? lyesl[no] [Yes][No] lyesl[no] (i) If yes, how will they be dealt with? (ii) To what extent do the owners consent and on what terms? (iið If the owners have not been found, what efforts have been made to find them? (Note: In dealing with this question the consent of known near relatives should be sought as if they were owners). (g) Will there be interference with a grave containing a burial made between 1974 and 1947? If so, give the name(s) of the deceased and the date(s) ofburial on a separate sheet (h) V/ill there be interference with a memorial commemorating a death between I9l4 and 1947? Il so, give the name(s) of the person(s) commemorated and the date(s) of burial on a separate sheet (i) If the answer to (g) or (h) is yes, does the Commonwealth War Graves Commission identify the grave as a war grave and consent to the work? (please attach copy of consent.) o Archdeacon's licence (please answer this section if applicable; otherwise proceed to the next section.) 26 Has the archdeacon granted a licence authorising temporary reordering? If yes, please attach a copy. 26

28 P PCC resolution (please answer this section in every case) 27 The Parochial Church Council at its meeting on passed [unanimously] [without dissent] [by a majority of to among those present and votingl*, a resolution relating to the works or proposals. A copy of the resolution signed by the [chairman] [secretary]* is attached to this application. There are members of the Council. *Delete as appropriate o I)iocesan Advisory Committee (please answer this section in every case) 29 (a) Has application been made to the Diocesan Advisory Committee for a certificate relating to the works or proposals? (b) If yes, has the Committee issued a certificate? (Please attach the certificate) [Yes][No] lyesl[no] S Further information (if there is any further information that the applicants would like the Court to take into account, details should be set out in an accompanying statement or letter) The statements in this application and the answers to the questions above are true to the best ofthe knowledge andbeliefofeach one ofus. Date Signatures of applicants Details of person to whom the faculty and any correspondence should be sent Name Address Telephone 27

29 Please use the following checklist to ensure that all the relevant documentation is enclosed with the application. If this is not done the application may have to be returned to you for completion thus causing delay. CHECKLIST OF SUPPORTING DOCTJMENTATION Have you attached the following documents? Please tick below as appropriate: Refer to Documents Yes Tofollow Schedule Copies of the drawings, plans, I D Q. 8(c) Q.e(c) Q. 10(d) Q. 11(c) Q. 11(d) Q. 13(c) Q. 14 Q. 17(d) Q. 18(b) Q.20(a) Q.21(a) Q.2s(e) Q.2s(h) Q.25(Ð Q.26 Q.27 Q.28(b) Rule 4(3Xc) specifications, photographs or other documents showing the proposals which were considered by the DAC Copy of letter of consent from DLGE or other grantmaking body Copy of letter offering grant (or other recent correspondence) Copy of registered building consent Copy of letter confirming that planning approval is not required Copy of planning approval Copy advice from DAFF Copy of insurer's approval or reply Copy of valuation and photograph Copies of letters of consent from seatholders List of memorials affected (including inscriptions) Wording of proposed memorial Names and dates of graves Names and dates of memorials 79t41947 Copy of CWGC's consent Copy of Archdeacon's consent to temporary reordering Copy of PCC resolution DAC's certificate Copy of public notice il D D D Ü o il ti il I D I il il D Ü il u D il il t il il ü n tt t t] Ü il il il il D D N/A õ D ü n D Í û il il D il I n n il D I il il 28

30 Form 3 PUBLIC NOTICE To the Consistory Court of the Diocese of Sodor and Man Church of in the Parish of TAKE NOTICE that we are making application to the Consistory Court of the Diocese for permission to carry out the followingl Copies of the relevant plans and documents may be examined at2 3 Date Applicants If you wish to object to any of the works or proposals you should write giving reasons for your objection to: The Diocesan Registrar, a so that it reaches the Registrar not later than 5, stating your name and postal address, whether you live in the ecclesiastical parish, whether your name is entered on the church electoral roll of the parish, or any other capacity in which you write. Note to applicants You must display this public notice (or a copy of it) for a continuous period of not less than 28 days (or for such other period as the court may direct) in each of the following places: 1. On a notice board or in some other prominent position inside the church. 2. On a notice board outside the church or in some other prominent position (whether on the outside of the church door or elsewhere) so that it is readily visible to the public. After the end of that period, you must complete the following certificate in full by making appropriate entries in the blank spaces and return it, with a copy of the notice, to the Diocesan Registrar. t Set out the works or proposals as stated in the application (Form 1) 2 Enter an address at which the documents may be examined; they may also be on display in the church. Copies of the relevant plans and documents must be available for inspection either at an a ish or on display inside the church, or both. office held n above 29

31

32 Form 4 FACT]LTY In the Consistory Courl of the Diocese of Sodor and Man Parish of Church of [The'Worshipful of Sodor and Manl [The Venerable Chancellor and Vicar General of the Diocese Archdeacon of Manl Tol V/HEREAS (1) You have applied to this Court for a faculty authorising the works or other proposals specified in the application. (2) A public notice was duly displayed giving an opportunity to all persons interested to object and give reasons why a faculty should not be granted and fthere are no objections under the Rules to the granting of a faculty] [[a] letter[s] ofobjection to the granting ofa faculty [has][have] been taken into account by the Vicar General in reaching the decision that a faculty should be grantedl [objections having been received to the granting of a facuþ and all the parlies to the proceedings having agreed in writing that the Vicar General should determine the proceedings on written representations, the Vicar General has decided for the reasons given in a judgment dated that a faculty should be grantedl [objections having been received to the granting of a faculty the Vicar General held a hearing at which oral evidence was given, and has decided for the reasons given in a judgment dated that a faculty should be grantedl This Court GRANTS a faculty authorising you to carry out the works or other proposals specified in the Schedule below in accordance with the designs, plans or other documents accompanying the application and subject to the conditions set out in the Schedule below. The works should be completed within months from the date below or such fufher period as this Court may allow and the certificate of completion is to be sent to the Diocesan Registry within the period allowed. A copy of this faculty is to be supplied by you to the architect or surveyor and contractors to be employed in respect of the authorised work before any work is commenced. 2 Date SCHEDTILE Signature of [Vicar General] [Archdeacon] t Names and descriptions of applicants 2 Description of works or proposals and any conditions attached to the faculty 31

33 Form 5 CERTIFICATE OF COMPLETION OF WORKS AUTHORISED BY FACULTY In the Consistory Court of the Diocese of Sodor and Man Parish of Church of To the Diocesan Registrar THE FACULTY dated authorised the following works I WE CERTIFY as follows: 1 The work was carried out by the following 2 The above [was][were] supplied with a copy of the faculty before the work was commenced. 2. The [architect][surveyor] employed in relation to the authorised wo k was The above (a) was supplied with a copy of the faculty before work commenced, (b) has issued a Practical Completion Certificate dated in relation to [the whole][part] of the authorised works. To the best of our knowledge, information and belief that the works have been carried out in accordance with the said faculty. All the conditions attached to the faculty have been complied with. We have given a copy of this certificate to the Archdeacon and have placed a copy in the church's logbook. Date Names and addresses of Churchwardens Signed 3 NOTE: This form is to be returned to the Registrar within 4 weeks after the completion of the work 1 Insert short description of works 'ff a different company, firm or person was employed for different items of work authorised by the faculty details of the work each has done must be given t To be signed by majority of churchwardens 32

34 Form 6 LICENCE FOR TEMPORARY REORDERING In the Consistory Court of the Diocese of Sodor and Man Parish of Church of The Venerable Archdeacon of Man To the Reverend You have requested permission to carry out temporary minor reordering, and have satisfied me that you have the support of a majority of the Parochial Church Council and that it is expedient to grant your request. I GRANT MY LICENCE (a) (b) (c) for the following works or proposals, for the period expiring on I subject to the conditions set out below WORKS OR PROPOSALS CONDITIONS 2 Date Signed NOTES 1. If you desire to extend the above period, with or without changes, you should NOT LATER than 2 months before the expiry of the above period (a) consult the Diocesan Advisory Committee; (b) submit to the Diocesan Registrar an application for a faculty describing fully the works or proposals including any changes; and (c) display a public notice in accordance with the Faculty Jurisdiction Rules. 2. If such an application is made then the period of authorisation given by this licence set out above will continue in force until determination of your petition. 3. If no such application is made, you must immediately after expiry of the period set out above, cause the position as it existed before the grant of the licence to be restored. I Not later than 15 months from the date of the licence 2 To include conditions as to how the minor reordering is to be carried out and the safeguarding and storing of any item moved as a result of the reordering 33

35 FormT NOTICE BY REGISTRAR TO SECRETARY OF DIOCESAN ADVISORY COMMITTEE FOR REGISTER OF APPLICATiONS To the Secretary of the Diocesart Advisory Committee 34

36 Form 8 APPLICATION TO GIVE EVIDENCE In the Consistory Court of the Diocese of Sodor and Man Parish of Church of I of apply under section 17(4Xd) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 to given evidence in open court in the proceedings for a faculty to demolish [a part ofl the above church. I am interested in the proceedings beeause I I wish to give evidence in relation to the following matter(s): 2 Signature of Applicant Form 9 APPOINTMENT OF PERSON TO ACT FOR ARCHDEACON I, Bishop of Sodor and Man, in pursuance of section 16(3) of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 appoint' to act in the place of the Archdeacon of Man [the Archdeaconry being vacant] [the Archdeacon being incapacitatedl lthe Archdeacon being in my opinion unable or unwilling to actl [it being inappropriate in rny opinion for the Archdeacon to act] in the following 4 t Stat" the reason eg. that the applioant is a parishioner. (The reason need not necessarily disclose an tels on which the applicant proposes to give evidence. ess a Specify the case on which the person appointed is to act. 35

37 Form 10 ORDER REQUIRING IMMEDIATE REMOVAL OF ARTICLE TO PLACE OF SAFETY In the Consistory Court of the Diocese of Sodor and Man Parish of Church of The Venerable A chdeacon of Man Tol WHEREAS it appears to me (l) that the article described in the schedule below which appertain to the above church is of architectural, artistic, historical or archaeological value and is exposed to danger of loss or damage; and (2) that the article should be removed to a place of safety immediately because 2 I DIRECT you pursuañt to section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure I99l to remove the article described in the schedule below not later than [am][pm] on 3 to the following place of safety 4 If you refuse or fail to comply with this order I may apply to the Vicar General for an order that you deliver the article[s] to the place of safety specified above and that you pay the costs of the application if you are found to have unreasonably refused or failed to comply with this order. 5 SCHEDULE Date Signature of Archdeacon NOTES 1. An "article" for the purpose of section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure and this order includes part of an article and anything affixed to land or a building (section 31(1)) but does not include a register or record to which the Church Records Measure (Isle of Man) 2000 applies. 2. As this order has been made as a matter of urgency without giving the advisory committee an opportunity to make representations in connection with the making of the order, as soon as practicable after this order has been complied with the archdeacon will provide the advisory committee with a copy of this order and confirm that the articlels] [has] [have] been removed in accordance with the terms of this order. 3. Within 28 days after the article[s] in the schedule to this order has/have been removed to the place of safety stated in this order the archdeacon is required to apply to the chancellor for a faculty authorising the retention there of the article[s] and the chancellor will then decide for what period the article[s] should be retained in the place of safety, or any alternative place of safety, and will grant or refuse a faculty accordingly I Insert names and addresses of churchwardens and (if different) person having custody of the article. 2 State reasons for removal 'Insert time and date. a Insert address or description of place of safety. s Insert description ofa ticle 36

38 Form 11 NOTICE INVITING REPRESENTATIONS ABOUT REMOVAL OF AN ARTICLE TO A PLACE OF SAFETY In the Consistory Court of the Diocese of Sodor and Man Parish of Church of The Venerable Archdeacon of Man To (a) t (b) the Secretary of the (c) the Secretary of the Diocesan Advisory Committee Parochial Church Council V/HEREAS it appears to me (1) that the article described in the schedule below which appertains to the above church is of architectural, artistic, historical or archaeological value and is exposed to danger of loss or damage; and (2) that the article should be removed to a place of safety immediately because 2 TAKE NOTICE that I am proposing to make an order under section2i of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 directing the churchwardens and any other person having custody of the article described in the schedule below to remove it from the church and deposit it in a place of safety. If any person named above wishes to make any representations to me about rny proposal to make such an order, those representations must be sent to me in writing before 3 and I shall consider them and will not make any order until after that date. 4 SCHEDULE Date Signature of Archdeacon NOTE An "article" for the purpose of section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and this order includes part of an article and anything affixed to land or a building (section 31(1)) but does not include a register or record to which the Church Records Measure (Isle of Man) 2000 applies. I Insert names and addresses of churchwardens and (if different) person having custody of the article. ' State reasons for removal 3 Date not less than 28 days after service of notice upon you 4 Insert description of article 5t

39 Form 12 ORDER REQUIRING REMOVAL OF ARTICLE TO PLACE OF SAFETY AFTER NOTICE IN FORM 11 In the Consistory Court of the Diocese of Sodor and Man Parish of Church of The Venerable Archdeacon of Man Tol WHEREAS, [having considered the representations made to me] [no representations having been made to mel by the date specified in my notice dated2 inviting representations about my proposal to make an order requiring the removal of an article to a place of safety, I am of the opinion that the article in the schedule below ought to be removed to a place of safety. I DIRECT you pursuant to section 2l of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 to remove the article described in the schedule below not later than [am][pm] on 3 to the following place of safety 4 If you refuse or fail to comply with this order I may apply to the Vicar General for an order that you deliver the article[s] to the place of safety specified above and that you pay the costs of the application if you are found to have unreasonably refused or failed to comply with this order. 5 SCHEDI]LE Date Signature of Archdeacon NOTES 1. An "article" for the pupose of section 21 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 and this order includes part of an article and anything aff,rxed to land or a building (section 3 1 ( I )) but does not include a register or record to which the Church Records Measure (Isle of Man) 2000 applies. 2. Within 28 days after the article in the schedule to this order has/have been removed to the place ofsafety stated in this order the archdeacon is required to apply to the chancellor for a faculty authorising the retention there of the article and the chancellor will then decide for what period the article should be retained in the place of safety, or any alternative place of safety, and will grant or refuse a faculty accordin I Insert names and addresses ofchurchwardens and (ifdifferent) person having custody ofthe article. 2 fnsert date of notice 3 Insert time and date. a Insert address or description ofplace ofsafety. 5 Insert description of article 38

40 Rule 6(1) SCHEDULE 2 MATTERS WITHIN ARCHDEACON'S JURISDICTION 1. Work to the fabric (a) minor structural alterations not involving demolition or partial demolition; (b) external or internal decoration or redecoration; except where in the opinion of the DAC the work proposed is likely to affect the character ofthe church as a building of special architectural or historic ìnterest; (c) repairs (using matching materials); (d) treatment of timber against beetle or fungal activity. 2. Work affecting fïxtures (a) Repairs (i) repairs and alterations to an existing heating system; (ið repairs to and redecoration of fixtures (with matching materials); (iið repairs to broken or cracked quarries in clear glazed windows; (iv) repairs, rewiring and minor alterations to an existing electrical system; (v) repairs to lightning conductors; (vi) repairs to organs or harmoniums using matching materials; (vii) repairs using matching materials to bells and bell frames and replacement of pafs not requiring the removal of the bells from their frames; (viii) repairs using matching materials to and redecoration of clock and clock faces; (ix) treatment of fixtures against beetle or fungal activity; (x) repair of flagpole fixed to the fabric of the building; (xi) repair of wire mesh window guards with nonferrous fittings. (b) New work (Ð installation of a new heating system including laying of electrical cables, gas pipes or water mains through the churchyard; (ii) installation of a sound reinforcement system or loop system or alteration to an existing system; (iið installation of a new electrical system or lighting or floodlighting including laying of electrical cables through the churchyard; (iv) installation of a wall offertory box; (v) installation of a wall safe in a vestry; (vi) installation ofa lightning conductor; (vii) installation of security cameras and alarms or closed circuit television security systems; (viii) installation of wire mesh window guards with nonferrous fittings. 39

41 3. Work affecting movables (a) introduction of any article which may lawfully be used in the performance of divine service or the rites of the Church (other than an aumbry); (b) repairs to movables (using matching materials) not including royal coats of arms, unfixed hatchments, heraldic achievements, paintings, historic textiles, historic silver and base metal work; (c) installation of minor items of furniture or minor fixtures in the church; (d) provision ofnew or replacement carpets and curtains; (e) introduction of altar frontals and falls; (Ð a scheme for replacement of all or a substantial number of hassocks; (g) laying up ofbanners; (h) introduction of a Book of Remembrance and a stand for it; and (i) removal or disposal of any items within (c)(h) above. 4. Work affecting churchyards (a) resurfacing of paths in the same material resulting in the same appearance; (b) repairs to walls, fences, gates and lych gates where matching materials are to be used; (c) introduction of a garden seat (including any memorial inscription); (d) provision or replacement or repainting in a new colour scheme of a noticeboard; (e) introduction of a free standing flagpole. MADE 22ndMarch20l0 K F W Gurnbley Chairman of the Legislative Committee Sylvia M. Lawrinson Secretary EXPLANATORY NOTE (This note is not part of the Rules.) These Rules make new provision for the procedure for applications for faculties and related proceedings. They replace the Faculty Jurisdiction Rules 1992, as applied to the Isle of Man, and include new provision relating to the grant of faculties by the Archdeacon in unopposed cases. 40