Church of Scotland (Property And Endowments) Act 1925

34 Provisions relating to quoad sacra parishes. U.K.

With respect to parishes quoad sacra erected under the M1 New Parishes (Scotland) Act 1844, the M2 United Parishes (Scotland) Act 1868, and the M3 United Parishes (Scotland) Act 1876 (other than parishes quoad sacra erected under section fourteen of the said Act of 1844), the following provisions shall have effect:—

(1) In the case of a parish erected before the passing of this Act—

(a) The statutory properties and endowments of the parish shall be transferred to the General Trustees as in this section provided;

(b) As soon as conveniently may be after the passing of this Act there shall be prepared by the General Trustees F1 ... with respect to each parish, an inventory referring to this section of this Act and setting out the statutory properties and endowments of the parish, and each such inventory shall specify—

(i) the name of the parish;

(ii) each property or security forming part of the said statutory properties and endowments; and

(iii) the name or names of the person or persons in whom the same is vested;

(c) Without prejudice to the provisions of the immediately following paragraph of this subsection any person in whom any property or security specified in any such inventory is vested shall if so required by the General Trustees, and at their expense, transfer such property or security to the General Trustees, and do and concur in doing all acts and things necessary for that purpose;

(d) Upon any such inventory in so far as the same relates to heritable properties or securities being recorded in the appropriate register of sasines the heritable properties and securities specified in such inventory shall by virtue of this Act and without the necessity of any further conveyance be deemed and taken to be validly transferred to and vested in the General Trustees as if a disposition or assignation by the person or persons in whom the said heritable properties or securities were vested had been granted in favour of the General Trustees and had been recorded in the appropriate register of sasines;

F2 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) The General Assembly, or any body to which the General Assembly may delegate the necessary power, may at any time after the completion of the transfer to the General Trustees of the properties and securities specified in any such inventory alter the existing deed of constitution of the parish to which the inventory relates, or annul the said deed and grant a new deed of constitution in place thereof;

[F3 (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 [F4 or any body to which the General Assembly may delegate the necessary powers]shall . . . F5 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) In the case of a parish erected after the passing of this Act—

(a) the titles, deeds, certificates, and other documents of or relating to the statutory properties and endowments of the parish shall be taken in the name of the General Trustees;

(b) the original deed of constitution shall be in such terms as the General Assembly, or any body to which the General Assembly may delegate the necessary power, may direct, and the General Assembly or any such body may subsequently alter the said deed or annul the same and grant a new deed of constitution in place thereof:

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section—

• the expresssion “the statutory properties and endowments of the parish” means—

  (i)

  the church erected as a parish church for the parish under the aforesaid Acts of 1844, 1868, and 1876; and

  (ii)

  where a manse or glebe has been permanently provided under the said Acts as part of the endowment of the minister of the parish, such manse or glebe; and

  (iii)

  any F7 ... heritable securities permanently provided and secured at the time of erection or subsequently substituted F7 ... for the minister of the parish or for the maintenance of the church or manse F7 ...; and

  (iv)

  any Government securities or other securities or investments (not being heritable securities) permanently provided and secured or substituted as aforesaid;

  the expression “church” includes the fabric and site of the church and hall (if any) and any ground used as a burial ground in connection therewith;

• The expression “manse” includes the dwelling-house and offices and appurtenances thereof.

Textual Amendments

F1 Words in s. 34(1)(b) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 16(7)(a)(i), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2 S. 34(1)(e) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 16(7)(a)(ii), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F3 S. 34(1)(g) substituted by Church of Scotland (Property and Endowments) Amendment Act 1933 (c. 44), s. 1

F4 Words inserted by Church of Scotland (Property and Endowments) Amendment Order Confirmation Act 1978 (c.i.), Sch.

F5 Words repealed by Church of Scotland (Property and Endowments) Amendment Order Confirmation Act 1978 (c.i.), Sch.

F6 S. 34(3) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 16(7)(b), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F7 Words in s. 34(4)(iii) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 16(7)(c), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Marginal Citations

M1 1844 c. 44.

M2 1868 c. 30.

M3 1876 c. 11.