Care of Cathedrals (Amendment) Measure 2005

8 Applications for approval of Cathedrals Fabric Commission

(1) In section 8(1)(b) of the 1990 Measure for the words “the Historic Buildings and Monuments Commission” there shall be substituted the words “English Heritage” and in the penultimate line of that subsection for the word “it” there shall be substituted the words “the administrator”.

(2) After section 8(1) of the 1990 Measure there shall be inserted the following subsection—

“(1A) Following receipt of the notice referred to in subsection (1) above, 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 section 8(2) of the 1990 Measure there shall be inserted the following subsections—

“(2A) 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) above 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 Commissioners and the Commissioners shall give such advice as they consider appropriate.

(2B) 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) above 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.

(2C) 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.”.

(4) Section 8(3) of the 1990 Measure shall be amended as follows—

(a) in paragraph (c) for the words “the Historic Buildings and Monuments Commission” there shall be substituted the words “English Heritage”;

(b) for paragraph (e) there shall be substituted the following paragraph—

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

(c) after paragraph (e) there shall be added the following paragraph—

“(f) if the Commission has consulted the Church Commissioners on the proposal under subsection (2A) above, to the Church Commissioners,”; and

(d) the words after the word “subsection” to the end shall be omitted.