CONSTITUTION AND STATUTES OF THE CATHEDRAL CHURCH OF

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The Schedule
(Revised August 2013 incorporating Instruments
dated 10 March 2004 and 6th October 2004 and 21st August 2013 together with the provisions of
the Diocese of Bradford, Ripon and Leeds and Wakefield Reorganisation Scheme 201-)
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PREAMBLE
A new Constitution and Statutes were drawn up by a Transitional Council established in
accordance with the Cathedrals Measure 1999 and came into effect on the 26th day of September.
2001
Immediately before the date on which the first Constitution and Statutes under the Cathedrals
Measure 1999 came into operation, the Cathedral Church of Saint Peter and Saint Wilfrid at Ripon
was a cathedral in respect of which there was a corporate body known as the Dean and Chapter.
The Cathedral Church also was and continues to be the parish church of the Cathedral Parish of
Saint Peter and Saint Wilfrid at Ripon (known as the Cathedral Parish), and the Dean, by virtue of
his office, was and continues to be the incumbent of the Benefice of the Cathedral Church of Saint
Peter and Saint Wilfrid at Ripon (known as the Cathedral Benefice), the area of which comprises
the Cathedral Parish and the parishes of Sharow, Marton le Moor, Bishop Monkton and Burton
Leonard.
All those parishes being subject to the rules of law governing parishes generally (save only in the
case of the Cathedral Parish as modified by or under the legislation relating to cathedrals), the
Cathedral Parish thus had and continues to have a church electoral roll, churchwardens and a
parochial church council, and the Dean as incumbent of the Cathedral Benefice had and continues
to have in relation to the Cathedral Parish and its institutions (as well as in relation to the other
parishes in the Cathedral Benefice and their respective institutions) the rights, powers and duties of
incumbent which are conferred or imposed by those rules (save as so modified).
THE CONSTITUTION
1.
INTERPRETATION
(1)
In the Constitution and in the Statutes 'actual communicant' means a person who has received Communion according to the
use of the Church of England or of a Church in communion with the Church of England
at least three times within the preceding twelve months;
'Cathedral' means the Cathedral Church of Saint Peter and Saint Wilfrid at Ripon.
'Cathedral Benefice' means the Benefice of the Cathedral Church of Saint Peter and
Saint Wilfrid, Ripon.
'Cathedral duties' means (subject to Section 8 of the Measure) duties, whether in the
Cathedral or the Diocese, which should, in the opinion of the Chapter after consultation
with the Bishop, be discharged in or from the Cathedral;
'Diocese' means Diocese of Ripon and Leeds and 'diocesan' shall be construed
accordingly;
'The Measure' means the Cathedrals Measure 1999;
'Cathedral Parish' means the Parish of the Cathedral Church of Saint Peter and Saint
Wilfrid, Ripon, and 'parochial' shall be construed as referring to that Parish.
'See' means the See of Ripon and Leeds;
'Incumbent' means the incumbent of the Cathedral Benefice;
'Bishop's Council' means the Bishop's Council and Standing Committee of the
Diocesan Synod;
and words importing the masculine shall include the feminine.
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(2)
2.
A reference in the Constitution and Statutes to the holder of any office, dignity or
preferment shall be to the holder for the time being of such office, dignity or preferment
in the Cathedral, or, as the case requires, in the Diocese.
OVERRIDING DUTY
Every person or body having functions under the Constitution or Statutes shall, in exercising
those functions, have due regard to the fact that the Cathedral is the seat of the Bishop, a
focus of diocesan identity and a centre of worship and mission.
3.
THE CORPORATION
The members for the time being of the Council, the Chapter and the College of Canons of
the Cathedral shall be a body corporate with perpetual succession and a Common Seal (to
be knownas the Common Seal of the Cathedral).
4.
THE VISITOR
The Bishop shall be Visitor of the Cathedral and shall have all the powers that belong as of
right to the office of Visitor.
5.
6.
THE DEAN
(1)
The Dean, being a person who has the qualifications prescribed by law, shall be
appointed by The Sovereign.
(2)
Upon admission the Dean shall make such declarations and take such oaths as may
be prescribed by law or by custom.
(3)
The Dean shall vacate his/her office automatically and without the execution of any
instrument of resignation in accordance with the Ecclesiastical Offices (Age Limit)
Measure 1975.
THE RESIDENTIARY CANONS
(1)
The number of Residentiary Canons shall not exceed four and be not fewer than two at
any one time. The Bishop may for financial or other reasons and after consultation with
the Dean, acting on behalf of Chapter, suspend and refrain from filling a residentiary
canonry which has fallen vacant, and may after the like consultation revive and appoint
to such residentiary canonry.
(2)
The Residentiary Canons, being persons who have the qualifications prescribed by
law, shall be appointed by the Bishop after consultation with the Dean, acting on behalf
of the Chapter.
(3)
The holders of at least two residentiary canonries shall, subject to the provisions of
section 8 of the Measure, be engaged exclusively on Cathedral duties.
(4)
Any person appointed to the office of Residentiary Canon on or after 31 January 2011
shall hold office in accordance with the Ecclesiastical Offices (Terms of Service)
Measure 2009 and any regulations under section 2 of that Measure.
(5)
Any other Residentiary Canon shall hold office in accordance with the terms on which
he was appointed
(6)
A Residentiary Canon shall vacate his/her canonry automatically and without the
execution of any instrument of resignation in accordance with the Ecclesiastical Offices
(Age Limit) Measure 1975.
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7.
THE HONORARY CANONS
(1)
Subject to the following provisions of this section there shall be not more than twelve
Honorary Canons. One of them shall always be the Team Rector for the time being of
Leeds City Team Ministry, and the remainder shall be appointed by the Bishop from
among persons in Holy Orders who are beneficed or licensed in the Diocese.
(2)
Any Bishop Suffragan or full-time stipendiary Assistant Bishop or Archdeacon, not
being a Residentiary Canon, shall be an additional Honorary Canon.
(3)
Each Honorary Canon shall be collated by the Bishop and shall be installed in a stall
assigned to him/her by the Chapter in the Quire of the Cathedral. Each Honorary
Canon shall make such declarations and take such oaths as may be required by law or
by custom.
(4)
Any Honorary Canon shall vacate his/her office automatically and without the execution
of any instrument of resignation upon ceasing to be beneficed or licensed in the
Diocese or (if an additional Honorary Canon) upon ceasing to be a Bishop Suffragan,
full-time stipendiary Assistant Bishop or Archdeacon, as the case may be, or in any
case upon attaining seventy years of age, whichever occurs first.
Provided that an Honorary Canon who has been appointed in connection with some
office held or function performed by him/her shall, so long as he/she holds such office
or performs such function, continue in his/her honorary canonry, but on ceasing to hold
such office shall vacate his/her honorary canonry unless the Bishop otherwise
determines.
(5)
8.
8A.
An Honorary Canon may at any time resign his/her office
THE HONORARY LAY CANONS
(1)
Subject to the following provisions of this section there shall be not more than six
Honorary Lay Canons who shall be appointed by the Bishop from among lay persons
who have given distinguished service to the Diocese or the Cathedral and who are
actual communicants residing in the Diocese or on the electoral roll of a parish in the
Diocese or on the community roll of the Cathedral.
(2)
An Honorary Lay Canon shall seek to contribute to the corporate life of the Cathedral
and to promote its mission and service in the Diocese.
(3)
An Honorary Lay Canon shall hold office for an initial period of seven years but shall be
eligible for reappointment for further such periods and shall in any event vacate his/her
office automatically and without the execution of any instrument of resignation upon
ceasing to meet the qualifications of 8(1) or upon attaining seventy years of age,
whichever occurs first.
(4)
Each Honorary Lay Canon shall on his/her first appointment be installed in a stall
assigned to him/her by the Chapter in the Quire of the Cathedral.
(5)
An Honorary Lay Canon may at any time resign his/her office.
HONORARY ECUMENICAL CANONS
(1)
Subject to the following provisions of this section there shall be not more than three
Honorary Ecumenical Canons, who shall be appointed by the Bishop, after consultation
with the Dean, acting on behalf of the Chapter, from among persons who are members
of churches other than churches of the Anglican Communion and hold some office or
perform some function which in his opinion is or should be connected with the Diocese
or the Cathedral.
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8B.
(2)
An Honorary Ecumenical Canon shall not be a canon for the purposes of the Measure
or a member of the College of Canons. He/she shall be invited to attend meetings of
the College of Canons (with the exception of meetings called for the purpose of
transacting business under Article 13.2) but shall not be entitled to vote.
(3)
An Honorary Ecumenical Canon shall be appointed initially for a period of five years but
shall be eligible for reappointment for further such periods, so long as he/she holds the
office or performs the function as aforesaid, but on ceasing to hold such office or
perform such function shall vacate the canonry automatically and without the execution
of any instrument of resignation unless the Bishop otherwise determines.
(4)
Each Honorary Ecumenical Canon shall on his/her first appointment be installed in a
stall assigned to him/her by the Chapter in the Quire of the Cathedral.
(5)
An Honorary Ecumenical Canon may at any time resign his/her office.
HONORARY CANONS THEOLOGIAN
The Bishop may, after consultation with the Dean, acting on behalf of the Chapter, appoint
up to two additional Honorary or Lay Canons with the title of Canon Theologian who need not
be beneficed or licensed in the Diocese. Such an appointment shall be for a period not
exceeding five years but the appointment may be renewed by the Bishop after consultation
with the Dean, acting on behalf of the Chapter, for a further term or terms not exceeding five
years in the case of each renewal.
9.
THE CHAPTER
(1)
There shall be a Chapter which shall, subject to the provisions of section 4 of the
Measure, consist of:(i)
(ii)
(iii)
(iv)
(v)
the Dean, who shall be the chairman and shall have a second or casting vote;
all the Residentiary Canons;
one person in Holy Orders and one lay person appointed by the Bishop after
consultation with the Bishop’s Council and the Dean, acting on behalf of the
Chapter;
one lay person appointed by the Chapter and having particular expertise in
financial and property matters;
two lay persons whose names are on the Cathedral Community Roll and who
shall be appointed by the Bishop after consultation with the Dean, acting on
behalf of the Chapter.
Provided that all lay members in categories (iii), (iv) and (v) must be actual
communicants.
The members in categories (iii), (iv) and (v) shall be titled "Capitular Canon" and be
members of the College of Canons so long as they hold office.
The members in categories (iii), (iv) and (v) shall hold office for three years and shall be
eligible for further terms of office.
The Administrator of the Cathedral shall be in attendance at meetings of the Chapter
and shall also act as the Chapter Clerk.
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(2)
It shall be the duty of the Chapter to direct and oversee the administration of the affairs
of the Cathedral, including in particular (without prejudice to the generality of the
foregoing), to (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
order the worship and promote the mission of the Cathedral;
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;
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;
prepare an annual budget for the Cathedral and submit it to the Council;
prepare in accordance with section 27 of the Measure an annual report and
audited accounts, submit them to the Council and the College of Canons; and
supply copies to the Parochial Church Council of the Cathedral Parish.
submit to the Council such other reports as may be requested by the Council on
any matter concerning the Cathedral;
keep under review the Constitution and Statutes of the Cathedral and submit any
proposals for their revision to the Council;
hold the Common Seal of the Cathedral and affix it when required.
consider from time to time what important matters relating to the Cathedral (other
than any proposals, budget, reports or accounts referred to in the foregoing
paragraphs of this section) ought properly to be laid before the Council and
consult the Council regarding such matters and consider any resolutions passed
or advice given by the Council thereon.
appoint the Minor Canons, Director and Assistant Director of Music, Lay Clerks
and such other officers and employees of the Cathedral as are prescribed by the
Statutes to be appointed or as the Chapter deems it necessary to appoint,
determine the terms and conditions of their tenure and emoluments and assign
their duties.
as part of its function of promoting the mission of the Cathedral, provide such
support from the Cathedral for the mission of the Church in the parishes of the
Cathedral Benefice as the Chapter shall think fit and as shall be agreed with the
Incumbent and with the parochial church council or councils of the parish or
parishes concerned.
consult the Parochial Church Council of the Cathedral Parish and keep it fully
informed in relation to matters affecting both the Cathedral and that Parish.
(3)
The Chapter shall meet on at least nine occasions in each calendar year.
(4)
The Chapter shall have power, subject to the provisions of the Measure, and of the
Care of Cathedrals Measure 1990, to acquire and dispose of property on behalf of the
corporate body of the Cathedral established by this Constitution.
(5)
No proceedings of the Chapter shall be invalidated by any vacancy in the membership
or by any defect in the qualification or election of any member.
(6)
The Administrator of the Cathedral as Chapter Clerk shall keep the minutes of all
meetings of the Chapter.
(7)
Without prejudice to the rules of law governing the duties of members of the Chapter
and the exercise of their functions, and to the rights of the Administrator as an
employee, in the event of the Chapter considering any matter in which a member of the
Chapter has a personal interest, that member shall declare such interest to the
Chapter, shall provide the Chapter with any information it requires in order to reach its
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decision but subject to that shall withdraw from the meeting if the Chapter so requires,
and take no part in the Chapter's discussion of and decision on the matter (including
any vote).
10.
THE FINANCE AND PROPERTY COMMITTEE OF THE CHAPTER
There shall be finance and property committee established by the Chapter with the function
of advising the Chapter in connection with its responsibilities in the field of financial and
investment management and the management of property belonging to the Cathedral.
Membership of this committee shall include at least two persons who have experience and
expertise in that field together with the Dean and at least one Residentiary Canon. Persons
who are not members of the Chapter may be members of the committee.
11.
OTHER COMMITTEES
The Chapter may establish such other committees as it may determine, and may delegate
functions, powers and duties to any committee. The Dean shall be a member of each such
committee. If the Chapter so determines, persons who are not members of the Chapter may
be members of a committee.
12.
THE COUNCIL
(1)
There shall be a Council consisting of (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
A chairman appointed in accordance with paragraph (2) below;
The Dean;
Five other members of the Chapter chosen by the Chapter;
Two members of the College of Canons chosen by the College of Canons;
Two lay persons (not being members of the Chapter) whose names are on the
Cathedral Community Roll and at least one of whom has his/her name on the
Church electoral roll of the Cathedral Parish representing the interests of the
Cathedral community and elected at the annual parochial church meeting in the
same manner as is specified under the Church Representation Rules for the
election of parochial representatives of the laity to the parochial church council
One lay person (not being a member of the Chapter) from those who are in paid
employment with the Cathedral in a regular capacity, elected by and at a meeting
of those so engaged;
One further lay person (not being a member of the Chapter) who shall be The
High Steward of the Cathedral or, if there is no person appointed to that office,
some other lay person elected by the Friends of the Cathedral, representing the
interests of the Cathedral Community.
Ten persons (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) comprising:
(i)
One person in Holy Orders beneficed in the Diocese, or licensed to minister
in a parish or an area for which a Team Ministry has been established in
the Diocese, appointed by the Bishop's Council.
(ii) One lay person appointed by the Diocesan Board of Finance after
consultation with the Bishop's Council.
(iii) One lay person having experience and expertise in architecture and
conservation matters appointed by the Bishop after consultation with the
Fabric Advisory Committee of the Cathedral.
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(iv)
One minor canon of the Cathedral appointed by the Bishop after
consultation with the Dean, acting on behalf of the Chapter;
(v) One person having experience and expertise in education appointed by the
Diocesan Board of Education after consultation with the Bishop's Council.
(vi) One person having experience and expertise in church music appointed by
the Bishop after consultation with the Royal School of Church Music.
(vii) One person representing the City of Ripon appointed by the Bishop after
consultation with the Mayor and City Council of Ripon.
(viii) One person representing the City of Leeds appointed by the Bishop after
consultation with the Lord Mayor and City Council of Leeds.
(ix) One ecumenical representative appointed by the Bishop after consultation
with appropriate ecumenical partners in North Yorkshire.
(x) One ecumenical representative appointed by West Yorkshire Ecumenical
Council with the consent of the Bishop.
(2)
The chairman shall be a lay person, not being a member of the Chapter, appointed by
the Bishop, who shall before making an appointment 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 who in deciding whom to appoint shall
have regard to those views.
(3)
The chairman and other members of the Council (other than the Dean) shall hold office
for a term of five years renewable for further terms. Provided nevertheless that if the
chairman or another member of the Council (other than the Dean) is absent from three
consecutive meetings of the Council, the Council may, after considering any
submissions made orally or in writing or both by that member, resolve that his absence
from meetings was without good reason and that his membership of the Council should
terminate, and the person concerned shall cease to be a member of the Council as
from the passing of such a resolution subject to a right of appeal to the Visitor, who
shall either confirm the resolution of the Council or declare it to be of no effect.
(4)
The Bishop has the right to be present and to speak but not to vote at any meeting of
the Council.
(5)
The Council shall meet on at least two occasions in each calendar year.
(6)
It shall be the duty of the Council to further and support the work of the Cathedral,
spiritual, pastoral, evangelistic, social, educational 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)
(b)
(c)
(d)
(e)
(7)
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;
receive and consider the annual budget of the Cathedral;
receive and consider the annual report and audited accounts; and
consider proposals submitted by the Chapter in connection with the Constitution
and Statutes of the Cathedral with a view to their revision under Part 11 of the
Measure.
consider any matter laid before it by the Chapter under Article 9 (2) (i)
The Council may (a)
(b)
(c)
request reports from the Chapter on any matter concerning the Cathedral;
discuss and declare its opinion on any such matter; and
draw any matter to the attention of the Visitor or the Church Commissioners;
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13.
(8)
Meetings of the Council shall be called by the chairman, in accordance with a
resolution of the Council, on his/her own motion, or on the written requisition of at least
eight members of the Council. The quorum for the transaction of business at a meeting
of the Council shall be eight of its members. In the absence of the chairman, the
Council shall elect one of its members to preside over the meeting.
(9)
No proceedings of the Council shall be invalidated by any vacancy in the membership
or by any defect in the qualification or election of any member.
THE COLLEGE OF CANONS
(1)
There shall be one College of Canons to discharge functions for all of the cathedrals of
the diocese of Leeds in accordance with section 5 of the Cathedrals Measure 1999 as
modified by the Dioceses of Bradford, Ripon and Leeds and Wakefield Reorganisation
Scheme 2013.
(2)
The membership shall consist of (a)
(b)
(c)
(d)
(e)
(f)
the dean of each cathedral in the diocese ;
every suffragan bishop of the diocese;
every full-time stipendiary assistant bishop in the diocese;
every canon of each of the cathedrals in the diocese
every archdeacon of the diocese and
the incumbent of any benefice a church belonging to which is the pro-cathedral of
the diocese
(3)
The function of presiding in the College of Canons, including the calling together of the
College of Canons for the purpose of performing the functions in subsection (5) below,
shall be exercised by the presiding dean or, if he or she is unable to preside or elects
not to do so on any particular occasion, by such dean who has held office longest as
dean of a cathedral in the diocese;
(4)
In paragraph (3), “presiding dean “ means(a)
(b)
during the period from the foundation of the diocesan bishopric of Leeds until the
confirmation of the first bishop of the diocese, the dean who has held office
longest as dean of a cathedral in the diocese;
after the confirmation of election of the first bishop of the diocese of Leeds, the dean of
a cathedral in the diocese appointed by the bishop to exercise the functions referred to
in paragraph (3).
(5)
The College of Canons shall perform the functions conferred by the Appointment of
Bishops Act 1533 on the dean and chapter
(6)
The College of Canons shall (a)
(b)
14.
receive and consider the annual report and audited accounts of the each of the
cathedrals in the diocese and
discuss such matters concerning any of the cathedrals of the diocese as may be
raised by any of its members.
THE ADMINISTRATOR AND OTHER OFFICERS
(1)
There shall be an Administrator of the Cathedral (otherwise known as "The Chapter
Clerk") who shall be an actual communicant and shall be appointed by the Chapter on
such terms in respect of tenure, remuneration and duties as the Chapter may
determine.
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15.
(2)
There shall be an Architect of the Cathedral, who shall be a person registered under
the Architects Act 1997 or any Act amending or extending the same, and shall be
appointed by the Chapter (after consulting the Cathedrals Fabric Commission for
England) on such terms in respect of tenure, remuneration and duties as the Chapter
may determine.
(3)
There shall be an Auditor, who shall be a person who may under section 43 of the
Charities Act 1993 audit the accounts of a charity, and shall be appointed by the
Chapter on such terms in respect of tenure and remuneration as the Chapter may
determine, and who shall audit the accounts of the Cathedral in accordance with
section 27 of the Measure.
(4)
There shall be a Director of Music, who shall supervise the music in the Cathedral and
shall be appointed by the Chapter on such terms in respect of tenure, remuneration
and duties as the Chapter may determine.
(5)
There shall be a High Steward of the Cathedral appointed by the Bishop after
consultation with the Dean, acting on behalf of the Chapter.
THE CATHEDRAL COMMUNITY ROLL
(1)
The Administrator shall as soon as practicable after the coming into effect of this
Constitution form and thereafter maintain a roll containing the names of persons who
are members of the Cathedral community and apply to be enrolled as such.
(2)
For the purposes of the Constitution and Statutes, the members of the Cathedral
community shall be persons of sixteen years or over:
(a)
(b)
(c)
(3)
16.
17.
who worship regularly in the Cathedral; or
who are otherwise engaged in work or service connected with the Cathedral in a
regular capacity; or
who are resident in or have their names on the church electoral roll of the
Cathedral Parish
If any question arises as to whether a person applying to be enrolled is a member of
the Cathedral Community, that question shall be determined by the Chapter.
THE SELECT VESTRY
(1)
There shall be in the Cathedral eight members of the Select Vestry of Churchwardens
who shall be actual communicants and who shall be appointed in accordance with
established custom.
(2)
They shall be responsible for the stewarding and seating of the congregation and the
collection of the offerings of all regular services assisted as necessary by the Sidesmen
of the Cathedral Parish whose names they submit for approval to the annual parochial
church meeting.
PROVISIONS APPLICABLE TO THE CONSTITUTION AND THE STATUTES
(1)
No repeal or amendment of, nor any additions to, the Constitution or the Statutes shall
be made except in accordance with the provisions of the Measure.
(2)
Nothing in the Constitution or Statutes shall affect any right of patronage or other right
or interest of the Sovereign.
(3)
Nothing in the Constitution or Statutes shall affect the office of churchwarden or
sidesman of the Cathedral Parish, the Parochial Church Council of the Cathedral
Parish, or the application of the Church Representation Rules (as modified by the
Measure and for the time being in force).
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