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United Parishes (Scotland) Act 1868 is up to date with all changes known to be in force on or before 28 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Commencement Orders bringing legislation that affects this Act into force:
An Act to amend the Act of the Seventh and Eighth Years of the Reign of Victoria, Chapter Forty-four, relating to the Formation of quoad sacra Parishes in Scotland, . . .F1
[29th May 1868]F2
Textual Amendments
F1Words repealed by Statute Law Revision Act 1893 (c. 14)
F2Act repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2)(a)(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75)
Modifications etc. (not altering text)
C1Preamble (which recited New Parishes (Scotland) Act 1844 (c. 44) and the Act 29 & 30 Vict. c. 77) omitted under authority of Statute Law Revision Act 1893 (c. 14)
Textual Amendments
F3S. 1 repealed by Statute Law Revision Act 1875 (c. 66)
Whenever, in the case of any united parish containing two or more parish churches, any persons have undertaken to endow one of the said churches along with a district, being part of such united parish, to be attached thereto, it shall be competent for them to apply for the disjunction of such district, and for the erection of it into a parish quoad sacra, in terms of the eighth section of the said first-recited Act, and for the court to entertain and dispose of such application in the same manner and to the same effect as if the persons applying for such disjunction and erection had, at his, her, or their expense, built or acquired, or undertaken to build or acquire, a church, in order to its being erected into a parish church in connexion with the Church of Scotland: Provided also, that it shall not be necessary for the persons applying for such disjunction and erection to make any provision for the maintenance of the fabric of the church which they shall have undertaken to endow as aforesaid.
It shall be competent for the court, in pronouncing decree of disjunction and erection in an application presented under the preceding section, to declare that the church undertaken to be endowed shall, from and after the date of the decree, be the parish church of the newly erected parish, and the said church shall thereafter be the parish church of the said newly erected parish; and the minister and kirk session of the newly erected parish quoad sacra shall be invested with all those rights in relation to the church of the newly erected parish which were formerly vested in the minister and kirk session of the said united parish.
The church which shall be declared as aforesaid to be the church of the newly erected parish quoad sacra shall not be subject to the provisions of any trust constituted in terms of the first-recited Act, or to any trust applicable to a church erected by voluntary contributions as the church of a parish quoad sacra.
Nothing in this Act shall increase or affect the existing liabilities of the heritors in any parish.
This Act shall be deemed to be incorporated with the first-recited Act, and the said first-recited Act shall be read and have effect accordingly.
This Act may for all purposes be cited as “The United Parishes (Scotland) Act 1868.”
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