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Care of Cathedrals Measure 1990 (No. 2)

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This is the original version (as it was originally enacted).

18Power to exclude parish church cathedrals

(1)Subject to subsection (2) below the Standing Committee may, on the petition of the administrative body of a parish church cathedral, by order direct that this Measure shall not apply to the parish church cathedral and that the parish church cathedral shall be subject to the faculty jurisdiction of the consistory court.

(2)The Standing Committee shall not make an order under subsection (1) above unless it has consulted the Commission and the fabric advisory committee of the parish church cathedral and is satisfied that—

(a)the making of the order is appropriate having regard to the architectural, archaeological, artistic and historic character of the parish church cathedral; and

(b)appropriate arrangements will exist for the giving of advice to the administrative body on the care, conservation and repair of the parish church cathedral.

(3)An order under subsection (1) above may include such provision as the Standing Committee considers necessary or expedient as to the performance of functions conferred on archdeacons by any enactment in relation to the faculty jurisdiction of consistory courts.

(4)Where an order made under subsection (1) above is in force in relation to a parish church cathedral, section 10(2)(b) of the [1963 No. 2.] Cathedrals Measure 1963 shall not apply to the parish church cathedral, and any provision of the constitution and statutes of the parish church cathedral abolishing or excluding the faculty jurisdiction of the consistory court shall not have effect.

(5)Where an order made under subsection (1) above has been in force in relation to a parish church cathedral for a period exceeding ten years, the Standing Committee may, on the petition of the administrative body of the parish church cathedral and after consultation with the Commission and the Diocesan Advisory Committee of the diocese in which the parish church cathedral is situated, by order revoke it.

(6)An order made under this section shall be laid before the General Synod and shall not come into force until approved by the General Synod, whether with or without amendment.

(7)The [1946 c. 36.] Statutory Instruments Act 1946 shall apply to an order approved by the General Synod under this section as if it were a statutory instrument and were made when so approved, and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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