Episcopal Church (Scotland) Act 1864

1 Sec. 9. of 32 G. 3. c. 63. repealed.

The said Ninth Section of the said first-recited Act is hereby repealed.

2 Definition of "Protestant Episcopal Church in Scotland."

The Words " Protestant Episcopal Church in Scotland " shall, for the Purposes of this Act, mean the Episcopal Communion in Scotland as mentioned in the said first-recited Act.

3 3 & 4 Vict. c. 33. in part repealed.

The said second-recited Act, so far only as it relates to the Protestant Episcopal Church in Scotland, or the Bishops and Clergy thereof, is hereby repealed.

4 As to Application of Provisions of 59 G. 3. c. 60.

The Provisions and Enactments of the said last-recited Act shall not be or be held to be applicable to any Person admitted into Holy Orders by a Bishop of the Protestant Episcopal Church in Scotland.

5 Persons admitted into Holy Orders by Bishops in Scotland not to be admitted to Benefices, &c. in England or Ireland without Consent of Bishop of the Diocese.

No Person admitted into Holy Orders by any Bishop of the Protestant Episcopal Church in Scotland shall be entitled to be admitted or instituted to any Benefice or other Ecclesiastical Preferment in England or Ireland, without the Consent and Approbation of the Bishop of the Diocese in which such Benefice or other Ecclesiastical Preferment may be situated; and any such Bishop shall be entitled to refuse such Consent and Approbation without assigning Reason for such Refusal, any Law or Practice to the contrary notwithstanding; and every such Person seeking to be admitted or instituted to such Benefice or other Ecclesiastical Preferment, or to be licensed to any Curacy, shall, before being admitted, instituted, or licensed, make and subscribe before such Bishop every such Declaration and Subscription as he would by Law have been required to make and subscribe at his Ordination if he had been ordained by a Bishop of the United Church of England or Ireland: Provided always, that the Provisions of this Section shall not apply to any such Person who shall hold or shall have held any Benefice or Ecclesiastical Preferment in England or Ireland.

6 Penalty on such Persons officiating in certain Cases without Consent of Bishop.

Any Person admitted into Holy Orders by any Bishop of the Protestant Episcopal Church in Scotland, and who does not hold or who has not held any Benefice or Ecclesiastical Preferment in England or Ireland, who shall knowingly officiate on more than One Day within Three Months in any Church or Chapel in any Diocese in England or Ireland, without notifying the same to the Bishop of the Diocese in which such Church or Chapel is situate, or who shall officiate contrary to any Injunction of the Bishop of the Diocese under his Hand and Seal, shall for every such Offence forfeit and pay the Sum of Ten Pounds to the Governor of Queen Anne's Bounty, to be recovered by Action of Debt, brought in the Name of the Treasurer of the said Bounty, in any of Her Majesty's Courts of Record at Westminster, or in the Court of Session in Scotland at the Suit of the Public Prosecutor, or in Ireland in any Court of Common Law in the Name of the Ecclesiastical Commissioners.