Cathedrals Measure 1999

4 The Chapter. E

(1) The constitution of each cathedral shall provide for the establishment of the Chapter in accordance with the following provisions of this section.

(2) Subject to the following provisions of this section the membership shall consist of—

(a) the dean and all the residentiary canons of the cathedral, and

(b) a prescribed number (not less than two nor more than seven) of other persons, at least two-thirds of whom shall be lay, chosen in the prescribed manner.

(3) The constitution may provide for the administrator of the cathedral to be an additional member of the Chapter.

(4) A person shall be disqualified from being a member of the Chapter if he is disqualified from being a charity trustee under [F1 section 178 of the Charities Act 2011] [F2 or by an order under section 181A of that Act] and the disqualification is not for the time being subject to a waiver by the archbishop of the province concerned under subsection (5) below in respect of that Chapter; and a member who becomes disqualified by virtue of this subsection shall cease to be a member.

(5) The archbishop of the province concerned may, on the application of any person disqualified under subsection (4) above from being a member of the Chapter, waive his disqualification in respect of that Chapter; and any waiver under this subsection shall be notified in writing to the person concerned.

(6) The dean shall be—

(a) the chairman and shall have a second or casting vote, and

(b) a member of every committee of the Chapter.

(7) The members mentioned in subsection (2)(b) above shall hold office for three years but shall be eligible for membership for further terms of office.

(8) It shall be the duty of the Chapter to direct and oversee the administration of the affairs of the cathedral and in particular, without prejudice to the generality of the foregoing, to—

(a) order the worship and promote the mission of the cathedral,

(b) formulate, after consultation with the bishop, proposals in connection with the general direction and mission of the cathedral and submit them to the Council for its advice,

(c) prepare an annual budget for the cathedral,

(d) submit to the Council the annual report and audited accounts prepared by the Chapter in accordance with section 27 below and such other reports as may be requested by the Council on any matter concerning the cathedral,

(e) submit to the College of Canons the annual report and audited accounts prepared as aforesaid,

(f) keep under review the constitution and statutes of the cathedral and submit any proposals for their revision to the Council,

(g) manage all property vested in the cathedral and the income accruing from it and, in particular, ensure that necessary repairs and maintenance in respect of the cathedral and its contents and other buildings and monuments are carried out, and

(h) perform such other functions as may be prescribed.

(9) The Chapter shall have power to acquire and dispose of property on behalf of the corporate body established in accordance with section 9(1)(a) below, subject to any consent required by section 15 below:

Provided that moneys which form part of the endowment of the cathedral shall not be invested or used except as provided by section 16 below.

(10) The Chapter shall hold the common seal of the cathedral and affix it when required.

(11) Decisions taken by the Chapter in the absence of the dean are subject to the provisions of section 7(3) below.

(12) The Chapter shall meet on at least nine occasions in each calendar year.

Textual Amendments

F1 Words in s. 4(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 82 (with s. 20(2), Sch. 8)

F2 Words in s. 4(4) inserted (1.3.2019) by Church of England (Miscellaneous Provisions) Measure 2018 (No. 7), ss. 13(1), 17(3) (with s. 13(2)); S.I. 2019/67, art. 2(1)(l)