1.7 In general terms, works to churches fall into one of the following broad categories:

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1 CONTENTS 1. Introduction 2. Preliminary Steps 3. Diocesan Advisory Committee 4. Petition 5. Adjudication 6. Particular Cases 6.2 Churchyards 6.4 Demolition 6.5 Diocesan contribution 6.6 Disposal of church property 6.7 Exhumation 6.8 Funding 6.9 Gardens of remembrance 6.10 Graves 6.13 Inscriptions 6.14 Licences and leases 6.15 Memorials 6.16 Planning permission 6.17 Re-ordering 6.19 Reservation of grave spaces 6.21 Reservation of the sacrament 6.22 Telecommunications 6.23 Trees 7. Dispensation From Faculty 8. Summary Appendix A List of Minor Works Not Requiring a Faculty Appendix B Archdeacon's Jurisdiction Appendix C Bishop's Regulations for the Reservation of the Blessed Sacrament Appendix D Churchyard Regulations Appendix E Application for Introduction of a Memorial into Churchyard Appendix F Model Regulations for Gardens of Remembrance Appendix G Chancellor's Guidance on Trees in Churchyards Chancellor s General Directions 1

2 NOTE These Directions replace in their entirety the previous Chancellor s General Directions (Issue 1) dated April Incumbents, priests-in-charge, churchwardens, parish administrators and inspecting architects are reminded of the importance of being familiar with the content. Note in particular the List of Minor Works Not Requiring a Faculty at Appendix A and the Churchyard Regulations at Appendix D which have been completely revised introducing a number of significant changes. Note also the new provisions regarding dispensation from faculty. Chancellor s General Directions 2

3 1. INTRODUCTION 1.1 Church buildings belong not to any particular worshipping community, but are held in trust for generations yet to come. To that end no change may be made in the fabric and condition of churches and churchyards without due authority. The authority is that of the bishop. It is exercised by the chancellor or the archdeacon and is styled the faculty jurisdiction. 1.2 Many churches are listed buildings, the alteration of which would ordinarily require listed building consent from the local planning authority. However, churches enjoy the benefit of the ecclesiastical exemption. The Secretary of State for Culture, Media and Sport excludes churches of many denominations from listed building consent conditionally upon the effective operation of alternative procedures. Such procedures must give a voice to certain heritage bodies equal to that which they would have in relation to any other listed buildings. The ecclesiastical exemption is subject to periodic review. It is therefore essential that all those concerned with making changes to buildings of the Church of England are aware of the faculty jurisdiction and diligent in its operation. If the jurisdiction is flouted, the exemption will be lost. 1.3 However, the exemption applies only to listed building consent. If building or engineering operations are contemplated (such as the construction of an extension or the laying of a path), or if an alteration is to be effected which will materially affect the external appearance of the church, then planning permission will be required. This necessitates an application to the local planning authority and is in addition to the requirement for a faculty. 1.4 The faculty jurisdiction seeks to balance the interests of petitioners, who propose change, with those of various heritage organisations, local planning authorities, and of neighbours and others with a legitimate interest in the church. 1.5 Incumbents (which expression throughout these directions also includes priests-incharge) and churchwardens are under a canonical duty to obtain a faculty if any alterations, additions, removals or repairs are proposed to be made in the fabric, ornaments, or furniture of the church. See Canon F 13 paragraph 3. Equally, inspecting architects and others who hold themselves out to work on ecclesiastical buildings should not participate in works to churches in the absence of a faculty. The consistory court has power to compel unauthorised works to be reversed or remedied and to forbid by injunction threatened breaches of the faculty jurisdiction. 1.6 Such draconian steps will be unnecessary if incumbents, churchwardens and other intending applicants have an understanding of the rationale which underscores the faculty jurisdiction and a working knowledge of its operation. These directions are not intended as a substitute for the primary sources, namely: Chancellor s General Directions 3

4 Care of Churches and Ecclesiastical Jurisdiction Measure 1991 Faculty Jurisdiction Rules 2000 Care of Churches and Ecclesiastical Jurisdiction Measure: Code of Practice Reference should be made to the specific provisions of the Measure, Rules and Code. Chapter 7 of M Hill, Ecclesiastical Law (3rd edition, Oxford University Press, 2007) is devoted to the Faculty Jurisdiction and the text of the Measure and Rules is reproduced in the book. 1.7 In general terms, works to churches fall into one of the following broad categories: i. Minor works not requiring a faculty These are works of so minor a nature that approval is deemed without the formality of an application for faculty, although the work will often require the written permission of the archdeacon. The List of Minor Works not Requiring a Faculty, which was completely revised in August 2005, appears at Appendix A. ii. Memorials subject to incumbent s delegated authority The incumbent has an authority, delegated to him by the chancellor, to permit the erection of headstones of a type and size specified in the Churchyard Regulations at Appendix D which have also been completely revised since these Directions were last issued. They are discussed in more detail at paragraphs 6.10 to 6.13 below. iii. Archdeacon s faculty The archdeacon has jurisdiction to grant faculties for certain classes of work. These are set out in Appendix B. The registrar will advise upon whether any proposal falls within such classes. iv. Chancellor s faculty All other matters require a faculty from the chancellor. v. Dispensation from faculty There will be occasions when a relatively modest project is proposed which falls outside the List of Minor Works Not Requiring a Faculty but which cannot proceed because their cost exceeds the financial limit for which the archdeacon may give prior written consent. In such instances it is open to the parish to seek from the chancellor a written order dispensing with the need for a faculty. The procedure is explained at paragraphs 7.1 and 7.2 below. 2. PRELIMINARY STEPS 2.1 Works requiring faculties vary from the comparatively trivial to the major. The greater the effect upon the historic integrity of the building, the greater the need Chancellor s General Directions 4

5 for consultation. It is imperative that discussions about proposals take place at an early stage and involve not merely the parochial church council (PCC), but the entire congregation and, where appropriate, the wider community. If the appearance is given that a project is being forced through by a cabal, this often causes lasting resentment. 2.2 All PCCs are encouraged to address three core questions: why? how? and when? At the same time, consideration must also be given to funding. This should include not merely the cost of the works, but also the professional fees of architects and surveyors as well as the costs of obtaining a faculty, possibly in contested proceedings. Good stewardship demands commercial realism. 2.3 Where the church is a listed building (of which there are 352 in this diocese alone), the law imposes additional requirements. A helpful pamphlet from the Rule Committee, Making Changes to a Listed Church (1999), may be obtained from the Secretary to the Rule Committee, Legal Office, Church House, Great Smith Street, London SW1P 3NZ. It should be read in conjunction with a publication produced by the Council for the Care of Churches, The National Amenity Societies: Their Role in the Conservation of Anglican Churches (1998), and, of course, the Faculty Jurisdiction Rules 2000 which came into effect in January Parishes need to establish the grade of their church s listing and obtain a copy of the list description. They should then prepare a Statement of Significance and a Statement of Need. The latter must set out the reasons why it is considered that the needs of the parish cannot be met without making changes to the church building and the reasons why the changes are regarded as necessary to assist the church in its worship and mission. Although not strictly necessary in the case of a church which is not listed, it is good practice to prepare such statements particularly when major changes are under consideration. 2.5 If the proposed works involve: i. alteration to or extension of a listed building to such an extent as is likely to affect its character as a building of special architectural or historic interest; or ii. are likely to affect the archaeological importance of the church or archaeological remains existing within the church or its curtilage; or iii. involve demolition affecting the exterior of an unlisted church in a conservation area then the parish should consult English Heritage, such of the National Amenity Societies as appear likely to have an interest in the works and the Local Planning Authority. The National Amenity Societies comprise: (a) the Ancient Monuments Society (before 1715); (b) the Council for British Archaeology; (c) the Georgian Group ( ); (d) the Society for the Protection of Ancient Buildings; Chancellor s General Directions 5

6 (e) the Victorian Society ( ); and (f) the Twentieth Century Society (1914 onwards). The criteria upon which consultation should take placeare set out in Appendix B of the Faculty Jurisdiction Rules 2000, and detailed reference to this should be made. A failure to consult at this stage may mean compulsory consultation at a later stage which will inevitably result in delay and inconvenience to the parish. See paragraphs 3.2 and 3.3 below. 2.6 Note also that in certain cases the chancellor is required to consult with the Council for the Care of Churches. See paragraph 4.4 below. Parishes are advised to consider whether such consultation is likely to be ordered and, if so, to approach the CCC at this early stage. This will also obviate the legal requirement for the chancellor to order consultation at a later stage. 2.7 Although the formal role of the DAC is discussed below, it is available to offer informal advice to parishes at any time. The DAC has a collective expertise in matters of art, architecture, archaeology, planning, design, liturgy and building. Its members have wide experience both within the diocese and beyond. They give of their time without charge and can offer independent practical advice at an early stage to those considering applying for a faculty. Reference to the DAC s Advice Notes is strongly recommended. They provide valuable insights into many aspects of church maintenance and development. 3. DAC CERTIFICATE 3.1 It is a legal requirement that parishes seek the advice of the DAC prior to lodging a petition for a faculty. An intending applicant should submit designs, plans, photographs and other documents giving particulars together with a summary list of the works or proposals. A specific form is provided for this purpose. 3.2 Where significant changes to a listed building are proposed, an intending applicant should also submit the Statement of Significance and Statement of Need as mentioned in paragraph 2.4. Such documents should also be submitted to English Heritage, the relevant National Amenity Societies, the Council for the Care of Churches and the Local Planning Authority, in circumstances when consultation is required (see paragraphs 2.5 and 2.6 above). The secretary of the DAC should be informed which bodies have been consulted and the date upon which the response period is due to expire. 3.3 The DAC will either recommend the works (sometimes with provisos); make no objection; or not recommend them. The certificate may include a recommendation to the parish that it consult English Heritage, one or more of the National Amenity Societies, the Council for the Care of Churches or the Local Planning Authority, if the parish has not already done so. If the parish does not act upon such recommendation, it is likely that the chancellor will order consultation when Chancellor s General Directions 6

7 the petition is referred to him, resulting in delay and further work for the parish. 3.4 It must be remembered that a DAC certificate is not authority for works to proceed. It merely records the advice of the DAC. It is unlawful for works to be carried out without the authority of a faculty. Equally, however a negative certificate does not prevent a parish from petitioning the chancellor for a faculty. 4. THE PETITION 4.1 Once the DAC certificate has been received, the parish may submit a petition for a faculty to the Registry. A specific form is provided for this purpose. Where significant changes to a church are proposed, a copy of the designs, plans, photographs and other documentation submitted with the petition must be displayed in the church and remain on display until the petition has been determined. 4.2 The parish must fill in a public notice in the prescribed form describing the works which must be displayed for 28 days both inside and outside the church on a notice board or in some other prominent position so that it is readily visible to the public. 4.3 The chancellor may be required by law to serve other persons or bodies with notice of the petition (eg the Commonwealth War Graves Commission), to order publication in newspapers or to notify English Heritage, any of the National Amenity Societies or the Local Planning Authority, unless they have already been consulted and indicated that they have no objection or comment to make. See paragraphs 2.5 and 2.6 above. 4.4 Unless the chancellor is satisfied that there has already been consultation with the Council for the Care of Churches in respect of the proposals, the chancellor must direct the registrar to serve on the CCC notice where a petition for a faculty: i. concerns an article of particular historic, architectural, archaeological or artistic interest, and involves the introduction, conservation, alteration or disposal of that article; ii. involves the alteration to or extension of a listed church or reordering of any church, which is likely in the opinion of the chancellor significantly to affect (when completed) the setting of any such article; or iii. involves the movement or removal of any such article, which in the opinion of the DAC may be adversely affected thereby unless specific precautions are taken. Where it is likely that notice to the CCC will have to be ordered by the chancellor at this stage, a parish would be well advised to consult the CCC at an early stage so that account may be taken of its advice sooner rather than later. Chancellor s General Directions 7

8 4.5 Special provisions apply in the case of demolition or partial demolition. 5. ADJUDICATION 5.1 Petitions fall to be determined by the archdeacon (in the categories set out in Appendix B) or the chancellor. Where any petition is opposed, for whatever reason, it must be referred to the chancellor. No one has a right to a faculty, and even where there is no formal opposition, a faculty may still be refused on legal or other grounds. It is for the petitioners to prove their case. 5.2 With the written consent of the parties, contested proceedings may be determined on written representations. Equally, an interested party who does not wish to become an objector may rely upon a letter of objection which will be taken into account by the chancellor either at the hearing or, if appropriate, when he comes to determine the matter on written representations. 5.3 The burden of proof lies on the proponents of change and must be discharged on the balance of probabilities. However, where changes to a listed church are proposed, a more rigorous approach is adopted through the application of what are styled the Bishopsgate questions: i. Has the parish proved a necessity for some or all of the proposed works either because they are necessary for the pastoral well-being of the parish or for some other compelling reason? ii. Will some or all of the works adversely affect the character of the church as a building of special architectural and historical interest? iii. If the answer to ii. is yes, then is the necessity proved by the parish such that in the exercise of the court's discretion a faculty should be granted for some or all of the works? 5.4 With regard to costs, two separate instances must be considered - first the court costs themselves, and secondly the legal fees, expenses and disbursements which may be incurred by the parties. The relevant principles may be summarised as follows: Court Fees i. fees are payable at rates fixed by annual Fees Orders made by the Fees Advisory Commission under the Ecclesiastical Fees Measure 1986; ii. iii. iv. such fees are prima facie payable by the parish; parishes will be ordered to pay the court costs even when they are successful. Whilst the consistory court retains a discretion, an order against objectors for reimbursement of some or all of the court fees is unlikely to be made unless there is clear evidence of unreasonable behaviour which has unnecessarily added to the procedural costs of or relating to the hearing; since appeals to the Court of Arches lie only with leave, the same principles will apply as in the consistory court on the question of court costs; Chancellor s General Directions 8

9 Legal expenses of the parties v. the practice in the consistory court is not to make an order for costs between the parties save where unreasonable behaviour has occurred; vi. if a party appeals to the Court of Arches and is unsuccessful, then there is no reason why as a general rule that party should not pay the other party's costs of the appeal. 5.5 The Ecclesiastical Judges Association has produced a booklet entitled Guidance on the Award of Costs in Faculty Proceedings in the Consistory Court (2000), copies of which may be obtained from the Registry. 6. PARTICULAR CASES 6.1 What follows is a miscellany of the more common matters which arise in the consistory court. For convenience they are arranged alphabetically. Churchyards 6.2 Every parishioner, and certain other persons, has a right of burial in the graveyard of the parish provided room permits. Other persons may be buried only with the consent of the incumbent which should be given or withheld in accordance with general guidance given by the PCC. The position within the churchyard for a burial to take place is a matter for the incumbent. The same spot may be used more than once. See also Graves and Reservation of grave spaces. Since access to the church building will often be required for the routine maintenance and inspection and for the erection of scaffolding, incumbents ought not to permit interments within 5 yards (4.57 metres) of the external wall. This practice would also eliminate the unfortunate and unsightly juxtaposition of a modern headstone next to an historic church. A horizontal ledger stone in the next nearest zone may prove more suitable than an upright headstone. 6.3 Incumbents and PCCs having the care of churchyards should, if they have not already done so, draw up regulations governing the upkeep of graves so that those who wish to tend a grave in the churchyard may know what is and what is not allowed. Consideration should be given to including the following provisions in any such regulations: i. bulbs and small annual plants may be placed in the soil of any grave; ii. plants or cut flowers may be placed in removable sunken containers (preferably of unpolished aluminium) in the soil of any grave; iii. wreaths and cut flowers placed on graves and plants and flowers in containers may be removed, when withered, by those authorised to do so by the incumbent; iv. no artificial flowers or foliage may be placed on or about graves (except for Remembrance Day poppies) and, if so placed, will be removed. Careful thought will need to be given to requests for 'woodland' burials and the planting of trees and shrubs in preference to the erection of headstones. A pleasing tiny sapling could do significant damage to foundations and prove a major irritant to future incumbents and PCCs. Chancellor s General Directions 9

10 Demolition 6.4 When proposed works include the demolition or partial demolition of a church, certain additional provisions apply. Parishes should consult the Registry for guidance when such works are contemplated. Diocesan contribution 6.5 The faculty jurisdiction relates to part of the collective mission of the Church of England in the diocese. Many individuals give of their time and talents to ensure its effective operation. There is a mutual inter-dependency between the institutions which service the jurisdiction and other diocesan structures. Collective responsibility and sound Christian stewardship dictate that before parishes embark upon works, other than routine maintenance or repair, their parish contribution should be up to date. A parish which is in arrears will need to show good grounds as to why a faculty should otherwise issue. Disposal of church property 6.6 The consistory court is traditionally reluctant to sanction the sale or other disposal of church property since it was acquired for a sacred purpose and hallowed for such use. However, the court will consider granting a faculty where the parish can demonstrate some good and sufficient reason (eg genuine redundancy) and a pressing need (eg a financial emergency). Exhumation 6.7 The doctrine of Christian burial is a permanent consignment of mortal remains, including ashes, to the ground where they should lie undisturbed. The concept of portable remains transported by relatives for their convenience is alien to this teaching. English ecclesiastical law is clear that exhumations should only be permitted in exceptional cases and the burden of proof lies on the petitioner to prove exceptionality. Funding 6.8 Financial assistance for the care and conservation of churches may be obtained from English Heritage, by way of grants from the CCC, from lottery funding and by way of interest-free loans from the archdeacon. Grants may also be sought from the Historic Churches Preservation Trust and the Sussex Historic Churches Trust. Parishes are advised: i. to consult the archdeacon before making an application for a grant; ii. to consult the registrar before accepting any grant and, when consulting the registrar, inform him of all the terms of the proposed grant; iii. not to enter into any contract for the execution of works to be paid, or partly paid, for by the grant before the issue of the faculty sought; iv. to submit all contractual documents concerned with the grant to the registrar for his approval before signing them. The secretary to the DAC will be pleased to advise on other sources of grant aid. Chancellor s General Directions 10

11 Gardens of remembrance 6.9 Cremated remains may be buried anywhere in the churchyard as the incumbent permits. They should be treated with the same reverence as a corpse and not divided for burial in different places but treated as a whole. It is good practice to set aside plots which may be dedicated for the exclusive burial of ashes. The form of such Gardens of Remembrance depends very much upon individual circumstances and calls for vision and sensitivity. They will be a focus of grief, prayer and reflection for many generations and need to reflect something of the resurrection. Parishes are encouraged to use imagination and first rate designs and to utilise good quality materials. The DAC has considerable experience of projects within the diocese and the way in which they meet local needs. It should be consulted at an early stage. The use of rectangular slabs is unimaginative and, after all too little time, unsightly. They give the appearance of a utilitarian pet cemetery. The use of individual marker stones is discouraged, it being more appropriate to record names in a Book of Remembrance. Each parish will need to draft regulations for the use of the Garden of Remembrance, a model of which appears at Appendix F. The content of such regulations will vary from one parish to another, but all should include provision for re-use after a period of say 25 or 50 years. Graves 6.10 The incumbent has a discretion to authorise the erection of any headstone within the types and classes permitted at Appendix D. Although he may refuse to permit the erection of a headstone which is authorised, he has no discretion to allow the erection of a headstone which falls outside those authorised. It is open to individual applicants to apply for a faculty for the erection of such a headstone, although a good case will need to be made out to justify it. A standard form of Application is reproduced at Appendix E. Ownership of a headstone does not vest in the incumbent or the PCC but in the person who erected it and, after that person s death, in the heir-at-law of the person in whose memory it was erected. The duty to maintain a headstone lies with its legal owner. See also Inscriptions Incumbents need to be meticulous in ensuring compliance with these provisions, particularly as this will need to be done at a time when relatives may be distressed and vulnerable. Well intentioned laxity will result in pastoral difficulties in later years and for successor incumbents. Equally, monumental masons who hold themselves out as competent to work in consecrated churchyards in this diocese will be expected to be familiar with the relevant regulations. Headstones erected without the authority of the incumbent or which are not within the types or classes permitted by these regulations are liable to be removed by order of the consistory court at the instance of the registrar. The costs incurred will fall upon the person responsible for the unlawful erection of the headstone, the incumbent and/or the monumental mason concerned The purpose of the Churchyard Regulations is not to impose homogeneity, since variety is to be encouraged, but to ensure that headstones are erected which are appropriate for the environment in which they are set and in keeping with the Chancellor s General Directions 11

12 church building. Thought must be given to aesthetics and to the sensibilities of those who will have cause to visit other graves in the same churchyard. Where possible, local materials should be encouraged. The consistory court actively welcomes applications from parishes to permit the creation or variation of regulations for specific churchyards which take into account local practice, tradition and custom and the particular environmental needs of the church and graveyard. Such regulations, created by the parish itself and authorised by faculty, are likely to be easier to implement and police. Inscriptions 6.13 Headstones, memorials, stained glass windows and other church furnishings may all bear inscriptions. It is essential that inscriptions are factually accurate and are written in such a way as to be comprehensible by future generations. The wording of inscriptions should interest and inspire the reader. They should be reverent and seemly and avoid the bland. Readers will want to know something of the person or event commemorated, and descriptions should be fulsome and well expressed. The use of pet names should generally be avoided as they can become meaningless and appear trite with the passing of time. Skilled craftsmen should be used, and the DAC will advise on suitable letter cutters. Licences and leases 6.14 It is not infrequent for parishes to request a faculty to permit the secular use of part of a church or churchyard. Such secondary uses must be consistent with the mission and pastoral outreach of the church and should not compromise the primary use of the building for worship, pastoralia and mission. Regard is given to Chapter 11 of the Report of the Archbishops Commission on Rural Areas, Faith in the Countryside (1990) which gives support to the community use of church buildings. See also Telecommunications. Since 1 January 2007, the consistory court has had power to grant a faculty permitting a parish to enter into a lease of church premises in appropriate cases: see Wider Use of Part or Parts of a Church: A Guide to Section 56 of the Pastoral Measure 1983 (as amended) (Legal Office of the National Institutions of the Church of England, January 2007). Memorials 6.15 Faculties for the erection of memorial tablets are sparingly conceded and a case of exceptionality needs to be made out, whether in terms of civic or Christian service. Parishes should be encouraged to turn their minds, instead, towards the creation or repair of church furniture or ornaments in lasting memory of particular individuals. Such items may be suitably inscribed. Planning permission 6.16 Development, ie building or engineering operations, such as an extension of the church, the erection of a lych gate, the laying of a path, a material alteration to the external appearance of a building, or (in the opinion of some but not all local planning authorities) floodlighting may require planning permission in addition to a faculty. The parish's inspecting architect will be able to advise on whether it is required. As a general rule, the consistory court will expect planning permission Chancellor s General Directions 12

13 (or a declaration that it is not required) to have been obtained prior to a petition for a faculty being lodged. Re-ordering 6.17 Changing patterns of worship may dictate the relocation or removal of fixtures, fittings or ornaments in a church. A balance must be struck between the dynamic quest for change and the dogged retention of the present or the half-remembered past. The Church of England has been constantly evolving and will continue so to do. Accordingly, a guiding principle when addressing the re-ordering of the interior of a church is that any changes should be reversible. The present generation is but the temporary custodian of the fabric and fixtures of the church. Where reversibility is not possible, then the highest standard will usually be looked for in terms of design and materials. See also the Bishopsgate Questions discussed at paragraph The archdeacon has power to grant a licence in writing for a scheme of temporary re-ordering for a period not exceeding fifteen months. The scheme must not involve any interference with the fabric nor the disposal of any fixtures which must be securely stored. The fifteen-month period may not be extended by the archdeacon, although if a petition for a faculty is submitted not later than two months before the expiry of the period, the scheme is deemed to be authorised until determination of the petition by the chancellor. Reservation of grave spaces 6.19 Incumbents are under a statutory duty to maintain a register of burials. It is also important that the parish keeps an accurate plan of the churchyard indicating principal physical features and showing which grave spaces have been filled and which remain available for burial. Any spaces which have been reserved by faculty must be recorded on this plan which should be available for inspection by the archdeacon at his visitation. The reservation of a grave space is a privilege and will not be granted where it would prejudice those with a legal right to burial. See Churchyards. Accordingly, the chancellor will need to know the number of unfilled grave spaces remaining and the average number of burials per year. Due regard will be given to parish policies on reservation, but these may not prove determinative Petitions for reservation will need to state: i. the precise location of the grave space in question; to be identified on a plan or, if this is impracticable, (and reasons must be given why it is impracticable) by full written description; ii. the average number of burials of bodies in the churchyard over the last ten years; iii. the number of grave spaces remaining in the churchyard; iv. the full name and age of each person in respect of whom the petition is presented, and a statement of whether such person is married, single, widow or widower; v. the terms of any resolution of the PCC concerning the petition. If the Chancellor s General Directions 13

14 vi. resolution supports the petition the resolution must state in full the reasons why the council supports the petition; the special reasons advanced on behalf of the applicant why the privilege of reservation, involving the curtailment of the rights of parishioners, should be granted. Reservation of the sacrament 6.21 Where it is necessary to apply for a faculty concerning items used in the practice of the reservation of the blessed sacrament, the written approval of the bishop or area bishop will be required. The Bishop s Regulations for the Reservation of the Blessed Sacrament appear at Appendix C. Telecommunications 6.22 Much has been said and written about telecommunications equipment. Masts and antennae can provide a useful source of income to parishes in a manner which causes limited harm to the fabric of the church. The Archbishops Council has sought to address certain issues on a national level including model agreements. Parishes should ensure that provision is made for routine maintenance of equipment and for its removal at the expiration of the period of the licence. Before granting any faculty, however, the consistory court will need to be satisfied that the installation will not pose a danger to the health or wellbeing of those using the church or other property in the immediate vicinity. Trees 6.23 The chancellor is required by law to give written guidance to all PCCs as to the planting, felling, lopping and topping of trees in churchyards. This appears in Appendix G. 7. DISPENSATION FROM FACULTY 7.1 Since Issue 1 of these Directions in 2001, the practice of dispensation has been introduced in this diocese. It has proved particularly useful when works are proposed which are not covered by the List of Minor Works Not Requiring a Faculty, mainly because though they are uncontroversial their cost exceeds the maximum for which the archdeacon may give authorisation. In these circumstances, and subject to the guidance of the archdeacon, the parish may approach the registry seeking a dispensation from faculty. 7.2 The process is relatively informal. The parish is required to set out its request in a letter to which should be attached all supporting documentation. Generally the written support of the archdeacon will be expected. If the chancellor is satisfied that it is appropriate for a dispensation to be granted he will authorise the registrar to issue a dispensation form, copies of which will be sent to the parish, the secretary of the DAC and the archdeacon. The chancellor may require additional information before making an adjudication and the dispensation may be subject to conditions. A modest fee is charged for a dispensation. This covers administration Chancellor s General Directions 14

15 and is considerably less than the statutory faculty fee. 8. SUMMARY 8.1 These General Directions are intended to assist parishes in the operation of the faculty jurisdiction. They do not pretend to be exhaustive. Every effort is made to keep them up to date and comments would be welcome from those affected by them. 8.2 The faculty jurisdiction may be viewed by some as a burdensome anachronism but it reflects the disciplined exercise of autonomy within an established church which is the custodian of a large part of the national heritage. It is helpful to remember that any person or body carrying out functions of care and conservation under the faculty jurisdiction must have due regard to the role of a church as a local centre of worship and mission. Procedures and consultation are cumbersome and sometimes costly, but with goodwill and grace the mission and witness of the Church can be lived out in the process. THE WORSHIPFUL MARK HILL Chancellor of the Diocese of Chichester Easter Day 2007 APPENDIX A LIST OF MINOR WORKS NOT REQUIRING A FACULTY Revised and reissued, Easter 2012 GENERAL INTRODUCTION 1. The following list has been prepared after consultation with the DAC and in conformity with the recommendations of the Ecclesiastical Judges Association. It comprises those matters which for the time being may be undertaken without any faculty, and is issued pursuant to section 11(8) of the Care of Churches and Ecclesiastical Jurisdiction Measure It takes effect from Sunday 8 April 2012 and replaces in its entirety the previous List. It should be filed in substitution for Appendix A in the Chancellor s General Directions () and the previous Appendix A destroyed. 2. The list is intended to assist PCCs, ministers, churchwardens and inspecting architects so that they are aware of when they can introduce or replace items or carry out work without a faculty. It is expected that in all cases where approval by the Archdeacon is required, such approval will be obtained in writing before entering into a contract for work to be carried out. Failure to do so may result in the need for a confirmatory faculty for which a fee will be charged, and which may require remedial work to be carried out. Chancellor s General Directions 15

16 3. If you are in doubt about any matter you should consult your Archdeacon or the Diocesan Registrar. MATTERS NOT REQUIRING A FACULTY The following items, listed under A to G, may be carried out without a Faculty: A. MINOR REPAIRS 1. Works of minor repair identified as such by the inspecting architect in the quinquennial inspection report provided that such works and any necessary specification have first been approved in writing by the Archdeacon. 2. Works of routine maintenance on the fabric of the church (not materially altering its appearance) up to the value of 7,500 (excluding VAT and the cost of scaffolding), provided that the Archdeacon has given his prior approval in writing for such work costing between 3,000 and 7,500 before the contract to carry out the work is entered into. This work includes, for example, replacement like for like of broken roof tiles or slates or window glass; cleaning gutters or downpipes; and treating isolated beetle or fungal activity (except in areas where bats may be affected). It does not include repairs to broken or cracked quarries in historic stained glass, historic clear glazed windows or historic tiled floors. 3. Works of routine maintenance to heating systems, gas, water or other services, electrical fittings or other electrical equipment (by approved NICEIC electricians or Gas Safe registered fitters) and furniture up to the value of 7,500 excluding VAT, provided that the Archdeacon has given his prior approval in writing for such work costing between 3,000 and 7,500 before the contract to carry out the work is entered into. No addition to an electrical system is to be made without a faculty because of the risk of jeopardising the church s insurance policy. 4. External or internal redecoration using the same colours and materials, provided those original colours and materials had been approved by faculty when first used and provided that the Archdeacon has been notified and has given his approval in writing before the contract to carry out the work is entered into. The Archdeacon will expect to see the original faculty and relevant specification before he can consider giving his approval. 5. Treatment of fixtures and furniture against beetle or fungal activity (unless bats may be affected) provided that the Archdeacon has been notified and has given his approval in writing before the contract to carry out the work is entered into. 6. Repair of flagpoles using non-ferrous materials. 7. Work to lightning conductors provided that the Diocesan Specialist Adviser (or his Chancellor s General Directions 16

17 delegate) has been notified and has given his approval in writing before the contract to carry out the work is entered into. 8. Repair of wire mesh window guards using non-ferrous materials. B. FURNITURE AND FIXTURES 1. Introduction, removal or disposal of: (a) Furniture in church halls, but not items from the church kept in the hall. (b) Furniture, furnishings, office equipment and minor fixtures (excluding wall safes) in vestries, but not so as to change the existing use of the room as a vestry. (c) Fire extinguishers (subject to Archdeacon s instructions as to location and method of fixing). (d) Hymn boards (subject to Archdeacon s instructions). (e) Internal notice boards (subject to Archdeacon s instructions). (f) Small movable bookcases or display stands. 2. Replacement of carpets or curtains with the equivalent of similar colour, material, pattern and type of backing. (The carpeting of additional areas is not included.) 3. Additions in an existing style to name boards (excluding war memorials). 4. The use of a security system recommended by insurers for marking movable items kept in the church. No item may be disposed of unless the Archdeacon has been consulted and given his consent in writing. C. MUSICAL INSTRUMENTS 1. Introduction, storage or removal of musical instruments and stands used by music groups. 2. Routine tuning and adjustment, by a qualified person, up to a value of 3,000 excluding VAT, of organs, harmoniums and pianos. 3. Maintenance and repairs to pianos using matching materials. D. BELLS/CLOCKS 1. Inspection and routine maintenance of bells, bell frames, clocks and clock faces. 2. Replacement of damaged wooden bell stays and bell ropes. Chancellor s General Directions 17

18 E. MOVABLES Introduction, removal, replacement or disposal of: 1. Kneelers, hassocks and cushions (but not a substantial replacement of them). 2. Surplices, albs, cassocks, choir robes, clerical vestments, and vergers robes. 3. Cruets. 4. Vases. 5. Service books authorised by Canon. 6. Bibles, hymn books, song books and sheet or bound music (but not disposal of handbound or other valuable books). 7. Altar linen (but not frontals or falls). 8. Decorative flags and banners used for temporary displays. 9. The Union flag, St. George s flag or the diocesan flag. No item may be disposed of unless the Archdeacon has been consulted and given his consent in writing. F. EMERGENCY ITEMS OF WORK WHICH MAY BE AUTHORISED BY THE ARCHDEACON 1. Installation of security locks on doors and/or windows when the Archdeacon is satisfied that they are urgently required and the type of lock has been approved by him in writing. 2. Installation of security lighting or camera(s) on a temporary basis where there is urgent need to protect the building against burglary or vandalism pending the grant of a faculty for a permanent scheme provided the temporary arrangement is approved in writing by the Archdeacon and the Diocesan Registrar is notified by the Archdeacon that he has given his approval. G. CHURCHYARDS 1. Purchase and maintenance of lawnmowers and other churchyard equipment. 2. Routine repair of paths including resurfacing in the same material and colour. 3. Repairs to and repainting of a notice board or erection of a like for like replacement. 4. Minor repairs to fences and gates (but not walls). DISPENSATION IN OTHER CASES Where the proposal is of a similarly minor nature, but does not appear in the above list, the Chancellor may be willing to dispense with a faculty, sometimes subject to conditions such as consultation with the DAC. The Chancellor s decision will normally be based Chancellor s General Directions 18

19 upon a letter, to be sent to the Registrar, giving all relevant information about the proposal, and copied to the Archdeacon for comment. See section 7 of the Chancellor s General Directions. GENERAL NOTES 1. A faculty is not required for the deposit of parochial registers or other parochial records in the diocesan record office, nor for the obtaining of new registers. 2. Repairs, acquisitions and the disposal of articles in the list should be recorded in the church log book. THE WORSHIPFUL MARK HILL QC Chancellor of the Diocese of Chichester Easter Day 2012 Chancellor s General Directions 19

20 APPENDIX B ARCHDEACON S JURISDICTION Faculty Jurisdiction Rules 2000, rule 7(1), Appendix A In any case where a church has been in receipt of grant aid from English Heritage or other publicly funded grant making body, a faculty should not be granted until the archdeacon is satisfied that the specification for the works to the fabric under items 1(i) and (ii) or works involving additions to the fabric under item 2(b) has been agreed with English Heritage or other publicly funded grant making body as is required by the terms of the relevant grant. 1. Work to the fabric (i) minor structural alterations not involving demolition or partial demolition; (ii) external or internal decoration or redecoration except where in the opinion of the DAC the work proposed is likely to affect the character of the church as a building of special architectural or historic interest; (iii) repairs (using matching materials); (iv) treatment of timber against beetle or fungal activity. 2. Work affecting fixtures (a) Repairs (i) repairs and alterations to an existing heating system; (ii) repairs to and redecoration of fixtures (with matching materials); (iii) 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 parts 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 non-ferrous fittings. (b) New work The following items of new work (except where the DAC has certified that the work proposed is likely to affect: (a) the character of the church as a building of special architectural or historic interest, or (b) the archaeological importance of the church, or (c) archaeological remains existing within the church or its curtilage): (i) 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 Chancellor s General Directions 20

21 (iii) (iv) (v) (vi) (vii) (viii) existing system; installation of a new electrical system or lighting or floodlighting including laying of electrical cables through the churchyard; installation of a wall offertory box; installation of a wall safe in a vestry; installation of a lightning conductor; installation of security cameras and alarms or closed circuit television security systems; installation of wire mesh window guards with non-ferrous fittings. 3. Work affecting movables (i) 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); (ii) 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; (iii) installation of minor items of furniture or minor fixtures in the church; (iv) provision of new or replacement carpets and curtains; (v) introduction of altar frontals and falls; (vi) a scheme for replacement of all or a substantial number of hassocks; (vii) laying up of banners; (viii) introduction of a Book of Remembrance and a stand for it; and (ix) removal or disposal of any items (iii)-(vii) above. 4. Work affecting churchyards (i) re-surfacing of paths in the same material resulting in the same appearance; (ii) repairs to walls, fences, gates and lych gates where matching materials are to be used; (iii) introduction of a garden seat (including any memorial inscription); (iv) provision or replacement or repainting in a new colour scheme of a noticeboard; (v) introduction of a free standing flagpole. Chancellor s General Directions 21

22 APPENDIX C BISHOP S REGULATIONS FOR THE RESERVATION OF THE BLESSED SACRAMENT 1. The Bishop regards it as the right of every priest who has the cure of souls to reserve the Sacrament in his church for the better discharge of that ministry. Where it is necessary to apply for a faculty for the installation, removal or alteration of any fixed or moveable item used in connection with reservation, the chancellor will generally expect the petition to be accompanied by a letter from the area bishop particularly if it is proposed that the practice of reservation be introduced or discontinued. 2. The Sacrament must be reserved in a dignified and secure way; this means in a locked steel safe, preferably on or near the east wall of the sanctuary or a chapel of the church. The steel safe may, where practicable, be embedded in the wall; the door of the safe may be decorated with an appropriate design. Alternatively the safe may be securely fastened to the wall on metal brackets, or it may be securely fastened to a shelf embedded in the wall; the steel safe may be enclosed in a welldesigned covering. Or the safe may be securely fastened to the top of a brick or stone plinth itself securely fixed in the floor. 3. There may be a white veil covering the steel safe, or a white curtain inside or outside its door. 4. The presence of the reserved Sacrament is usually indicated by a white light. 5. If a new place of reservation is to be provided this will require a faculty from the chancellor of the diocese. In the first instance there should be consultation with the archdeacon and with the DAC which will consider the architectural, archaeological and other aesthetic questions involved, and assist the parish in drawing up proposals which can be recommended to the chancellor. 6. If an existing place of reservation is to be brought back into use, the archdeacon must satisfy himself that it is both seemly and secure. 7. If the place of reservation is remote from an altar, a table or shelf will be needed in front of it, on which the reserved Sacrament may be placed when it is being got ready for taking to the sick, or renewed. 8. The reserved Sacrament is to be renewed every week. Chancellor s General Directions 22