Cathedrals Measure, 1963
| Jurisdiction | UK Non-devolved |
| Citation | measure 1963 No. 2 |
| Year | 1963 |
Cathedrals Measure, 1963.
A MEASURE passed by the National Assembly of the Church of England to replace with new provisions the Cathedral Measures 1931 and 1934, and other enactments relating to cathedral churches; to repeal certain obsolete provisions relating to cathedral churches or to churches which are or have been collegiate churches; and for purposes connected therewith.
[31st July 1963]
Provisions as to schemes
1 Appointment and functions of commissions.
(1) For the purpose of securing the revision of the constitutions and statutes of cathedral churches, the Standing Committee of the Church Assembly shall appoint a Commission to be known as the Cathedrals Commission which shall be charged with the exercise of the following functions, that is to say:—
( a ) the preparation forthwith in accordance with the provisions of this Measure of a scheme for each cathedral church which will bring the constitution and statutes thereof into conformity with the provisions of this Measure;
( b ) where an application therefor is made on behalf of any cathedral church, the preparation in accordance with the provisions of this Measure of a scheme for including in the constitution and statutes of that cathedral church any provisions which may under this Measure be so included; and
( c ) the exercise of such other functions as are conferred on it by the following provisions of this Measure.
(2) Subject to the provisions of section four of this Measure, the functions of the Cathedrals Commission shall cease on the expiration of the period of three years from the passing of this Measure, so. however, that this subsection shall not affect the functions of that Commission in relation to any scheme which it has prepared or begun to prepare, or in respect of which an application under paragraph ( b ) of the foregoing subsection is received, before the expiration of the said period.
(3) Where after the expiration of the said period of three years an application is made to the Church Assembly on behalf of any cathedral church for the preparation of a scheme under this Measure for revising the constitution and statutes of that cathedral church, the Standing Committee of the Church Assembly may in pursuance of a resolution of the Assembly appoint a commission (in this Measure referred to as a ‘special commission’) for that cathedral church, and the special commission shall be charged with the preparation of that scheme in accordance with the provisions of this Measure and with the exercise of such other functions as are conferred on it by the following provisions of this Measure.
(4) The Cathedrals Commission on the confirmation of all schemes which it has prepared shall report to the Standing Committee of the Church Assembly that its functions have been fully exercised or, where its functions have been fully exercised except in relation to any scheme under paragraph ( b ) of subsection (1) of this section on which agreement cannot be reached or with which it is not desired to proceed, the Cathedrals Commission may request the said Standing Committee to discharge the Commission:
Provided that the Cathedrals Commission shall not report to the Standing Committee of the Church Assembly under this section or request the said Standing Committee to discharge the Commission until after the expiration of the period of three years from the passing of this Measure.
(5) A special commission shall on the confirmation of the scheme prepared by it report to the Standing Committee of the Church Assembly that its functions have been fully exercised or, where agreement cannot be reached on the provisions of a scheme or it is not desired to proceed with the scheme, may request the said Standing Committee to discharge the commission.
(6) In the following provisions of this Measure the expression ‘the Commission’ includes the Cathedrals Commission and a special commission.
2 Consenting bodies.
(1) The Commission shall prepare any draft scheme under this Measure after consultation with the consenting body of the cathedral church to which the draft scheme relates, and any application made on behalf of a cathedral church under the foregoing section shall be made in pursuance of a resolution of the consenting body thereof.
(2) The consenting body of any cathedral church for which a draft scheme is being prepared under this Measure shall so far as practicable give to every person connected with the cathedral church who appears to be affected by any proposals contained in the draft scheme notice of those proposals, and any such notice shall state that the Commission will consider any representations with respect to the draft scheme made by any person within two months from the date of the receipt by him of that notice.
(3) After complying with the provisions of the last foregoing subsection, the consenting body shall notify the Commission accordingly, and any such notification shall include a list of the persons notified under the said subsection.
(4) For the purposes of this Measure the expression ‘consenting body’—
( a ) in the case of a dean and chapter cathedral, means the administrative chapter thereof, or, if there is not an administrative chapter, the general chapter thereof; and
( b ) in the case of a parish church cathedral, means the cathedral council thereof:
Provided that a scheme under this Measure may provide that a body other than the body specified in this subsection shall be the consenting body for the purposes of this Measure in relation to the cathedral church to which the scheme relates.
3 Procedure for making schemes.
(1) The Commission shall submit any draft scheme prepared by it—
( a ) to the bishop,
( b ) to the Church Commissioners, and
( c ) so far as is practicable, to any other person to whom the Commission considers that the draft scheme should be submitted in order to ensure that all persons affected thereby are informed of the proposals contained therein,
together with a statement that it will consider any representations with respect to the draft scheme made within two months from the date on which the draft scheme is so submitted.
(2) The Commission shall also publish, in at least one newspaper circulating in the district in which the cathedral church to which the draft scheme relates is situated, a notice of the preparation of the draft scheme setting out its objects and specifying the place in the diocese where copies thereof may (on payment of such fee as may be prescribed in the notice) be inspected and stating that the Commission will consider any representations with respect to the draft scheme made within the period of two months from the date of the publication of the notice.
(3) After the expiration of the period during which representations may be made under the foregoing provisions of this Measure, the Commission shall send a copy of all representations duly made to it under those provisions to all persons to whom the draft scheme has been submitted under subsection (1) of this section or to whom notice of any proposals contained in the draft scheme has been given under subsection (2) of the last foregoing section; and any person to whom a copy of representations is sent under this subsection may within one month from the receipt thereof make representations with respect thereto to the Commission.
(4) After considering any representations duly made to it under the foregoing provisions of this Measure the Commission may amend the draft scheme as it may think expedient.
(5) After considering representations and making amendments (if any) as aforesaid, the Commission shall submit the draft scheme to the bishop and the consenting body for their respective consents, and shall also send a copy of the draft scheme to the Church Commissioners.
(6) Upon obtaining the consent of the bishop and the consenting body, the Commission shall lay the draft scheme before the Church Assembly, and
( a ) if, before the end of the session of the Assembly at which the draft scheme is laid, a resolution is passed by the Assembly directing the Commission not to seal the draft scheme, no further proceedings shall be taken in relation to the draft scheme, but without prejudice to the preparation of a new draft scheme; or
( b ) if, before the end of the said session no such resolution is passed as aforesaid, the Commission shall seal the scheme.
Any scheme required to be sealed by the Commission under this subsection shall be sealed by the chairman of the Commission on its behalf, or, in the case of absence or incapacity of the chairman, by two other members of the Commission nominated by the Commission for that purpose; and the sealing of the scheme by the chairman or by two members nominated as aforesaid shall be conclusive evidence that the provisions of this section relating to the preparation of the scheme have been complied with.
(7) The Commission shall, as soon as possible after the scheme is sealed as aforesaid, submit the scheme for the approval of Her Majesty in Council and shall—
( a ) notify the consenting body, the bishop, the Church Commissioners and any person who has made representations to the Commission under the foregoing provisions of this Measure that the scheme has been so submitted; and
( b ) publish in the London Gazette notice that the scheme has been so submitted:
Provided that during the vacancy of a see the provisions of this subsection requiring notification of the bishop shall not apply.
(8) Within one month from the publication in the London Gazette of a notice that the scheme has been submitted for the approval of...
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