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Cathedrals Measure 1999

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This is the original version (as it was originally enacted).

12Provisions as to cathedrals for which there was no dean and chapter

(1)This section applies in the case of a cathedral in respect of which, immediately before the relevant date, there was no corporate body known as the dean and chapter.

(2)Where before the relevant date the functions previously exercisable, in relation to the parish of the cathedral, by the parochial church council were transferred to the administrative body of the cathedral in pursuance of section 12(1) of the [1963 No.2.] Cathedrals Measure 1963, the constitution shall provide that those functions shall be exercisable by the Chapter.

(3)Where those functions were not transferred as aforesaid, the constitution of the cathedral shall provide for their transfer to the Chapter.

(4)The [1969 No.2, Sch.3.] Church Representation Rules shall have effect in relation to the parish concerned subject to the following modifications—

(a)for any reference to the parochial church council or the secretary thereof there shall be substituted, as the context requires, a reference to the Chapter or the clerk thereto;

(b)the following provisions shall not apply—

rule 6(3)(d), rules 4, 7(3) and 8(1) in so far as they relate to the vice-chairman of a parochial church council, rules 9(3) and (4), 9(5)(b) and (d) and (6)(a), rule 10 in so far as it relates to a parochial church council, rules 14 to 21 and 23 and Appendix II;

(c)notwithstanding anything in rule 6(3), residentiary canons of the cathedral and other clerks in Holy Orders holding office in the cathedral shall be entitled to attend any annual or special parochial church meeting of the parish and to take part in its proceedings, whether or not they are resident in the parish.

(5)The [1956 No.2.] Parochial Church Councils (Powers) Measure 1956 shall have effect in relation to the parish concerned subject to the following modifications—

(a)for any reference to the parochial church council there shall be substituted a reference to the Chapter;

(b)sections 3, 5(1), 6, 7(iii) and (iv), 8 and 9 shall not apply.

(6)Upon the transfer of the functions of a parochial church council in pursuance of subsection (3) above, all property held by that council and all property vested in the diocesan authority under section 6(2) of the Parochial Church Councils (Powers) Measure 1956 or vested in that authority as a custodian trustee on behalf of that council, shall by virtue of this section and without any conveyance, assignment, transfer or other assurance vest in the cathedral:

Provided that—

(a)any stock which is only transferable in books kept by a company shall not vest in the cathedral by virtue of this subsection, but any person in whom the stock is vested shall, at the request of the Chapter, forthwith apply to the company to transfer the stock into the name of the cathedral, and

(b)the vesting or transfer of property by virtue of this subsection shall not affect any previously existing trust or contract or any mortgage or other charge affecting the property.

(7)For the purposes of this section the functions of a parochial church council include any power to act in the administration of a charity established for ecclesiastical purposes.

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