Care of Cathedrals (Supplementary Provisions) Measure 1994
| Jurisdiction | UK Non-devolved |
| Citation | measure 1994 No. 2 |
Care of Cathedrals(Supplementary Provisions)Measure 1994
A Measure passed by the General Synod of the Church of England to make further provision in connection with the care and conservation of cathedral churches.
[21st July 1994]
1 Preliminary interview re. contravention of s.2 of 1990 Measure.
Subject to section 3(1) below, where it appears to the bishop of a diocese, whether of his own motion or on the advice of the Cathedrals Fabric Commission or on the basis of an allegation made by another person, that the administrative body of the cathedral church of the diocese may have committed or be intending to commit an act in contravention of section 2 of the 1990 Measure, he shall, as soon as practicable and before taking any further action, afford to the members of the administrative body an opportunity of being interviewed in private by him with respect to the matter in question.
2 Power of bishop to order special visitation.
(1) Subject to subsection (2) below, where it appears to a bishop, after complying with section 1 above with respect to the members of an administrative body, that the administrative body has committed or is intending to commit an act as mentioned in that section, he shall within such period as may be prescribed order a special visitation under this section in respect of the cathedral church concerned for the purpose of inquiring into the matter in question; and, if he does so, he shall cause a written statement of his reasons for ordering the visitation to be sent to the administrative body.
(2) It shall not be necessary for a bishop to order a special visitation under this section in respect of any act if—
(a) he is satisfied that the administrative body concerned intends to make an application for approval of that act under the 1990 Measure; or
(b) the administrative body concerned has made such an application and the application has not been refused; or
(c) he considers that there are exceptional reasons for not doing so.
(3) Without prejudice to any rule of law as to the effect of episcopal visitations, where a special visitation under this section is ordered by a bishop in respect of a cathedral church, the administrative body of the cathedral church shall have no power to act as such with regard to the matter under inquiry without the prior approval in writing of the bishop.
(4) A special visitation under this section shall not be treated as an episcopal visitation for the purposes of any provision contained in the constitution and statutes of the cathedral church concerned restricting the ordering of such visitations.
3 Power of bishop to give directions.
(1) Where it appears to a bishop that an administrative body may have committed or be intending to commit an act in contravention of section 2 of the 1990 Measure and he is satisfied, having regard to the urgency of the matter, that there is insufficient time to comply with section 1 above he may from time to time give such interim directions with respect to the matter in question as he thinks fit to the administrative body before complying with that section.
(2) Where a bishop has ordered a special visitation he may from time to time give such directions with respect to the matter in question as he thinks fit to the administrative body concerned.
(3) Without prejudice to the generality of the powers to give directions under this section, such directions may require the administrative body—
(a) to take such steps as the bishop may consider necessary for the purpose of avoiding a contravention of section 2 of the 1990 Measure;
(b) to refrain from taking such steps as the bishop may consider likely to lead to such a contravention;
(c) to take such steps as the bishop may consider necessary for the purpose of restoring the position so far as possible to that which existed before the act was committed.
(4) Before a bishop gives directions under this section which include a requirement of the kind mentioned in subsection (3)(c) above he shall seek the advice of the Cathedrals Fabric Commission.
(5) Directions given by a bishop under this section shall be in writing unless he is satisfied, having regard to the urgency of the matter, that there is insufficient time for them to be committed to writing; but if they are given orally he shall as soon as practicable commit them to writing.
(6) It shall be the duty of an administrative body to which directions are given under this section to comply with them.
4 Institution of proceedings for injunction or restoration order.
(1) Where a bishop has ordered a special visitation and he considers it necessary or expedient to take further steps in respect of any actual or intended contravention of section 2 of the 1990 Measure, he may authorise a person designated by him for the purposes of this Measure, either generally or in a particular case, to institute proceedings on his behalf against the administrative body of the cathedral church concerned for the purpose of obtaining an injunction or restoration order or both against the administrative body.
(2) Where a bishop proposes to authorise the institution of proceedings under subsection (1) above, he shall inform the Commissioners of the course he proposes to take and the Commissioners shall, as soon as practicable—
(a) decide whether or not they would be prepared to pay, under section 58 of the Ecclesiastical Jurisdiction Measure 1963, any costs or expenses incurred in respect of the proceedings and, if so, to what extent; and
(b) notify the bishop of their decision.
5 Jurisdiction and composition of Vicar-General's court.
(1) The Vicar-General's court of each of the provinces of Canterbury and York shall, in respect of every cathedral church in the province, have original jurisdiction to hear and determine proceedings instituted under section 4 above.
(2) Where, in any such proceedings—
(a) the Vicar-General is for any reason unable to act; or
(b) the cathedral church concerned is in a diocese of which the Vicar-General is the chancellor,
the court shall be presided over by a chancellor appointed by the Archbishop of the province of Canterbury or York, as the case may be, to act as deputy Vicar-General; and a chancellor so appointed shall have all the powers and perform all the duties of the Vicar-General.
(3) Any such proceedings shall be instituted and...
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