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Cathedrals Measure 1976

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Version Superseded: 30/06/1999

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2 Procedure for making schemes.U.K.

(1)The Commission shall prepare a draft of a scheme under this Measure after consultation with the consenting body of the cathedral church to which the scheme is to relate.

(2)The Commission shall submit any draft scheme prepared by it to—

(a)the bishop,

(b)the Church Commissioners, and

(c)so far as is practicable, every other person who appears to the Commission to be affected by any provision of the draft scheme,

together with a statement that it will consider any written representations with respect to the draft scheme made before such date as may be specified in the notice, being a date not less than six weeks after the date on which the draft scheme is so submitted.

(3)The Commission shall also publish in one or more newspapers circulating in the diocese to the cathedral church of which the draft scheme relates a notice of the preparation of the draft scheme setting out its objects and specifying the place in the diocese where copies thereof may, on payment of such fee as may be specified in the notice, be inspected and stating that the Commission will consider any written representations with respect to the draft scheme made before such date as may be so specified, being a date not less than six weeks after the date of the publication of the notice.

(4)After the expiration of the period during which representations with respect to the draft scheme may be made under subsection (2) or (3) above the Commission shall—

(a)send a copy of all the representations duly made to it to the bishop, the consenting body and the Church Commissioners, and

(b)send a copy of any such representation to any other person who appears to the Commission to be affected by it,

together with a statement that the Commission will consider any written representations made to it before such date as may be specified in the statement, being a date not less than three weeks after the date on which the copy is despatched.

(5)The Commission, having considered any representations duly made to it under this section, may, whether as a result of such representations or otherwise, amend the draft scheme as it thinks expedient.

(6)After considering any such representations and making amendments, if any, in the draft scheme the Commission shall submit the draft scheme to the bishop and the consenting body for their respective consents and shall also send a copy to the Church Commissioners.

(7)On obtaining the consent of the bishop and of the consenting body to the draft scheme, the Commission shall lay the draft scheme before the General Synod, and—

(a)if before the end of the group of sessions of the Synod at which the draft scheme is laid a resolution is passed directing the Commission not to make the scheme, no further proceedings shall be taken in relation to the draft scheme, but without prejudice to the preparation of a new draft scheme; or

(b)if before the end of that group of sessions no such resolution is passed, a copy of the draft scheme shall be signed in accordance with subsection (8) below and the Commission shall thereby make the scheme.

(8)A copy of the draft scheme shall be signed by the chairman of the Commission on its behalf or, in the case of the absence or incapacity of the chairman, by two other members of the Commission nominated by the Commission for that purpose; and the signing of the copy of the draft scheme by the chairman or by two members nominated as aforesaid shall be conclusive evidence that the provisions of this section relating to the preparation of the scheme have been complied with.

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