(1) For the avoidance of doubt and without prejudice to the jurisdiction of consistory courts under any enactment or rule of law, it is hereby declared that the jurisdiction of the consistory court of a diocese applies to all parish churches in the diocese and the churchyards and articles appertaining thereto.
(2) Except as provided by subsection (3) below, a building licensed by the bishop of a diocese after the [extension of this section to the Isle of Man] for public worship according to the rites and ceremonies of the Church of England and all articles appertaining thereto shall be subject to the jurisdiction of the consistory court of the diocese as though the building were a consecrated church.
(3) Where the bishop of a diocese, after consultation with the advisory committee, considers that any building in the diocese so licensed should not be subject to the faculty jurisdiction he may by order direct that subsection (2) above shall not apply to the building.
(4) Where the bishop of a diocese, after consultation with the advisory committee, considers that any article appertaining to a building in the diocese so licensed in respect of which an order under subsection (3) above is in force should be subject to the faculty jurisdiction by reason of its being —
(a) of outstanding architectural, artistic, historical or archaeological value; or
(b) of significant monetary value; or
(c) at special risk of being stolen or damaged,
he may by order direct that the article shall be subject to the jurisdiction of the consistory court of the diocese during such period as may be specified in the order.
(5) Any article in respect of which an order under subsection (4) above is in force shall, during the period specified in the order, be subject to the jurisdiction of the court specified in the order as though it were an article appertaining to a consecrated church.
(6) An order under subsection (3) or (4) above may be varied or revoked by an order made by the bishop of the diocese concerned after consultation with the advisory committee.
(7) An order under this section which has the effect of subjecting an article to the faculty jurisdiction shall not render unlawful any act done before the making of the order nor shall require the issue of faculties confirming such acts.
(8) The chancellor of a diocese shall give written guidance to all parochial church councils, ministers and churchwardens in the diocese as to those matters within the jurisdiction of the consistory court which he for the time being considers, after consultation with the advisory committee, to be of such a minor nature that they may be undertaken without a faculty.
(1) A court shall not grant a faculty for the demolition or partial demolition of a church except on the grounds specified in this section.
(2) Subject to the following provisions of this section, a court may grant a faculty for the demolition of the whole or part of a church if it is satisfied that another church or part of a church will be erected on the site or curtilage of the church or part of a church in question or part thereof to take the place of that church or part of a church.
(3) Subject to the following provisions of this section, a court may grant a faculty for the demolition of part of a church if it is satisfied that —
(a) the part of the church left standing will be used for the public worship of the Church of England for a substantial period after such demolition; or
(b) such demolition is necessary for the purpose of the repair or alteration of the church or the reconstruction of the part to be demolished.
(4) The court shall not grant a faculty under subsection (2) or (3)(a) above unless —
(a) the person bringing proceedings for the faculty has —
(i) obtained the written consent of the bishop of the diocese concerned to the proceedings being brought; and
(ii) within the prescribed time, caused to be published in [such newspaper or newspapers published and circulating in the Isle of Man] as the court may direct a notice stating the substance of the petition for the faculty;
(b) the registrar has given notice in writing to . . . the advisory committee of the diocese concerned of the petition;
(c) the judge of the court has thereafter considered such advice as the advisory committee has tendered to the court; and
(d) the judge has heard evidence in open court, after application for the purpose has been made to the court in the prescribed manner, from [any person], unless in the opinion of the judge his application or the evidence which he gives is frivolous or vexatious.
[(5) Without prejudice to the requirements of subsection (4) above, the court shall not grant a faculty under subsection (2) or (3)(a) above in the case of a church which is registered in the Protected Buildings Register [or is in a conservation area] unless —
(a) the registrar has given notice in writing to the Department of Local Government and the Environment;
(b) the judge of the court has thereafter considered such advice as that Department may have tendered to the court;
[(c) reasonable access to the church has for a period of at least one month following the giving of the notice been made available to officers of that Department for the purpose of recording it, or that Department has stated in writing that it has completed its recording of the church or that it does not wish to record it.].]
(6) A court shall not grant a faculty under subsection (3)(b) above unless —
(a) the court is satisfied, after consultation with the advisory committee, that when the proposed repair, alteration or reconstruction is completed the demolition will not materially affect the external or internal appearance of the church or the architectural, archaeological, artistic or historic character of the church; or
(b) the requirements of subsection (4) above and also, in the case of a church which is [registered in the Protected Buildings Register] or in a conservation area, the requirements of subsection (5) above have been complied with.
(7) Anything done under or for the purposes of section 2 of the 1964 Measure and having effect immediately before the [extension of this section to the Isle of Man] shall continue to have effect and be deemed to have been done under or for the purposes of this section.