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Cathedrals Measure 1963

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Changes over time for: Financial provisions

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Version Superseded: 30/06/1999

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Point in time view as at 01/01/1993.

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Financial provisionsE

28 Payment of stipends of dean or provost and two canons by Church Commissioners.E

(1)The Church Commissioners shall pay to the dean or provost of each cathedral church and to two residentiary canons of each cathedral church who are engaged exclusively on cathedral duties such sums by way of stipend or other emoluments as they may from time to time determine:

Provided that—

(a)if in any cathedral church there is only one residentiary canon who is engaged exclusively on cathedral duties or there are no residentiary canons so engaged, the obligation imposed on the Church Commissioners by this section shall be reduced accordingly until such time as a residentiary canon or a second residentiary canon, as the case may be, is appointed who is engaged exclusively on cathedral duties; and

(b)in determining the amount to be paid to any dean, provost or canon under this subsection, the Church Commissioners may take account of any other sums payable to the dean, provost or canon in right of his dignity.

(2)Where by virtue of paragraph (b) of the last foregoing subsection the Church Commissioners have reduced the amount of the payment made or to be made to any dean, provost or canon of a cathedral church, they may in any year pay into the capitular revenues of that cathedral church a sum equal to the amount by which the said payment was reduced as aforesaid.

(3)The capitular body of a cathedral church shall, notwithstanding anything in the constitution and statutes of the cathedral church, have power to pay to the dean or provost or to any redisentiary canon to whom the Church Commissioners are required to make a payment under subsection (1) of this section such additional stipend or other emoluments as they may think fit:

Provided that no payment shall be made by virtue of this subsection without the consent of the Church Commissioners.

29 Augmentation of stipends of canons holding office at passing of Measure.E

Where in the case of any cathedral church there is only one residentiary canon engaged exclusively on cathedral duties or where there are no residentiary canons so engaged, the Church Commissioners shall have power to make to any canon holding office in the cathedral church at the passing of this Measure such payments towards his stipend or emoluments as they may think fit, so, however, that the aggregate amount paid by the Church Commissioners under this section and the last foregoing section shall not exceed the amount which would have been payable under the last foregoing section if there had been two residentiary canons engaged exclusively on cathedral duties.

30 Payment towards expenses incurred by newly appointed deans, provosts and canons.E

Where any person is appointed dean or provost of a cathedral church or is appointed a residentiary canon whose stipend is to be paid by the Church Commissioners in accordance with the provisions of section twenty-eight of this Measure, the Church Commissioners shall have power to make to that person a grant towards removal expenses incurred by him.

31 Grants for the payment of stipends and salaries.E

The Church Commissioners shall have power to pay out of their general fund to the capitular body of any cathedral church such grants as they may from time to time determine for the payment of—

(a)the stipend or other emoluments of any clerk in Holy Orders holding office in the cathedral church, other than a dean, provost or residentiary canon;

(b)the salary or other emoluments of any lay person employed in connection with the cathedral church.

32 Grants for houses to be occupied by clerks holding office in the cathedral church.E

For the purpose of securing the better provision of houses for clerks in Holy Orders who hold office in any cathedral church, the Church Commissioners shall have power to make out of their general fund to the capitular body of that cathedral church such grants as they may think fit for any of the following purposes, that is to say—

(a)the acquisition or erection of a house, or the acquisition of land for the site of a house, to be occupied by a clerk in Holy Orders who holds office in the cathedral church;

(b)the purchase of land for a garden for a house occupied or to be occupied by such a clerk;

(c)the division into two or more parts of any house in which the capitular body owns an interest, and the conversion of any part thereof into a residence for any such clerk as aforesaid;

(d)the improvement, enlargement or reduction of the size of any house occupied or to be occupied by any such clerk as aforesaid; and

(e)the payment of any incidental expenses incurred in carrying out any of the purposes mentioned in the foregoing paragraphs of this section.

33 Grants for repair of chancels.E

The Church Commissioners shall have power to make out of their general funds to the capitular body of any cathedral church such grants as they may think fit for the repair of any chancel, other than the chancel of the cathedral church, which the capitular body is wholly or partly liable to repair.

34 Loans for acquisition and improvement of cathedral property.E

The Church Commissioners shall have power to make to the capitular body of any cathedral church loans of such amounts, and subject to the payment of interest at such rate, as they may think fit for the acquisition of any property, the erection of any building or the improvement, repair or alteration of any property, other than the cathedral church and buildings ancillary thereto.

35 Borrowing powers of capitular bodies.E

The capitular body of any cathedral church shall have power to borrow money for any purpose connected with the cathedral church:

Provided that if the purpose for which the money is to be borrowed is such that the use of moneys forming part of the endowment of the cathedral church for that purpose would require the consent of the Church Commissioners, then, the consent of the Church Commissioners shall be required for the borrowing of that money under this section.

36 F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E

Textual Amendments

F1S. 36 repealed by Cathedrals Measure 1976 (No.1), s. 8(2) and repealed (30.6.1999 with application as mentioned in s. 38(3)) by 1999 No. 1, s. 39(2), Sch. 3 (with ss. 33, 34, 37, 38(6))

37 Payment of cost of appeals against schemes.E

The Church Commissioners shall have power at their discretion to pay out of their general fund the whole or such part as they may think fit of the costs and expenses incurred by any person in connection with an appeal by him to Her Majesty in Council against a scheme under this Measure.

38 Accounts.E

(1)Any person in receipt of or having the administration of either the property and revenues of any cathedral church or the property and revenues annexed or belonging to any dignity or office or any corporation aggregate or sole in any cathedral church shall annually, at such time and in such form as the Church Commissioners may prescribe, transmit to them duly audited accounts of the property and revenues.

(2)The administrative body of every such cathedral church shall annually publish duly audited accounts.

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