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Care of Cathedrals Measure 2011

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This is the original version (as it was originally enacted).

9Applications for approval of Cathedrals Fabric Commission

(1)Where any application is made by the Chapter of a cathedral for the approval of the Commission, the administrator shall—

(a)display in the prescribed manner, and

(b)send to the fabric advisory committee, English Heritage and the national amenity societies (or such person as those societies may jointly appoint for the purposes of this section),

a notice in the prescribed form specifying the place where details of the proposal are available for inspection and stating that representations in writing with respect to the proposal may be sent to the secretary of the Commission before the end of the prescribed period; and, if the application relates to a proposal of a kind described in section 2(1)(a), the administrator shall also send such a notice to the local planning authority.

(2)Following receipt of the notice referred to in subsection (1), the secretary of the fabric advisory committee shall inform the Commission in writing whether the committee has considered the proposal and, if so, of its views.

(3)After considering any representations made to it under this section, the Commission shall determine whether to give its approval to the proposal, either unconditionally or subject to such conditions as it may specify, or whether to refuse to give its approval.

(4)Before determining whether to give approval to any proposal for the sale, loan or other disposal of an object falling within section 6(1)(a)(iv), the Commission may consult the Church Commissioners on any financial considerations (other than any which relate to the valuation of the object in question) which may be relevant to the proposal and on which the Commission considers it appropriate to receive the advice of the Church Commissioners and the Church Commissioners shall give such advice as they consider appropriate.

(5)Before determining whether to give approval to any proposal for the sale, loan or other disposal of an object falling within section 6(1)(a)(iv), the Commission may request the Chapter of the cathedral to—

(a)consult the Council of the cathedral if it has not already done so; and

(b)inform the Commission of the Council’s views on the proposal.

(6)If a meeting is arranged between the Commission and the Chapter of the cathedral to discuss the proposal, the administrator shall notify the secretary of the fabric advisory committee of the meeting and the committee’s representatives shall be entitled to be present at the meeting.

(7)The secretary of the Commission shall send notice of the Commission’s decision—

(a)to the Chapter of the cathedral,

(b)to the fabric advisory committee,

(c)to English Heritage,

(d)to the national amenity societies (or such person as those societies may jointly appoint for the purposes of this section), and

(e)if the decision relates to a proposal of a kind described in section 2(1)(a), to the local planning authority,

(f)if the Commission has consulted the Church Commissioners on the proposal under subsection (4), to the Church Commissioners,

and the administrator shall display in the prescribed manner a copy of the notice sent to the Chapter under this subsection.

(8)This section shall apply in relation to an application for approval in pursuance of section 2(3) as it applies in relation to an application for approval of a proposal.

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