(1)Subject to the provisions of this section, the Cathedrals Commission may, with the consent of the bishop, the dean and canons of the cathedral church of Christ in Oxford and the Church Commissioners, make and seal an instrument providing for the creation of an additional canonry for that cathedral church:
Provided that the creation of an additional canonry under this section shall not involve any charge direct or indirect upon the revenues of the House of Christ Church.
(2)The bishop shall be entitled to appoint persons to fill the said canonry.
(3)A person appointed to fill the said canonry shall not be entitled to be a member of the governing body of the House of Christ Church.
(4)Any instrument made under this section shall regulate the rights and duties of the canon appointed thereunder and those rights and duties shall be such as to secure that the canon will be engaged exclusively on cathedral duties; [F1sections 8(2) and (3), 21, 22 and 35(1) of the Cathedrals Measure 1999 shall apply in relation to that canon as if that Measure] provided that administrative functions in relation to the cathedral church were to be performed by the dean and canons.
(5)The Cathedrals Commission shall not seal any instrument under this section unless it is satisfied that a house of residence is available for allocation for the use of the canon to be appointed thereunder and the bishop shall not appoint a canon under this section unless he is satisfied that a house of residence is available and will be allocated for the use of that canon.
[F2(6)The bishop, the dean and canons and the Church Commissioners acting jointly may make an instrument for the purposes of this section varying or replacing any instrument previously made thereunder and for the time being in force, and the provisions of this section with any adaptations necessary to take account of the passing of the Cathedrals Measure 1999 shall apply under this subsection as they applied in relation to an instrument made before the passing of that Measure.]
Textual Amendments
F1Words in s. 42(4) substituted (30.6.1999 with application as mentioned in s. 38(3)) by 1999 No. 1, s. 39(1), Sch. 2 para. 5 (with ss. 33, 34, 37, 38(5)(6))
F2S. 42(6) substituted (30.6.1999 with application as mentioned in s. 38(3)) by 1999 No. 1, s. 39(1), Sch. 2 para. 5 (with ss. 33, 34, 37, 38(5)(6))