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Ecclesiastical Buildings and Glebes (Scotland) Act 1868
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Ecclesiastical Buildings and Glebes (Scotland) Act 1868, Section 3 is up to date with all changes known to be in force on or before 11 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Commencement Orders yet to be applied to the Ecclesiastical Buildings and Glebes (Scotland) Act 1868
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
3 Heritors dissatisfied with determinations of presbyteries in regard to churches, manses, glebes, &c. may remove proceedings by appeal to sheriff. U.K.
If, in the course of any proceedings before any presbytery of the Church of Scotland relating to the building, rebuilding, repairing, adding to, or other alteration of churches or manses, or to the designing or excambing of sites therefor, or to the designing or excambing of glebes or additions to glebes, or to the designing or excambing of sites for or additions to churchyards, and the suitable maintenance thereof (including the building or repairing of churchyard walls), any heritor or the minister of the parish shall be dissatisfied with any order, finding, judgment, interlocutor, or decree pronounced by such presbytery, it shall be competent for such heritor or minister, within twenty days of the date of such order, finding, judgment, interlocutor, or decree, to stay such proceedings by appealing the whole cause as herein-after provided; and such appeal, on being duly intimated to the clerk of the said presbytery, shall have the effect of staying the presbytery from taking any further steps in connection with said proceedings: Provided always, that if no such appeal is taken and duly intimated within the period foresaid, every such order, finding, judgment, interlocutor, or decree not appealed from as aforesaid shall be final and not subject to review: Provided also, that if the heritor or minister taking any appeal as aforesaid shall unduly delay to follow forth the same, it shall be competent for any other heritor, or for the minister of the parish, or for the clerk of the presbytery of the bounds by the authority of the said presbytery, or for the clerk of the heritors by the authority of the heritors, to sist himself as a party to said appeal, and to follow forth the same as the original appellant could have done.
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