(1)Where, on an application made by the [F1Chapter] for the approval of the fabric advisory committee, approval is refused or is given subject to conditions, the [F1Chapter] may within the prescribed period appeal to the Commission.
(2)Where, on an application made by the [F1Chapter] 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 [F1Chapter ] 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.
Textual Amendments
F1Words in Measure substituted by 1999 No. 1, s. 36(1A) (as inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 10); 2007 No. 2, Instrument made by Archbishops
(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 [F1Chapter] 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 [F1Chapter] 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 F2. . ., 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.
Textual Amendments
F1Words in Measure substituted by 1999 No. 1, s. 36(1A) (as inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 10); 2007 No. 2, Instrument made by Archbishops
F2Words 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
(1)Any approval given to an application under this Measure shall lapse at the expiry of the period of ten years from the date on which notice of the decision is given to the Chapter, provided that the body which gave the approval may extend that period by such period as it may specify.
(2)As soon as possible after the completion of any work for which approval has been given, the administrator of the cathedral shall notify the fabric advisory committee or the Commission, as the case may be, of the date of the completion.
(3)In subsection (1) above, the reference to the date on which notice of the decision is given shall, in the case of an appeal to the Commission under section 9(1) above or an application for review by a Commission of Review under section 10(1) above, be construed as a reference to the date on which notice of the decision of the Commission or, as the case may be, of the Commission of Review, is given to the Chapter.
(4)Subsection (1) above shall apply to approvals given before the date of the coming into force of section 9 of the Care of Cathedrals (Amendment) Measure 2005 as if for the reference to ten years from the date referred to therein there were substituted a reference to ten years from the date of the coming into force of the said section 9.
Textual Amendments
F3Ss. 10A, 10B inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 9, 20(3); 2007 No. 2, Instrument made by Archbishops
(1)The Commission and any fabric advisory committee shall each keep a register, in the prescribed form, of applications for approval dealt with by them and shall make such arrangements as are prescribed—
(a)for inspection of the registers by any person;
(b)for the supply, on application by any person, of extracts of that part of the register which relates to an application for approval specified by that person;
(c)for enabling the Commission or a fabric advisory committee to supply, if it thinks fit, copies of the whole register or further parts of it, on application by any person.
(2)The Commission or any fabric advisory committee may impose a fee of a reasonable amount for the supply of copies of or extracts from the register under subsection (1) above and the amount charged may vary according to the circumstances.]
Textual Amendments
F3Ss. 10A, 10B inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 9, 20(3); 2007 No. 2, Instrument made by Archbishops
(1)Where the Commission or a fabric advisory committee has refused approval for a proposal from a Chapter of a cathedral for the carrying out of works by a tenant for which the Chapter's consent is required or given approval subject to conditions, the tenant may, whether or not the Chapter has appealed against the refusal or the imposition of conditions, or requested that the decision be reviewed by a Commission of Review, as the case may be, within the prescribed period, appeal to the Commission (against a decision of a fabric advisory committee) or request that a decision of the Commission be reviewed by a Commission of Review constituted under section 10 above.
(2)A tenant who appeals or requests a review under subsection (1) above shall give written notice of the appeal or review to the Chapter.
(3)The Chapter shall be entitled to appear at the proceedings on any appeal or review under subsection (1) above.
(4)Sections 9(3) and 10(4) above shall apply to an appeal or review under subsection (1) above as they apply to an appeal or review under those sections.]
Textual Amendments
F4S. 10C inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 10, 20(3); 2007 No. 2, Instrument made by Archbishops