Care of Cathedrals Measure 2011 No. 1

Part 4 E Miscellaneous and General

32 Interpretation E

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

• “administrator of the cathedral” means the person, by whatever name called, appointed [F1 by virtue of section 5(1)(d) of the Cathedrals Measure 2021];

• “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;

• “architect” means a person registered under the Architects Act 1997 (c. 22);

• “building” includes any monument or other structure or erection and any part of a building as so defined and “fabric” shall be construed accordingly;

• “cathedral archaeologist” means the person appointed under section 23(2), by whatever name called, being a person who possesses such qualifications and expertise in archaeological matters as the Commission may recognise as appropriate;

• “cathedral architect or surveyor of the fabric” means any architect or surveyor appointed by virtue of [F2 section 5(1)(e) of the Cathedrals Measure 2021] 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, and

  (b)

  the cathedral church in the diocese of Sodor and Man;

• “Chapter” means the body of that name established by [F3 section 2 of the Cathedrals Measure 2021];

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

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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 Part I of the Town and Country Planning Act 1990 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, the Twentieth Century Society 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 purposes of this Measure;

• “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 25;

• “prescribed” means prescribed by rules F5 ...;

• [F6 “rules” means rules made under section 83 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018;]

• “special visitation” means a special visitation under section 16.

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

[F7 (4) For the purposes of this Measure, where a meeting is held in more than one place (including electronic, digital or virtual locations, web addresses or conference call telephone numbers), and accordingly without any, or without all, of the persons being together in the same place—

(a) a reference to being present at the meeting includes a reference to being present by electronic means (including by telephone conference, video conference, live webcast or live interactive streaming), and

(b) a person is to be regarded as present at the meeting if the person is at that time able to hear and be heard by, and where practicable to see and be seen by, the other persons present.]

Textual Amendments

F1 Words in s. 32(1) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 38(a) (with ss. 42(4), 48, 52(1))

F2 Words in s. 32(1) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 38(b) (with ss. 42(4), 48, 52(1))

F3 Words in s. 32(1) substituted (coming into force in accordance with s. 53(3) of the amending Measure) by Cathedrals Measure 2021 (No. 2), Sch. 4 para. 38(c) (with ss. 42(4), 48, 52(1))

F4 Words in s. 32(1) omitted (coming into force in accordance with s. 53(3) of the amending Measure) by virtue of Cathedrals Measure 2021 (No. 2), Sch. 4 para. 38(d) (with ss. 42(4), 48, 52(1))

F5 Words in s. 32(1) repealed (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 22(c), Sch. 5 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F6 Words in s. 32(1) inserted (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 23 (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F7 S. 32(4) inserted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), s. 22(2)(j), Sch. 2 para. 5

Commencement Information

I1 S. 32 in force at 1.9.2011 by 2011 No. 2, art. 2