Church of Scotland (Property and Endowments) Amendment Act 1933
| Jurisdiction | UK Non-devolved |
Church of Scotland (Property and Endowments) Amendment Act, 1933
(23 & 24 Geo. 5.) CHAPTER 44.
An Act to amend the Church of Scotland (Property and Endowments) Act, 1925, to make further provision with regard to the properties and endowments of the Church of Scotland, and for purposes connected therewith.
[28th July 1933]
Be it 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:—
1 Amendment of principal Act, 15 & 16 Geo. 5. c. 33. s. 34.
1. The following paragraph shall be substituted for paragraph (g ) of subsection (1) of section thirty-four of the Church of Scotland (Property and Endowments) Act, 1925 (hereinafter referred to as the ‘principal Act’):—
‘(g ) the statutory properties and endowments of the parish transferred to the General Trustees under or by virtue or in pursuance of this subsection shall be held by the General Trustees for the same ends, uses and purposes as those for which they were held by the trustees or other persons in whom they were vested prior to their being so transferred, or, if the General Assembly shall by Act of Assembly at any time so direct, shall be sold or otherwise disposed of, and the proceeds shall be held and applied by the General Trustees (or by any body to whom the General Assembly may delegate or may have delegated the necessary powers) in accordance with the provisions of section thirty-six of this Act. Provided that no ground used as a burial ground shall be put to any other use.’
2 Transfer of churchyards attached to parishes quoad sacra, and parliamentary churches.
(1) Notwithstanding anything contained in paragraph (g of section thirty-four of the principal Act, and without prejudice to anything therein contained, the trustees or other persons by whom any churchyard forming part of the statutory properties and endowments of a parish quoad sacra or connected with a parliamentary church is held, or the General Trustees if any such churchyard shall have become vested in them, may by notice in writing require the local authority to take over such churchyard, and as from the date of such notice such churchyard shall, without the necessity of any further conveyance, be transferred to and vested in the local authority, and the provisions of section thirty-two of the principal Act shall apply to any churchyard so transferred in like manner as they apply to a churchyard transferred under that section.
(2) For the purposes of this section the expression ‘local authority’ shall as regards any churchyard, mean the council of the county or burgh within which the churchyard is situated, or, in the case of a churchyard situated partly in a county and partly in a burgh, the council of the county and the council of the burgh as regards the parts of the churchyard respectively situated in the county and in the burgh.
3 Non-statutory properties and endowments of quoad sacra parishes.
(1) The trustees or other persons in whom any properties or endowments, whether heritable or moveable, of a parish quoad sacra, other than the statutory properties and endowments of the parish, are vested shall, if so required by the General Trustees, convey or transfer such properties and endowments (hereinafter referred to as non-statutory properties and endowments) or any of them in the option of such Trustees or other persons as aforesaid to the General Trustees or to any other body authorised for the purpose by the General Assembly, or to a permanent body of local trustees, and on their so conveying or transferring the same, such trustees or other persons as aforesaid shall be thereby fully exonered and discharged of the trust under which the said properties and endowments were held without the necessity of any further release, discharge or exoneration.
(2) The General Trustees shall as regards any non-statutory properties and endowments vested in them, and any trustees or other persons shall as regards any such properties or endowments vested in them, have power, subject to the provisions of any deed of trust, conveyance or other deed applicable thereto and to the approval of the presbytery of the bounds, to sell or otherwise dispose of such properties and endowments and to apply the proceeds thereof in the first place to meet the proper requirements of the parish as such requirements may be determined by the General Assembly, or by any body to which the General Assembly may delegate the necessary power, and any remainder after these requirements have been fully met shall be applied for such ends, uses and purposes as the General Assembly may direct:
Provided always that—
(i) the consent of the General Assembly declared by Act of Assembly shall be required to the sale or disposal of any such properties and endowments, except where by the terms of the deed of trust, conveyance or other deed under which any such properties and endowments are held the General Trustees or any trustees or other persons holding the same have power to sell or to dispose thereof without such consent; and
(ii) where it is proposed under the authority of the General Assembly to transfer the statutory properties and endowments of a parish quoad sacra to a new area, the non-statutory properties and endowments of such parish, or the proceeds of the sale of the same, if sold, may, with the like approval of the presbytery of the bounds and of the kirk session of the parish concerned, also be transferred along with the statutory properties and endowments of such parish to such new area.
4 Chapels of ease and mission churches.
4. Any trustees or other persons in whom any chapel of ease, mission church or church hall is vested or the General Trustees if the same shall be vested in them shall have power, subject to the provisions of any deed of trust, conveyance or other deed applicable thereto, to sell or otherwise dispose of the same and to apply the proceeds thereof for such ends, uses and purposes as the General Assembly may direct. Provided always that the consent of the General Assembly declared by Act of Assembly shall be required to the sale or disposal thereof, except where by the terms of the deed of trust, conveyance or other deed under which any chapel of ease, mission church or church hall is held the trustees or other persons or the General Trustees holding the same have power to sell or to dispose thereof without such consent.
5 Parliamentary churches and manses, &c.
5. Notwithstanding anything in the Act 5 George IV, chapter 90, or in the principal Act, the General Trustees shall, subject to the consent of the General Assembly, declared by Act of Assembly, have power, subject to the provisions of any deed of trust, conveyance or other deed applicable thereto, to sell or otherwise dispose of any parliamentary church or manse, or any other subjects connected therewith vested in them under section twenty-three of the principal Act and to apply the proceeds thereof for such ends, uses and purposes as the General Assembly may direct. Provided always that no ground used as a burial ground shall be put to any other use.
6 Power to dispose of certain churches and manses erected under the Act of 1844.
6. Notwithstanding anything contained in the titles under which any of the churches or manses of the parishes quoad omnia referred to in section twenty-four of the principal Act and specified in the Eighth Schedule thereto are held, the General Trustees shall, upon the same becoming vested or having become vested in them, in terms of the said section of the principal Act, have power, subject to the consent of the General Assembly, declared by Act of Assembly, to sell or otherwise dispose of any of the said churches or manses or any glebes or other subjects connected therewith, so far as such glebes or other subjects shall be vested in the General Trustees, and the General Trustees shall apply the proceeds thereof in the first place to meet the proper requirements of the parish as such requirements may be determined by the General Assembly, or by any body to which the General Assembly may delegate the necessary power, and any remainder after these requirements have been fully met shall be applied for such ends, uses and purposes as the General Assembly may direct: Provided always that no ground...
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