Church of Scotland (Property and Endowments) Amendment Order Confirmation Act 1995

Orders made under Churches (Scotland) Act 1905

3 (1) In this section “relevant property” means property which was allocated, by an order made under the [1905 c. 12.] Act of 1905, to the United Free Church of Scotland to be used for the purposes of and in connection with a Congregation of that Church, but not including property which was at 30th October 1900 held by trustees upon titles which did not give to the General Assembly of the Free Church of Scotland any powers of regulation and direction as to its management and disposal.

(2) Nowithstanding anything contained in the order, or in the Act of 1905, relevant property, and any property which represents it, and the proceeds of sale of relevant property and of any such representative property, shall be appropriated for such ends, uses and purposes as the General Assembly, or any body to which the General Assembly may delegate the necessary powers, may direct.

(3) Nothing in this section shall prejudice or affect—

(a) the terms of any trust, stipulation, condition or other requirement imposed by a donor or testator, appropriating property or its proceeds to some special Church purposes (as that term is used in the Act of 1905), or

(b) any patrimonial right or interest of a superior or other third party—

(i) conferred by or reserved under any writ recorded in the Register of Sasines; or

(ii) registered in the Land Register of Scotland.