Care of Cathedrals Measure 1990 (No. 2) (repealed)

Establishment and functions of the Cathedrals Fabric Commission and fabric advisory committees. U.K.

3 The Cathedrals Fabric Commission for England. U.K.

(1) There shall be established a body to be called the Cathedrals Fabric Commission for England (in this Measure referred to as “the Commission”) which shall have the functions assigned to it by this Measure.

(2) It shall be the duty of the Commission—

(a) to give advice to the [F1 Chapter] of a cathedral church, and to the fabric advisory committee, on the care, conservation, repair or development of the cathedral church[F2 , any buildings or archaeological [F3 or human] remains within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b) above];

[F4 (aa) to give advice to bishops and to the Vicar-General’s court when it is sought under the Care of Cathedrals (Supplementary Provisions) Measure 1994;]

(b) to consider and determine any application made to it in accordance with the provisions of this Measure by the [F1 Chapter of a cathedral];

(c) to promote co-operation between the Commission and organisations concerned with the care and study of buildings of architectural, archaeological, artistic or historic interest in England;

(d) to assist the [F1 Chapters of cathedrals] by participating in educational and research projects which in the view of the Commission will promote the care, conservation, repair or development of cathedral churches and their ancillary buildings; and

(e) to maintain jointly with the Council for the Care of Churches, a library of books, plans, drawings, photographs and other material relating to cathedral [F5 and other] churches and the objects in them.

[F6 (2A) It shall also be the duty of the Commission to promote, in consultation with Chapters, fabric advisory committees and such other persons or organisations as it thinks fit, by means of guidance or otherwise, standards of good practice to be observed in relation to—

(a) the matters referred to in subsection (2)(a) above;

(b) the role and duties of cathedral architects or surveyors of the fabric and cathedral archaeologists;

(c) the compilation, maintenance and dissemination of information of architectural, archaeological, artistic and historic interest concerning cathedral churches, buildings and archaeological remains within their precincts and any objects referred to in section 2(1)(b) above; and

(d) the form and content of the records required to be kept by the Chapter under section 14B(a) below.]

(3) The provisions of Schedule 1 to this Measure shall have effect with respect to the Commission.

Textual Amendments

F1 Words 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

F2 Words in s. 3(2)(a) added (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 2(1), 20(3); 2007 No. 2, Instrument made by Archbishops

F3 Words in s. 3(2)(a) inserted (1.7.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 10(3)(b), 13(2); 2010 No. 2, art. 2, Sch. 1

F4 S. 3(2)(aa) inserted (1.10.1994) by 1994 No. 2, s. 7(3); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

F5 Words in s. 3(2)(e) inserted (1.1.2008) by Dioceses, Pastoral and Mission Measure 2007 (No. 1), ss. 63(5), 66(2); 2007 No. 3, Instrument made by Archbishops

F6 S. 3(2A) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 2(2), 20(3); 2007 No. 2, Instrument made by Archbishops

4 Establishment of fabric advisory committees. U.K.

(1) The [F1 Chapter of every cathedral] and the Commission shall jointly establish a committee, to be called the fabric advisory committee, which shall have the functions assigned to it by this Measure.

(2) It shall be the duty of the fabric advisory committee—

(a) to give advice to the [F1 Chapter of a cathedral] on the care, conservation, repair or development of the cathedral church [F7 , any buildings or archaeological remains within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b) above ]; and

(b) to consider and determine any application made to it in accordance with the provisions of this Measure by the [F1 Chapter of a cathedral].

(3) The provisions of Schedule 2 to this Measure shall have effect with respect to fabric advisory committees.

Textual Amendments

F1 Words 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

F7 Words in s. 4(2)(a) added (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 3, 20(3); 2007 No. 2, Instrument made by Archbishops

[F8 5 Powers of fabric advisory committee in relation to application of section 2. U.K.

(1) The fabric advisory committee shall have power—

(a) if requested to do so by the Chapter, to determine whether, under section 2(1) above, an application for approval of a proposal by the Chapter is required to be made; and

(b) after consultation with the Chapter and subject to the agreement of the Commission, to determine that section 2 above is not to apply to proposals of any class or description specified by the committee, and to vary or revoke any determination made under this paragraph.

(2) If the Chapter wishes to have it determined whether a proposal is one to which section 2 above does not apply by virtue of subsection (1)(b) above the fabric advisory committee shall have power to determine that question.

(3) Where the Commission has made a determination under section 6(2) below in relation to any matter, the fabric advisory committee shall not make a determination under subsection (1)(a) above in relation to the same matter.]

Textual Amendments

F8 S. 5 substituted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 4, 20(3); 2007 No. 2, Instrument made by Archbishops