Church of Scotland Trust Order Confirmation Act 1932

Publication Date:January 01, 1932
 
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Church of Scotland Trust Order Confirmation Act 1932

(22 & 23 Geo. 5) c. xxi

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1899 relating to the Church of Scotland Trust.

[16th June 1932]

[22 & 23 Geo. 5.] Church of Scotland [Ch. xxi J Trust Order Confirmation Act, 1932. CHAPTER xxi. An Act to confirm a Provisional Order under a.d. 1932. the Private Legislation Procedure (Scotland) Act 1899 relating to the Church, of Scotland Trust. [16th June 1932.] W HEREAS the Provisional Order set forth in the schedule hereunto annexed has been made by one of His Majesty's Principal Secretaries of State under the provisions of the Private Legislation Procedure 62 & 63 Vict. (Scotland) Act 1899 as read with the Secretaries of c. 47. State Act 1926 and it is requisite that the said Order 16 & 17 should be confirmed by Parliament: Geo 5-c-,s- Be it therefore enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows : The Provisional Order contained in the schedule Confirmation hereunto annexed is hereby confirmed. schedule'" This Act may be cited as the Church of Scotland Short title Trust Order Confirmation Act 1932. [Price 4s. Od. Net] A 1 [Ch. xxi.] Church of Scotland [22 & 23 Geo. 5.] Trust Order Confirmation Act, 1932. SCHEDULE. CHURCH OF SCOTLAND TRUST. Provisional Order to incorporate the Church of Scotland Trust to vest in the Trust certain heritable properties and investments belonging to the Church and for other purposes. WHEREAS the Church of Scotland and the United Free Church of Scotland were by Act of Union adopted by the General Assembly of the Church of Scotland and the General Assembly of the United Free Church of Scotland met together in joint session on the second day of October one thousand nine hundred and twenty-nine united and constituted one Church under the name of " The Church of Scotland " : And whereas the heritable properties and investments pertaining or belonging to the various committees of the General Assembly of the Church of Scotland as that church existed and was constituted prior to the second day of October one thousand nine hundred and twenty-nine were by the Church of Scotland (General Trustees) Order 1921 transferred to and vested in the Church of Scotland General Trustees incorporated by the said Order and are subject to the powers contained in the said Order and to the provisions of the Church of Scotland (Property and Endowments) Act 1925 held by the said General Trustees for the same ends uses and purposes as those for which they were held by the trustees or persons in whom they were vested or by whom they were held prior to their being transferred to the said General Trustees where these ends uses and purposes are expressed or denned and failing such expression or definition subject to the directions of the committee on whose behalf they are held or of the General Assembly of the Church of Scotland : And whereas since the commencement of the said Order other heritable properties and investments have 2 [22 & 23 Geo. 5.] Church of Scotland [Oh. xxi.] Trust Order Confirmation Act, 1932, been acquired by the said General Trustees and are A.D. 1932. now held by and vested in them on behalf of various ~ committees of the said General Assembly : And whereas by virtue of the Church of Scotland (Property and Endowments) Act 1925 certain of the heritable properties and investments previously held by the said General Trustees under the said Order are now held for the purposes of the said Act of 1925 : And whereas under and in pursuance of the said Act of 1925 there have been or will be transferred to the said General Trustees other heritable properties and investments to be held and administered by them for the purposes of that Act and for purposes set out in orders and schemes issued by the Scottish Ecclesiastical Commissioners appointed thereunder: And whereas the greater part of the heritable properties and investments representing the funds pertaining or belonging to the United Free Church of Scotland as that Church existed and was constituted prior to the second day of October one thousand nine hundred and twenty-nine and also certain other heritable subjects belonging to the said church are at present held by and vested in the General Trustees of the United Free Church of Scotland appointed by Act of the General Assembly of the United Free Church of Scotland dated the thirty-first day of October one thousand nine hundred and subsequent Acts of the said Assembly as such General Trustees or in some of them as individuals : And whereas by Act of the General Assembly of the United Free Church of Scotland dated the first day of October one thousand nine hundred and twenty-nine it was enacted and declared in contemplation of the union between the Church of Scotland and the United Free Church of Scotland that the General Trustees of the United Free Church of Scotland should continue to act as such trustees and also as a body of General Trustees for the united Church after the union (meaning thereby the Church of Scotland as constituted by the said union) for the purposes of administering receiving and transferring to the General Trustees to be created or incorporated by Act of Parliament or otherwise appointed for the said. united Church when and so soon as they should be so created or incorporated or otherwise appointed A 2 3 [Ch. xxi.] Church of Scotland [22 & 23 Geo. 5.] Trust Order Confirmation Act, 1932. A.D. 1932, any property or funds which might be in or might come into the hands of the said General Trustees of the United Free Church of Scotland or into their hands as a body of General Trustees for the said united Church but that always as a body of, trustees separate from the Church of Scotland General Trustees until the said new body of trustees to be created or incorporated or otherwise appointed as aforesaid should be so created incorporated or otherwise appointed and be in a position to act as such trustees : And whereas by Act of Assembly of the Church of Scotland as reconstituted after the union of the Church of Scotland with the United Free Church of Scotland dated the second day of October one thousand nine hundred and twenty-nine the General Assembly of the Church of Scotland ratified confirmed and approved of the said Act of the General Assembly of the United Free Church of Scotland dated the first day of October one thousand nine hundred and twenty-nine and confirmed and adopted the appointment or continuance of the General Trustees of the United Free Church of Scotland as formerly constituted made or continued by and under the said last mentioned Act of Assembly and the whole terms and provisions thereof in all respects : And whereas certain of the remaining heritable properties and investments representing the funds of the United Free Church of Scotland as formerly constituted are at present held by and are vested in the United Free Church of Scotland Trust incorporated under the Companies Acts 1908 to 1917 on the eighteenth day of February one thousand nine hundred and twenty-seven : And whereas certain funds belonging to the Church of Scotland or to the United Free Church of Scotland as formerly constituted and now to the united Church have been invested in heritable properties and investments the titles to which have been taken in the names of different persons or sets of persons either as trustees or as individuals all hereinafter referred to as " the individual trustees " : And whereas it is desirable and expedient that (1) the whole heritable properties and investments at present held by or vested in the Church of Scotland General Trustees under the provisions of the Church of Scotland 4 [22 So 23 Geo. 5.] Church of Scotland [Ch. XXi.] Trust Order Confirmation Act, 1932. (General Trustees) Order 1921 (so far as these A.D. 1932. do not fall under the provisions of the Church of Scotland (Property and Endowments) Act 1925) as these are set out in Part I of the Schedule to this Order; (2) the whole heritable properties and investments at present held by or vested in the General Trustees of the United Free Church of Scotland as these are set out in Part II of the said schedule; (3) the whole heritable properties and investments at present held by or vested in the United Free Church of'Scotland Trust as these also are set out in Part II of the said schedule; and (4) the whole heritable properties and investments at present held by or vested in the individual trustees as these are set out in Part III of the said schedule; should be held by a single body of trustees for the Church of Scotland: And whereas having regard to the statutory duties and responsibilities imposed upon the Church of Scotland General Trustees by the Church of Scotland (Property and Endowments) Act 1925 it is inexpedient to transfer to them the heritable properties and investments set forth in Parts II and III of the said schedule: And whereas in the circumstances above recited it is expedient that the heritable properties and investments set forth in the said schedule should be transferred to a new body of trustees constituted and incorporated for that purpose as in this Order provided: And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1899 : Now therefore in pursuance of the powers contained in the said last-mentioned Act as read with the Secretaries of State Act 1926 the Secretary of State orders as follows : 1. This Order may be cited for all purposes as the Short titlei Church of Scotland Trust Order 1932. 5 [Ch. XXI.] Church of Scotland [22 & 23 Geo. 5.] Trust Order Confirmation Act, 1932. AD. 1932. 2. This Order shall come into operation at the date of the passing of. the Act...

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