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Cathedrals Measure 1999

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Part IIE Revision of constitution and statutes

28 Power of Council to revise constitution and statutes.E

(1)Subject to the following provisions of this Part the Council of any cathedral may, with the consent of the bishop, by instrument under the common seal of the cathedral revise the constitution or statutes of the cathedral.

(2)Any such instrument may either provide a new constitution or new statutes for the cathedral to which it relates or may amend the constitution or statutes in force therefor immediately before the instrument comes into force.

(3)Before taking any steps under the following provisions of this Part the Council shall afford the Chapter an opportunity to express views as to the Council’s proposals for revision and shall have regard to those views.

29 Procedure for revision of constitution.E

(1)In the case of a revision of the constitution, the Council shall prepare a draft of the instrument and—

(a)publish in one or more publications circulating in the diocese to the cathedral of which the draft instrument relates, and

(b)display in a prominent position in or in the vicinity of the cathedral,

a notice of the preparation of the draft instrument setting out its objects and specifying the place in the diocese where copies thereof may be inspected and stating that the Council will consider any written representations with respect to the draft instrument made before such date as may be so specified, being a date not less than four weeks after the date of the publication or displaying of the notice.

(2)The Council shall also send a copy of the draft instrument to the Secretary-General of the General Synod.

(3)After the expiration of the period during which representations with respect to the draft instrument may be made under subsection (1) above the Council, having considered any representations duly made to it under this section, may, whether as a result of such representations or otherwise, amend the draft instrument as it thinks expedient.

30 Procedure for revision of statutes.E

(1)In the case of a revision of the statutes, the Council shall prepare a draft of the instrument and display in a prominent position in or in the vicinity of the cathedral a notice of its preparation setting out its objects and specifying the place in the diocese where copies thereof may be inspected and stating that the Council will consider any written representations with respect to the draft instrument made before such date as may be so specified, being a date not less than four weeks after the date of the displaying of the notice.

(2)After the expiration of the period during which representations with respect to the draft instrument may be made under subsection (1) above the Council, having considered any representations duly made to it under this section, may, whether as a result of such representations or otherwise, amend the draft instrument as it thinks expedient.

31 Signatories.E

(1)After compliance with the requirements of section 29 or 30 above, as the case may be, a copy of the draft instrument shall be signed by the chairman of the Council on its behalf or, in the case of the absence or incapacity of its chairman, by two other members of the Council nominated by it for that purpose; and the signing of the copy of the draft instrument by the chairman or by two members nominated as aforesaid and the affixing of the common seal of the cathedral thereto shall be conclusive evidence that the provisions of this Part relating to the preparation of the instrument have been complied with.

(2)A copy of the instrument shall be sent to the Secretary-General of the General Synod.

32 Saving for Crown rights.E

An instrument under this Part which affects any right or interest of Her Majesty shall not be made without the consent of Her Majesty.

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