Cathedrals Measure 1999

SCHEDULES

Section 38(1).

SCHEDULE 1 Transitional provisions

1 For each cathedral there shall be a body called the “Transitional Council” whose duty it shall be to frame, with the consent of the bishop, as soon as practicable—

(a) an instrument providing for a constitution for the cathedral, and

(b) an instrument providing for statutes for the cathedral,

in accordance with the provisions of this Measure.

2 For the purposes of paragraph 1 above sections 29 to 32 shall have effect in relation to the Transitional Council of a cathedral as if—

(a) the references in those sections to the Council were references to the Transitional Council,

(b) the references in those sections to the common seal of the cathedral were references to the existing seal, and

(c) the references in those sections to an instrument or draft instrument were references to an instrument or draft instrument under paragraph 1 above.

3 The membership of the Transitional Council of a cathedral shall consist of—

(a) the bishop,

(b) the dean or provost, as the case may be, who shall be the chairman,

(c) two residentiary canons appointed by the residentiary canons,

(d) one non-residentiary canon appointed by the non-residentiary canons from amongst themselves, and

(e) five lay persons appointed by the bishop after consultation with the dean or provost, as the case may be, and the bishop’s council, being persons having experience in connection with the work of the cathedral or the ability to reflect local, diocesan, ecumenical or wider interests in that connection.

4 The chairman shall have a second or casting vote in proceedings of the Transitional Council of a cathedral.

5 The Transitional Council of a cathedral shall cease to exist on the relevant date.

6 If, in relation to any cathedral, the instruments required to be made under paragraph 1 above have not been made by such date as may be determined by the Archbishops of Canterbury and York acting jointly it shall be the duty of the dean or provost of the cathedral to send to the bishop of the diocese concerned and to the Secretary-General of the General Synod a report indicating the stage reached in the production of those instruments, the reason for the delay and the date on which the Transitional Council expects that the instruments will be made; and further reports shall be made when so requested by the Archbishops.

Section 39(1).

SCHEDULE 2 Minor and consequential amendments

Ecclesiastical Commissioners (Powers) Measure 1936

1 In the [26 Geo.5&1 Edw.8 No.5.] Ecclesiastical Commissioners (Powers) Measure 1936 in section 2(3)(d) the words from “or other” to the end shall be omitted.

Cathedrals Measure 1963

2 The [1963 No.2.] Cathedrals Measure 1963 shall be amended as follows.

3 In section 40 (provisions as to Newcastle Chapter Endowment Fund) for the words from the beginning to “section 1 of this Measure” there shall be substituted the words “The statutes made in pursuance of paragraph 1 of Schedule 1 to the Cathedrals Measure 1999 and any revision thereof under Part II of that Measure” and for the words from “that scheme” to the end there shall be substituted the words “the date on which those statutes come into operation that Fund shall be applied for the purpose for which it was applied immediately before that date”

4 In section 41 (provisions as to canonry annexed to archdeaconry of Norfolk) in subsection (3) at the end there shall be inserted the words “The said sum shall be fifty pounds per annum.”.

5 In section 42 (provision for appointment of additional canon at Oxford)—

(a) in subsection (4) for the words from “and subsection (2) of section 9” to “section 7 of this Measure” there shall be substituted the words “sections 8(2) and (3), 21, 22 and 35(1) of the Cathedrals Measure 1999 shall apply in relation to that canon as if that Measure”;

(b) for subsection (6) there shall be substituted—

“(6) The bishop, the dean and canons and the Church Commissioners acting jointly may make an instrument for the purposes of this section varying or replacing any instrument previously made thereunder and for the time being in force, and the provisions of this section with any adaptations necessary to take account of the passing of the Cathedrals Measure 1999 shall apply under this subsection as they applied in relation to an instrument made before the passing of that Measure.”.

6 In section 44 (provisions as to Southwark) in subsection (1) for the words “A scheme made under this Measure” there shall be substituted the words “The constitution or statutes made in pursuance of paragraph 1 of Schedule 1 to the Cathedrals Measure 1999 and any revision thereof under Part II of that Measure”.

Dioceses Measure 1978

7 In the Schedule to the [1978 No.1.] Dioceses Measure 1978 —

(a) in paragraph 4—

(i) for sub-paragraph (1) there shall be substituted—

“(1) A scheme by which a new diocese is to be created shall provide for applying the Cathedrals Measure 1999 to the cathedral church of the diocese with such modifications specified in the scheme as are necessary to enable a constitution and statutes to be provided for that church.”;

(ii) in sub-paragraph (2)—

(aa) for the word “honorary” there shall be substituted the word “non-residentiary”;

(bb) the words from “with power” to “such chapter” shall be omitted;

(b) in paragraph 5—

(i) in sub-paragraph (1)(a) for the words “dean and chapter or cathedral chapter” there shall be substituted the word “Chapter”;

(ii) in sub-paragraph (1)(b) the words “or provost” shall be omitted;

(iii) in sub-paragraph (1)(c) for the words “dean and chapter or cathedral chapter,” there shall be substituted the words “corporate body of the cathedral”;

(iv) in sub-paragraph (2) for the words “dean and chapter, or cathedral chapter,” there shall be substituted the words “corporate body of the cathedral”;

(v) in sub-paragraph (3) for the words “dean and chapter, or the cathedral chapter,” there shall be substituted the words “corporate body of the cathedral”;

(c) in paragraph 15 in sub-paragraph (2)(b) for the words “dean and chapter or cathedral chapter” there shall be substituted the word “Chapter”.

Church Representation Rules

8 In rule 27(1) of the [1969 No.2.] Church Representation Rules for sub-paragraph (b) there shall be substituted—

“(b) in the case of a cathedral church which is not a parish church, of lay persons who are declared by the dean to be habitual worshippers at the cathedral church:

Provided that, in relation to Westminster Abbey, St George’s Chapel, Windsor and the cathedral church of Christ in Oxford, this sub-paragraph shall have effect as if at the end there were inserted the words “and whose names are not entered on the roll of any parish;”.

Priests (Ordination of Women) Measure 1993

9 In section 3(9) of the [1993 No.2.] Priests (Ordination of Women) Measure 1993—

(a) after the words “Cathedrals Measure 1963” there shall be inserted the words “or section 12 of the Cathedrals Measure 1999”;

(b) the words from “or any other body” to the end shall be omitted.”

Section 39(2).

SCHEDULE 3 Repeals

Number	Short title	Extent of repeal
1959 No. 1.	Truro Cathedral Measure 1959.	In section 2, subsection (1).
		Section 7.
1963 No. 2.	Cathedrals Measure 1963.	Sections 1 to 38.
		Sections 45 to 51.
		In section 52, subsections (2) and (3).
1976 No. 1.	Cathedrals Measure 1976.	Sections 1 to 6.
1978 No. 1.	Dioceses Measure 1978.	Section 22.