Care of Cathedrals (Amendment) Measure 2005

Document Number:2005 No. 2
 
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A Measure passed by the General Synod of the Church of England to amend the Care of Cathedrals Measure 1990 and the Cathedrals Measure 1999; and for connected purposes.

[24 th March 2005]

1 Approval for cathedral works

Section 2(1) of the Care of Cathedrals Measure 1990 (1990 No.2) (“the 1990 Measure”) shall be amended as follows—

(a) for the words “section 5” there shall be substituted the words “sections 5 and 6”;

(b) after the word “implement” there shall be inserted the words “or consent to the implementation of”;

(c) in paragraph (a) , for the words “chapter of the cathedral church” there shall be substituted the words “corporate body” and after the word “works”, in the first place where it occurs, there shall be inserted the words “, including works of repair or maintenance,”;

(d) in paragraph (b) , for the words after “vested in” to the end there shall be substituted the words “the corporate body or which is in the possession or custody of the corporate body or to whose possession or custody the corporate body is entitled, being an object of architectural, archaeological, artistic or historic interest, including any object to which section 6 A below applies”; and

(e) after paragraph (b) there shall be inserted the following paragraph—

“(bb) for the carrying out of any work to any such object as is referred to in paragraph (b) above which would materially affect the architectural, archaeological, artistic or historic character of the object, or”.

2 Functions of the Cathedrals Fabric Commission for England

(1) In section 3(2)(a) of the 1990 Measure, after the words “cathedral church”, in the second place where those words occur, there shall be added at the end the words “, any buildings or archaeological remains within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b) above”.

(2) After section 3(2) of the 1990 Measure, there shall be inserted the following subsection—

“(2 A) It shall also be the duty of the Commission to promote, in consultation with Chapters, fabric advisory committees and such other persons or organisations as it thinks fit, by means of guidance or otherwise, standards of good practice to be observed in relation to—

(a) the matters referred to in subsection (2)(a) above;

(b) the role and duties of cathedral architects or surveyors of the fabric and cathedral archaeologists;

(c) the compilation, maintenance and dissemination of information of architectural, archaeological, artistic and historic interest concerning cathedral churches, buildings and archaeological remains within their precincts and any objects referred to in section 2(1)(b) above; and

(d) the form and content of the records required to be kept by the Chapter under section 14 B(a) below.”.

3 Functions of fabric advisory committees

In section 4(2)(a) of the 1990 Measure, after the words “cathedral church”, in the second place where those words occur, there shall be added at the end the words “, any buildings or archaeological remains within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b) above”.

4 Powers of fabric advisory committee in relation to application of section 2

For section 5 of the 1990 Measure there shall be substituted the following section—

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

(1) The fabric advisory committee shall have power—

(a) if requested to do so by the Chapter, to determine whether, under section 2(1) above, an application for approval of a proposal by the Chapter is required to be made; and

(b) after consultation with the Chapter and subject to the agreement of the Commission, to determine that section 2 above 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 paragraph.

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

(3) Where the Commission has made a determination under section 6(2) below in relation to any matter, the fabric advisory committee shall not make a determination under subsection (1)(a) above in relation to the same matter.”.

5 Body to which application for approval to be made

(1) Section 6(1)(a) of the 1990 Measure shall be amended as follows—

(a) in sub-paragraph (i) , after “works” there shall be inserted the words “, including works of repair or maintenance,”; and

(b) in sub-paragraph (iv) , after the words “disposal of” there shall be inserted the words “or the carrying out of any work to”.

(2) In section 6(1) of the 1990 Measure, after the words “any other proposal” there shall be inserted the words “other than an application under section 6 A(4)(a) below”.

(3) After section 6(2) of the 1990 Measure, there shall be inserted the following subsections—

“(2 A) If the Commission considers that a proposal falls within subsection (1)(a) above, but that the proposal does not give rise to considerations of sufficient importance to require an application to be considered by it, it may make a declaration in writing to that effect and any application for approval of the proposal shall be made instead to the fabric advisory committee.

(2 B) The Commission shall also have power, after consultation with any relevant Chapter and any relevant fabric advisory committee, English Heritage, the national amenity societies (or such person as the societies shall jointly appoint for the purposes of this section) and, in the case of a proposal of a kind described in section 2(1)(a) above, any relevant local planning authority, to determine that subsection (1)(a) above shall not apply to proposals of any class or description specified by the Commission in relation either to cathedrals generally or to such cathedrals as may be specified and to vary or revoke any determination made under this subsection and any application for approval of any such proposal shall be made instead to the fabric advisory committee.

(2 C) If, following a request in writing from the Chapter of a cathedral, the Commission is satisfied—

(a) that a proposal or intended proposal falls within section 2(1)(a)(ii) or (iii) above;

(b) that the proposal does not relate to the cathedral church or a building within the precinct of the cathedral church for the time being used for ecclesiastical purposes;

(c) that planning permission, listed building consent or scheduled monument consent is required for the carrying out of all the works to which the proposal relates; and

(d) that any considerations relevant to preserving the immediate setting of the cathedral church or any archaeological remains within the precinct of the cathedral church will be or have been adequately taken into account by the person or body responsible for granting the permission or consent;

the Commission may, after consulting the local planning authority, the fabric advisory committee and English Heritage, make a declaration in writing that no approval is required under this Measure for the proposal.

(2 D) In subsection (2 C) above “planning permission”, “listed building consent” and “scheduled monument consent” have the meanings respectively assigned to them by section 336(1) of the Town and Country Planning Act 1990 (c. 8) , section 8(7) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) and section 2(3)(a) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46).”.

(4) In section 6(4) of the 1990 Measure for the words “this Measure” there shall be substituted the words “section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1)”.

6 Treasure

After section 6 of the 1990 Measure there shall be inserted the following section—

“6 ATreasure

(1) This section applies to any object which would, but for an order under section 2(2) of the Treasure Act 1996 (c. 24) , be treasure within the meaning of that Act and which is found within the precinct of a cathedral.

(2) Where the administrator of the cathedral becomes aware that an object has been discovered which appears to be an object to which this section applies the administrator—

(a) shall within fourteen days notify the Commission in writing of the discovery; and

(b) shall arrange for the object to be recorded in the inventory required to be compiled and maintained under section 13 below and designated as treasure in that inventory in accordance with directions issued by the Commission.

(3) On receipt of a notification under subsection (2) above the secretary of the Commission shall report the discovery, in writing, to the Secretary of State or to such person or body as may be designated by the Secretary of State.

(4) The Chapter of the cathedral shall—

(a) before implementing any proposal for the sale, loan or other disposal of an object to which this section applies, apply to the Commission for approval, unless the Commission’s approval is required under section 6 above; and

(b) before implementing any proposal for the sale or other disposal (other than a loan) of such an object, afford the British Museum or another registered museum nominated by the British Museum an opportunity of purchasing the object.

(5) Rules made under section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1) may prescribe the procedure to be followed in connection with any matters arising under this section and in particular shall make provision for determining the purchase price to be paid under subsection (4)(b) above and for the procedure for and the matters to be taken into account in...

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