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Care of Cathedrals Measure 2011

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This is the original version (as it was originally enacted).

Part 3Powers of Bishop to prevent or stop contraventions of section 2 and to restore status quo

15Preliminary interview regarding contravention of section 2

Subject to section 17(1), where it appears to the bishop of a diocese, whether of his own motion or on the advice of the Commission or on the basis of an allegation made by another person, that the Chapter of the cathedral of the diocese may have committed or be intending to commit an act in contravention of section 2, he shall, as soon as practicable and before taking any further action, afford to the members of the Chapter an opportunity of being interviewed in private by him with respect to the matter in question.

16Power of bishop to order special visitation

(1)Subject to subsection (2), where it appears to a bishop, after complying with section 15 with respect to the members of a Chapter, that the Chapter has committed or is intending to commit an act mentioned in that section, he shall within such period as may be prescribed order a special visitation under this section in respect of the cathedral church for the purpose of inquiring into the matter in question; and, if he does so, he shall cause a written statement of his reasons for ordering the visitation to be sent to the Chapter.

(2)It shall not be necessary for a bishop to order a special visitation under this section in respect of any act if—

(a)he is satisfied that the Chapter intends to make an application for approval of that act under this Measure; or

(b)the Chapter has made such an application and the application has not been refused; or

(c)he considers that there are exceptional reasons for not doing so.

(3)Without prejudice to any rule of law as to the effect of episcopal visitations, where a special visitation under this section is ordered by a bishop in respect of a cathedral church, the Chapter of the cathedral shall have no power to act as such with regard to the matter under inquiry without the prior approval in writing of the bishop.

(4)A special visitation under this section shall not be treated as an episcopal visitation for the purposes of any provision contained in the constitution and statutes of the cathedral church restricting the ordering of such visitations.

17Power of bishop to give directions

(1)Where it appears to a bishop that a Chapter may have committed or be intending to commit an act in contravention of section 2 and he is satisfied, having regard to the urgency of the matter, that there is insufficient time to comply with section 15, he may from time to time give such interim directions with respect to the matter in question as he thinks fit to the Chapter before complying with that section.

(2)Where a bishop has ordered a special visitation he may from time to time give such directions with respect to the matter in question as he thinks fit to the Chapter.

(3)Without prejudice to the generality of the powers to give directions under this section, such directions may require the Chapter—

(a)to take such steps as the bishop may consider necessary for the purpose of avoiding a contravention of section 2;

(b)to refrain from taking such steps as the bishop may consider likely to lead to such a contravention;

(c)to take such steps as the bishop may consider necessary for the purpose of restoring the position so far as possible to that which existed before the act was committed.

(4)Before a bishop gives directions under this section which include a requirement of the kind mentioned in subsection (3)(c) he shall seek the advice of the Commission.

(5)Directions given by a bishop under this section shall be in writing unless he is satisfied, having regard to the urgency of the matter, that there is insufficient time for them to be committed to writing; but if they are given orally he shall as soon as practicable commit them to writing.

(6)It shall be the duty of a Chapter to which directions are given under this section to comply with them.

18Institution of proceedings for injunction or restoration order

(1)Where a bishop has ordered a special visitation and he considers it necessary or expedient to take further steps in respect of any actual or intended contravention of section 2, he may authorise a person designated by him for the purposes of this Measure, either generally or in a particular case, to institute proceedings on his behalf against the Chapter of the cathedral for the purpose of obtaining an injunction or restoration order or both against the Chapter.

(2)Where a bishop proposes to authorise the institution of proceedings under subsection (1), he shall inform the Church Commissioners of the course he proposes to take and the Church Commissioners shall, as soon as practicable—

(a)decide whether or not they would be prepared to pay, under section 58 of the Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1), any costs or expenses incurred in respect of the proceedings and, if so, to what extent; and

(b)notify the bishop of their decision.

19Jurisdiction and composition of Vicar-General’s court

(1)The Vicar-General’s court of each of the provinces of Canterbury and York shall, in respect of every cathedral church in the province, have original jurisdiction to hear and determine proceedings instituted under section 18.

(2)Where, in any such proceedings—

(a)the Vicar-General is for any reason unable to act; or

(b)the cathedral church is in a diocese of which the Vicar-General is the chancellor,

the court shall be presided over by a chancellor appointed by the Archbishop of the province of Canterbury or York, as the case may be, to act as deputy Vicar-General; and a chancellor so appointed shall have all the powers and perform all the duties of the Vicar-General.

(3)Any such proceedings shall be instituted and conducted in such manner as the Vicars-General of Canterbury and York, acting jointly, may direct.

20Powers of court

(1)In any proceedings instituted under section 18 against a Chapter, the court may by way of special citation add as a further party to the proceedings any person who appears to the court to be or to have been concerned in furthering the alleged contravention of section 2.

(2)A special citation under subsection (1) may require the person to whom it is issued to attend the court at such time and place as may be specified in the citation.

(3)Where, in any such proceedings, it appears to the court that the Chapter intends to commit or continue to commit any act in contravention of section 2, the court may issue an injunction restraining—

(a)the Chapter from committing or continuing to commit that act; or

(b)any other party to the proceedings from committing or continuing to commit any act in furtherance of the contravention.

(4)Where, in any such proceedings, it appears to the court that the Chapter against which the proceedings were instituted has committed any act in contravention of section 2, the court may make an order (a “restoration order”) requiring the Chapter or any other party to the proceedings to take such steps as the court may consider necessary, within such time as the court may specify, for the purpose of restoring the position so far as possible to that which existed before the act was committed.

(5)The court shall not make a restoration order in respect of any act unless the court is satisfied that less than 6 years have elapsed since the act was committed.

(6)The court shall seek the advice of the Commission before making a restoration order.

(7)Where proceedings for obtaining a restoration order are instituted on behalf of a bishop under section 18 and any fact relevant to the institution of such proceedings has been deliberately concealed from him, the period of 6 years mentioned in subsection (5) shall not begin to run until the bishop has discovered the concealment or could with reasonable diligence have discovered it.

(8)For the purpose of subsection (7), deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

(9)Failure to comply without reasonable excuse with any requirement of an injunction or restoration order shall be a contempt of the court.

(10)In any such proceedings the court may order that the special visitation from which the proceedings ensued shall continue on such terms as it considers just or shall cease and may make such further order in relation to the proceedings as it considers just.

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