Ecclesiastical Jurisdiction and Care of Churches Measure 2018

Summary

The Ecclesiastical Jurisdiction and Care of Churches Measure 2018 consolidated and modernised the law governing ecclesiastical courts and the faculty jurisdiction in the Church of England. It replaced and repealed the Ecclesiastical Jurisdiction Measure 1963 and the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. The Measure provides a comprehensive framework for: the faculty jurisdiction (ecclesiastical planning permission for alterations to church buildings, their contents, and churchyards); the structure and procedure of the ecclesiastical court system including Consistory Courts, the Court of Arches, and the Chancery Court of York; clergy discipline proceedings and sanctions; and the responsibility of incumbents, churchwardens, and other officers for the care of churches. The faculty jurisdiction requires any person proposing to alter, add to, demolish, or otherwise materially affect a church building or its contents to obtain a faculty from the Consistory Court (or proceed under Lists A/B for minor works). This jurisdiction operates in parallel with secular planning law and listed building consent — significant church buildings require both secular consent and a faculty. Breaching the faculty jurisdiction is a criminal offence. The Measure came into force on 1 July 2018.

Key Points

• Faculty jurisdiction — any material alteration, addition, removal, or demolition affecting a church building, its contents, or churchyard requires a faculty (ecclesiastical permission) granted by the Diocesan Chancellor in the Consistory Court
• Lists A and B — the Faculty Jurisdiction Rules provide that specified minor works are either unrestricted (List A — no permission needed) or may be approved by the archdeacon without a full faculty (List B — archdeacon's approval only)
• Consistory Court — the bishop's court in each diocese, presided over by the Chancellor (a legally qualified person appointed by the bishop), who acts as an ecclesiastical judge in faculty applications and discipline cases
• Clergy discipline — the Measure provides for proceedings against clergy for conduct unbecoming or inappropriate to the office, including gross neglect of duty; sanctions range from rebuke to removal from office
• Court of Arches (Province of Canterbury) and Chancery Court of York (Province of York) — provincial appellate courts for faculty and discipline matters
• Interface with secular law — the faculty jurisdiction operates alongside secular listed building consent and planning permission; major church works may require both

Parts & Sections

Amendments History

Frequently asked questions

What is the Ecclesiastical Jurisdiction and Care of Churches Measure 2018?

The Ecclesiastical Jurisdiction and Care of Churches Measure 2018 consolidated and modernised the law governing ecclesiastical courts and faculty jurisdiction in the Church of England. It replaced the Ecclesiastical Jurisdiction Measure 1963 and the Care of Churches and Ecclesiastical Jurisdiction Measure 1991, providing a comprehensive framework for church alterations, court procedures, and clergy discipline.

What is a faculty and when is it required for church works?

A faculty is ecclesiastical planning permission required for any material alteration, addition, removal, or demolition affecting a church building, its contents, or churchyard. It is granted by the Diocesan Chancellor in the Consistory Court. However, minor works listed in List A do not require permission, and List B works may be approved by the archdeacon without a full faculty.

What is the role of the Consistory Court in church matters?

The Consistory Court is the bishop's court in each diocese, presided over by the Chancellor, a legally qualified person appointed by the bishop. The Chancellor acts as an ecclesiastical judge to grant or refuse faculties for works in churches and churchyards, and also handles clergy discipline cases within the diocese.

Do I need both secular planning permission and a faculty for church alterations?

Yes, the faculty jurisdiction operates in parallel with secular planning law and listed building consent. Significant church buildings may require both secular consent and a faculty. Undertaking works without the necessary faculty, unless exempted under List A or approved under List B, is a criminal offence.

Which courts handle appeals against faculty decisions?

The Court of Arches in the Province of Canterbury and the Chancery Court of York in the Province of York serve as provincial appellate courts. They hear appeals from Consistory Courts regarding faculty and discipline matters. Each court has a Dean appointed by the respective Archbishop to preside over these appeals.