- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/01/2011)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 14/03/2012
Point in time view as at 31/01/2011.
There are currently no known outstanding effects for the Cathedrals Measure 1999, Cross Heading: Provisions as to property.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Where immediately before the relevant date any property is vested in the dean and chapter of a cathedral or the cathedral chapter of a cathedral, that property shall by virtue of this section and without any conveyance, assignment, transfer or other assurance vest in the cathedral together with, in the case of land, any easements, rights or other privileges annexed thereto:
Provided that the vesting of any property by virtue of this section shall not affect any previously existing trust or contract or any mortgage or other charge affecting the property.
(1)The Church Commissioners with the consent of the Chapter may prepare a scheme providing for the transfer of property by the Commissioners to the cathedral.
(2)A scheme under subsection (1) above may—
(a)amend or repeal the provisions of any other scheme made under any Act or Measure relating to the property of the cathedral concerned, other than provisions forming part of the constitution and statutes of the cathedral;
(b)contain such incidental, consequential or supplementary provisions as may be necessary or expedient for giving full effect to the scheme.
(1)Before exercising any power to acquire or dispose of land the Chapter shall obtain the consent of the Church Commissioners and also in the case of the disposal of a house of residence—
(a)the consent of the dean or residentiary canon who normally occupies the house except during a vacancy in the office of the dean or residentiary canon, as the case may be, and
(b)where the house is allocated for the use of the holder of a dignity the right of presentation to which is vested in Her Majesty, the consent of Her Majesty:
Provided that no consent shall be required under this subsection for—
(i)the grant of a lease to a clerk in Holy Orders holding office in the cathedral or to any person employed in connection with the cathedral, or
(ii)the acquisition of land by a gift inter vivos or by will, or
(iii)any transaction for which the sanction of an order is required under section 36 of the M1Charities Act 1993, or
(iv)any transaction relating to land which immediately before the relevant date is held by the dean and chapter of the cathedral of St Paul in London as part of the Tillingham estate.
(2)The Church Commissioners may by order except from the provisions of subsection (1) above transactions relating to land forming part of an estate specified in the order or transactions of a class so specified or relating to property of a class so specified.
(3)The powers conferred by section 4(9) above may be exercised notwithstanding that the consideration for any transaction executed thereunder may not be the full consideration.
(4)The sealing by the Church Commissioners of any document under this section shall be conclusive evidence that all the requirements of this section with respect to the transaction to which the document relates have been complied with.
(5)A statement in a document sealed by the Chapter that the consent thereto of the Church Commissioners is not required under this section shall be sufficient evidence of that fact.
Modifications etc. (not altering text)
C1S. 15(1) excluded (31.1.2011) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), ss. 11(8), 13(2) (with s. 9); S.I. 2010/8, art. 2
Marginal Citations
(1)Subject to the provisions of this section, the Chapter of any cathedral may exercise the following powers in respect of moneys which form part of the endowment of the cathedral or are otherwise vested in the cathedral or which are vested in the Church Commissioners on its behalf, that is to say—
(a)power to invest such moneys in the acquisition of land, including participation in any collective investment scheme operated for the purposes of this paragraph by the Church Commissioners,
(b)power to invest such moneys in any investment fund or deposit fund constituted under the M2Church Funds Investment Measure 1958,
[F1(c)power to invest in any investments in which trustees may invest under the general power of investment in section 3 of the Trustee Act 2000 (as restricted by sections 4 and 5 of that Act),]
(d)subject to subsection (3) below, power to use such moneys for the improvement or development of any property vested in the cathedral,
F2. . ..
(2)The Chapter of any cathedral shall before investing any moneys in the acquisition of land obtain the like consents as are required under section 15 above for the acquisition of land.
(3)Moneys which form part of the endowment of the cathedral may not be used for the improvement or development of the cathedral or any other building falling within paragraph 5(2)(a) of the M3Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 and the Chapter shall before using them for the improvement or development of any other property obtain the consent of the Church Commissioners.
(4)Moneys which form part of the endowment of the cathedral may not be used for the repair of any property:
Provided that, where the Chapter is satisfied that an emergency has arisen which justifies the expenditure of such moneys on the repair of the cathedral or any other building falling within paragraph 5(2)(a) of the said Order of 1994, it may, with the consent of the Church Commissioners, incur that expenditure and the sum expended shall be replaced by the Chapter within such period and in such manner as may be agreed between the Church Commissioners and the Chapter.
Textual Amendments
F1S. 16(1)(c) substituted (1.2.2001) by 2000 c. 29, s. 40, Sch. 2 Pt. III para. 57(a) (with s. 35); S.I. 2001/49, art. 2
F2Words in s. 16(1) repealed (1.2.2001) by 2000 c. 29, s. 40, Sch. 2 Pt. III para. 57(b), Sch. 4 Pt. II (with s. 35); S.I. 2001/49, art. 2
Marginal Citations
Where any property which forms part of the endowment of a cathedral is disposed of, the proceeds of the disposal (including any moneys received by way of loan on a mortgage or charge on land or premium on the grant of a lease) shall be treated as part of the endowment of the cathedral.
Where the Church Commissioners hold on behalf of any cathedral any moneys which form part of the endowment of that cathedral the Church Commissioners may, if the Chapter requests them to do so, make payments out of those moneys for the purpose of enabling the Chapter to exercise any of the powers conferred by section 16 above.
The Chapter of any cathedral may allocate for the use of any person holding an office in connection with the cathedral, as a residence from which to perform the duties of that office, any house vested in the cathedral.
(1)It shall be the duty of the Chapter of each cathedral to arrange, during the period of five years beginning with the relevant date and during every subsequent period of five years, for an architect or surveyor to carry out an inspection of all property (other than the cathedral [F3 and any ancillary building within the meaning of section 14(6) of the Care of Cathedrals Measure 1990]) which the Chapter is liable to repair and maintain, and to make a report in writing to the Chapter on [F4any works which the architect or surveyor considers will need to be carried out in relation to that property and of the urgency with which the architect or surveyor considers that they should be carried out]
(2)In the case of property within the precinct of the cathedral the report required by subsection (1) above shall be compiled in consultation with the [F5cathedral archaeologist (if any) appointed under section 12(2) of the Care of Cathedrals Measure 1990], and the Chapter shall send a copy of the report to the fabric advisory committee of the cathedral and to the Cathedrals Fabric Commission for England.
Textual Amendments
F3Words in s. 20(1) inserted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 8(a); S.I. 2007/2, Instrument made by Archbishops
F4Words in s. 20(1) substituted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 8(b); S.I. 2007/2, Instrument made by Archbishops
F5Words in s. 20(2) substituted (1.1.2008) by Care of Cathedrals (Amendment) Measure 2005 (No. 2), s. 20(3), Sch. 3 para. 9; S.I. 2007/2, Instrument made by Archbishops
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys