Search Legislation

Care of Cathedrals Measure 1990 (No. 2) (repealed)

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Care of Cathedrals Measure 1990 (No. 2) (repealed) (Schedules only)

 Help about opening options

Version Superseded: 01/01/2008

Status:

Point in time view as at 07/02/2006.

Changes to legislation:

There are currently no known outstanding effects for the Care of Cathedrals Measure 1990 (No. 2) (repealed). Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULES

Section 3.

SCHEDULE 1U.K. The Cathedrals Fabric Commission for England

MembershipU.K.

1The Commission shall consist of a chairman, a vice-chairman and twenty-two other members.

2The chairman shall be a lay person appointed by the Archbishops of Canterbury and York after consultation with the Secretary of State for the Environment, and the vice-chairman shall be appointed by the Archbishops after consultation with the Standing Committee and with such organisation as appears to the Archbishops to be representative of the deans F1... of cathedral churches.

Textual Amendments

F1Words in Sch. 1 para. 2 omitted (7.2.2006) by virtue of Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 2; 2006 No. 1, Instrument made by Archbishops

Modifications etc. (not altering text)

C1Sch. 1 para. 2: Functions of Standing Committee transferred (1.1.1999) to Archbishops' Council by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

3Seventeen members of the Commission shall be appointed by the Archbishops of Canterbury and York as follows—

(a)one member shall be appointed on the nomination of the House of Bishops from among the members of that House;

(b)two members shall be appointed on the nomination of such organisation as appears to the Archbishops to be representative of the deans F2... of cathedral churches and at least one of those two members shall be a dean F2... of a cathedral church;

[F3(c)three members shall be appointed on the nomination of the Council for the Care of Churches, of whom two shall be selected from among the members of the Council or a committee thereof;]

(d)two members shall be persons holding office [F4as cathedral architects or surveyors of the fabric one of whom shall be appointed after consultation with the President of the Royal Institute of British Architects and the other shall be appointed after consultation with that President and the President of the Royal Institution of Chartered Surveyors ];

[F5(e)one member shall be an architect or chartered building surveyor appointed after consultation with the President of the Ecclesiastical Architects and Surveyors Association and one member shall be a chartered engineer appointed after consultation with the President of the Institution of Structural Engineers and the President of the Institution of Civil Engineers, being persons with experience of the care of historic buildings;]

(f)one member shall be a painter, sculptor or other artist, with experience of work for cathedral or other churches, who shall be appointed after consultation with the President of the Royal Academy of Art;

[F6(g)six members shall be appointed as follows—

(i)one shall be appointed after consultation with the Secretary of State;

(ii)one shall be appointed after consultation with the Chairman of English Heritage;

(iii)one shall be appointed after consultation with the President of the Council for British Archaeology and the President of the Society of Antiquaries of London;

(iv)two shall be appointed after consultation with the Chairman of the Liturgical Commission; and

(v)one shall be appointed after consultation with the Director of the Royal School of Church Music.]

Textual Amendments

F2Words in Sch. 1 para. 3(b) omitted (7.2.2006) by virtue of Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 3(a); 2006 No. 1, Instrument made by Archbishops

F3Sch. 1 para. 3(c) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 3(b); 2006 No. 1, Instrument made by Archbishops

F4Words in Sch. 1 para. 3(d) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 3(c); 2006 No. 1, Instrument made by Archbishops

F5Sch. 1 para. 3(e) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 3(d); 2006 No. 1, Instrument made by Archbishops

F6Sch. 1 para. 3(g) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 3(e); 2006 No. 1, Instrument made by Archbishops

[F73AAll the members of the Commission appointed in pursuance of paragraph 3(b) to (g) above shall be persons who between them have special knowledge of archaeology, architecture, archives, art, the care and conservation of books, manuscripts and other historic objects, history (including history of art and architecture) and liturgy (including church music).]

Textual Amendments

F7Sch. 1 para. 3A inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 4; 2006 No. 1, Instrument made by Archbishops

4Five members of the Commission, of whom at least one shall be a member of the administrative body of a cathedral church, shall be elected by the General Synod from among its members, each person so elected having knowledge of the ways in which cathedral churches are currently used and of their contribution to the work of the Church of England.

5No person who is a member of the administrative body or fabric advisory committee of any cathedral church or a member or officer of a relevant committee of any designated organisation shall be eligible for appointment as the chairman or vice-chairman of the Commission.

6The chairman and other members of the Commission shall hold office for five years beginning on [F8the first day of May] in the year next following the year in which the General Synod is dissolved and a new Synod comes into being.

Textual Amendments

F8Words in Sch. 1 para. 6 substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 5; 2006 No. 1, Instrument made by Archbishops

7Any member of the Commission shall on ceasing to hold office be eligible for re-appointment [F9or re-election] unless he became such a member by virtue of re-appointment [F9or re-election] under this paragraph [F9or appointment under paragraph 7A below following re-election under this paragraph]:

F10...

Textual Amendments

F9Words in Sch. 1 para. 7 inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 6; 2006 No. 1, Instrument made by Archbishops

F10Words in Sch. 1 para. 7 omitted (7.2.2006) by virtue of Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 6; 2006 No. 1, Instrument made by Archbishops

[F117AWhere a member of the Commission elected by the General Synod under paragraph 4 above has, following the dissolution of the Synod, not been re-elected to the new Synod, that person may be appointed by the Appointments Committee of the Church of England as a member and shall hold office until the thirtieth day of April following the year in which the new Synod comes into being.]

Textual Amendments

F11Sch. 1 para. 7A inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 7; 2006 No. 1, Instrument made by Archbishops

Casual VacanciesU.K.

8Where a casual vacancy occurs among the members of the Commission appointed by the Archbishops of Canterbury and York, the Archbishops, after such consultation as appears to them to be appropriate having regard to the knowledge or experience of the person whose place is to be filled, may appoint a person to fill the vacancy.

9Where a casual vacancy occurs among the members of the Commission elected by the General Synod, the General Synod may elect one of its members to fill the vacancy, the person so elected having knowledge of the matters mentioned in paragraph 4 above.

10Any person appointed or elected to fill a casual vacancy shall hold office only for the unexpired portion of the term of office of the person in whose place he is appointed or elected [F12, but shall be eligible for re-appointment or re-election for one further term of office in accordance with paragraph 7 above, and if the Archbishops of Canterbury and York so direct, shall be eligible for re-appointment or re-election for a second further term].

Textual Amendments

F12Words in Sch. 1 para. 10 added (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 1 para. 8; 2006 No. 1, Instrument made by Archbishops

SecretaryU.K.

11The Commission shall appoint a secretary to the Commission but no person shall be appointed who is a member or officer of the administrative body or fabric advisory committee of any cathedral church or a member of a relevant committee of any designated organisation.

CommitteesU.K.

12The Commission shall have power to appoint such committees as it considers expedient.

13Persons who are not members of the Commission may be appointed to any committee thereof, but the number of such persons appointed to a committee shall be less than half the total number of members of the committee.

ProceedingsU.K.

14The quorum of the Commission shall be eight members.

15Subject to paragraph 14 above, the Commission may act notwithstanding any vacancy in its membership.

16The Commission shall have power to hold public hearings in connection with any matter to be considered by it for the purpose of receiving oral representations from members of the public.

17Subject to the preceding provision of this Schedule and to any directions as to procedure given by the General Synod, the Commission shall have power to regulate its own procedure.

Designated organisationsU.K.

18The Archbishops of Canterbury and York acting jointly may designate the organisations which are to be “designated organisations” for the purposes of paragraphs 5 and 11 above and may specify the committees of those organisations which are to be “relevant committees” for the purposes of those paragraphs.

Section 4.

SCHEDULE 2U.K. Fabric Advisory Committees

MembershipU.K.

1The fabric advisory committee shall consist of—

(a)not less than three nor more than five members appointed by the administrative body after consultation with the Cathedrals Fabric Commission, [F13not being members of the Chapter or persons who are employed or hold paid office in the cathedral]; and

(b)not less than three nor more than five members appointed by the Commission after consultation with the administrative body, being persons having special knowledge with respect to the care and maintenance of buildings of outstanding architectural or historic interest and a particular interest in the cathedral church concerned.

The number of members to be appointed by the administrative body and by the Commission shall be the same in each case and shall be determined, on each occasion when the committee is appointed, by the administrative body after consultation with the Commission.

Textual Amendments

F13Words in Sch. 2 para. 1(a) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 2 (with Sch. 2 para. 9); 2006 No. 1, Instrument made by Archbishops

2The committee shall appoint a chairman from among its members.

[F143The dean of the cathedral, the administrator of the cathedral and such other members of the Chapter as the Chapter, after consulting the fabric advisory committee, considers appropriate, shall be entitled to attend, and to speak, at meetings of the committee or such meetings of the committee as may be specified by the Chapter, but no such person shall be entitled to vote.]

Textual Amendments

F14Sch. 2 para. 3 substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 3; 2006 No. 1, Instrument made by Archbishops

4It shall be the duty of the cathedral architect [F15or surveyor of the fabric] and the person (if any) holding office as [F16cathedral archaeologist] to attend meetings of the committee unless the chairman permits or directs otherwise.

Textual Amendments

F15Words in Sch. 2 para. 4 inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 4; 2006 No. 1, Instrument made by Archbishops

F16Words in Sch. 2 para. 4 substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 4; 2006 No. 1, Instrument made by Archbishops

5No person who holds any paid office in the Commission shall be eligible for appointment as a member of the committee.

6The members of the committee shall hold office for a period of five years but shall be eligible for reappointment.

7The committee shall appoint some person, whether or not a member of the committee, to be secretary of the committee [F17, provided that, in the case of a member of the Chapter or a person who is employed or holds paid office in the cathedral, the committee shall have particular regard to the question whether there is any conflict of interests which would make it inappropriate to appoint that person as the secretary].

Textual Amendments

F17Words in Sch. 2 para. 7 added (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 5; 2006 No. 1, Instrument made by Archbishops

8Any expenses properly incurred by a member of the committee for the purposes of this Measure shall be reimbursed by the [F18Chapter of the cathedral].

Textual Amendments

F18Words in Sch. 2 para. 8 substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 6; 2006 No. 1, Instrument made by Archbishops

Casual vacanciesU.K.

9Where a casual vacancy occurs among the members of the committee, the body which appointed the person whose place is to be filled may [F19after carrying out the like consultation as was required when the appointment was made] appoint a person to fill the vacancy, and any person so appointed shall hold office for the unexpired portion of the term of office of the person in whose place he is appointed.

Textual Amendments

F19Words in Sch. 2 para. 9 inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 7; 2006 No. 1, Instrument made by Archbishops

ProcedureU.K.

10The quorum of the committee shall be—

(a)six members, if the membership of the committee is ten;

(b)five members, if the membership of the committee is eight;

(c)four members, if the membership of the committee is six.

11Subject to paragraph 10 above, the committee may act notwithstanding any vacancy in its membership.

[F2011AThe business of the committee shall be decided by a majority of the members present and voting thereon and, in the event of an equal division of votes, the chairman shall have a second or casting vote.]

Textual Amendments

F20Sch. 2 para. 11A inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 2 para. 8; 2006 No. 1, Instrument made by Archbishops

12The committee shall hold not less than two meetings each year, and if three or more members, by notice sent to the secretary of the committee, request that a special meeting be held, such a meeting shall be held within four weeks of the sending of that notice.

13The secretary of the committee shall place on the agenda for the next meeting any matter requested by any member of the committee.

14The secretary of the committee shall before each meeting send to the administrative body and to the Commission a copy of the agenda for that meeting and shall after each meeting send to the administrative body and to the Commission a copy of the minutes of that meeting.

15Subject to the preceding provisions of this Schedule, the committee shall have power to regulate its own procedure.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources