Care of Cathedrals Measure 1990 (No. 2) (repealed)

2 Approval required for alterations to cathedrals. U.K.

(1) Subject to subsection (2) below and to [F1 sections 5 and 6] of this Measure, the [F2 Chapter of a cathedral] shall not implement[F3 or consent to the implementation of] any proposal—

(a) for the carrying out of works[F4 , including works of repair or maintenance,] on, above or below land the fee simple in which is vested in the [F5 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 within the precinct of the cathedral church, or

[F6 (iv) any human 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 [F7 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 6A below applies]

[F8 (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]

(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 [F2 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.

[F9 (3) Where a proposal has been implemented in contravention of this section, anything done in connection with such implementation may be approved under this Measure and, in that event, shall be deemed to have been done in compliance with this section.]

Textual Amendments

F1 Words in s. 2(1) substituted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 1(a), 20(3); 2007 No. 2, Instrument made by Archbishops

F2 Words in Measure substituted by 1999 No. 1, s. 36(1A) (as inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 10); 2007 No. 2, Instrument made by Archbishops

F3 Words in s. 2(1) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 1(b), 20(3); 2007 No. 2, Instrument made by Archbishops

F4 Words in s. 2(1)(a) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 1(c), 20(3); 2007 No. 2, Instrument made by Archbishops

F5 Words in s. 2(1)(a) substituted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 1(c), 20(3); 2007 No. 2, Instrument made by Archbishops

F6 S. 2(1)(a)(iv) added (1.7.2010) by Church of England (Miscellaneous Provisions) Measure 2010 (No. 1), ss. 10(3)(a), 13(2); 2010 No. 2, art. 2, Sch. 1

F7 Words in s. 2(1)(b) substituted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 1(d), 20(3); 2007 No. 2, Instrument made by Archbishops

F8 S. 2(1)(bb) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), ss. 1(e), 20(3); 2007 No. 2, Instrument made by Archbishops

F9 S. 2(3) inserted (1.10.1994) by 1994 No. 2, s. 7(2); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York