Care of Cathedrals Measure 1990

Appeals E+W+S+N.I.

9 Appeals to Cathedrals Fabric Commission. E+W+S+N.I.

(1) Where, on an application made by the administrative body for the approval of the fabric advisory committee, approval is refused or is given subject to conditions, the administrative body may within the prescribed period appeal to the Commission.

(2) Where, on an application made by the administrative body for the approval of the fabric advisory committee, the application is not determined by the fabric advisory committee within the period of three months immediately following the making of the application, the administrative body may, by notice given within the prescribed period to the Commission, request that the application be dealt with by the Commission.

(3) The Commission, on considering an appeal under subsection (1) above may reverse, confirm or vary the decision of the fabric advisory committee or any part thereof.

(4) The Commission, on dealing with an application for approval under subsection (2) above, shall, after considering any representations made to the fabric advisory committee under section 7 of this Measure, determine whether to give its approval to the proposal, either unconditionally or subject to such conditions as it may specify, or whether to refuse to give its approval; and any such determination shall have effect as if it had been given by the fabric advisory committee.

10 Commission of Review. E+W+S+N.I.

(1) Where—

(a) on an application for approval made to the Commission (including an application being dealt with by the Commission under section 9(2) of this Measure), the Commission refuses to give its approval or gives approval subject to conditions, or

(b) on an appeal to the Commission under section 9(1) of this Measure, the Commission refuses to give its approval or refuses to reverse or vary conditions subject to which approval was given by the fabric advisory committee,

the administrative body may, by notice given within the prescribed period to the registrar of the province in which the cathedral church is situated, request that the decision of the Commission be reviewed by a Commission of Review constituted under this section.

(2) Where, on an application for approval made to the Commission (including an application being dealt with by the Commission under section 9(2) of this Measure) or on an appeal to the Commission under section 9(1) of this Measure, the application or appeal is not determined by the Commission within the period of three months immediately following the end of the period prescribed for the purposes of section 8 or section 9(1) or (2), as the case may be, the administrative body may, by notice given within the prescribed period to the registrar of the province in which the cathedral church is situated, request that the application or appeal be dealt with by a Commission of Review constituted under this section.

(3) A Commission of Review shall be constituted of—

(a) the Dean of Arches and Auditor or a person appointed by him, being a person who is qualified under section 3(3) of the Ecclesiastical Jurisdiction Measure 1963 to be appointed Dean of the Arches and Auditor;

(b) one person appointed by the Archbishops of Canterbury and York, being a person who is or has been a dean, provost or residentiary canon of a cathedral church other than the cathedral church to which the application or appeal relates; and

(c) one person appointed by the Secretary of State for the Environment, being a person who has special knowledge of the architecture, archaeology, art (including history of art) or history of cathedral churches;

but no person who has been a member of the Cathedrals Fabric Commission at any time during the preceding five years shall be appointed under paragraph (b) or (c) above.

(4) A Commission of Review, on reviewing a decision of the Cathedrals Fabric Commission, may reverse, confirm or vary that decision or any part thereof.

(5) A Commission of Review, on dealing with an application for approval under subsection (2) above, shall, after considering any representations made to the Commission under section 8 of this Measure, determine whether to give its approval F1 . . ., either unconditionally or subject to such conditions as it may specify, or whether to refuse to give its approval; and any such determination shall have effect as if it had been given by the Commission.

(6) A Commission of Review, on dealing with an appeal under subsection (2) above, may reverse, confirm or vary the decision of the fabric advisory committee or any part thereof.

(7) The decision of a Commission of Review shall be final.

Annotations:

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Amendments (Textual)

F1 Words in s. 10(5) omitted (1.10.1994) by virtue of 1994 No. 2, s. 7(6); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York