Cathedrals Measure 2021

Prospective

12 The dean E

(1) The dean of a cathedral continues to be its principal dignitary, next after the bishop.

(2) The dean, in that capacity, must govern and direct on behalf of the Chapter the life and work of the cathedral; and in performing that duty the dean must in particular—

(a) ensure that Divine Service is duly performed in the cathedral;

(b) ensure that the constitution and statutes are faithfully observed;

(c) oversee the work undertaken by the clergy and staff of the cathedral in relation to the cathedral;

(d) maintain good order and proper reverence in the cathedral;

(e) secure the pastoral care of all members of the cathedral community;

(f) provide leadership on matters relating to the safeguarding of any children or vulnerable adults who work, volunteer or worship in the cathedral or who visit the cathedral (with “child” and “vulnerable adult” each having the meaning given in section 39(1));

(g) take all decisions necessary to deal with an emergency affecting the cathedral, pending consideration of the matter by the Chapter.

(3) None of the following may be done without the consent of the dean—

(a) an alteration of the ordering of services in the cathedral;

(b) the settlement of the Chapter's budget;

(c) the implementation of a decision taken by the Chapter in the dean's absence.

(4) In the case of a decision taken by the Chapter on a matter other than one mentioned in subsection (3)(a) or (b), the dean is to be taken as having consented for the purposes of subsection (3)(c) after the expiry of one month beginning with the day after that on which the decision was taken.

(5) But subsection (4) does not apply if, during the one-month period referred to in that subsection, the dean asks the Chapter to reconsider the decision at its next meeting; and the decision is to be taken by a majority vote of those present and voting at the meeting (as to which, see paragraph 6 of Schedule 1).

(6) The dean is, in respect of his or her functions relating to the cathedral, accountable to the Chapter in accordance with arrangements made by the Chapter.

(7) The [F1 ministers of the cathedral] are, in respect of their functions relating to the cathedral, accountable to the Chapter through the dean in accordance with arrangements made by the Chapter.

(8) The dean, the [F2 ministers of the cathedral] and the Chapter must each have due regard to any guidance issued by the Church Commissioners on accountability in relation to cathedrals.

(9) Before issuing guidance of the kind referred to in subsection (8), the Church Commissioners must consult such bodies as appear to them to represent cathedrals.

(10) The references in subsections (6) and (7) to the functions a person has in relation to the cathedral include, in the case of the dean or a residentiary canon [F3 (including any lay residentiary canon)], a reference to the functions he or she has under the Canons.

(11) Subsections (6) and (7) do not apply to functions exercisable as a charity trustee.

(12) A reference in this section to the [F4 ministers of the cathedral] is a reference to each residentiary canon or other clerk in Holy Orders [F5 , or any lay residentiary canon,] who carries out cathedral duties.

Textual Amendments

F1 Words in s. 12(7) substituted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 18(2)

F2 Words in s. 12(8) substituted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 18(2)

F3 Words in s. 12(10) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 18(3)

F4 Words in s. 12(12) substituted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 18(2)

F5 Words in s. 12(12) inserted (coming into force in accordance with s. 22(3) of the amending Measure) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), Sch. 1 para. 18(4)