Care of Cathedrals Measure 2011

Establishment and Functions of the Cathedrals Fabric Commission and Fabric Advisory Committees E

3 The Cathedrals Fabric Commission for England E

(1) There shall continue to be a body called the Cathedrals Fabric Commission for England (in this Measure referred to as “the Commission”) which shall have the functions assigned to it by this Measure.

(2) It shall be the duty of the Commission—

(a) to give advice to the Chapter of a cathedral, and to the fabric advisory committee, on the care, conservation, repair or development of the cathedral church, any archaeological or human remains in or under the cathedral church or within its precinct, any buildings within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b);

(b) to give advice to bishops and to the Vicar-General's court when it is sought under section 17 or 20;

(c) to consider and determine any application made to it in accordance with the provisions of this Measure by the Chapter of a cathedral;

(d) to promote co-operation between the Commission and organisations concerned with the care and study of buildings of architectural, archaeological, artistic or historic interest in England;

(e) to assist the Chapters of cathedrals by participating in educational and research projects which in the view of the Commission will promote the care, conservation, repair or development of cathedral churches and their ancillary buildings; and

(f) to maintain jointly with the Church Buildings Council, a library of books, plans, drawings, photographs and other material relating to cathedral and other churches and the objects in them.

(3) It shall also be the duty of the Commission to promote, in consultation with Chapters, fabric advisory committees and such other persons or organisations as it thinks fit, by means of guidance or otherwise, standards of good practice to be observed in relation to—

(a) the matters referred to in subsection (2)(a);

(b) the role and duties of cathedral architects or surveyors of the fabric and cathedral archeologists;

(c) the compilation, maintenance and dissemination of information of architectural, archaeological, artistic and historic interest concerning cathedral churches, archaeological remains in or under them or within their precincts and buildings within the precincts and any objects referred to in section 2(1)(b); and

(d) the form and content of the records required to be kept by the Chapter under section 27.

[F1 (3A) The Commission may delegate to an officer such functions as it thinks fit.]

(4) Schedule 1 shall have effect with respect to the Commission.

Textual Amendments

F1 S. 3(3A) inserted (1.9.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 10, 16(3); S.I. 2020/835, art. 2

Commencement Information

I1 S. 3 in force at 1.9.2011 by 2011 No. 2, art. 2

4 Establishment of fabric advisory committees E

(1) The Chapter of every cathedral and the Commission shall jointly establish a committee, to be called the fabric advisory committee, which shall have the functions assigned to it by this Measure.

(2) It shall be the duty of the fabric advisory committee—

(a) to give advice to the Chapter of the cathedral on the care, conservation, repair or development of the cathedral church, any archaeological remains in or under the cathedral church or within its precinct, any buildings within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b); and

(b) to consider and determine any application made to it in accordance with the provisions of this Measure by the Chapter of the cathedral.

(3) Schedule 2 shall have effect with respect to fabric advisory committees.

Commencement Information

I2 S. 4 in force at 1.9.2011 by 2011 No. 2, art. 2

5 Powers of fabric advisory committee in relation to application of section 2 E

(1) The fabric advisory committee shall have power—

(a) if requested to do so by the Chapter, to determine whether, under section 2(1), an application for approval of a proposal by the Chapter is required to be made; and

(b) after consultation with the Chapter and subject to the agreement of the Commission, to determine that section 2 is not to apply to proposals of any class or description specified by the committee and to vary or revoke any determination made under this paragraph.

[F2 (1A) But the power under subsection (1)(b) may not be exercised in relation to proposals of the kind described in section 2(2A).]

(2) If the Chapter wishes to have it determined whether a proposal is one to which section 2 does not apply by virtue of subsection (1)(b) the fabric advisory committee shall have power to determine that question.

(3) Where the Commission has made a determination under section 6(2) in relation to any matter, the fabric advisory committee shall not make a determination under subsection (1)(a) in relation to the same matter.

Textual Amendments

F2 S. 5(1A) inserted (1.9.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 6(2), 16(3); S.I. 2020/835, art. 2

Commencement Information

I3 S. 5 in force at 1.9.2011 by 2011 No. 2, art. 2