Church of Scotland (Property And Endowments) Act 1925

21 Orders of Commissioners. U.K.

(1) The Commissioners may, after such inquiry in each individual case as they may think fit, make such orders as they may consider necessary or proper for any of the following purposes, that is to say:

(a) M1 for giving effect to the schemes framed by the Commissioners under the provisions of this Act relating to burgh churches, including the modification of the Act 23 & 24 Victoria, chapter 50, entitled “An Act to abolish the annuity tax in Edinburgh and Montrose, and to make provision in regard to the stipends of the ministers in that city and burgh, and also to make provision for the patronage of the church of North Leith,” and of any other local or personal Act, decree of the Court of Session or Court of Teinds or agreement relating to the burgh churches;

(b) for the transfer to the General Trustees of the parliamentary churches and manses under the provisions of the section of this Act relating to parliamentary churches and manses;

(c) for the transfer to the General Trustees of the churches and manses of the parishes mentioned in the Eighth Schedule to this Act;

(d) for the transfer to the General Trustees of endowments referred to in the section of this Act relating to endowments in certain parishes quoad omnia;

(e) for framing and giving effect to schemes relating to churches and manses with respect to which the sheriff may, as hereinafter provided, find and declare that the case ought to be dealt with by the Commissioners;

(f) for giving effect to the provisions of the section of this Act relating to the transfer of rights in glebes;

(g) for framing and giving effect to a scheme or schemes under the provisions of the section of this Act relating to allocation by General Trustees of certain moneys to be received from Treasury;

(h) for the protection and preservation of any church or other ecclesiastical building which is for the time being used for ecclesiastical purposes, and which the Commissioners may, upon application made to them by the Royal Commission on Historic Monuments in Scotland or any person interested, consider to require special provisions in the public interest with respect to maintenance and access;

(i) for the transfer to and administration by the General Trustees of any capital sum fixed or awarded and invested by way of commutation of fish teinds under the provisions of the M2 Fish Teinds (Scotland) Act 1864;

(j) for the transfer to a kirk session of communion plate or other ecclesiastical furnishings in use in a church or by a congregation in any case in which a right of property in the plate or other furnishing is claimed by any public body;

(k) for any other matter or thing which the Commissioners consider to be necessary or proper in connection with any of the purposes aforesaid.

(2) Any such order shall have effect as if enacted in this Act, and may be recorded in the Register of Sasines.

(3) In respect that the M3 Act 23 & 24 Victoria chapter 50, imposed an obligation on the town council of Edinburgh to grant a bond of annuity for the annual sum of four thousand two hundred pounds to the Edinburgh Ecclesiastical Commissioners for the purposes of the said Act, and in respect that the M4 Act 33 & 34 Victoria chapter 87, empowered the said town council to redeem the said bond of annuity by a payment to the said Commissioners of the sum of fifty-six thousand five hundred pounds and that the said bond of annuity was so redeemed by the payment of the said sum to the said Commissioners, nothing contained in this Act or in any order to be made by the Commissioners under the provisions of this section shall impose or be deemed to impose any further financial obligation or liability on the said town council in relation to the burgh churches situated within the burgh of Edinburgh, and any liability or obligation incumbent on the said town council in connection with the upkeep and maintenance or restoration or renewal of the burgh churches situated within the said burgh or payment of stipend to the ministers thereof shall be deemed to have been fulfilled and shall be at an end.

Modifications etc. (not altering text)

C1 Ss. 21(2), 28(2) amended by Land Registration (Scotland) Act 1979 (c.33, SIF 31:3), s. 29(2)(3)

Marginal Citations

M1 1860 c. 50.

M2 1864 c. 33.

M3 1860 c. 50

M4 1870 c. 57