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Cathedrals Measure 1999

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This is the original version (as it was originally enacted).

35Interpretation

(1)In this Measure, except where the context otherwise requires—

  • “architect” means a person registered under the [1997 c. 22.] Architects Act 1997;

  • “bishop”, when used in relation to a cathedral, means the bishop of the diocese in which the cathedral is situated;

  • “canon” includes a lay canon and a non-residentiary canon but not a minor canon;

  • “cathedral community”, in relation to a cathedral, means persons over the age of sixteen years who—

    (a)

    worship regularly in the cathedral, or

    (b)

    are engaged in work or service connected with the cathedral in a regular capacity,

    and includes such other persons as may be prescribed;

  • “cathedral duties” has the meaning assigned to it by section 8 above;

  • “company” includes the Bank of England and any company or person keeping books in which any stock is registered or inscribed;

  • “diocesan authority” means the diocesan board of finance or any existing or future body appointed by the diocesan synod to act as trustees of diocesan trust property;

  • “functions” includes powers and duties;

  • “house of residence” includes all buildings, gardens and other land held therewith;

  • “land” includes any corporeal or incorporeal hereditaments of any tenure;

  • “lease” includes a tenancy;

  • “moneys” includes any stock, share, or other security;

  • “non-residentiary canon” includes a prebendary who is not a residentiary canon;

  • “precinct”, in relation to a cathedral, means the precinct for the time being indicated on the plan required for that cathedral by section 13(3) and (4) of the [1990 No.2.] Care of Cathedrals Measure 1990;

  • “prescribed”, in relation to a cathedral, means prescribed by the constitution of the cathedral;

  • “property” includes a thing in action and any interest in real or personal property;

  • “relevant date”, in relation to any cathedral existing at the passing of this Measure, means the date appointed in respect of that cathedral under section 38(2) below;

  • “residentiary canon” includes a stipendiary canon;

  • “stock” includes any share, annuity or other security;

  • “surveyor” means a member of the Royal Institution of Chartered Surveyors qualified as a chartered building surveyor.

(2)Any reference in this Measure to a cathedral which is a parish church shall, in relation to a cathedral existing at the passing of this Measure, be construed as a reference to a cathedral in respect of which there was, immediately before the relevant date, no corporate body known as the dean and chapter.

  • It is hereby declared, for the avoidance of doubt, that the Cathedral and Abbey Church of St Alban is such a cathedral.

(3)Any reference in this Measure to a power to dispose of land shall be construed as comprising a power to sell, grant a lease or licence of, exchange, mortgage or charge land and to dedicate land for the purposes of a highway.

(4)Any reference in this Measure to a power to acquire property shall be construed as comprising a power to acquire property for any purpose connected with the cathedral and to acquire property by gift inter vivos or by will.

(5)In any provision of this Measure relating to patronage, the vesting or transfer of property or the making of grants by the Church Commissioners any reference to a cathedral shall be construed as a reference to the corporate body thereof established in accordance with section 9(1)(a) above.

(6)Where, by virtue of any provision of this Measure, members of a body are to be elected or chosen “in the prescribed manner” that expression shall be construed as including a power for the constitution of a cathedral to specify the qualifications required for membership.

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