Abolition of Feudal Tenure etc. (Scotland) Act 2000

Church of Scotland (Property and Endowments) Act 1925 (c.33) S

16 (1) The Church of Scotland (Property and Endowments) Act 1925 shall be amended in accordance with this paragraph.

(2) In section 22 (burgh churches)—

(a) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (3), the word “feu,”,

shall cease to have effect.

(3) Section 27 (proceedings relating to certain matters) shall cease to have effect.

(4) In section 28 (transfer of rights in parish churches and manses)—

(a) in subsection (3)(b)—

(i) for the words “all rights of property in” substitute “ the ownership of ”; and

(ii) the words from “, to the same effect” to the end shall cease to have effect; and

(b) subsections (6) to (8) shall cease to have effect.

(5) In section 30(3) (orders relating to glebes)—

(a) in paragraph (c), the words from “, whether as” to “in place of the minister”;

(b) in paragraph (e), the words “feu-duties and Government or other” and from “under or in pursuance” to “made by a minister”; and

(c) paragraph (f),

shall cease to have effect.

(6) Section 31 (redemption of feu-duty affecting glebe) shall cease to have effect.

(7) In section 34 (provisions relating to quoad sacra parishes)—

(a) in subsection (1)—

(i) in paragraph (b), the words “and certified by the Clerk of Teinds”; and

(ii) paragraph (e);

(b) subsection (3); and

(c) in subsection (4)(iii), the words “feu-duties, ground annuals, bonds of annual rent, or other”, “with the sanction of the Court of Teinds” and “or payment of the feu— duty thereon”,

shall cease to have effect.

(8) In section 35(7) (interpretation), the words “uninfeft or infeft” shall cease to have effect.

(9) In section 36 (requirements of parish to be first charge on endowments), the proviso shall cease to have effect.

(10) In section 37 (powers of General Trustees), the words “heritor or other” shall cease to have effect.

(11) Sections 39 (allocation of certain money by General Trustees), 40 (redemption of manse maill, etc.) and 41 (provisions relating to Court of Teinds) shall cease to have effect.

(12) In section 42 (application to Crown lands), the words from “, and to the teinds” to the end shall cease to have effect.

(13) Sections 45 (saving for obligations of relief) and 46 (saving for superiors) shall cease to have effect.

(14) In section 47 (interpretation)—

(a) in subsection (1), in the definition of “Stipend”, the words “, including any allowance for communion elements payable by heritors out of teinds”; and

(b) subsections (2) and (3),

shall cease to have effect.

(15) The First to the Seventh Schedules shall cease to have effect.

Textual Amendments

F1 Sch. 12 para. 16(2)(a) repealed (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 128(2), 129(5)(b)(c), sch. 15 (with ss. 119, 121)