Church of Scotland (Property And Endowments) Act 1925

30 Transfer of rights in glebes. U.K.

With respect to glebes, the following provisions shall have effect:—

(1) It shall be the duty of the clerk of every presbytery within one year after the passing of this Act to furnish to the Commissioners a list of the glebes appropriated to the ministers of the parishes in the presbytery, and of any cases where a minister has accepted or is entitled to any annual payment in place of glebe, and at the same time to intimate in which cases (if any) it is claimed by the presbytery (whether on the representation of the minister concerned or otherwise) that the heritors concerned have not fully implemented the obligations incumbent on them according to the present law and practice with respect to the provision and enlargement of a glebe:

(2) As soon as conveniently may be after the receipt of the said lists, the Commissioners shall inquire into all circumstances relating to existing rights of property in the glebes, and in any payments in place of glebe, and shall thereafter make orders relating to the glebes and payments:

(3) Every such order shall make provision for—

(a) the implement by the heritors of any obligations incumbent on them as aforesaid which have not already been implemented; and

(b) the transfer to and vesting in the General Trustees of the ownership of the glebes; and

(c) the preservation of the existing rights of all persons other than the heritors or the minister of the parish who, under or in pursuance of any general or local Act of Parliament or otherwise, have acquired any right in any glebe or any part thereofF1 ...; and

(d) the manner in which—

(i) any burden upon the glebe created under section eighteen of the M1 Glebe Lands (Scotland) Act 1866; and

(ii) any of the costs, charges and expenses referred to in that section which have not been made a burden on the glebe

may be dealt with, discharged and extinguished; and

(e) the transfer to the General Trustees of any F2 ... securities or investments representing the price or consideration received for any glebe or part thereof or right therein F2 ... and held by any persons acting as trustees in trust for the payment of the income to the minister of the parish; and

F3 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the protection of the interests of the ministers or assistants and successors who at the passing of this Act are incumbents of the benefice of any parish.

Textual Amendments

F1 Words in s. 30(3)(c) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 16(5)(a), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2 Words in s. 30(3)(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(5)(b), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F3 S. 30(3)(f) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 16(5)(c), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Marginal Citations

M1 1866 c. 71.