CONSISTORY Court processes
will be simplified if the General Synod approves new draft Faculty
Jurisdiction Rules at its meeting next month.
If approved, the new
legislation will replace the existing Faculty Jurisdiction Rules
and two other Statutory Instruments dealing with the care of places
of worship and injunctions and restoration orders.
Some of the rule changes
have been recommended by the Archbishops' Council's "simplification
group". In a report to the Synod, the General Secretary, William
Fittall, said that a large number of responses to the group's
consultation highlighted the faculty jurisdiction as being "ripe
for streamlining. . . It was felt to be overly bureaucratic,
resource intensive, and often unfathomable to those who had to
apply for a faculty."
Faculty jurisdiction is the
Church of England's system of planning control. Separate from
local-authority planning departments, it covers all consecrated
buildings and land, including all parish churches and churchyards,
and some licensed chapels, as well as the ornaments and furnishings
and objects in the buildings or on the land.
The new draft Faculty
Jurisdiction Rules cover some of the changes being proposed. Others
will be implemented by "a combination of administrative action and
good practice". Additional changes will require new legislation,
which will be brought to the Synod in November.
In the new Rules, an
ecclesiastical court will be able to accept a statutory undertaking
from a person rather than have to issue an injunction or
restoration order. Failure to comply would be treated as a contempt
of court.
The Rules also include, for
the first time, provisions for the issue of interim faculties to
cover emergency situations. The old Rules acknowledged that interim
faculties existed, but left their operation entirely to common
law.
Other changes include the
ability to complete and submit petitions online, where the Registry
is equipped for this; and a requirement that a public notice should
be published on the diocesan website, giving details of
applications for certain changes to listed buildings, or
applications involving demolition in a conservation area.
The petition form is shorter
under the new Rules, and will be accom- panied by a standard
information form that can be usead for any subsequent applications
for the same church.
People opposing petitions
will not be "unnecessarily discouraged" from becoming a party to
the proceedings. At present, people are warned that becoming a
"party opponent" could result in costs being awarded against them
if the petition is granted; but the new Rules seek "to avoid making
objectors unduly concerned about the (low) risk of adverse costs
orders being made against them", the briefing note states.
Objectors will also be told
that they can take part in proceedings only if they are a party to
the case.
The overriding objective of the new rules is to deal with cases
"justly and expeditiously"; and courts will be required to actively
manage cases in a way that "expedites the resolution of disputes
and avoids unnecessary delay".