§ Lord Kennetasked Her Majesty's Government:
Whether the statement (at line 10 et seq at paragraph A.6 of Annex A of the document The Ecclesiastical Exemption: What it is and How it Works issued by the Department of National Heritage) that "Other persons may become 'parties opponent' (whereupon they may become liable for costs) and may give evidence" before a Diocesan Chancellor in the case of proposed alterations and demolitions of church buildings, includes among those "other persons" the Advisory Board for Redundant Churches or the statutory amenity societies, and if so whether the Board and the amenity societies may effectively be fined by a Diocesan Chancellor for performing the duties they have been named by statute to perform.
The Parliamentary Under-Secretary of State, Department of National Heritage (Viscount Astor)The Statutory functions of the Advisory Board for Redundant Churches are set out in the Pastoral Measure 1983 and involve the giving of relevant information and advice to the Church Commissioners. The board would not expect to become involved in any faculty proceedings as a "party opponent".
The national amenity societies have no statutory functions in relation to faculty jurisdiction. If an amenity society is opposed to a faculty application, it can make itself a "party opponent" and the Chancellor has a discretion to award costs against it. However, there are other ways in which the societies can make their views known on a faculty application without becoming parties opponent. None of these involves any potential liability for costs.