Cathedrals Measure 1999

36 Construction of references to dean and chapter, etc. E

(1) Any reference in an enactment [F1 except the Care of Cathedrals Measure 1990 and the Care of Cathedrals (Supplementary Provisions) Measure 1994], instrument or other document to any of the following bodies of a cathedral, that is to say—

• the dean and chapter,

• the administrative chapter,

• the administrative body,

• the cathedral chapter,

• the capitular body,

• the cathedral council,

shall, unless the context otherwise requires or this Measure otherwise provides, be construed as a reference to the Chapter of the cathedral.

[F2 (1A) In the Care of Cathedrals Measure 1990 and the Care of Cathedrals (Supplementary Provisions) Measure 1994—

(a) for the words “administrative body”, “administrative body of a cathedral church”, “administrative body of the cathedral church”, “administrative body of every cathedral church” and “administrative bodies of cathedrals churches”, in each case where they appear, there shall be substituted, respectively, the words “ Chapter ” , “ Chapter of a cathedral ” , “ Chapter of the cathedral ” , “ Chapter of every cathedral ” and “ Chapters of cathedrals ” ; and

(b) for the words “chapter clerk”, in each case where they appear, there shall be substituted the word “ administrator ” . ]

[F3 (1B) Where, immediately before the relevant date, the guardianship of the spiritualities of a province or bishopric belonged to the dean and chapter of a cathedral, it shall belong to the corporate body of the cathedral and be exercisable on behalf of that body by the Chapter.]

(2) Any reference in an enactment mentioned below to a chapter, cathedral chapter, dean and chapter (or the corporation thereof) or capitular body shall be construed as a reference to the corporate body of the cathedral—

M1 Ecclesiastical Leases Act 1800	section 1
F4 . . .	F4 . . .
F4 . . .	F4 . . .
M2 Ecclesiastical Commissioners Act 1840	sections 68 and 84
M3 Universities and College Estates Act 1925	section 37
M4 Leasehold Reform Act 1967	section 31
M5 Administration of Justice Act 1982	section 41(3)
M6 Pastoral Measure 1983	Schedule 3, paragraph 7(1)
M7 Leasehold Reform, Housing and Urban Development Act 1993	Schedule 2, paragraph 8 and Schedule 14, paragraph 11.

(3) Any reference in an enactment, instrument or other document to a parish church cathedral shall, unless the context otherwise requires or this Measure otherwise provides, be construed as a reference to a cathedral in respect of which, immediately before the relevant date, there was no corporate body known as the dean and chapter.

(4) Any reference in an enactment, instrument or other document to the provost of a cathedral shall, unless the context otherwise requires, be construed as a reference to the dean of the cathedral.

(5) Any reference in an enactment, instrument or other document to capitular revenues or capitular funds in relation to a cathedral shall be construed as a reference to the revenues or funds (respectively) of the cathedral.

(6) Nothing in this section applies in relation to Westminster Abbey, St George’s Chapel, Windsor or the cathedral church of Christ in Oxford.

Textual Amendments

F1 Words in s. 36(1) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 10; S.I. 2007/2, Instrument made by Archbishops

F2 S. 36(1A) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 10; S.I. 2007/2, Instrument made by Archbishops

F3 S. 36(1B) inserted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2), Sch. 2 para. 14; S.I. 2014/1369, art. 2

F4 Words in s. 36(2) repealed (1.7.2018) by Statute Law (Repeals) Measure 2018 (No. 1), s. 2(3), Sch. Pt. 3; S.I. 2018/718, art. 2

Marginal Citations

M1 39&40Geo.3c.41.

M2 3&4Vict.c.113.

M3 15&16Geo.5 c.24.

M4 1967 c.88.

M5 1982 c.53.

M6 1983 No. 1.

M7 1993 c.28.