Diocese of Sodor and Man

Sodor and Man Diocesan Registry

Faculty Procedure — Memorial

This guidance is for private persons who wish to apply for a faculty to permit the erection of a gravestone or other memorial (or an inscription on a memorial) in a burial ground, where permission has been refused by the incumbent (vicar or rector).

See separate pages:

for an application by the minister and churchwardens of a parish on behalf of the parochial church council or burial authority
for an application by a private person —

for exhumation of human remains (including cremated remains)

for any other works or purposes

Permission by minister for memorial or inscription

The incumbent (vicar or rector) of an ecclesiastical parish is authorised by the Vicar General (the judge of the ecclesiastical court of the Isle of Man) to grant permission for —

the erection of a gravestone or other memorial in a parish burial ground in the parish, or
an inscription on such a memorial

provided that the memorial or inscription meets the requirements set out in the Vicar General's delegated authority.

If the incumbent refuses permission for the proposed memorial or inscription, it must not be erected or made except by authority of a faculty (the formal permission of the Vicar General).

Application for a Faculty

The application for a faculty must be made in writing to the Diocesan Registry by the executor(s) or the next-of-kin of the deceased. If for some reason the application is lodged by a person who is not an executor or the next-of-kin, an explanation must be given.

The address of the Registry is:

Sodor and Man Diocesan Registry
Stamford House
Piccadilly
York YO1 9PP

The applicant should send the following to the Registry:

the application form, fully completed (PDF or Word)
the other documents specified in the application form, as appropriate
the fees payable (see below)

The applicant should take care to complete the application form in full, and to sign and date it. If the form is incomplete, or is not accompanied by all the required documents, it will be returned to the applicant for completion in full; this will delay the process.

If assistance is required in completing the application, please either email the Registry Assistant or telephone 01904 623487.

Fees

There are fees payable on lodging an application for faculty; failure to send the fees with the application will delay the process. Please staple two cheques to the application form as follows:

£220.00 made payable to "Sodor and Man Diocesan Registry" (the Registrar's fee)
£53.00 made payable to "Mr W H Connell" (the Vicar-General's fee)

Consultation with Diocesan Advisory Committee

The Registrar will check that the application is complete and in order and will then send the documents to the Diocesan Advisory Committee for the Care of Churches ("DAC").

The DAC will either recommend the works, not recommend the works, or not object to the works. The DAC will send its advice in Form 2 to the applicant.

Public notice of proposals

Upon receipt of Form 2, if the applicant wishes to proceed with the application, the applicant must then give 28 days' public notice of the proposals using Form 4 (PDF or Word). The Registry is able to give further guidance on the display of public notices.

If any objections are received, it is likely that additional fees will be incurred. Further fees may also be payable if the Vicar General issues directions, or if further work is required to be done by either the Vicar General or the Registrar.

Consideration of application

After the application has been lodged in the Registry and the requisite public notice given, the application will be sent to the Vicar General for his decision. It is the Vicar General who decides whether a faculty should be granted. The faculty is the legal authority for the erection of the memorial on the grave or the making of the inscription.

The proposed memorial or inscription must not be erected or made until a faculty has been granted.
An order should not be placed with a monumental mason until a faculty has been issued.
If a memorial is erected or an inscription made without the authority of a faculty, application may be made to the ecclesiastical court for an order for its removal; whoever erected the memorial or made the inscription may be required to pay the costs of that application and the expense of removal.
If work is done without authority, it is likely that additional fees will be incurred.

If a faculty is not granted, the fees will not be returned.

November 2019