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Prospective

Parish church cathedralsE

40Modification of Church Representation Rules, etc.E

(1)This section applies in the case of a cathedral which is, or part of which is, a parish church.

(2)A reference in this Measure to a cathedral which is, or part of which is, a parish church, is a reference to a cathedral, or part of a cathedral, in respect of which there was no corporate body known as the dean and chapter, immediately before the original appointment date under the Cathedrals Measure 1999.

(3)In their application to the parish concerned, the Church Representation Rules have effect as if—

(a)for each reference to the PCC or its secretary there were substituted a reference to the Chapter of the cathedral or its clerk,

(b)Rules M1(3)(d), M5(4) to (8) and M6(1)(b), (2) and (7) were omitted,

(c)Rule M8 was disapplied in relation to the PCC,

(d)Rules M14 to M42 were omitted, and

(e)despite Rule M1(2)(b) and (3), every residentiary canon of the cathedral and other clerk in Holy Orders [F1, and any lay residentiary canon of the cathedral,] holding office in the cathedral were entitled to attend any annual or special parochial church meeting of the parish and to take part in its proceedings, whether or not the canon or other clerk [F2, or lay residentiary canon,] is resident in the parish.

(4)In its application to the parish concerned, the Parochial Church Councils (Powers) Measure 1956 has effect as if—

(a)for each reference to the PCC there were substituted a reference to the Chapter, and

(b)sections 3, 5(1), 6, 6A, 7(1)(iii) and (iv) and (2), 8 and 9 were omitted.

(5)PCC” means parochial church council.

Textual Amendments

F1Words in s. 40(3)(e) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 24(a)

F2Words in s. 40(3)(e) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 24(b)

41Scheme for cathedral to cease to be parish churchE

(1)The Church Commissioners may, at the request of the Chapter of a cathedral which is or part of which is a parish church, make a scheme to provide for the cathedral or part to cease to be a parish church.

(2)A scheme under this section may make provision—

(a)for any matter for which provision may be made in a pastoral scheme under Part 3 of the Mission and Pastoral Measure 2011;

(b)to transfer functions, property or liabilities;

(c)to amend the constitution or statutes;

(d)to modify the Church Representation Rules, the Parochial Church Councils (Powers) Measure 1956 or the Churchwardens Measure 2001.

(3)A scheme under this section must include provision as to responsibility for the exercise of the power to appoint the dean.

(4)A scheme under this section may include consequential, supplementary, incidental or transitional provision.