Care of Cathedrals Measure 1990 (No. 2) (repealed)

Miscellaneous and general U.K.

11 Further powers of the Cathedrals Fabric Commission. U.K.

(1) The Commission may, on receiving a request from the Council for the Care of Churches, give advice to the Council with respect to works which are proposed to be carried out in relation to a church of the Church of England which is not a cathedral church.

(2) The Commission—

(a) may, on receiving a request made with the approval of the Representative Body of the Church in Wales, give advice with respect to works which are proposed to be carried out in relation to a cathedral church in Wales; and

(b) may in exceptional circumstances, with the agreement of the governing body of the Church concerned and of the Standing Committee of the General Synod, give advice in relation to works which are proposed to be carried out in relation to a cathedral church other than a cathedral church of the Church of England or the Church in Wales;

but it shall be a condition of giving any advice by virtue of this subsection that any expenses incurred by the Commission in giving that advice are reimbursed.

(3) The Commission shall have power to exercise any functions in relation to moneys held by any other body or person for the benefit of cathedral churches generally, being functions delegated to it by that body or person.

(4) For the purpose of exercising its functions under this Measure the Commission—

(a) may acquire books, plans, drawings, photographs and other material relating to cathedral churches; and

(b) may from time to time hold conferences for cathedral clergy and staff, cathedral architects, archaeological consultants and others concerned with the care, conservation and maintenance of cathedral churches.

12 Provisions as to cathedral architects and archaeological consultants. U.K.

(1) It shall be the duty of the administrative body of a cathedral church to consult the Commission before appointing a cathedral architect [F1 or surveyor of the fabric].

(2) It shall be the duty of the administrative body of a cathedral church to appoint an archaeological consultant to the cathedral church, except in any case in which the Commission notifies the administrative body that in the view of the Commission the archaeological significance of that cathedral church does not justify such an appointment.

Textual Amendments

F1 Words in s. 12(1) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 12(1), 20(3); 2006 No. 1, Instrument made by Archbishops

13 Inventories, etc. U.K.

(1) It shall be the duty of the administrative body of a cathedral church to compile and maintain an inventory of all objects in the possession of the chapter which the fabric advisory committee considers to be of architectural, archaeological, artistic or historic interest, in accordance with rules made under this Measure, and to complete the compilation of that inventory before the expiration of the period of five years beginning with the date on which this section comes into force.

(2) It shall be the duty of the fabric advisory committee of a cathedral church to designate those objects included in the inventory compiled and maintained for the cathedral church under subsection (1) above which the committee considers, after consultation with the Commission, to be of outstanding architectural, archaeological, artistic or historic interest.

(3) It shall be the duty of the administrative body of a cathedral church to prepare a plan indicating the extent of the land surrounding the cathedral church of which the fee simple is vested in the chapter and to complete the preparation of that plan before the expiration of the period of two years beginning with the date on which this section comes into force, and the chapter clerk shall send the plan to the Commission.

(4) On receiving a plan prepared by the administrative body under subsection (3) above, the Commission shall, after consultation with the administrative body, indicate thereon the precinct of the cathedral church for the purposes of this Measure.

14 Reports to be made and records kept by cathedral architects. U.K.

(1) It shall be the duty of the administrative body of a cathedral church to arrange, during the period of five years beginning with the date on which this section comes into force and during every subsequent period of five years, for the cathedral architect, in consultation with the archaeological consultant (if any), to make a report in writing to the administrative body on works which he considers will need to be carried out as soon as practicable in relation to the cathedral church and of the order in which he considers that they should be carried out; and the cathedral architect shall send a copy of every such report to the Commission.

(2) It shall also be the duty of the administrative body of a cathedral church to keep a record of all works carried out in relation to the cathedral church or in the precinct of a cathedral church.

15 Applications for listed building or scheduled monument consent. U.K.

Where the administrative body of a cathedral church proposes to make any application for—

(a) listed building consent under section 55 of the Town and Country Planning Act 1971, or

(b) scheduled monument consent under section 2 of the Ancient Monuments and Archaeological Areas Act 1979,

in respect of any building or monument within the precinct of the cathedral church, the chapter clerk shall send to the Commission a notice stating that representations in writing with respect to the proposed application may be sent to him before the end of the prescribed period.

F2 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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Textual Amendments

F2 S. 16 repealed (Provinces of Canterbury and York except C.I. and I. of M.) (1.3.1993) by Measure 1991 No. 1, s. 32(2), Sch.8;Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.

17 Saving. U.K.

Nothing in this Measure shall dispense with any consent or approval which is required by or under the constitution and statutes of a cathedral church for anything done by the administrative body of that cathedral church.

18 Power to exclude parish church cathedrals. U.K.

(1) Subject to subsection (2) below the Standing Committee may, on the petition of the administrative body of a parish church cathedral, by order direct that this Measure shall not apply to the parish church cathedral and that the parish church cathedral shall be subject to the faculty jurisdiction of the consistory court.

(2) The Standing Committee shall not make an order under subsection (1) above unless it has consulted the Commission and the fabric advisory committee of the parish church cathedral and is satisfied that—

(a) the making of the order is appropriate having regard to the architectural, archaeological, artistic and historic character of the parish church cathedral; and

(b) appropriate arrangements will exist for the giving of advice to the administrative body on the care, conservation and repair of the parish church cathedral.

(3) An order under subsection (1) above may include such provision as the Standing Committee considers necessary or expedient as to the performance of functions conferred on archdeacons by any enactment in relation to the faculty jurisdiction of consistory courts.

(4) Where an order made under subsection (1) above is in force in relation to a parish church cathedral, section 10(2)(b) of the M1 Cathedrals Measure 1963 shall not apply to the parish church cathedral, and any provision of the constitution and statutes of the parish church cathedral abolishing or excluding the faculty jurisdiction of the consistory court shall not have effect.

(5) Where an order made under subsection (1) above has been in force in relation to a parish church cathedral for a period exceeding ten years, the Standing Committee may, on the petition of the administrative body of the parish church cathedral and after consultation with the Commission and the Diocesan Advisory Committee of the diocese in which the parish church cathedral is situated, by order revoke it.

(6) An order made under this section shall be laid before the General Synod and shall not come into force until approved by the General Synod, whether with or without amendment.

(7) The M2 Statutory Instruments Act 1946 shall apply to an order approved by the General Synod under this section as if it were a statutory instrument and were made when so approved, and as if this Measure were an Act providing that any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C1 S. 18(1)(2)(3)(5): Functions of Standing Committee transferred (1.1.1999) to Archbishops Council by S.I. 1998/1715, arts. 1(2)(4), 2, Sch. 1; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York.

Marginal Citations

M1 1963 No. 2.

M2 1946 c. 36.

19 Notices. U.K.

All notices required to be given under this Measure shall be in writing and shall be in the prescribed form.

20 Interpretation. U.K.

(1) In this Measure, unless the context otherwise requires—

• [F3 “administrator of the cathedral” means the person, by whatever name called, appointed under section 9(1)(e) of the Cathedrals Measure 1999; ]

• “administrative body”—

(a) in the case of a cathedral church in respect of which there is a corporate body known as the dean and chapter, means the body by which administrative functions in relation to the cathedral church are performed by virtue of paragraph (b) of section 7 of the Cathedrals Measure 1963;

(b) in the case of a parish church cathedral, means the body by which administrative functions in relation to the cathedral church are performed by virtue of paragraph (b) of section 8 of that Measure;

• “archaeological consultant” means a person who possesses such qualifications and expertise in archaeological matters as the Commission may recognise as appropriate;

• “archaeological remains” means the remains of any building, work or artefact, including any trace or sign of the previous existence of the building, work or artefact in question;

• “building” includes any structure or erection, and any part of a building as so defined;

• “architect” means a person registered under the [F4 Architects Act 1997];

• [F5 “cathedral architect or surveyor of the fabric” means any architect or surveyor appointed by virtue of section 9(1)(f) of the Cathedrals Measure 1999 by whatever name called; ]

• “cathedral church” means any cathedral church in the provinces of Canterbury and York, except—

(a) the Cathedral Church of Christ in Oxford,

(b) any cathedral church in the diocese of Sodor and Man or in the diocese in Europe, and

(c) any cathedral church to which this Measure does not, for the time being, apply by virtue of an order under section 18(1) of this Measure;

• [F6 “Chapter” means the body of that name established by section 2 of the Cathedrals Measure 1999; ]

• “the chapter”—

(a) in the case of a cathedral church in respect of which there is a corporate body known as the dean and chapter, means the dean and chapter; and

(b) in the case of a parish church cathedral, means the cathedral chapter;

• “chapter clerk” means the clerk to the administrative body, by whatever name called;

• “chartered building surveyor” means a member of the Royal Institution of Chartered Surveyors qualified as a chartered building surveyor;

• “Council for the Care of Churches” means the body so named at the passing of this Measure or any body subsequently exercising the functions of that body under a different name or with a different constitution;

• [F7 “English Heritage” means the Historic Buildings and Monuments Commission for England, known as English Heritage; ]

• “Liturgical Commission” means the body so named at the passing of this Measure or any body subsequently exercising the functions of that body under a different name or with a different constitution;

• “local planning authority” in relation to any area means the body exercising the functions of a local planning authority under section 55 of the M3 Town and Country Planning Act 1971 in that area;

• “national amenity societies” means the Ancient Monuments Society, the Council for British Archaeology, the Georgian Group, the Society for the Protection of Ancient Buildings and the Victorian Society and such other body as may from time to time be designated by the Dean of the Arches and Auditor as a national amenity society for the purpose of this Measure;

• “parish church cathedral” means any cathedral church other than one in respect of which there is a corporate body known as the dean and chapter;

• “precinct” in relation to a cathedral church means the precinct for the time being indicated on the plan required for that cathedral church by section 13(3) and (4) of this Measure;

• “prescribed” means prescribed by rules made under [F8 section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991];

• “the Standing Committee” means the Standing Committee of the General Synod.

(2) For the purposes of this Measure any object or structure permanently situated in a cathedral church or any building within the precinct of a cathedral church shall be treated as part of that cathedral church or building, as the case may be.

(3) For the purposes of this Measure a building shall be treated as being used for ecclesiastical purposes if it would be so used but for any works proposed to be carried out in relation to it.

Textual Amendments

F3 Words in s. 20(1) inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 4(b); 2006 No. 1, Instrument made by Archbishops

F4 S. 20(1): Words in definition of “architect” substituted (21.7.1997) by virtue of 1997 c. 22, s. 26(2) (with Sch. 2); S.I. 1997/1672, art. 2

F5 Words in s. 20(1) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 4(e); 2006 No. 1, Instrument made by Archbishops

F6 Words in s. 20(1) inserted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 4(g); 2006 No. 1, Instrument made by Archbishops

F7 Words in s. 20(1) substituted (7.2.2006) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 4(i); 2006 No. 1, Instrument made by Archbishops

F8 Words in s. 20(1) substituted (Provinces of Canterbury and York except C.I. and I. of M.) (1.3.1993) by Measure 1991 No. 1, s. 32(1), Sch. 7, para. 6; Instrument dated 16.2.1993 made by the Archbishops of Canterbury and York.

Marginal Citations

M3 1971 c. 78.

21 Short title and commencement. U.K.

(1) This Measure may be cited as the Care of Cathedrals Measure 1990.

(2) This Measure shall come into force on such date as the Archbishops of Canterbury and York may jointly appoint, and different dates may be appointed for different provisions.