PART IStipend and Teind
10Augmentation of stipend
(1)
On the passing of this Act the present law relating to augmentation of stipend shall cease to have effect without prejudice to any application for augmentation competently made before such passing or to anything following on such application or done therein.
(2)
The minister or the General Trustees as the case may be to whom a stipend or a standardised stipend is payable may—
(a)
if not less than twenty years shall have elapsed since the date of the last application for augmentation of the stipend ; or
(b)
upon the expiry of twenty years from the date of the last application for augmentation of the stipend or upon the expiry of ten years from the passing of this Act, whichever of these two events shall first occur;
apply to the Lord Ordinary to find whether there are surplus teinds available for an augmentation.' No such application may be made after the expiry of eleven years from the passing of this Act.
(3)
If the Lord Ordinary (whose decision shall be final and not subject to review) finds that there are surplus teinds so available, the minister or the General Trustees, as the case may be, shall be entitled to receive as from the first term of Martinmas following the date of the application an augmentation according to the following scale:—
(a)
Where the stipend as last modified by the Court of Teinds does not exceed twenty-five chalders, an augmentation of six chalders; and
(b)
Where the stipend as so modified exceeds twenty-five chalders but is less than thirty chalders, an augmentation of five chalders; and
(c)
Where the stipend as so modified is thirty chalders or upwards, an augmentation of four chalders.
The foregoing augmentation of six, five or four chalders, as the case may be, shall be converted and localled in sterling money according to the standard value, the order of allocation being in accordance with the present practice.
If the amount of the available surplus teinds as ultimately ascertained in the localling of the augmentation among the heritors is insufficient to meet the foregoing augmentations, the augmentation shall be limited to the amount so ascertained.
(4)
As from the date when a minister or the General Trustees, as the case may be, becomes or become entitled to an augmentation under this section, the amount of the augmentation shall be added to the stipend and shall be payable and recoverable in like manner.
(5)
The provisions set out in the Fourth Schedule to this Act shall have effect with respect to augmentations under this section and any decree of locality following thereon.
(6)
An augmentation under this section shall come in place of all future rights of augmentation and shall be final.
(7)
In the event of the Lord Ordinary finding that there are no surplus teinds available for an augmentation, neither the minister nor the General Trustees shall be entitled to make any further application.
(8)
In the application of this section to a parish where separate benefices exist and both ministers are entitled to victual stipend—
(a)
the expression " the date of the last application " for augmentation of the stipend" shall, in cases where applications for augmentation were last made at different dates, mean the later of those dates; and
(b)
the expression " the stipend as last modified by " the Court of Teinds " shall mean the stipend of each or either of the two benefices taken separately.