Cathedrals Measure, 1931
| Jurisdiction | UK Non-devolved |
Cathedrals Measure, 1931
(21 & 22 Geo. 5.)
A MEASURE passed by the National Assemblyof the Church of England.
To establish and to define the functions, powers, and duties of the Cathedral Commissioners for England, to make provision with respect to the constitutions, the property and revenues, the statutes of cathedral churches and the patronage of the canonries therein, and in certain cases with respect to the election of bishops by the chapters thereof, to enable the Ecclesiastical Commissioners to make grants for the benefit of cathedral churches, and for purposes connected therewith.
[8th July 1931]
Cathedral Commissioners.
Cathedral Commissioners.
1 Establishment of Commissioners.
For the purposes of this Measure there shall be established a body of Commissioners (in this Measure referred to as ‘the Commissioners’) constituted in manner laid down by the First Schedule to this Measure.
2 Principal function of Commissioners.
(1) The principal function of the Commissioners shall be to provide by means of schemes under this Measure for—
(i) the establishment of constitutions and the making of statutes for the cathedral churches to which this Measure applies;
(ii) the revision of the constitutions and statutes of such churches;
(iii) the administration and application of the property and revenues of such churches, including any trust funds applicable to any special purpose in connection with such churches and any revenues derived from voluntary payments or fees; and
(iv) the administration and application of the property and revenues annexed or belonging to any dignity or office or any corporation aggregate or sole in such churches.
(2) The Commissioners shall in performing their principal function—
(i) be responsible to the Church Assembly, have regard to any resolution passed by the Church Assembly relating to the manner in which this Measure is to be carried into effect, and make to the Church Assembly an annual report on their work;
(ii) confer with the respective consenting bodies of the cathedral churches to which this Measure applies, and, in any case where any transfer of any funds or property either to or by the Ecclesiastical Commissioners is involved, with the Ecclesiastical Commissioners;
(iii) consider and, so far as is compatible with carrying into effect the general purposes of this Measure, have regard to the history and customs of each of the cathedral churches to which this Measure applies; and
(iv) take into consideration the report, dated the twelfth day of October, nineteen hundred and twenty-seven, of the Cathedrals Commission appointed in pursuance of a resolution of the Church Assembly and the several recommendations of the said report:
Provided that nothing contained in the said report shall be deemed to be imperative.
3 Consenting bodies.
(1) For the purposes of this Measure the expression ‘consenting body’ means—
(i) in the case of each of the cathedral churches mentioned in the Second Schedule to this Measure a body comprising—
(ii) in the case of the cathedral church of Truro, the general chapter as defined by the Truro Bishopric and Chapter Acts Amendment Act, 1887 ; and
(iii) in the case of the other cathedral churches to which this Measure applies, the dean and chapter as at present constituted.
(2) Every consenting body shall have power to give any consent and to enter into any agreement with the Ecclesiastical Commissioners in any case where such consent or agreement is required to enable this Measure to be carried into effect, and for these purposes may hold meetings, regulate its own proceedings, and take such other steps as circumstances may require, but so that—
(i) in any case where a consenting body is divided in opinion, the decision of the majority shall prevail;
(ii) in the case of an equality of votes, the bishop or a dean, acting as chairman of a consenting body, shall be entitled to a second or casting vote; and,
(iii) if any question shall arise as to the composition and procedure of a consenting body under and for the purposes of this Measure, the Commissioners shall have power to determine such question.
4 Powers and duties of Commissioners.
(1) The powers and duties of the Commissioners (which shall be exercised and performed in such manner as shall contribute to the proper discharge of the principal function of the Commissioners as defined by this Measure) shall be—
(i) to require from the cathedral chapter of, or from any person holding any dignity or office in, any of the cathedral churches to which this Measure applies, or from any corporation aggregate or sole in such churches—
(ii) to frame schemes under this Measure and to take such steps as may be necessary to secure that such schemes shall, with or without modification, have effect as law in accordance with the provisions of this Measure in that behalf;
(iii) to rescind, revoke, amend, or vary the whole or any part of any scheme having effect under this Measure by a further scheme;
(iv) to promote in the Church Assembly such Measures as may be required in addition to or in lieu of schemes under this Measure;
(v) subject to the consent of the Ecclesiastical Commissioners as to the number of the persons appointed, and the respective amounts or rates of their remuneration, to appoint and remove a secretary and such other officers as may be necessary, to prescribe their duties, and to fix their remuneration;
(vi) to receive and examine the audited accounts of the cathedral churches to which this Measure applies, and to confer thereon, and also as to any increased financial provision that may be required for such churches, with the Ecclesiastical Commissioners;
(vii) to make rules regulating the conduct of their business; and
(viii) to exercise the other powers and to discharge the other duties conferred and imposed on the Commissioners by this Measure, and by schemes under this Measure.
(2) The powers of the Commissioners under this Measure may be exercised from time to time as occasion shall require.
(3) The powers of the Commissioners shall continue in force until such date not being earlier than the expiration of seven years from the passing of this Measure, or later than the expiration of twelve years from the passing of this Measure as the Church Assembly may by resolution determine, and in the absence of such determination shall cease on the expiration of twelve years from the passing of this Measure.
Schemes.
Schemes.
5 Draft schemes.
The following provisions as to schemes framed under this Measure shall have effect (that is to say):—
(i) before a draft scheme is framed for any cathedral church, the Commissioners and the consenting body of such church shall consult together about the matters to be dealt with by the scheme, and may mutually interchange suggestions relating to such matters, including suggested draft schemes, and after such consultation and due consideration by the Commissioners of all such suggestions, the Commissioners shall proceed to frame the draft scheme;
(ii) the Commissioners shall submit every draft scheme framed by them to every person or body whose consent to the scheme is required by this Measure, and shall take such steps as they may think expedient for communicating the contents thereof to such persons and bodies as are affected by the scheme and to the Church Assembly;
(iv) the Commissioners shall take such steps as they may think expedient for communicating any amendments introduced into a draft scheme under the last preceding paragraph to such persons and bodies as are affected by the scheme and to the Church Assembly;
(v) in any case where the consent of every person and body whose consent is required by this Measure has been given to a draft scheme, the Commissioners may approve such draft scheme;
(vi) every approved draft scheme shall be available for inspection by any person at some convenient place in the diocese concerned selected by the Commissioners during such period, within such hours and upon payment of such fee as the Commissioners shall determine;
(vii) the Commissioners shall publish an advertisement of every...
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