Care of Cathedrals (Amendment) Measure 2005

Section 19

SCHEDULE 3 Other amendments

Care of Cathedrals Measure 1990

1 In section 10(3)(c) of the 1990 Measure the words “for Culture, Media and Sport” shall be omitted.

2 In section 11(2) of the 1990 Measure for the words “the Standing Committee of the General Synod” there shall be substituted the words “the Archbishops' Council”.

3 In section 11(4) of the 1990 Measure after the word “architects” there shall be inserted the words “or surveyors of the fabric” and for the words “archaeological consultants” there shall be substituted the words “cathedral archaeologists”.

4 Section 20(1) of the 1990 Measure shall be amended as follows—

(a) the definitions of “administrative body”, “archaeological consultant”, “chapter”, “chapter clerk” and “parish church cathedral” shall be omitted;

(b) at the beginning there shall be inserted the following definition—

““administrator of the cathedral” means the person, by whatever name called, appointed under section 9(1)(e) of the Cathedrals Measure 1999;”;

(c) for the definition of “building” there shall be substituted the following definition—

““building” includes any monument or other structure or erection and any part of a building as so defined and “fabric” shall be construed accordingly;”;

(d) after the definition of “building” there shall be inserted the following definition—

““cathedral archaeologist” means the person appointed under section 12(2) above, by whatever name called, being a person who possesses such qualifications and expertise in archaeological matters as the Commission may recognise as appropriate;”;

(e) for the definition of “cathedral architect” there shall be substituted the following definition—

““cathedral architect or surveyor of the fabric” means any architect or surveyor appointed by virtue of section 9(1)(f) of the Cathedrals Measure 1999 by whatever name called;”;

(f) in the definition of “cathedral church” paragraph (c) and the word “and” immediately preceding that paragraph shall be omitted;

(g) after the definition of “cathedral church” there shall be inserted the following definition—

““Chapter” means the body of that name established by section 2 of the Cathedrals Measure 1999;”;

(h) after the definition of “chartered building surveyor” there shall be inserted the following definition—

““corporate body” means the body established under section 9(1)(a) of the Cathedrals Measure 1999;”;

(i) for the definition of “the Historic Buildings and Monuments Commission” there shall be substituted the following definition—

““English Heritage” means the Historic Buildings and Monuments Commission for England, known as English Heritage;”

(j) in the definition of “precinct” the words “(3) and (4)” shall be omitted; and

(k) the definition of “the Standing Committee” shall be omitted.

5 In section 20(2) of the 1990 Measure, after the words “situated in” there shall be inserted the words “or affixed to” and after the word “building”, in the second place where it occurs, there shall be inserted the words “or of its fabric”.

Care of Churches and Ecclesiastical Jurisdiction Measure 1991

6 Section 25 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No.1)shall be amended as follows—

(a) in section 25(1), for the word “six” there shall be substituted the word “eleven”;

(b) in section 25(2)(b)(ii), for the words “one person” there shall be substituted the words “three persons” and for the words “a person” there shall be substituted the word “persons”; and

(c) after section 25(2)(b)(ii), there shall be added the following sub-paragraph—

“(iii) three persons nominated by the Association of English Cathedrals;”.

Cathedrals Measure 1999

7 (1) Section 9 of the Cathedrals Measure 1999 (1999 No.1) (“the 1999 Measure”) shall be amended as follows—

(a) in subsection (1)(f) after the word “architect” there shall be inserted the words “or surveyor of the fabric”; and

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) The constitution of each cathedral shall provide that the architect or surveyor of the fabric appointed by virtue of subsection (1)(f) above shall be an architect or surveyor having such qualifications and expertise in matters relating to the conservation of historic buildings and other matters as the Chapter, after consultation with the Cathedrals Fabric Commission and such other persons or bodies as it thinks fit, considers appropriate to enable the role and duties of the post of architect or surveyor of the fabric to be discharged.”.

(2) Until the constitution of any cathedral has made provision as required by sub-paragraph (1) above, the Chapter shall proceed as if the constitution of the cathedral had made such provision.

8 In section 20(1) of the 1999 Measure—

(a) after the word “cathedral”, in the second place where it occurs, there shall be inserted the words “and any ancillary building within the meaning of section 14(6) of the Care of Cathedrals Measure 1990”; and

(b) for the words from “works” to the end there shall be substituted the words “any works which the architect or surveyor considers will need to be carried out in relation to that property and of the urgency with which the architect or surveyor considers that they should be carried out”.

9 In section 20(2) of the 1999 Measure, for the words “archaeological consultant of the cathedral (if any)” there shall be substituted the words “cathedral archaeologist (if any) appointed under section 12(2) of the Care of Cathedrals Measure 1990”.

10 In section 36(1) of the 1999 Measure after the word “enactment” there shall be inserted the words “except the Care of Cathedrals Measure 1990 and the Care of Cathedrals (Supplementary Provisions) Measure 1994” and after subsection (1) there shall be inserted the following subsection—

“(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”.”.