The Care of Cathedrals Rules 2006

Explanatory Note

(This note is not part of the Order)

These Rules are made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 for carrying into effect the provisions of the Care of Cathedrals Measure 1990 (“the 1990 Measure”) as amended.

They revoke and replace the Care of Cathedrals Rules 1990 (“the 1990 Rules”). As well as making some changes to the provisions of the 1990 Rules and making more detailed provision for some of the existing procedures under the 1990 Measure, they carry into effect a number of additions and other amendments made to the 1990 Measure by the Care of Cathedrals (Amendment) Measure 2005.

Part 1, consisting of rules 1 and 2, deals with the citation, commencement and interpretation of the Rules and revokes the 1990 Rules.

Part 2, consisting of rules 3 and 4, deals with the procedure for certain preliminary determinations under the 1990 Measure as amended.

Part 3, consisting of rules 5 and 6, deals with applications for approval of proposals made by a cathedral chapter to the fabric advisory committee (“FAC”) established for the individual cathedral under the 1990 Measure.

Part 4, consisting of rules 7 to 9, deals with applications for approval of proposals made by a cathedral chapter to the Cathedrals Fabric Commission for England (“CFCE”) (the national body established by the 1990 Measure) and with appeals to the CFCE from decisions of a FAC or failure by a FAC to determine an application within the time-limit under the 1990 Measure.

Part 5, consisting of rule 10, deals with certain types of proposals affecting cathedral clergy housing.

Part 6, consisting of rule 11, provides for the giving of notice to the CFCE of applications by a cathedral chapter for listed building or scheduled monument consent in respect of a building or monument within the cathedral precinct.

Part 7, consisting of rules 12 to 16, deals with applications for approval of proposals relating to objects of architectural, archaeological, artistic or historic interest. In addition, rule 16 and Schedule 1 implement the provisions relating to “treasure” in the amended 1990 Measure. They envisage the making of an order under section 2(2) of the Treasure Act 1996 to take certain objects found on cathedral precincts outside the provisions of the 1996 Act. Schedule 1 will provide a detailed procedure for reporting the finding of a potential treasure object and determining whether it is one which would otherwise have come within the 1996 Act. If so, the Schedule makes provision for access to it and for applications for approval of any proposal to dispose of it or lend it or to carry out work to it which would materially affect its character. In the event of approval of a sale or disposal other than a loan, the Schedule also implements provisions in the amended 1990 Measure for giving a museum an opportunity to purchase the object.

Part 8, consisting of rules 17 to 21, deals with requests for a review by a Commission of Review of a decision (including a decision on appeal) by the CFCE or for determination by a Commission of Review in the event of non-determination by the CFCE within the statutory time-limit.

Part 9, consisting of rules 20 to 26, contains general provisions regarding procedure and evidence for the proceedings of FACs, the CFCE and any Commission of Review.

Part 10, consisting of rule 27, deals with registers of applications for approval made to FACs and the CFCE.

Part 11, consisting of rules 28 and 29, deals with cathedral inventories and with records of cathedral works.

Part 12, consisting of rules 30 to 33, contains miscellaneous and general provisions regarding the sending and delivery of documents, copies of documents and the date of compliance with time limits and enables irregularities and procedural errors to be dealt with.

Schedule 2 contains a series of forms for individual steps in the procedures laid down by the rules. The use of each of the forms is prescribed by the relevant rule or by the relevant paragraph of Schedule 1.