Cathedrals Measure 2021

Interpretation E

45 Interpretation E

(1) In this Measure—

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

• “bishop”, in relation to a cathedral, means the bishop of the diocese of which that cathedral is the cathedral;

• “cathedral church building” has the meaning given in section 4(2);

• “cathedral community”, in relation to a cathedral, means—

  (a)

  persons over the age of 16 who worship regularly in the cathedral or are engaged in work or service connected with the cathedral in a regular capacity, and

  (b)

  such other persons as the statutes may specify as members of the cathedral community;

• “cathedral duties”, in relation to a cathedral, means duties (whether in the cathedral or the diocese) which should, in the opinion of the Chapter after consultation with the bishop, be performed in or from the cathedral;

• “chief officer” has the meaning given in section 5(3);

• “consent” means written consent;

• “constitution”, in relation to a cathedral, is to be read with section 4(4);

• “dean” is to be read with section 13(5);

• “emolument” includes a direct or indirect benefit of any nature;

• “diocesan board of finance”, in relation to a cathedral, means the diocesan board of finance for the diocese of which that cathedral is the cathedral;

• “diocese”, in relation to a cathedral, is a reference to the diocese of which that cathedral is the cathedral;

• “ecclesiastical exemption” means the exemption under Article 6(a) of the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (England) Order 2010;

• “executive member” is to be read with paragraph 1 of Schedule 1;

• “function” means power or duty;

• “land” includes corporeal or incorporeal hereditaments of any tenure and references to acquiring or disposing of land are to be read with subsections (3) and (4);

• [F1 “lay residentiary canon” has the meaning given in section 14A(2);]

• “non-executive member” is to be read with paragraph 1 of Schedule 1;

• “original appointment date” under the Cathedrals Measure 1999, in relation to a cathedral, means the date appointed in the case of that cathedral under section 38(2) of that Measure (and referred to in that Measure as “the relevant date”);

• “permanent endowment”, in relation to a cathedral, is to be read with section 353(3) of the Charities Act 2011;

• “property” includes a thing in action and any interest in real or personal property and references to acquiring or disposing of property are to be read with subsections (3) and (4);

• “residentiary canon” includes a stipendiary canon;

• “statutes”, in relation to a cathedral, is to be read with section 7(7);

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

(2) A reference in this Measure to a cathedral which is, or part of which is, a parish church is to be read with section 40(2).

(3) A reference in this Measure to acquiring property, in relation to a cathedral, is a reference to acquiring property for any purpose connected with the cathedral and to acquiring it whether by gift or otherwise; and a reference to acquiring property by gift includes a reference to acquiring it by will.

(4) A reference in this Measure to disposing of land is a reference to selling, granting a lease or tenancy or licence of, exchanging, mortgaging or charging the land or dedicating it for the purposes of a highway.

(5) In the application of this section to the diocese of Leeds, subsection (1) has effect as if—

(a) in the definition of “cathedral duties”, at the end there were inserted “and includes a reference to duties carried out in the Minister and Parish Church of Saint Peter-at-Leeds (commonly known as Leeds Minster)”, and

(b) in the definitions of “bishop”, “diocesan board of finance” and “diocese”, for “the cathedral” there were substituted “ one of the cathedrals ”.

(6) The Cathedral Church of St Peter and St Wilfrid, commonly known as Ripon Cathedral and one of the cathedrals of the diocese of Leeds, does not come within subsection (2) but is nonetheless to be treated for the purposes of this Measure as being a parish church.

[F2 (7) For the purposes of this Measure or any other Measure (whenever passed) which makes procedural provision about a body constituted by or under 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 at any given time 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. 45(1) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 25

F2 S. 45(7) inserted (25.1.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), s. 22(2)(j), Sch. 2 para. 6

Commencement Information

I1 S. 45 in force at Royal Assent for specified purposes see s. 53(1)(b)