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Cathedrals Measure 1999

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36 Construction of references to dean and chapter, etc.E

(1)Any reference in an enactment [F1except the Care of Cathedrals Measure 1990 and the Care of Cathedrals (Supplementary Provisions) Measure 1994], instrument or other document to any of the following bodies of a cathedral, that is to say—

  • the dean and chapter,

  • the administrative chapter,

  • the administrative body,

  • the cathedral chapter,

  • the capitular body,

  • the cathedral council,

shall, unless the context otherwise requires or this Measure otherwise provides, be construed as a reference to the Chapter of the cathedral.

[F2(1A)In the Care of Cathedrals Measure 1990 and the Care of Cathedrals (Supplementary Provisions) Measure 1994—

(a) for the words “administrative body”, “administrative body of a cathedral church”, “administrative body of the cathedral church”, “administrative body of every cathedral church” and “administrative bodies of cathedrals churches”, in each case where they appear, there shall be substituted, respectively, the words “ Chapter ” , “ Chapter of a cathedral ” , “ Chapter of the cathedral ” , “ Chapter of every cathedral ” and “ Chapters of cathedrals ” ; and

(b) for the words “chapter clerk”, in each case where they appear, there shall be substituted the word “ administrator ” . ]

[F3(1B)Where, immediately before the relevant date, the guardianship of the spiritualities of a province or bishopric belonged to the dean and chapter of a cathedral, it shall belong to the corporate body of the cathedral and be exercisable on behalf of that body by the Chapter.]

(2)Any reference in an enactment mentioned below to a chapter, cathedral chapter, dean and chapter (or the corporation thereof) or capitular body shall be construed as a reference to the corporate body of the cathedral—

M1Ecclesiastical Leases Act 1800section 1
F4. . .F4. . .
F4. . .F4. . .
M2Ecclesiastical Commissioners Act 1840sections 68 and 84
M3Universities and College Estates Act 1925section 37
M4Leasehold Reform Act 1967section 31
M5Administration of Justice Act 1982section 41(3)
M6Pastoral Measure 1983Schedule 3, paragraph 7(1)
M7Leasehold Reform, Housing and Urban Development Act 1993Schedule 2, paragraph 8 and Schedule 14, paragraph 11.

(3)Any reference in an enactment, instrument or other document to a parish church cathedral shall, unless the context otherwise requires or this Measure otherwise provides, be construed as a reference to a cathedral in respect of which, immediately before the relevant date, there was no corporate body known as the dean and chapter.

(4)Any reference in an enactment, instrument or other document to the provost of a cathedral shall, unless the context otherwise requires, be construed as a reference to the dean of the cathedral.

(5)Any reference in an enactment, instrument or other document to capitular revenues or capitular funds in relation to a cathedral shall be construed as a reference to the revenues or funds (respectively) of the cathedral.

(6)Nothing in this section applies in relation to Westminster Abbey, St George’s Chapel, Windsor or the cathedral church of Christ in Oxford.

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Amendments (Textual)

F1Words in s. 36(1) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 10; S.I. 2007/2, Instrument made by Archbishops

F2S. 36(1A) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 10; S.I. 2007/2, Instrument made by Archbishops

Marginal Citations

M139&40Geo.3c.41.

M23&4Vict.c.113.

M315&16Geo.5 c.24.

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