Army Chaplains Act 1868

1868 CHAPTER 83 31 and 32 Vict

An Act to afford greater Facilities for the Ministrations of Army Chaplains.

[31st July 1868]

Modifications etc. (not altering text)

C1 Preamble omitted under authority of Statute Law Revision Act 1893 (c. 14)

C2 Act extended to Air Force by S.R. & O. 1918/548 (Rev. I p. 896: 1948 I, p. 50)

1 Short title. E+W+N.I.

This Act may be cited as “The Army Chaplains Act 1868.”

2 Interpretation of terms. E+W+N.I.

For the purposes of this Act the term “army chaplain” shall mean a commissioned chaplain to Her Majesty’s military forces in holy orders of the said Church; and the term “station” shall mean and include any camp, barrack, hospital, or arsenal, and property adjacent thereto, the site whereof is held by or in trust for Her Majesty.

Modifications etc. (not altering text)

C3 The “said Church” means the Church of England

3 Extent of Act. E+W+N.I.

This Act shall extend to England, Ireland, the islands of Jersey, Guernsey, Alderney, Sark, and their dependencies, and the Isle of Man.

4 Power to Her Majesty, with consent, &c., to set out the precinct, and declare the same to be an extra-parochial district. E+W+N.I.

It shall be lawful for the Queen’s most excellent Majesty in Council, upon the recommendation of one of Her Majesty’s Principal Secretaries of State, at any time with the consent under the hand and seal of the bishop of the diocese within which such station shall be locally situate, to set out by metes and bounds the precinct thereof, and to declare the same for the purposes of this Act to be an extra-parochial district: Provided always, that a copy of the draft of any scheme for constituting any such precinct or district proposed to be laid before Her Majesty in Council shall be delivered or transmitted to the incumbent . . . F1 of the church or chapel of any parish, chapelry, or district out of which it is recommended that any such precinct or district, or any part thereof, should be taken, in order that such incumbent, . . . F1 , may have an opportunity of offering or making to one of Her Majesty’s Principal Secretaries of State or to the said bishop any observations or objections upon or to the constitution of such precinct or district; and such scheme shall not be laid before Her Majesty in Council until after the expiration of one month next after such copy shall have been so delivered or transmitted, unless such incumbent . . . F1 shall in the meantime consent to the same; and upon such scheme having been ratified by Her Majesty in Council, such precinct or district shall thereafter for all ecclesiastical purposes be and be adjudged and taken to be an extra-parochial place.

Textual Amendments

F1 Words repealed by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 41(2), Sch. 5

Modifications etc. (not altering text)

C4 S. 4 amended by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), s. 34(4)

5 Map describing metes and bounds shall be annexed to scheme and registered. E+W+N.I.

A map or plan, setting forth and describing such metes and bounds, shall be annexed to the scheme for constituting any such precinct or district, and shall be transmitted therewith to Her Majesty in Council, and a copy thereof shall be registered by the registrar of the diocese, together with any Order issued by Her Majesty in Council for ratifying such scheme: Provided always, that it shall not be necessary to publish any such map or plan in the London Gazette.

6 Power to Secretary of State to appoint any army chaplain to perform functions in extra-parochial district. E+W+N.I.

It shall be lawful for one of Her Majesty’s Principal Secretaries of State to appoint from time to time any army chaplain to perform the functions of an army chaplain in any such extra-parochial district, and thereupon it shall be lawful for any such chaplain to officiate therein; and such chaplain during the continuance of his appointment shall for all ecclesiastical purposes be, and be adjudged and taken to be, the chaplain of an extra-parochial place within the provisions of this Act.

7 Chapel erected and consecrated in extra-parochial district to be the chapel thereof. E+W+N.I.

Where a chapel has been or shall be hereafter erected within the said extra-parochial district, and consecrated for the performance therein of divine service according to the rites and ceremonies of the said . . . F2 Church, such chapel shall be for the purposes of this Act the chapel of the said extra-parochial district, and shall for all ecclesiastical purposes be, and be adjudged and taken to be, an extra-parochial chapel.

Textual Amendments

F2 Word omitted by virtue of Irish Church Act 1869 (c. 42) s. 69

8 Where building certified to the bishop, Secretary of State may appoint a chaplain to officiate therein. E+W+N.I.

Where a building shall have been certified under the hand of one of Her Majesty’s Principal Secretaries of State, to the bishop of the diocese within which such building is locally situate, as used or intended to be used by Her Majesty’s military forces as an unconsecrated chapel for the purpose of divine worship according to the rites and ceremonies of the said . . . F3 Church, it shall be lawful for one of Her Majesty’s Principal Secretaries of State from time to time to appoint any army chaplain to perform all the functions of an army chaplain therein; and if at any time such building shall cease to be used for the purpose aforesaid, it shall be lawful for one of Her Majesty’s Principal Secretaries of State to certify such fact to the said bishop, and thereupon the provisions of this Act shall no longer apply to such building.

Textual Amendments

F3 Word omitted by virtue of Irish Church Act 1869 (c. 42) s. 69

9 Power to declare extra-parochial districts to be under jurisdiction of such archbishop or bishop named in Order. E+W+N.I.

It shall be lawful for the Queen’s most excellent Majesty in Council, upon the recommendation of one of Her Majesty’s Principal Secretaries of State, at any time to declare all or any of the extra-parochial districts set out under the provisions of this Act to be under the exclusive jurisdiction of such archbishop or bishop of the said . . . F4 Church as may be named in such Order during such time as Her Majesty shall see fit; and thereupon it shall be lawful for such archbishop or bishop to exercise over any army chaplain appointed to officiate within any such extra-parochial district all the powers and authority which he is by law authorized to exercise over any clerk in holy orders of the said . . . F4 Church holding any preferment within his diocese: Provided always, that the previous consent in writing of the said archbishop or bishop named therein shall be obtained before the making of such order, and further, that after the making of such Order, and until the revocation thereof, all other ecclesiastical jurisdiction in respect of the extra-parochial districts named in such Order shall wholly cease.

Textual Amendments

F4 Word omitted by virtue of Irish Church Act 1869 (c. 42) s. 69

10 Act not to affect chaplains, &c. in connexion with the Church of Scotland. E+W+N.I.

Nothing in this Act contained shall be held to apply to chaplains of Her Majesty’ Forces in connexion with the Church of Scotland, or to affect the ministrations of such chaplains, or of any licentiate or minister of the Church of Scotland authorized by the War Office to officiate to Her Majesty’s Presbyterian soldiers in any station within the limits of this Act.