Church of Scotland Act 1921



Church of Scotland Act, 1921

(11 & 12 Geo. 5.) CHAPTER 29.

An Act to declare the lawfulness of certain Articles declaratory of the Constitution of the Church of Scotland in matters spiritual prepared with the authority of the General Assembly of the Church.

[28th July 1921]

Whereas certain articles declaratory of the constitution of the Church of Scotland in matters spiritual have been prepared with the authority of the General Assembly of the Church, with a view to facilitate the union of other Churches with the Church of Scotland, which articles are set out in the Schedule to this Act, and together with any modifications of the said articles or additions thereto made in accordance therewith are hereinafter in this Act referred to as ‘the Declaratory Articles’:

And whereas it is expedient that any doubts as to the lawfulness of the Declaratory Articles should be removed:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Effect of Declaratory Articles.

1 Effect of Declaratory Articles.

1. The Declaratory Articles are lawful articles, and the constitution of the Church of Scotland in matters spiritual is as therein set forth, and no limitation of the liberty, rights and powers in matters spiritual therein set forth shall be derived from any statute or law affecting the Church of Scotland in matters spiritual at present in force, it being hereby declared that in all questions of construction the Declaratory Articles shall prevail, and that all such statutes and laws shall be construed in conformity therewith and in subordination thereto, and all such statutes and laws in so far as they are inconsistent with the Declaratory Articles are hereby repealed and declared to be of no effect.

S-2 Other Churches not to be prejudiced.

2 Other Churches not to be prejudiced.

2. Nothing contained in this Act or in any other Act affecting the Church of Scotland shall prejudice the recognition of any other Church in Scotland as a Christian Church protected by law in the exercise of its spiritual functions.

S-3 Jurisdiction of civil courts.

3 Jurisdiction of civil courts.

3. Subject to the recognition of the matters dealt with in the Declaratory Articles as matters spiritual, nothing in this Act contained shall affect or prejudice the jurisdiction of the civil courts in relation to any matter of a civil nature.

S-4 Citations and commencement.

4 Citations and commencement.

4. This Act may be cited as theChurch of Scotland Act, 1921, and shall come into operation on such date as His Majesty may fix by Order in Council after the Declaratory Articles shall have been adopted by an Act of the General Assembly of the Church of Scotland with the consent of a majority of the Presbyteries of the Church.

S C H E D U L E.

Church of Scotland in Matters SpiritualArticles Declaratory of the Constitution of the .

SCH-1.I

I. The Church of Scotland is part of...

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