The Registrar is Caroline Mockford and the Faculty Secretary is Hazel Bell. They may be contacted by writing to Diocesan Registry, Stamford House, Piccadilly, York YO1 9PP, by telephone on 01904 623487 or by e-mail to email@example.com.
For a full list of faculty documents issued by the Diocesan Registry please scroll down
Churches and Churchyards
A faculty or permission is required from the Court for all repair and other work done in churches and churchyards. This is a requirement of law and the procedure for application is prescribed by the Faculty Jurisdiction Rules 2015. It is for the Chancellor of the Consistory Court to determine each application (called a Petition for Faculty) after receiving advice from the Diocesan Advisory Committee for the Care of Churches and consideration of representations from statutory consultees or objections received in response to public notice.
The Archbishop of York and the Chancellor have provided a joint statement entitled This Church, its fixtures, furnishings and contents and the churchyard. Also published by the Chancellor is Guidance on Various Churchyard Matters concerning memorials and headstones, management and maintenance of the churchyard, burial and commemoration after cremation.
Advice on whether a faculty is required for particular proposals is available from the Archdeacon, the Secretary of the Diocesan Advisory Committee for the Care of Churches or the Diocesan Registrar. Guidance to parishes about the faculty procedure and forms of Petitions for Faculty (application forms) are available from the DAC Secretary and the Faculty Secretary. Petitioners (applicants who need to complete and sign the forms) are usually the minister in charge of the particular church and the two churchwardens.
Accidents in churchyards which cause injury do, unfortunately, occur from time to time. There have been cases of death as well as serious injury caused by headstones, box tombs, and table top tombs which have been in a dangerous condition and have fallen or collapsed. Notes of Guidance entitled Churchyards: Broken and Dangerous Gravestones issued by the Registrar and DAC Secretary provide information and guidance on the legal position and good practice in this area.
It is the obligation of every PCC of a church which has a churchyard which is used for burials or for the burial of cremated remains to hold and to keep up to date a plan of the churchyard. The Churchyard Plans and Regulations 1992 sets out the requirements for the plan.
Diocesan Advisory Committee for the Care of Churches
The role of the DAC is to act as an advisory body on matters affecting churches in the Diocese and in particular to offer formal advice to the Chancellor of the Diocese on all petitions for faculties proposing alterations, repairs and additions to church buildings, their contents, their churchyards and curtilage structures.
York DAC has its own web pages at www.dioceseofyork.org.uk/dac. On the DAC website there are a number of Guidance Notes concerning the care of your church building. Having explored the DAC web pages should you require a petition for faculty form, or further information and advice you should contact either the Secretary (Catherine Copp 01904 699522; firstname.lastname@example.org).
The procedure for an interim Faculty enables emergency works to be put in hand before a Faculty has been issued. A note of guidance entitled "Emergency Work: procedure for an appication for an interim faculty" sets out the circumstances where such an application is appropriate. In addition, the Chancellor has issued a Practice Direction.
Memorials and Headstones in Churchyards
The introduction and placing of a memorial to mark a burial in a churchyard first requires a permission in writing. Permission may be given by the minister in charge of the churchyard if the proposed memorial comes within the Churchyard Memorial Rules 2013. Application to the minister must be made on the Application Form. A faculty is required for a memorial which is outside the Churchyard Memorial Rules 2013, or if the minister in charge declines to deal with the application.
The 2013 Rules came into force on 18 October 2013 and replace the Churchyard Memorials Rules 2005. They should be read in conjunction with Guidance on Various Matters from the Chancellor. The Application Form is attached to the Rules, and both may be downloaded.
Changes made by the 2013 Rules include:
- Memorials Marking the Burial of Cremated Remains: this section has been substantially re-written
- Memorials Inside Churches: this has been expanded and now includes a brief explanation of legal principles that need to be observed ("the five year rule") and ownership of the memorial.
- Inscriptions: this section has been revised and also includes guidance on inscriptions in a language other than English, inscriptions on the reverse side of the memorials and also states Quick Response Codes are not permitted. A letter from the Chancellor concerning Quick Response: Codes on Memorials is also available here.
The Petition to apply for a Faculty for a Memorial outside the 2013 Rules and Notes of Guidance may be downloaded.
Guidance to clergy, monumental masons and members of the public concerning the introduction and placing of memorials is available from the Faculty Secretary and the DAC Secretary.
The reservation of a space for the burial of a body or cremated remains
A faculty is required and guidance is available from the Faculty Secretary. For guidance on any of the above, contact the Faculty Secretary either by writing to the Registry or e-mailing email@example.com.
Frequently Asked Questions
Is a faculty required (a) to fit a lightning conductor and (b) to regularly maintain it?
(a) The installation of a lightning conductor is work included in List B in the Faculty Jurisdiction Rules 2015. Work in List B requires the permission of the Archdeacon. The parochial church council's insurers must be informed of the proposal and the work must be carried out by a specialist contractor approved by the insurer.
(b) Work to an existing lightning conductor, including works of maintenance is included in List A in the Faculty Jurisdiction Rules 2015. This work does not require permission as long as the parochial chuch council's insurers are informed of the proposed work and the work is carried out by a specialist contractor approved by the insurer. If it is not possible to comply with these conditions, faculty permission is required. Even though this is List A work, parishes are encouraged to discuss the proposed work with Catherine Copp, the DAC Secretary, on an informal basis. This ensures that no issues arise in connection with the work that would require faculty permission. Parishes are encouraged to log the proposed work on the online faculty system for record keeping purposes. Parishes that do not currently use the online system are encouraged to sign up for it. Catherine Copp can provide further details of the online system.
What are the guidelines to be applied by the minister in charge of a churchyard when considering a request for a memorial?
It is important to recognise that the next of kin of the deceased do not own the land in which a body is buried. The family of the deceased has no proprietorial rights over the grave and lawful authority must first be obtained before a memorial is placed upon the land. This lawful authority is in the form of a faculty granted by the Chancellor or by permission under the Churchyard Memorial Rules 2013 given by the minister in charge of the churchyard.
Further information can be found in The Churchyard Memorial Rules 2013 and in the document "Guidance on Various Churchyard Matters from the Chancellor of the Diocese" .
The following documents may be downloaded, including application forms with notes of guidance about procedure and fees:
- The Archbishop of York's and Chancellor's Statement: This Church, its fixtures, furnishings and contents and the churchyard 114kb
- Churchyard Memorial Rules 2013 121kb
- Churchyard Memorial Rules 2013 - application form 22kb
- Guidance on various Churchyard matters from the Chancellor of the Diocese 81kb
- Churchyard Plans and Records Regulations 1992 69kb
- Churchyards: Broken and Dangerous Gravestones
- Application for an Interim Faculty - (Practice Direction 2014 No 1) 31kb
- Theft of lead and lead flashings - (Practice Direction 2014 No 3) 232kb
- Reservation of a space for a grave - petition form
- Reservation of a space for a grave - notes of guidance
- Reservation of a space for a double depth burial for 2 coffins - petition form
- Reservation of a space for a double depth burial for 2 coffins - notes of guidance
- Reservation of a space for cremated remains - petition form
- Reservation of a space for cremated remains - notes of guidance
- Erection or placing of a memorial outside the Churchyard Memorial Rules 2013 - petition form
- Erection or placing of a memorial outside the Churchyard Memorial Rules 2013 - notes of guidance
- Parochial Fees Order 2015.pdf
- Emergency work: procedure for an application for an Interim Faculty 39kb
- Judgment Beverley St Nicholas - removal of redundant heating system, demolish redundant boiler house,
- Churchyards: Orders Requiring the Discontinuance of Burials and Transfer of Maintenance Responsibilities to Local Authority
- Consecration of Burial Ground: Churchyard or Cemetery
- Reordering Memorials in Churchyards
- Re-using a churchyard for second / further burials
- Closed Churchyards and Burial of Cremated Remains
- Deposit of Gold, Silver, Pewter or other valuable object in a Museum
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