Cathedrals Measure 1976

3 Confirmation of scheme by Order in Council. E

(1) As soon as possible after a scheme is made under section 2 of this Measure the Commission shall submit the scheme for the approval of Her Majesty in Council and shall give notice of such submission to the bishop (unless the see is vacant), the consenting body, the Church Commissioners and any other person who made written representations to the Commission under the foregoing provisions of this Measure; and the notice shall inform persons who have duly made written representations of their right [F1 , on obtaining the leave of the Judicial Committee of the Privy Council, to appeal to Her Majesty in Council and shall specify such date as may be determined by the Commission, being a date not less than twenty-eight days after the service of the notice, on or before which an application for such leave must be made.

When submitting a scheme for confirmation by Her Majesty in Council the Commission shall inform the Clerk of the Privy Council of the date which is to be specified in notices under this subsection relating to the scheme.]

(2) Any person who has duly made written representations to the Commission under this Measure with respect to the draft scheme may appeal to Her Majesty in Council against the scheme or any provisions thereof [F2 , but only with the leave of the Judicial Committee of the Privy Council].

[F3 (3) If—

(a) no application for leave to appeal is made on or before the date specified in notices under subsection (1) above; or

(b) the Judicial Committee refuses to grant such leave; or

(c) an appellant, having been granted leave to appeal under this section, fails to lodge his petition of appeal within a period of three months beginning with the date on which leave was granted or such extended period as the Registrar of the Privy Council may allow,

Her Majesty may by Order in Council confirm the scheme.]

(4) [F4 If leave to appeal is granted and a petition of appeal is lodged within the said period or extended period, the Judicial Committee of the Privy Council shall hear the appeal], and the Judicial Committee shall make a report thereon and may propose to Her Majesty in Council that the appeal should be allowed or dismissed or that the scheme should be returned to the Commission for reconsideration, and Her Majesty in Council may accordingly—

(a) allow the appeal, in which case the scheme shall be of no effect, but without prejudice to the making and submission of a new scheme;

(b) dismiss the appeal and confirm the scheme; or

(c) return the scheme to the Commission for reconsideration.

(5) Where a scheme is returned to the Commission for reconsideration, the Commission may—

(a) withdraw the scheme; or

(b) amend the scheme with the agreement of the bishop and the consenting body;

and where a scheme is amended in accordance with paragraph (b) above, it shall be signed by the chairman of the Commission on its behalf or, in the case of the absence or incapacity of the chairman, by two other members of the Commission nominated by the Commission for that purpose, and on the signing of the scheme under this subsection the provisions of this section shall apply to that scheme as they apply to a scheme under section 2 of this Measure.

Textual Amendments

F1 Words in s. 3(1) substituted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 9(2)(a) (with s. 9(5));Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F2 Words in s. 3(2) substituted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 9(2)(b) (with s. 9(5));Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F3 S. 3(3) substituted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 9(2)(c) (with s. 9(5));Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.

F4 Words in s. 3(4) substituted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 9(2)(d) (with s. (9(5));Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.