Dioceses Measure 1978 (repealed)

Provisions relating to cathedral church, etc. U.K.

4 (1) A scheme by which a new diocese is to be created shall determine whether the church which is to be the cathedral church of the diocese shall be a dean and chapter cathedral or a parish church cathedral for the purposes of the M1 Cathedrals Measures 1963 and M2 1976 and shall provide—

(a) for applying those Measures to that church with such modifications specified in the scheme as are necessary to enable a constitution and statutes to be provided for that church by a scheme under the said Measure of 1976; and

(b) for constituting a body to be the consenting body of that church for the purposes of that Measure unless and until a scheme thereunder provides that some other body shall be the consenting body thereof for those purposes.

(2) A scheme by which a new diocese is to be created may provide for founding honorary canonries in the cathedral church of the diocese with power to dispense with the consent of the cathedral chapter of that church so long as there is no such chapter and, if necessary, altering the number of such canonries in the cathedral church of any other diocese affected by the scheme.

Marginal Citations

M1 1963 No. 2.

M2 1976 No. 1.

5 (1) A scheme by which a diocese is to be dissolved shall provide for—

(a) altering the status of the cathedral church of the diocese and abolishing the dean and chapter or cathedral chapter of that church and any other body, dignity or office therein;

(b) conferring rights to compensation on the dean or provost of that church and any residentiary canon holding office in it;

(c) transferring any property (including rights of patronage) vested in the dean and chapter, or cathedral chapter, of that church to such persons as may be specified in the scheme and vesting such property in those persons without any conveyance or other assurance.

(2) Without prejudice to sub-paragraph (1)(c) above, a scheme may provide for transferring any property (including rights of patronage) vested in the dean and chapter, or cathedral chapter, of the cathedral church of any diocese affected by the scheme to such persons as may be specified in the scheme and vesting such property in those persons without any conveyance or other assurance.

(3) A scheme by which a diocese is to be dissolved may provide that any moneys held by the Commissioners on behalf of the dean and chapter, or the cathedral chapter, of the cathedral church of the diocese shall be held by them on behalf of such other persons as may be specified in the scheme.