All applications for works to churches can be made through the online faculty system.

Revised Faculty Rules

REVISED FACULTY JURISDICTION RULES AND CHANGES TO THE ONLINE FACULTY SYSTEM

Revised Faculty Jurisdiction Rules will come into legal effect on 1^st April 2020.

Some of the more significant changes that will impact on parishes are:

Lists A and B

There is a significant increase in the range of items that can be undertaken under Lists A (simply record the works on the Online Faculty System) and List B (where an Archdeacon can authorise the works). This will lead to a reduction in the number of applications where a full faculty is needed.

A link to the revised Lists A and B is given here:

http://www.legislation.gov.uk/uksi/2019/1184/article/20/made

Consultation with External Bodies (Historic England, Amenity Societies etc).

The intention is to ensure that consultation with these bodies is carried out as early in the process as possible so as to avoid any undue delay later in the process.

The previous 28-day period for receipt of responses to consultation has been extended to 42 days: this is in recognition that the previous period was too short for bodies to be able to respond properly. Responses were often received after the 28-day period leading to delay and inconvenience at a very late stage in the process.

The consequence of this is that a Notification of Advice may not be issued until all the required response have been received or the 42-day period has expired if later. After the end of the 42-day period if any of the bodies consulted have not responded then they are deemed to be “out of time”. It is recognised that this may appear to delay matters, but it is hoped the benefit will be greater clarity and certainty.

At present, some consultation responses where the change is relatively minor or uncontentious are well within the current 28 days period and it is expected that this will continue.

Archdeacons’ Licences

The maximum period for a temporary minor re-ordering for which an Archdeacon may give a Licence will be extended to 24 months (from 15 months).

Online Faculty System

There are various changes to the detail, most of which will become apparent as an application is completed.

One notable addition is in the introduction of a “DAC Initial Review” stage near the start of a full faculty application where specific guidance and advice can be given before parishes expend a lot of effort in completing the whole application. This is designed to save parishes any unnecessary work.

There are also changes to consultations as outlined above and in the display of Public Notices. For example, it will no longer be necessary to send a signed paper copy to certify that the Notice has been displayed – this can be done electronically.

There are too many changes to be able to detail them all in a short note such as this.

As always advice and guidance is available from the DAC office in Church House.

e-mail: dac@derby.anglican.org or telephone Nigel Sherratt on 01332 388683 or Sarah Legg (usual working days Monday and Tuesday) on 01332 388657.

>> Download a copy of the above guidance [PDF]

Current Faculty Rules

The current Faculty Jurisdiction Rules came into force in January 2016. This means:

There is a national ‘A List’ of works which can be carried out on your church without a Faculty.

The A List can be found in Schedule I, Table 1 of the Faculty Jurisdiction Rules 2015: http://www.legislation.gov.uk/uksi/2015/1568/pdfs/uksi_20151568_en.pdf

There is a national ‘B List’ of works which can be carried out once the written permission of the Archdeacon has been obtained.

Most of these will be repairs and routine maintenance or small works identified in the QI report.

The Archdeacon must consult the DAC (usually via the Secretary) for informed informal advice, but this should be a speedy and simple process enabling parishes to get on with the work without delay.

The Archdeacon may set conditions on the way the works are carried out.

The B List can be found in Schedule I, Table 2 of the Faculty Jurisdiction Rules 2015: http://www.legislation.gov.uk/uksi/2015/1568/pdfs/uksi_20151568_en.pdf

All other works require a Faculty.

>> Please also see the Guidance Notes

Registering with the online faculty system (OFS):

It is recommended that each parish nominates at least two people who will register their church onto the system and administer faculty applications on behalf of the PCC.

All requests to register will have to be approved by the DAC secretary to ensure only those who have a right to use the system can do so.

Nominees could be one of the clergy and a churchwarden, the church treasurer, PCC member or parish secretary/administrator. 

The OFS can be accessed by going to the following link.

https://facultyonline.churchofengland.org

Please click on "Register" at the top of the home page and complete your details and submit.

The DAC office will then recieve an email and one of us has to 'approve' your registration.

Please note that when you register there is one tab saying 'identity', into which you write contact details and another labelled 'profile'.

On the profile section please write/select the church for which you are representing otherwise even if you are approved you will not be able to start an application.

Anyone experiencing difficulties with their online application should contact the DAC office.

Nigel Sherratt (DAC Secretary) and Sarah Legg (DAC administrator) can be contacted by email: DAC@derby.anglican.org 

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