The Faculty Jurisdiction Rules and Net-Zero Carbon Initiative Summary
The Church of England is taking significant steps to address the climate emergency by aiming for net zero emissions by 2030. This involves year-on-year reductions and adherence to net zero guidance. The duty to have due regard to the guidance is outlined, emphasizing the importance of following it unless there are compelling reasons not to. The changes introduced in the Faculty Jurisdiction Rules 2022 reflect the Church's commitment to combating the climate crisis. Moreover, the process of obtaining permission for eco-friendly initiatives like installing solar panels or electric vehicle charging points has been made easier. Specific requirements for obtaining faculty approval for certain upgrades, such as fossil fuel boiler replacements, are also highlighted.
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The Faculty Jurisdiction Rules and Net-Zero Carbon Louise Connacher Registrar of the Province of York Everyone's Law Firm
General Synod Resolution. That this Synod, recognising that the global climate emergency is a crisis for God s creation, and a fundamental injustice call upon all parts of the Church of England, including parishes, BMOs, education institutions, dioceses, cathedrals, and the NCIs, to work to achieve year-on-year reductions in emissions and urgently examine what would be required to reach net zero emissions by 2030 in order that a plan of action can be drawn up to achieve that target. Everyone's Law Firm
Changes from 1 July 2022. The Faculty Jurisdiction (Amendment) Rules 2022 The Faculty Jurisdiction Rules 2015 The changes represent a positive and proportionate part of the Church s response to the Climate Emergency. Morag Ellis QC, Dean of Arches Everyone's Law Firm
Duty to have due regard. New requirement, when a proposal involves a matter to which net zero guidance applies, to have due regard to the net zero guidance issued by the CBC on reducing carbon emissions. Available here: https://www.churchofengland.org/resources/church care/net-zero-carbon-church Everyone's Law Firm
Definition of the duty. The person to whom the guidance is directed is not free to choose whether or not to follow the guidance. As a matter of law, the guidance should be given great weight and must be followed unless there are cogentreasons for not doing so. Cogentreasons are reasons that are clear, logical and convincing. Everyone's Law Firm
Easier to obtain permission. Draught-proofing doors/windows Pipework insulation Low energy light fittings New non-fossil-fuel boilers Roof insulation Soft furnishings Electric vehicle charging points Solar panels Electric pew heaters Everyone's Law Firm
Faculty now required for:. Like-for-like replacement of fossil fuel boilers Replacement of oil tanks Everyone's Law Firm
Examples from case law Re St Mark s Church, Mitcham [2020] ECC Swk 5 Re St Thomas & St Luke, Dudley [2021] ECC Wor 2 Re St Mary the Virgin, Welling [2022] ECC Swk 3 Re Christ Church, Dore [2022] ECC She 2 Everyone's Law Firm
