Church Patronage (Scotland) Act 1874

JurisdictionUK Non-devolved
Citation1874 c. 82


Church Patronage (Scotland) Act, 1874

(37 & 38 Vict.) CHAPTER 82.

An Act to alter and amend the laws relating to the Appointment of Ministers to Parishes in Scotland.

[7th August 1874]

W HEREAS an Act was passed in the tenth year of the reign of Her Majesty Queen Anne, chapter twelve, intituled ‘An Act to restore the Patrons to their Ancient Rights of presenting Ministers to the Churches vacant in that part of Great Britain called Scotland,’ and another Act was passed in the sixth and seventh years of the reign of Her Majesty Queen Victoria, chapter sixty-one, intituled ‘An Act to remove Doubts respecting the Admission of Ministers to Benefices in that part of the United Kingdom called Scotland,’ and it is expedient to repeal the same, and to provide otherwise for the appointment of ministers of the Church of Scotland as by law established:

And whereas Her Majesty has been graciously pleased to signify that she has placed at the disposal of Parliament her interest in the several rights of advocation, donation, and patronage of churches and parishes in Scotland belonging to her:

Be it enacted by the Queen'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 Extent of Act.

1 Extent of Act.

1. This Act shall apply to Scotland only.

S-2 Commencement of Act.

2 Commencement of Act.

2. Except in so far as otherwise expressly provided, this Act shall come into operation on the first day of January one thousand eight hundred and seventy-five, which date is hereinafter referred to as the commencement of this Act.

S-3 Repeal of Acts 10 Anne, c. 12., and 6 & 7 Vict. c. 61. Appointment of ministers in future.

3 Repeal of Acts 10 Anne, c. 12., and 6 & 7 Vict. c. 61. Appointment of ministers in future.

3. From and after the commencement of this Act, the said Acts of the tenth year of the reign of Her Majesty Queen Anne, chapter twelve, and the sixth and seventh years of the reign of Her present Majesty, chapter sixty-one, shall be repealed, and the right of electing and appointing ministers to vacant churches and parishes in Scotland is hereby declared to be vested in the congregations of such vacant churches and parishes respectively, subject to such regulations in regard to the mode of naming and proposing such ministers by means of a committee chosen by the congregation, and of conducting the election and of making the appointment by the congregation as may from time to time be framed by the General Assembly of the Church of Scotland, or which after the passing of this Act, but before the next meeting of the said General Assembly, may be framed by the commission of the last General Assembly duly convened for the purpose of making interim regulations thereanent: Provided always, that, with respect to the admission and settlement of ministers appointed in terms of this Act, nothing herein contained shall affect or prejudice the right of the said Church, in the exercise of its undoubted powers to try the qualifications of persons appointed to vacant parishes; and the courts of the said Church are hereby declared to have the right to decide finally and conclusively upon the appointment...

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