¹ A good summary of the way in which the ecclesiastical exemption operates can be found in T Sutton, ‘Contested Heritage and the Consistory Courts’ (2023) 25 Ecc LJ 171–191, at 173–175.

² Ecclesiastical Jurisdiction and Care of Churches Measure 2018, s 36(1).

³ Ecclesiastical Jurisdiction and Care of Churches Measure 2018, s 35.

⁴ Ecclesiastical Jurisdiction and Care of Churches Measure 2018, s 37(9).

⁵ Ecclesiastical Jurisdiction and Care of Churches Measure 2018, s 37(1)–(2).

⁶ Ecclesiastical Jurisdiction and Care of Churches Measure 2018, s 37(3).

⁷ Re St Alkmund, Duffield [2013] Fam 158, as clarified in Re St John the Baptist, Penshurst, Ct of Arches (unreported, 9 March 2015), para 22.

⁸ Ecclesiastical Jurisdiction and Care of Churches Measure 2018, s 36(2) and Sch 2.

⁹ Ecclesiastical Jurisdiction and Care of Churches Measure 2018, Sch 2, para 2(1), provides that the DAC consists of the Chair, the archdeacon of each archdeaconry in the diocese, and at least 12 other members. Of those 12, two are appointed by the bishop’s council of the diocese from among the elected members of the diocesan synod (Sch 2, para 2(3)(a)). At least ten are appointed by the bishop’s council after consultation with the Historic Buildings and Monuments Commission for England and the national amenities societies (Sch 2, para 2(3)(b)-(c)). In making appointments pursuant to Sch 2, para 2(3)(b), the bishop’s council must ensure that the persons so appointed have between them:

(a) knowledge of the history, development and use of church buildings,

(b) knowledge of Church of England liturgy and worship,

(c) knowledge of architecture, archaeology, art and history,

(d) experience of the care of historic buildings and their contents, and

(e) knowledge of environmental matters.

¹⁰ On the unique role archdeacons play in the Church of England more generally see C Hogger, ‘The Definition of an Archdeacon: Legal, Pastoral or Neither?’ (2023) 25 Ecc LJ 5–18.