Care of Cathedrals Measure 1990

JurisdictionUK Non-devolved
Citationmeasure 1990 No. 2


Care of Cathedrals Measure1990

A Measure passed by the General Synod of the Church of England to make further provision for the care and conservation of cathedral churches.

[26th July 1990]

General principle

General principle

S-1 Duty to have regard to cathedral's purpose.

1 Duty to have regard to cathedral's purpose.

Any body on which functions of care and conservation are conferred by this Measure shall in exercising those functions have due regard to the fact that the cathedral church is the seat of the bishop and a centre of worship and mission.

Approval required for alterations to cathedrals

Approval required for alterations to cathedrals

S-2 Approval required for alterations to cathedrals.

2 Approval required for alterations to cathedrals.

(1) Subject to subsection (2) below and to section 5 of this Measure, the administrative body of a cathedral church shall not implement any proposal—

(a) for the carrying out of works on, above or below land the fee simple in which is vested in the chapter of the cathedral church, being works which would materially affect—

(i) the architectural, archaeological, artistic or historic character of the cathedral church or any building within the precinct of the cathedral church which is for the time being used for ecclesiastical purposes, or

(ii) the immediate setting of the cathedral church, or

(iii) any archaeological remains within the precinct of the cathedral church, or

(b) for the sale, loan or other disposal of any object the property in which is vested in the chapter of the cathedral church, being an object of architectural, archaeological, artistic or historic interest, or

(c) for the permanent addition to the cathedral church of any object which would materially affect the architectural, archaeological, artistic or historic character of the cathedral church,

unless the proposal has been approved under this Measure.

(2) Subsection (1) above shall not apply in relation to anything which—

(a) is done by the administrative body in furtherance of its duties under the constitution and statutes of the cathedral church with respect to the ordering of services or otherwise in furtherance of the mission of the cathedral church,

(b) is of a temporary nature, and

(c) does not materially affect the fabric of the cathedral church.

Establishment and functions of the Cathedrals Fabric Commission and fabric advisory committees.

Establishment and functions of the Cathedrals Fabric Commission and fabric advisory committees.

S-3 The Cathedrals Fabric Commission for England.

3 The Cathedrals Fabric Commission for England.

(1) There shall be established a body to be called the Cathedrals Fabric Commission for England (in this Measure referred to as ‘the Commission’) which shall have the functions assigned to it by this Measure.

(2) It shall be the duty of the Commission—

(a) to give advice to the administrative body of a cathedral church, and to the fabric advisory committee, on the care, conservation, repair or development of the cathedral church;

(b) to consider and determine any application made to it in accordance with the provisions of this Measure by the administrative body of a cathedral church;

(c) to promote co-operation between the Commission and organisations concerned with the care and study of buildings of architectural, archaeological, artistic or historic interest in England;

(d) to assist the administrative bodies of cathedral churches by participating in educational and research projects which in the view of the Commission will promote the care, conservation, repair or development of cathedral churches and their ancillary buildings; and

(e) to maintain jointly with the Council for the Care of Churches, a library of books, plans, drawings, photographs and other material relating to cathedral churches and the objects in them.

(3) The provisions of Schedule 1 to this Measure shall have effect with respect to the Commission.

S-4 Establishment of fabric advisory committees.

4 Establishment of fabric advisory committees.

(1) The administrative body of every cathedral church and the Commission shall jointly establish a committee, to be called the fabric advisory committee, which shall have the functions assigned to it by this Measure.

(2) It shall be the duty of the fabric advisory committee—

(a) to give advice to the administrative body of the cathedral church on the care, conservation, repair or development of the cathedral church; and

(b) to consider and determine any application made to it in accordance with the provisions of this Measure by the administrative body of the cathedral church.

(3) The provisions of Schedule 2 to this Measure shall have effect with respect to fabric advisory committees.

S-5 Powers of fabric advisory committee in relation to application of section 2.

5 Powers of fabric advisory committee in relation to application of section 2.

(1) The fabric advisory committee shall have power, after consultation with the administrative body and subject to the agreement of the Commission, to determine that section 2 of this Measure is not to apply to proposals of any class or description specified by the committee, and to vary or revoke any determination made under this subsection.

(2) If the administrative body wishes to have it determined whether a proposal is one to which section 2 of this Measure does not apply by virtue of subsection (1) above the fabric advisory committee shall have power to determine that question.

Applications for approval

Applications for approval

S-6 Body to which application for approval to be made.

6 Body to which application for approval to be made.

(1) Any application for approval for a proposal shall be made to the Commission where—

(a) the proposal would involve—

(i)the carrying out of works which would permanently alter the fabric of the cathedral church or any building within the precinct of the cathedral church which is for the time being used for ecclesiastical purposes, or

(ii) the demolition of any part of the cathedral church or any such building, or

(iii) the disturbance or destruction of any archaeological remains within the precinct of the cathedral church, or

(iv) the sale, loan or other disposal of any object for the time being designated under section 13(2) of this Measure in relation to the cathedral church as being of outstanding architectural, archaeological, artistic or historic interest, or

(b) the Commission declares in writing that the proposal gives rise to considerations of such special architectural, archaeological, artistic or historic interest that the application should be determined by it;

and any application for approval for any other proposal shall be made to the fabric advisory committee.

(2) If the administrative body or the fabric advisory committee wishes to have it determined whether under subsection (1) above an application for approval is required to be made to the committee or to the Commission, the Commission shall have power to determine that question.

(3) Where, on an application made to the fabric advisory committee by virtue of subsection (1) above (not being an application in respect of which a determination has been made under subsection (2) above), at least three members of the committee present and voting determine that the proposal in question gives rise to considerations of such special architectural, archaeological, artistic or historic interest that the application should be determined by the Commission, the secretary of the committee shall refer the application to the Commission and shall notify the administrative body accordingly; and section 8 of this Measure shall apply in relation to that application.

(4) Any application under this section shall be made in accordance with rules made under this Measure.

S-7 Applications for approval of fabric advisory committee.

7 Applications for approval of fabric advisory committee.

(1) Where any application is made by the administrative body of a cathedral church for the approval of the fabric advisory committee, the chapter clerk shall display in the prescribed manner a notice in the prescribed form specifying the place where details of the proposal are available for inspection and stating that representations in writing with respect to the proposal may be sent to the secretary of the committee before the end of the prescribed period; and he shall also send such a notice—

(a) to the Commission, and

(b) if the application relates to a proposal of a kind described in section 2(1)(a) of this Measure, to the local planning authority.

(2) After considering any representations made to it under this section, the fabric advisory committee shall determine whether to give its approval to the proposal, either unconditionally or subject to such conditions as it may specify, or whether to refuse to give its approval.

(3) The secretary of the fabric advisory committee shall send notice of the committee's decision—

(a) to the administrative body of...

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