Care of Cathedrals Measure 2011

Document Number:2011 No. 1
 
FREE EXCERPT

A Measure passed by the General Synod of the Church of England to consolidate, with corrections and minor improvements, the Care of Cathedrals Measure 1990 , the Care of Cathedrals (Supplementary Provisions) Measure 1994 and the Care of Cathedrals (Amendment) Measure 2005 , and related enactments.

[24 th May 2011]

Part 1 General Principle

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.

Part 2 Approval for works to Cathedrals and approval bodies

Approval Required for Alterations to Cathedrals

2 Approval required for alterations to cathedrals

(1) Subject to subsection (2) and to sections 5 and 6 the Chapter of a cathedral shall not, unless it has been approved under this Measure, implement or consent to the implementation of any proposal—

(a) for the carrying out of works, including works of repair or maintenance, on, above or below land the fee simple in which is vested in the corporate body, 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 in or under the cathedral church or within its precinct, or

(iv) any human remains in or under the cathedral church or within its precinct, or

(b) for the sale, loan or other disposal of any object the property in which is vested in 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 7 applies, or

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

(d) 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.

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

(a) is done by the Chapter 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.

(3) Where a proposal has been implemented in contravention of this section, anything done in connection with that implementation may be approved under this Measure and, in that event, shall be deemed to have been done in compliance with this section.

Establishment and Functions of the Cathedrals Fabric Commission and Fabric Advisory Committees

3 The Cathedrals Fabric Commission for England

(1) There shall continue to be a body 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 Chapter of a cathedral, and to the fabric advisory committee, on the care, conservation, repair or development of the cathedral church, any archaeological or human remains in or under the cathedral church or within its precinct, any buildings within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b);

(b) to give advice to bishops and to the Vicar-General’s court when it is sought under section 17 or 20;

(c) to consider and determine any application made to it in accordance with the provisions of this Measure by the Chapter of a cathedral;

(d) 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;

(e) to assist the Chapters of cathedrals 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

(f) to maintain jointly with the Church Buildings Council, a library of books, plans, drawings, photographs and other material relating to cathedral and other churches and the objects in them.

(3) 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);

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

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

(d) the form and content of the records required to be kept by the Chapter under section 27.

(4) Schedule 1 shall have effect with respect to the Commission.

4 Establishment of fabric advisory committees

(1) The Chapter of every cathedral 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 Chapter of the cathedral on the care, conservation, repair or development of the cathedral church, any archaeological remains in or under the cathedral church or within its precinct, any buildings within its precinct, the landscape and environment in which the cathedral church is situated and any objects referred to in section 2(1)(b); and

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

(3) Schedule 2 shall have effect with respect to fabric advisory committees.

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) , 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 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 does not apply by virtue of subsection (1)(b) the fabric advisory committee shall have power to determine that question.

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

Application for Approval

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, including works of repair or maintenance, 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 or human remains in or under the cathedral church or within its precinct, or

(iv) the sale, loan or other disposal of or the carrying out of any work to any object for the time being designated under section 24(4) 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 other than an application under section 7(4)(a) shall be made to the fabric advisory committee.

(2) If the Chapter or the fabric advisory committee wishes to have it determined whether under subsection (1) 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) If the Commission considers that a proposal falls within subsection (1)(a) , 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.

(4) The Commission shall also have power, subject to subsection (5) , to determine that subsection (1)(a) 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.

(5) Before making a determination under subsection (4) , the Commission shall consult 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...

To continue reading

REQUEST YOUR TRIAL