Cathedrals Measure 1999

Document Number:1999 No. 1
Coming into force:Coming into force on the 01/02/2001
 
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A Measure passed by the General Synod of the Church of England to make further provision with respect to the constitution, statutes and administration of cathedrals.

[30 th June 1999]

Part IGoverning bodies and financial provisions

General provisions

1 Duty to have regard to cathedral’s purpose

Any person or body on whom functions are conferred by or under this Measure shall, in exercising those functions, have due regard to the fact that the cathedral is the seat of the bishop and a centre of worship and mission.

2 Establishment of cathedral bodies

For each cathedral there shall, as from the relevant date, be a body called “the Council”, a body called “the Chapter” and a body called “the College of Canons” and references in this Measure to any of those bodies shall be construed as referring to that body as established for the cathedral concerned.

3 The Council

(1) The constitution of each cathedral shall provide for the establishment of the Council in accordance with the following provisions of this section.

(2) The bishop shall be entitled to be present and speak, but not to vote, at meetings.

(3) The bishop shall appoint a lay person, not being a member of the Chapter, to be chairman, but—

(a) before doing so he shall afford the Chapter an opportunity to express views both in general as to the appointment and as to any specific person proposed by the bishop for appointment, and

(b) in deciding whom to appoint he shall have regard to those views.

(4) The membership shall consist of—

(a) the chairman,

(b) the dean,

(c) a prescribed number (not less than two nor more than five) of other members of the Chapter chosen by it,

(d) two members of the College of Canons appointed by it,

(e) a prescribed number (not less than two nor more than four) of lay persons, not being members of the Chapter, representing the interests of the cathedral community elected in the prescribed manner, and

(f) a prescribed number (not less than five nor more than ten) of persons appointed in the prescribed manner, being persons having experience in connection with the work of the cathedral or the ability to reflect local, diocesan, ecumenical or national interests in that connection.

(5) The members of the Council (other than the dean) shall hold office for a term of years to be prescribed but shall be eligible for membership for further terms of office.

(6) It shall be the duty of the Council to further and support the work of the cathedral, spiritual, pastoral, evangelistic, social and ecumenical, reviewing and advising upon the direction and oversight of that work by the Chapter and in particular, without prejudice to the generality of the foregoing, to—

(a) consider proposals submitted by the Chapter in connection with the general direction and mission of the cathedral and to give advice on them to the Chapter,

(b) receive and consider the annual budget of the cathedral,

(c) receive and consider the annual report and audited accounts,

(d) consider proposals submitted by the Chapter in connection with the constitution and statutes of the cathedral with a view to their revision under Part II of this Measure, and

(e) perform such other functions as may be prescribed.

(7) The Council may—

(a) request reports from the Chapter on any matter concerning the cathedral,

(b) discuss and declare its opinion on any such matter, and

(c) draw any matter to the attention of the Visitor or the Church Commissioners.

(8) The Council shall meet on at least two occasions in each calendar year.

4 The Chapter

(1) The constitution of each cathedral shall provide for the establishment of the Chapter in accordance with the following provisions of this section.

(2) Subject to the following provisions of this section the membership shall consist of—

(a) the dean and all the residentiary canons of the cathedral, and

(b) a prescribed number (not less than two nor more than seven) of other persons, at least two-thirds of whom shall be lay, chosen in the prescribed manner.

(3) The constitution may provide for the administrator of the cathedral to be an additional member of the Chapter.

(4) A person shall be disqualified from being a member of the Chapter if he is disqualified from being a charity trustee under section 72(1) of [1993 c. 10.] the Charities Act 1993 and the disqualification is not for the time being subject to a waiver by the archbishop of the province concerned under subsection (5) below in respect of that Chapter; and a member who becomes disqualified by virtue of this subsection shall cease to be a member.

(5) The archbishop of the province concerned may, on the application of any person disqualified under subsection (4) above from being a member of the Chapter, waive his disqualification in respect of that Chapter; and any waiver under this subsection shall be notified in writing to the person concerned.

(6) The dean shall be—

(a) the chairman and shall have a second or casting vote, and

(b) a member of every committee of the Chapter.

(7) The members mentioned in subsection (2)(b) above shall hold office for three years but shall be eligible for membership for further terms of office.

(8) It shall be the duty of the Chapter to direct and oversee the administration of the affairs of the cathedral and in particular, without prejudice to the generality of the foregoing, to—

(a) order the worship and promote the mission of the cathedral,

(b) formulate, after consultation with the bishop, proposals in connection with the general direction and mission of the cathedral and submit them to the Council for its advice,

(c) prepare an annual budget for the cathedral,

(d) submit to the Council the annual report and audited accounts prepared by the Chapter in accordance with section 27 below and such other reports as may be requested by the Council on any matter concerning the cathedral,

(e) submit to the College of Canons the annual report and audited accounts prepared as aforesaid,

(f) keep under review the constitution and statutes of the cathedral and submit any proposals for their revision to the Council,

(g) manage all property vested in the cathedral and the income accruing from it and, in particular, ensure that necessary repairs and maintenance in respect of the cathedral and its contents and other buildings and monuments are carried out, and

(h) perform such other functions as may be prescribed.

(9) The Chapter shall have power to acquire and dispose of property on behalf of the corporate body established in accordance with section 9(1)(a) below, subject to any consent required by section 15 below:

Provided that moneys which form part of the endowment of the cathedral shall not be invested or used except as provided by section 16 below.

(10) The Chapter shall hold the common seal of the cathedral and affix it when required.

(11) Decisions taken by the Chapter in the absence of the dean are subject to the provisions of section 7(3) below.

(12) The Chapter shall meet on at least nine occasions in each calendar year.

5 The College of Canons

(1) The constitution of each cathedral shall provide for the establishment of the College of Canons in accordance with the following provisions of this section.

(2) The membership shall consist of—

(a) the dean,

(b) every suffragan bishop of the diocese in question,

(c) every full-time stipendiary assistant bishop of the diocese in question,

(d) every canon of the cathedral, and

(e) every archdeacon of the diocese in question.

(3) The College of Canons shall perform the functions conferred by the [25 Hen. 8 c.20.] Appointment of Bishops Act 1533 on the dean and chapter, and that Act shall accordingly have effect as if references to the dean and chapter were references to the College of Canons.

(4) The College of Canons shall—

(a) receive and consider the annual report and audited accounts,

(b) discuss such matters concerning the cathedral as may be raised by any of its members, and

(c) perform such other functions as may be prescribed.

6 Provisions concerning bishops

(1) The bishop shall have the principal seat and dignity in the cathedral.

After consultation with the Chapter and subject to any provision in the statutes, he may officiate in the cathedral and use it in his work of teaching and mission, for ordinations and synods and for other diocesan occasions and purposes.

(2) The Chapter shall from time to time consult the bishop in respect of the general direction and mission of the cathedral, and the bishop may at any time seek the advice of the Chapter on any matter.

(3) The constitution of each cathedral shall provide that the bishop shall be the Visitor thereof.

(4) The bishop shall as Visitor hear and determine any question as to the construction of the constitution and statutes.

(5) The bishop may hold a visitation of the cathedral when he considers it desirable or necessary to do so or when requested by the Council or the Chapter.

(6) In the course of a visitation, the bishop may give such directions to the Chapter, to the holder of any office in the cathedral or to any person employed by the cathedral as will, in the opinion of the bishop, better serve the due observance of the constitution and statutes.

(7) It shall be the duty of any person or body on whom functions are conferred by or under this Measure to act in accordance with any determination under subsection (4) above and any direction under subsection (6) above.

(8) The provisions of subsections (4) to (7) above are without prejudice to the powers of the bishop under the [1994 No.2.] Care of Cathedrals (Supplementary Provisions) Measure 1994 and his powers as Visitor generally.

(9) The bishop may at any time propose for consideration by the Council amendments to the constitution and statutes.

7 Provisions concerning deans

(1) The principal dignitary of the cathedral, next after the bishop, shall be known as the dean.

(2) It shall be the duty of the dean as chairman of the Chapter to govern and direct on its behalf the life and...

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