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Church of Scotland (Properties and Investments) Order Confirmation Act 1994

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Transfers to Investors Trust

22(1)Subject to the provisions of this Order, all moveable property vested in and held by the Trust immediately before the appointed day shall, by virtue of this Order and without the necessity of any other instrument of transfer, on that day be transferred to and vest in the Investors Trust.

(2)The production of a copy of the Act confirming this Order shall be sufficient warrant to the registrar, directors or other officials of any corporation, firm, company, authority or concern as well out of Scotland as in Scotland to enter the Investors Trust upon the register thereof as proprietor or holder of the moveable property transferred to and vested in the Investors Trust by subsection (1) of this section without the production of any particular assignation, conveyance or transfer thereof and to grant and issue to the Investors Trust a certificate or other writing as evidence of the title of the Investors Trust to such moveable property:

Provided that in the case of any moveable property which is only transferable in a particular manner prescribed by or under an Act of Parliament or by or under the constitution or rules of any particular corporation, firm, company or concern such moveable property shall be transferred to and vested in the Investors Trust in the prescribed manner.

(3)In addition to the moveable property transferred to and vested in the Investors Trust by virtue of subsection (1) of this section, the Investors Trust may hold any heritable property or moveable property held at the commencement of this Order or subsequently acquired—

(a)by or on behalf of the Church, or any court of the Church or board or committee of the General Assembly or any association, fund or scheme of the Church or by or on behalf of any congregation, financial board of a congregation or other ecclesiastical body or organisation of the Church; or

(b)by any trustee or body of trustees for behoof of or in connection with the Church or any court of the Church, board or committee of the General Assembly, association, fund or scheme of the Church or any congregation, financial board of a congregation, ecclesiastical body or organisation of the Church under any settlement or deed of trust, gift or appointment whether granted inter vivos or mortis causa.

(4)The moveable property transferred to and vested in the Investors Trust by virtue of subsection (1) of this section and any property held by it by virtue of subsection (3) of this section shall be held by the Investors Trust for the same ends, uses and purposes as those for which they were held by the Trust or for which they are or may hereafter be held or acquired by or on behalf of the Church or any court of the Church, board or committee of the General Assembly, association, fund or scheme of the Church or by any congregation, financial board of a congregation or other ecclesiastical body or organisation of the Church or by a trustee or body of trustees as aforesaid prior to their being so transferred to the Investors Trust, where such ends, uses and purposes are expressed or defined and, failing such expression or definition, subject to the directions of the court of the Church, board or committee of the General Assembly, association, fund or scheme of the Church or the congregation, financial board of a congregation or other ecclesiastical body or organisation of the Church or trustee or body of trustees as aforesaid on whose behalf they were held or, failing such directions, then, with the exception of any property held by them by virtue of subsection (3) (b) of this section, subject to the directions of the General Assembly.

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