United Reformed Church Acts 1972 and 1981 (Jersey) Order 1998
Jersey Order In Council 10/1998
THE UNITED
REFORMED CHURCH ACTS 1972 AND 1981 (JERSEY)
ORDER 1998
____________
(Registered
on the 3rd day of April 1998)
____________
At the
Court at Buckingham
Palace
____________
18th day of March 1998
____________
PRESENT
The Queen’s
Most Excellent Majesty in Council
____________
HER
MAJESTY, in
exercise of the powers conferred upon Her by section 33 of the United Reformed Church Act 1972, and section 31 of the United Reformed Church Act 1981, is pleased, by and with the
advice of Her Privy Council, to order, and it is hereby ordered, as follows
–
1. This
Order may be cited as the United Reformed Church
Acts 1972 and
1981 (Jersey) Order 1998 and shall come into
force on 18th May 1998.
2. In
this Order, “Jersey” means the
Bailiwick of Jersey.
3. The
United Reformed Church Act 1972 shall extend to Jersey
with the exceptions, adaptations and modifications specified in Schedule 1
to this Order.
4. Sections
1, 2, 21, 24, 28 and 29 of the United Reformed Church Act 1981 shall extend to Jersey
with the exceptions, adaptations and modifications specified in Schedule 2
to this Order.
N.H. NICHOLLS
Clerk of the
Privy Council.
SCHEDULE 1
(Article 3)
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE UNITED REFORMED CHURCH
ACT 1972 IN ITS EXTENSION TO JERSEY
1. Where
there is a reference to the date of formation there is substituted a reference
to the date of the extension of the United Reformed Church Act 1972 to Jersey.
2. In
section 4(2), in paragraph (a)(ii), for “passing of this Act”
substitute “extension of this Act to Jersey”.
3. In
section 4(3), for the words from “forthwith after the appointment of the
first clerk” onwards substitute “at the same time as he sends the
certificate to the commissioners send a copy of it to the clerk”.
4. In
section 5(2) –
(a) in paragraph (a) –
(i) for
“effected by the preceding subsection” substitute “effected
by section 5(1) of the United Reformed Church
Act 1972 as
that Act has effect in England and Wales”; and
(ii) at the end insert –
“: Provided
that nothing in this paragraph shall be taken to prevent a non-uniting
congregation from becoming a member of a Presbyterian Church other than that
church or denomination commonly described and known as the Presbyterian Church
of England and regulating its affairs in accordance with the doctrinal and
administrative principles and usages of that other Presbyterian Church”;
and
(b) omit
paragraph (b).
5. In
section 5(3), for paragraphs (a) to (i)
substitute –
“(a) every uniting church and uniting congregation
in Jersey; and
(b) every committee, council, court or
other unincorporated association of or exclusively subsidiary or ancillary to
any of the associations listed in paragraphs (a) to (h) of section 5(3) of
the United Reformed Church Act 1972 as that Act has effect in England
and Wales.”.
6. In
section 6(1), for the comma before “of the Congregational Union”
substitute “or”; and omit the words from “or of any
association” to “of that schedule”.
7. Omit
section 6(2).
8. Omit
section 7.
9. Omit
section 8.
10. In section
9(1), omit “(other than property to which the preceding section of this
Act applies)”.
11. Omit
section 9(2).
12. In section
10(2), omit the words from “and until” to “of this
Act”; and for “this Act had not been passed” substitute
“this Act had not been extended to Jersey”.
13. In section
11(2)(b), omit “section 8 (Lands held in trust for uniting churches and
uniting congregations),”.
14. In section
12(1), omit the words from “and until” to “of this
Act”.
15. In section
12(2), omit the words from “, until” to “said section
13”; and omit paragraph (b).
16. In section
12(3), for all the words after “in connection with”, where that
expression appears for the second time, substitute the words “the Congregational
Church, the Congregational Union and any incorporated or unincorporated council
or association of congregational churches or of the congregational
denomination”.
17. In section
12(4)(b), omit “section 8 (Lands held in trust for uniting churches and
uniting congregations),”.
18. Omit
sections 13 to 15.
19. Omit
section 19.
20. Omit
section 20(3).
21. Omit
section 22.
22. Omit
section 23(1) and (3).
23. In section
23(2) –
(a) omit “to which the preceding
subsection applies”;
(b) for “Part III of the Marriage Act 1949” substitute “Articles 38 and 39 of the Loi
(1842) sur l’Etat Civil as amended”; and
(c) for “the said Act”
substitute “the said Law”.
24. In section
23(4) –
(a) for “the Registrar General of
Births, Deaths and Marriages in England
and Wales”
substitute “l’Enregistreur Surintendant”; and
(b) omit “to which subsection (1)
of this section applies and shall indicate on that list which of those
buildings are buildings”.
25. In section
24(1), for the words from “On and from the date” to “that Act”
substitute the words “On and from the date of the extension of this Act
to Jersey the Sharing of Church
Buildings (Jersey) Law 1973 shall have effect as if the United Reformed Church were named in
the Schedule to that Law”.
26. In section
24(2), for “the said Act” substitute “the
said Law”.
27. In section
26(2), at the end, for “passed” substitute “extended to Jersey”.
28. Omit
section 28(4).
29. In section
29, insert before the word “Law” the word “Jersey”
(in two places).
30. In section
31 –
(a) omit “the
commissioners”; and
(b) at the end, insert –
“nor shall
be taken as being in derogation of the Loi (1862) sur les teneures
en fidéicommis et l’incorporation d’associations,
as amended”.
31. Omit
sections 32 to 34 and Schedules 1 and 2.
SCHEDULE 2
(Article 4)
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO PROVISIONS OF THE UNITED
REFORMED CHURCH ACT 1981 IN THEIR EXTENSION TO JERSEY
1. In
section 2 –
(a) omit the definitions of
“Association”, “Churches of Christ”,
“clerk”, “commissioners”, “date of unification”,
“dissolved association”, “Moderator”, “Proposals
for Unification”, “Unifying Assembly”, “Unifying
Declaration”, and “uniting church”;
(b) in the definition of “Act of
1972”, at the end, add “as extended to Jersey
by the United Reformed Church Acts 1972 and 1981 (Jersey)
Order 1998”.
2.-(1) In section 21(1) –
(a) for “commencement of this
Act” substitute “date of extension of this section to Jersey”;
(b) in paragraphs (a) and (b), for
“formation as defined in the Act of 1972” substitute “the
extension of the Act of 1972 to Jersey”;
(c) omit paragraphs (c) and (d);
(d) for “passing of this
Act” substitute “extension of this section to Jersey”;
(e) in paragraph (i), for “5th October 1972” substitute “the date of the
extension of the Act of 1972 to Jersey”;
and
(f) omit paragraphs (iii)
and (iv).
(2) In section 21(2) –
(a) for “commencement of this
Act” substitute “date of extension of this section to Jersey”;
(b) for “said date of
formation” substitute “date of extension of the Act of 1972 to Jersey”; and
(c) omit “and section 15”.
(3) Omit section 21(3).
3. In
section 24 –
(a) for “society, or uniting
church” substitute “or society”; and
(b) insert the word “Jersey” before the words “Law Society”
(in two places).
4. In
section 29 –
(a) omit “the commissioners”;
and
(b) at the end, insert –
“nor shall
be taken as being derogation of the Loi (1862) sur les teneures
en fidéicommis et l’incorporation d’associations,
as amended”.
UNITED REFORMED
CHURCH ACT 1972
1972 CHAPTER 18
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ARRANGEMENT OF SECTIONS
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Section
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1.
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Short title.
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2.
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Interpretation.
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3.
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Validity and evidence of Uniting Declaration.
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4.
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Validity and evidence of certain resolutions.
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5.
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Dissolution of unincorporated bodies.
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6.
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Powers of incorporated associations.
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7.
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* * * * * * *
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8.
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* * * * * * *
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9.
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Other property held in trust for uniting churches and uniting
congregations.
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10.
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Property held in trust for uniting and other churches or
congregations.
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11.
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Property held in trust for the Presbyterian Church.
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12.
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Property held in trust for the congregational denomination.
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13.
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* * * * * * *
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14.
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* * * * * * *
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15.
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* * * * * * *
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16.
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Gifts which are to take effect as gifts to the United Reformed
Church.
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17.
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Power to make grants, etc., to the United Reformed Church.
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18.
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Powers vested in dissolved associations.
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19.
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* * * * * * *
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20.
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Preservation of existing trusteeships.
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21.
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Covenants restricting use of land.
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22.
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* * * * * * *
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23.
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Application of Places of Worship Registration Act 1855 and
Marriage Act 1949.
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24.
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Sharing of church buildings.
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25.
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Actions, etc., by or against the United Reformed Church.
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26.
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Pending representative actions, etc.
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27.
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Indemnities.
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28.
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Admission of non-uniting churches and congregations.
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29.
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Arbitration.
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30.
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Saving for charges, etc.
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31.
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Saving of powers in regard to charities.
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32.
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* * * * * * *
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33.
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* * * * * * *
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34.
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* * * * * * *
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SCHEDULES
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Schedule 1.–
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* * * * *
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Schedule 2 –
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* * * * *
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ELIZABETH II
1972 CHAPTER 18
AN
ACT to make
provision as to property held on behalf of the Congregational Church in England
and Wales and its member churches and of the Presbyterian Church of England,
and for other purposes incidental to or consequential upon the formation of the
United Reformed Church (Congregational-Presbyterian) in England and Wales.
[29th June 1972]
WHEREAS
–
(1) The
Congregational Church in England
and Wales
(hereinafter called “the Congregational Church”) is a voluntary
unincorporated association of autonomous groups of persons (known as
“churches”) of the congregational denomination the affairs of which
are regulated by a council and an assembly:
(2) The
Congregational Union of England and Wales (Incorporated) is a company
limited by guarantee having for its main object the promotion of evangelical
religion according to the principles and usages for the time being of
protestants of the congregational denomination and having power to act as
trustee of any property vested in the company:
(3) The
incorporated associations whose names are set out in Part I and the second
column of Part II of the First Schedule to this Act and in paragraphs (d)
to (g) inclusive of subsection (3) of section 12 (Property held in trust for
the congregational denomination) of this Act are companies limited by guarantee
(or otherwise limited) having objects and powers similar to the objects and
powers of The Congregational Union of England and Wales (Incorporated):
(4) The
associations whose names are set out in the first column of Part II of the First
Schedule to this Act are voluntary unincorporated associations of churches of
the congregational denomination within particular counties or areas formed for
the purpose of mutual guidance and assistance:
(5) The
church or denomination known as the Presbyterian Church of England (hereinafter
called “the Presbyterian Church”) is a voluntary unincorporated
association of persons organised for the purpose of
Christian worship, instruction, fellowship and work into groups (known as
“congregations”) having a form of church government administered
through representative councils or courts known as Sessions, Presbyteries and
the General Assembly of which the last mentioned is the supreme court whose
decisions are final and binding upon the whole Presbyterian Church:
(6) The
Presbyterian Church of England Trust is a company limited by guarantee having
for its main object the carrying on, promotion and furtherance of religious or
other charitable work directed to the advancement and support of the
Presbyterian Church and having power to act as trustee of any property vested
in the company:
(7) The
Assembly of the Congregational Church and the General Assembly of the
Presbyterian Church being convinced that the will of God is a union of their
respective churches or denominations have for many years been engaged in
discussions towards the achievement of that end:
(8) The
said discussions culminated in the preparation of a Scheme of Union
(hereinafter called “the Scheme”) which was approved by the
Assembly of the Congregational Church on the eleventh day of May One thousand
nine hundred and seventy-one and by the General Assembly of the Presbyterian
Church on the same day:
(9) The
Scheme provides for the formation of a united church or denomination under the
name of the United Reformed Church (Congregational-Presbyterian) in England
and Wales
(hereinafter called “the United Reformed Church”) if the procedures
and conditions defined and declared in the Scheme are satisfied:
(10) The formation of
the United Reformed Church must involve the variation of trusts of property
held for or for the purposes of (amongst other bodies) the Congregational
Church, churches and associations of churches and of the Presbyterian Church
and of the organisations and associations of that church
or denomination:
(11) It is expedient
that the variations of trust for which provision is made in this Act should be
made if the United Reformed Church is formed:
(12) It is further
expedient that the other provisions of this Act (being provisions incidental to
or consequential upon the formation of the United Reformed Church) should be
enacted:
(13) And whereas the
purposes of this Act cannot be effected without the authority of Parliament:
May it therefore
please Your Majesty that it may be enacted, and be it enacted, by the
Queen’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 –
Short title
1. This
Act may be cited as the United Reformed Church
Act 1972.
Interpretation
2.-(1) In this Act, unless the subject or
context otherwise requires –
“clerk”
means the clerk of the General Assembly;
“commissioners”
means the Charity Commissioners for England and Wales;
“Congregational
Church” means the voluntary unincorporated association known as the
Congregational Church in England
and Wales;
“Congregational
Union” means The Congregational Union of
England and Wales
(Incorporated);
“date of
formation” means the date on which is
passed the Uniting Declaration;
“enactment”
means an enactment in this Act or in any general or local Act or in any order,
rule or regulation made under any Act;
“General
Assembly” means the General Assembly of the United Reformed Church;
“land”
includes any estate, interest or right, in, over or under land;
“local
church” means a local church of the United Reformed Church;
“Moderator”
means the Moderator of the General Assembly of the United Reformed Church;
“non-uniting
church” means a body of persons organised
according to the principles and usages of the congregational denomination for
the purpose of worship, communion and fellowship other than a uniting church;
“non-uniting
congregation” means a congregation of the Presbyterian Church which shall
have passed a resolution to secede under and in accordance with the Scheme of
Union;
“Presbyterian
Church” means the church or denomination commonly described and known as
the Presbyterian Church of England;
“property”
means property of every description wheresoever situate and includes property
held on trust and securities, rights and powers of every description;
“resolution
of approval” means a resolution of an association named in Part I or the
first column of Part II of the First Schedule to this Act which approves that
resolution of the Assembly of the Congregational Church which is referred to in
the definition of the “Scheme of Union” in this subsection;
“Scheme of
Union” means the scheme of union approved by resolution of the Assembly
of the Congregational Church on the eleventh day of May One thousand nine
hundred and seventy-one and by resolution of the General Assembly of the
Presbyterian Church on the same day;
“United
Reformed Church” means the church or denomination which on its formation
is to be described and known as the United Reformed Church
(Congregational-Presbyterian) in England and Wales, or as the United Reformed
Church (Congregational-Presbyterian) or as the United Reformed Church;
“uniting
church” means a member church of the Congregational Church which shall
have passed a resolution to unite under and in accordance with the Scheme of
Union;
“uniting
union church” means a uniting church which immediately before the passing
of its resolution to unite shall have been a member of the Baptist Union of
Great Britain and Ireland;
“uniting
congregation” means a congregation of the Presbyterian Church other than
a non-uniting congregation; and
“the
Uniting Declaration” means the declaration which under the Scheme of
Union forms the United Reformed Church.
(2) Any reference in this Act to any
enactment shall be construed as a reference to that enactment as applied,
extended or amended by or by virtue of any subsequent enactment including any
enactment in this Act.
Validity and
evidence of Uniting Declaration
3.-(1) The declaration by the president of the
United Assembly at that Assembly that the Uniting Declaration has been passed
in accordance with the Scheme of Union shall be final and conclusive as to that
fact and as to the satisfaction of all preliminary procedures and conditions
defined and declared in the Scheme, and the date, validity and effectiveness of
the Uniting Declaration shall not thereafter be questioned on any ground in any
court or proceeding whatsoever.
(2)(a) The president of the United Assembly forthwith after the
passage of the Uniting Declaration shall certify his declaration of that event
and the date thereof, and shall send the certificate together with a copy of
the Scheme of Union to the commissioners for safe keeping under section 25(2)
of the Charities Act 1960.
(b) A copy of the
certificate referred to in the preceding paragraph or of the Scheme of Union
which is authenticated either by the Moderator or by the clerk shall be
admissible in all courts and proceedings as evidence respectively of the
matters certified and of the contents of the Scheme of Union; and a document
purporting to be such a copy shall be received without proof of the position or
handwriting of the person authenticating it.
(3) In this section the expression
“United Assembly” means the assembly which under the Scheme of
Union is empowered to pass the Uniting Declaration.
Validity and
evidence of certain resolutions
4.-(1) The declaration by the person presiding
at the appropriate meeting that a resolution of approval, a resolution to unite
or a resolution to secede has been passed shall be final and conclusive as to
that fact and as to the satisfaction of all preliminary procedures and
conditions, and the date, validity and effectiveness of such a resolution shall
not thereafter be questioned on any ground in any court or proceeding
whatsoever.
(2) Subsection (2) of section 3
(Validity and evidence of Uniting Declaration) of this Act shall apply in
regard to resolutions of approval, resolutions to unite and resolutions to
secede, and for the purpose of such application –
(a) paragraph (a) of the said
subsection shall have effect as if –
(i) for
the reference to the president of the United Assembly there were substituted a
reference to the person presiding over the meeting at which the resolution in
question is passed or (in the event of his death or inability or unwillingness
to act) to a person present at the meeting;
(ii) for the reference to forthwith
after the passage of the Uniting Declaration there were substituted a reference
to forthwith after the [extension of this Act to Jersey];
(iii) for the expression “of that
event” there were substituted the words “the passing of the
resolution”;
(iv) the reference to the Scheme of Union were
omitted;
(b) paragraph (b) of the said
subsection shall have effect as if –
(i) the
reference to the Scheme of Union were omitted; and
(ii) in relation to a resolution to
secede, as if for the reference to the Moderator or the clerk there were substituted
a reference to the minister or the session clerk for the time being of the
non-uniting congregation in question.
(3) The person who sends to the
commissioners a certificate of the passage of a resolution of approval or of a
resolution to unite or (in the event of his death or inability or unwillingness
to act) another person present at the meeting in question, shall [at the same
time as he sends the certificate to the commissioners send a copy of it to the
clerk].
(4) In this section a “resolution
to unite” means a resolution which is referred to in the definition of
“uniting church” in section 2 (Interpretation) of this Act and
“resolution to secede” means a resolution which is referred to in
the definition of “non-uniting congregation” in the said section 2.
Dissolution of
unincorporated bodies
5.-(1) On the date of formation and subject to
the provisions of this section every association to which this section applies
shall be dissolved and all offices held in or in connection with each such association
shall be extinguished.
(2)(a) Notwithstanding the dissolution of the Presbyterian Church
[effected by section 5(1) of the United Reformed Church Act 1972 as that Act has effect in England
and Wales] a non-uniting congregation shall not be dissolved but on and after
the date of formation shall continue with its affairs regulated in accordance
with the doctrinal and administrative principles and usages of the Presbyterian
Church extant immediately before the date of formation subject only to such modifications
to those principles and usages as shall be decided by the Session with the
concurrence of a meeting of the congregation to be necessary in consequence of
the dissolution of the Presbyterian Church[:
Provided that
nothing in this paragraph shall be taken to prevent a non-uniting congregation
from becoming a member of a Presbyterian Church other than that church or
denomination commonly described and known as the Presbyterian Church of England
and regulating its affairs in accordance with the doctrinal and administrative
principles and usages of that other Presbyterian Church].
(b) * * * * *
(3) This section applies to –
[(a) every uniting church and uniting
congregation in Jersey; and
(b) every committee, council, court or
other unincorporated association of or exclusively subsidiary or ancillary to
any of the associations listed in paragraphs (a) to (h) of section 5(3) of
the United Reformed Church Act 1972 as that Act has effect in England
and Wales.]
Powers of
incorporated associations
6.-(1)
On and from the date of formation
any words referring to or describing whether expressly or by implication the
Presbyterian Church or the congregational denomination, being words which
immediately before that date were contained in the rules of the Retired
Presbyterian Ministers Housing Society Limited, the Memorandum or Articles of
Association of the Presbyterian Church of England Trust [or] of the
Congregational Union * * *, shall be read, construed and have effect as
including a reference to or description of the United Reformed Church.
(2) * * * * *
7. *
* * * * * *
8. *
* * * * * *
Other property
held in trust for uniting churches and uniting congregations
9.-(1) All property * * * which immediately
before the date of formation is held in trust for or for the purposes of or in
connection with –
(a) a uniting church (whether alone or
jointly with one or more other uniting churches or uniting congregations);
(b) a uniting congregation (whether
alone or jointly with one or more other uniting congregations or uniting
churches);
(c) the minister or ministers of one or
more uniting churches or of one or more uniting congregations; or
(d) the members of or any class of
members of one or more uniting churches or of one or more uniting
congregations;
shall on and from
that date be held in trust for or (as the case may be) for equivalent purposes
of or in connection with the local church, minister of a local church or
members or class of members of a local church corresponding to the uniting
church, uniting congregation, minister, members or class of members for which
or for the purpose of which the property was previously held but otherwise, so
far as circumstances will permit, upon the same trusts and with and subject to
the same powers and provisions as those upon which the property was held before
the date of formation.
(2) * * * * *
Property held in
trust for uniting and other churches or congregations
10.-(1) This section applies to any property
which immediately before the date of formation is held in trust for or for the
purposes of or in connection with –
(a) a uniting church (whether alone or
jointly with one or more other uniting churches or uniting congregations) and a
church which is not a uniting church (whether alone or jointly with one or more
other such churches);
(b) the minister or ministers of one or
more uniting churches and the minister or ministers of one or more churches
which are not uniting churches;
(c) the members of or any class of
members of one or more uniting churches and the members or any class of members
of one or more churches which are not uniting churches;
(d) a uniting congregation (whether
alone or jointly with one or more other uniting congregations) and a
congregation which is not a uniting congregation (whether alone or jointly with
one or more other such congregations);
(e) the minister or ministers of one or
more uniting congregations and the minister or ministers of one or more
congregations which are not uniting congregations; or
(f) the members or any class of
members of one or more uniting congregations and the members or any class of
members of one or more congregations which are not uniting congregations.
(2) On and from the date of formation *
* * all property to which this section applies shall be managed by the same
persons, and with the same powers, as if [this Act had not been extended to
Jersey], and those persons shall permit the property or the benefit thereof to
be used or enjoyed by or for the purposes of the various churches or
congregations concerned or the minister or ministers thereof, and the members
or any class or classes of the members thereof, in such manner as in the
opinion of those persons will enable the property to be used and enjoyed as
nearly as possible in the same manner as it was used and enjoyed immediately
before the date of formation.
(3) In the preceding provisions of this
section the expression “uniting church” does not include a uniting
union church but such a church shall not be treated as a church which is not a
uniting church.
Property held in
trust for the Presbyterian Church
11.-(1) Save as hereinafter provided, all
property which immediately before the date of formation is held in trust for or
for the purposes of or in connection with the Presbyterian Church or any court,
committee, society, institution or charity exclusively subsidiary or ancillary
to the Presbyterian Church shall on and from that date be held in trust for or
(as the case may be) for the purposes of or in connection with the United
Reformed Church or the corresponding council, committee, society, institution
or charity subsidiary or ancillary to the United Reformed Church but otherwise,
so far as circumstances will permit, upon the same trusts and with and subject
to the same powers and provisions as those upon which the property was held
before the date of formation.
(2) Subsection (1) of this section
shall not apply to property held in trust for or for the purposes of or in
connection with the bodies specified in that subsection, being –
(a) property comprising the Ministers
and Widows and Orphans Pension Fund of the Presbyterian Church of England;
(b) property to which * * * section 9
(Other property held in trust for uniting churches and uniting congregations)
or section 10 (Property held in trust for uniting and other churches or
congregations) of this Act applies; or
(c) property which immediately before
the date of formation is held for or for the purposes of or in connection with
or which is used by –
(i) a
non-uniting congregation (whether alone or jointly with one or more other
congregations which are not uniting congregations);
(ii) the minister or ministers of one or
more congregations which are not uniting congregations but of which one or more
is a non-uniting congregation; or
(iii) the members of any class of members
of one or more congregations which are not uniting congregations but of which
one or more is a non-uniting congregation.
Property held in
trust for the congregational denomination
12.-(1) On and from the date of formation * * *,
all property to which this section applies shall be held so far as
circumstances will permit upon the same trusts and with and subject to the same
powers and provisions as those upon which the property was held before the date
of formation but the purposes of such trusts and the powers and provisions
thereof shall be hereby varied or extended so as to include purposes of the
United Reformed Church corresponding to any purpose of the trust which was
extant before the date of formation.
(2) If immediately before the date of
formation any property to which this section applies was (in whomsoever vested)
subject to the management of any association which is dissolved by section 5
(Dissolution of unincorporated bodies) of this Act, then * * * the management
of that property shall be exercised –
(a) where the management was previously
exercised by a uniting church, by the local church corresponding to that
uniting church;
(b) * * * * *
(c) in any other case, by such persons
as the General Assembly shall appoint but the General Assembly may delegate the
exercise of its powers under this paragraph to any person or body of persons.
(3) Subject to the provisions of the
next following subsection this section applies to all property which
immediately before the date of formation is held in trust for or for the
purposes of or in connection with the congregational denomination, and in
particular includes all property held in trust for or by or for the purposes of
or in connection with [the Congregational Church, the Congregational Union and
any incorporated or unincorporated council or association of congregational
churches or of the congregational denomination].
(4) This section does not apply to
–
(a) property comprising the
Congregational Ministers’ Pension Fund, the Congregational Pastors’
Superannuation Fund and the Congregational Pastors’ Widows’ Fund;
(b) property to which * * * section 9
(Other property held in trust for uniting churches and uniting congregations)
or section 10 (Property held in trust for uniting and other churches or
congregations) of this Act applies;
(c) property which immediately before
the date of formation is held for or for the purposes of or in connection with
or is used by –
(i) a
non-uniting church (whether alone or jointly with one or more other churches
which are not uniting churches);
(ii) the minister or ministers of one or
more churches which are not uniting churches but of which one or more is a
non-uniting church;
(iii) the members or any class of members
of one or more churches which are not uniting churches but of which one or more
is a non-uniting church; or
(iv) a uniting union church (whether alone or
jointly with one or more other churches); and
(d) for the avoidance of doubt,
property which immediately before the date of formation is held by
Congregational Memorial Hall Trust Limited.
13. * * * * * *
*
14. * * * * * *
*
15. * * * * * *
*
Gifts which are
to take effect as gifts to the United Reformed Church
16.-(1) Any provision contained in any
settlement, trust deed, deed of covenant, will or codicil coming into operation
on or after the date of formation and being a provision in favour
of or directed to be administered by any association dissolved by section 5
(Dissolution of unincorporated bodies) of this Act, shall have effect as a
provision in favour of or to be administered by the
corresponding association of the United Reformed Church but upon, with and
subject to such trusts, powers and provisions as are by such settlement, will
or codicil expressed concerning the same:
Provided that if
in any such case a person or class of persons or a society, institution,
charity or fund standing in any relation to any dissolved association is an
object named in the provision, the object of such provision shall be a person
or a class of persons or a society, institution, charity or fund standing in a
similar relation to the United Reformed Church generally.
(2) In any case to which the preceding
subsection applies the receipt for a gift or bequest of a treasurer appointed
by the General Assembly, of the clerk or of the treasurer or secretary of the
corresponding association referred to in that subsection shall be an effectual
discharge to the trustees or personal representatives concerned and shall
exonerate them from being concerned to see to the destination or application of
the gift or bequest and from being answerable for the misapplication or
non-application thereof.
(3) In any case where a provision which
is referred to in subsection (1) of this section is a provision wholly or
partly for the benefit or use of a non-uniting church, or a non-uniting
congregation, or any members or class of members thereof, the said subsection
shall have effect so that on and after the date of formation the provision
shall be to the same extent as before a provision for the benefit or use of the
same non-uniting church, non-uniting congregation, or members or class of
members thereof, and the property affected by that provision shall be dealt
with accordingly under the preceding provisions of this Act.
Power to make
grants, etc., to the United Reformed Church
17. The power
of any person under any enactment or document to make grants to or to lend
property to or to provide benefits for any association dissolved by section 5
(Dissolution of unincorporated bodies) of this Act, or to or for any minister,
officer, members or class of members of such an association, or to or for any
child, widow or other dependant of such a minister,
officer or member shall on and from the date of formation be exercisable in favour of (as the case may be) an association, minister,
officer, members or class of members of the United Reformed Church or the
children, widows or other dependants of such a
minister, officer or member.
Powers vested in
dissolved associations
18.-(1) Where immediately before the date of
formation any power with respect to any trust or any power of nomination is or
is to be vested in any association dissolved by section 5 (Dissolution of
unincorporated bodies) of this Act or in any minister or officer of either the
congregational denomination or the Presbyterian Church, in either case in the
capacity of such minister or officer, then on and from that date any such power
shall (in the case of a power previously vested or to be vested in an
association) vest in such person or body of persons as the General Assembly
shall from time to time appoint and (in the case of a power previously vested
or to be vested in a minister or officer) in the holder of the corresponding
ministry or office of the United Reformed Church:
Provided that
this section shall not apply where the minister or officer concerned is a
minister or officer of a non-uniting church or non-uniting congregation or of
an unincorporated association to which the said section 5 does not apply or
where the trust relates exclusively to a non-uniting church, a non-uniting
congregation or the members or any class of members of such a church or
congregation.
(2) The General Assembly may delegate
the exercise of its powers under the foregoing subsection to any person or body
of persons.
19. *
* * * * * *
Preservation of
existing trusteeships
20.-(1) Subject to the express provisions
hereof, nothing in this Act shall operate to divest any trustee (including any
custodian trustee) of any property vested in him immediately before the date of
formation.
(2) Where in any document it is
provided that the trustees of any trust shall be members of a body to which
section 5 (Dissolution of unincorporated bodies) of this Act applies such
document shall on and after the date of formation be read and have effect as if
the reference to membership of that body included a reference to membership of
the United Reformed Church.
(3) * * * * *
Covenants restricting use of land
21. On and from
the date of formation any words referring to or describing whether expressly or
by implication the Presbyterian Church or the congregational denomination,
being words which immediately before that day were contained in any restriction
as to the user of land or the building thereon, shall be read, construed and
have effect as including a reference to or description of the United Reformed
Church and (where the words referred to or described the Presbyterian Church)
any non-uniting congregation.
22. * * * * * *
*
Application of
Places of Worship Registration Act 1855 and Marriage Act 1949
23.-(1) * * * * *
(2) Every building * * * which has been
registered for the solemnisation of marriage therein
under [Articles 38 and 39 of the Loi (1842) sur l’Etat
Civil as amended] and of which the registration has
not before the date of formation been cancelled shall on and from that date be
deemed for the purpose of [the said Law] to have been registered on behalf of a
congregation of the United Reformed Church for the solemnisation
of marriages therein.
(3) * * * * *
(4) The clerk shall as soon as may be
after the date of formation transmit to [l’Enregistreur
Surintendent] a list of all the buildings * * * to
which subsection (2) of this section applies.
Sharing of church
buildings
24.-(1) [On and from the date of the extension
of this Act to Jersey the Sharing of Church
Buildings (Jersey) Law 1973
shall have effect as if the United Reformed Church were named in the Schedule
to that Law] in substitution for the Presbyterian Church of England and as if the
appropriate authority named in relation thereto were the Synod of the province
of the United Reformed Church in which the church building or buildings is or
are or will be situated.
(2) Nothing in this Act shall affect
the validity of anything done before the date of formation under or in
pursuance of [the said Law], but anything done thereunder by or for a uniting
church or the Presbyterian Church shall as from that date have effect as if
done by the United Reformed Church and as if the appropriate authority were a
Provincial Synod of the United Reformed Church.
Actions, etc., by
or against the United Reformed Church
25.-(1) All actions, arbitrations and
proceedings by or against the United Reformed Church shall be commenced,
raised, carried on or defended for and on behalf of the United Reformed Church
in the names of the Moderator and clerk, and the death, resignation, removal or
incapacity of the Moderator or clerk shall not abate or prejudicially affect
any action, arbitration or other proceeding conducted in accordance with the
provisions of this section.
(2) Any affidavit, statutory or other
declaration or any answer or other similar document required from or by the
United Reformed Church may be made and verified by the Moderator or the clerk
for and on behalf of the United Reformed Church.
Pending
representative actions, etc.
26.-(1) Any action, arbitration or proceeding
which shall on the date of formation be pending by or against representatives
of any association dissolved by section 5 (Dissolution of unincorporated
bodies) of this Act shall not abate or be discontinued or be in any way
prejudicially affected by reason of the provisions of this Act or of anything
empowered to be done thereunder, but the same may be prosecuted and continued
as if this Act had not been passed.
(2) Any cause of action, arbitration or
proceeding which shall on the date of formation be existing against or in favour of persons representative of any association
dissolved by the said section 5 shall not be prejudicially affected by reason
of the provisions of this Act or of anything empowered to be done thereunder,
but the same may be enforced against or by such representative persons as shall
be nominated for the purpose by the Moderator as and when it might have been
enforced if this Act had not been [extended to Jersey].
Indemnities
27.-(1) Nothing in this Act and nothing
empowered to be done thereunder shall deprive any person of any right of
indemnity to which he was entitled immediately before the date of formation
whether as party to any action, arbitration or proceeding, as trustee or in any
other capacity whatsoever.
(2) The Moderator and clerk in respect
of any action which shall have been commenced, raised, carried on or defended
in their names for and on behalf of the United Reformed Church and every person
nominated by the Moderator under subsection (2) of section 26 (Pending
representative actions, etc.) of this Act shall be reimbursed and fully
indemnified out of the funds of the United Reformed Church or the funds of the
association of the United Reformed Church corresponding to the association
dissolved by section 5 (Dissolution of unincorporated bodies) of this Act (as
the case may be) for all loss, damages, costs and expenses which he may sustain
or be put to by reason or in consequence of such action or of the action to
which the nomination related (as the case may be).
Admission of
non-uniting churches and congregations
28.-(1) A non-uniting church or non-uniting
congregation may if so authorised by not less than
three-fourths of those present and voting at a meeting of the members thereof
specially convened for the purpose apply to join the United Reformed Church and
shall be admitted thereto if the General Assembly so resolves by not less than
three-fourths of the members thereof present and voting.
(2) Any admission under the preceding
subsection shall occur on such day as the Moderator shall appoint.
(3) On and from any day of admission
appointed under the preceding subsection the provisions of this Act shall apply
as if the day of admission was the date of formation and as if the church or
congregation were a uniting church or a uniting congregation.
(4) * * * * *
Arbitration
29. Any
question arising under this Act as to what corresponds to any association,
charity, class of members, committee, court, institution, members, minister,
ministry, office, officer, purpose, society, uniting church, or uniting
congregation shall be determined by a single arbitrator appointed by the
President of The [Jersey] Law Society and the award of such an arbitrator shall
be final and conclusive for all purposes:
Provided that
neither the President nor The [Jersey] Law
Society shall be under any liability with regard to the payment of the
arbitrator’s fees and the costs of the arbitration.
Saving for
charges, etc
30. Nothing in
this Act and nothing done in the exercise of powers thereby conferred shall
relieve any property or any person from any liability or responsibility to
which they would otherwise be subject in respect of any mortgage, charge,
incumbrance, lien, bond or obligation.
Saving of powers
in regard to charities
31. Nothing in
this Act shall affect any power of Her Majesty, the court, * * * or any other
person to alter the trusts of any charity [nor shall be taken as being in
derogation of the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations,
as amended].
32. * * * * * *
*
33. * * * * * *
*
34. * * * * * *
*
SCHEDULES
SCHEDULE 1
* * * * * * *
SCHEDULE 2
* * * * * * *
UNITED REFORMED
CHURCH ACT 1981
1981 CHAPTER 24
|
ARRANGEMENT
OF SECTIONS
|
|
Section
|
|
1.
|
Short title.
|
|
2.
|
Interpretation.
|
|
3.
|
* * * * * * *
|
|
4.
|
* * * * * * *
|
|
5.
|
* * * * * * *
|
|
6.
|
* * * * * * *
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|
7.
|
* * * * * * *
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8.
|
* * * * * * *
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9.
|
* * * * * * *
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|
10.
|
* * * * * * *
|
|
11.
|
* * * * * * *
|
|
12.
|
* * * * * * *
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13.
|
* * * * * * *
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14.
|
* * * * * * *
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|
15.
|
* * * * * * *
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16.
|
* * * * * * *
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17.
|
* * * * * * *
|
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18.
|
* * * * * * *
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19.
|
* * * * * * *
|
|
20.
|
* * * * * * *
|
|
21.
|
Seceding churches.
|
|
22.
|
* * * * * * *
|
|
23.
|
* * * * * * *
|
|
24.
|
Arbitration.
|
|
25.
|
* * * * * * *
|
|
26.
|
* * * * * * *
|
|
27.
|
* * * * * * *
|
|
28.
|
Saving for charges, etc.
|
|
29.
|
Saving of powers in regard to charities.
|
|
30.
|
* * * * * * *
|
|
31.
|
* * * * * * *
|
|
32.
|
* * * * * * *
|
|
SCHEDULES:
|
|
Schedule 1 –
|
* * * * *
|
|
Schedule 2 –
|
* * * * *
|
|
Schedule 3 –
|
* * * * *
|
|
|
|
ELIZABETH II
1981 CHAPTER 24
AN
ACT to make
provision as to property held on behalf of the Re-formed Association of
Churches of Christ in Great Britain and Ireland and its member churches, and
for other purposes incidental to or consequential upon the unification of the
Re-formed Association of Churches of Christ in Great Britain and Ireland with
the United Reformed Church in England and Wales; and to amend in certain
respects the United Reformed Church
Act 1972, the Baptist and Congregational Trusts Act 1951 and other enactments.
[27th July 1981]
WHEREAS
–
(1) The
United Reformed Church in England and Wales (hereinafter called “the
United Reformed Church”) was formed by a Uniting Declaration passed on
5th October 1972 in pursuance of the Scheme of Union approved by the Assembly
of the then Congregational Church in England and Wales on 11th May 1971 and by
the General Assembly of the then Presbyterian Church of England on the same
day:
(2) The
Re-formed Association of Churches of Christ in Great Britain and Ireland
(hereinafter called “the Association”) consists of local autonomous
member churches who share the general convictions and aims of the Association:
(3) Since
1972 representatives of the United Reformed Church and of Churches of Christ
have held discussions which have culminated in the Proposals for Unification
(hereinafter called “the Proposals”) which were approved by the
General Assembly of the United Reformed Church on 9th May 1980, and by the
Annual Conference of the Association on 26th July 1980:
(4) The
Proposals provide for the unification of the Association with the United
Reformed Church:
(5) All
the member churches of the Association have accepted the Proposals by
resolutions passed on or before 19th July 1980:
(6) Such
unification must involve the variation of trusts of property held for or for
the purpose of (amongst other bodies) the Association and local member Churches
of Christ:
(7) It is
expedient that the variation of trusts for which provision is made in this Act
should be made if such unification takes place:
(8) It is
expedient that certain provisions of the United Reformed Church Act 1972 should be amended as in this Act
provided:
(9) It is
expedient that provision should be made with respect to the property of
seceding churches:
(10) It is expedient
that powers should be conferred on the unincorporated association of churches
and persons known as the Congregational Federation with respect to the
amendment of certain trusts:
(11) It is expedient
that provision should be made for the assets of URC (C) Trust Limited to be
transferred to URC (P) Trust Limited and that a change of name be authorised:
(12) It is further
expedient that the other provisions of this Act (being provisions incidental to
and consequential upon such unification) should be enacted:
(13) The purposes of
this Act cannot be effected without the authority of Parliament:
May it therefore
please Your Majesty that it may be enacted, and be it enacted, by the
Queen’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 –
Short title
1. This
Act may be cited as the United Reformed Church
Act 1981.
Interpretation
2. In
this Act, unless the subject or context otherwise requires –
“Act of
1951” means the Baptist and
Congregational Trusts Act 1951;
“Act of
1972” means the United Reformed Church
Act 1972 [as
extended to Jersey by the United Reformed Church
Acts 1972 and
1981 (Jersey) Order 1998];
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
“General
Assembly” means the General Assembly of the United Reformed Church;
“land”
includes any estate, interest or right in, over or under land and heritable
property;
“local
church” means a local church of the United Reformed Church;
* * * * *
“property”
means property of every description wheresoever situate and includes property
held on trust and securities, rights and powers of every description;
* * * * *
* * * * *
* * * * *
“United
Reformed Church” means the church or denomination as defined in section 2
(Interpretation) of the Act of 1972;
* * * * *
3. *
* * * * * *
4. *
* * * * * *
5. *
* * * * * *
6. *
* * * * * *
7. *
* * * * * *
8. *
* * * * * *
9. *
* * * * * *
10. * * * * * *
*
11. * * * * * *
*
12. * * * * * *
*
13. * * * * * *
*
14. * * * * * *
*
15. * * * * * *
*
16. * * * * * *
*
17. * * * * * *
*
18. * * * * * *
*
19. * * * * * *
*
20. * * * * * *
*
Seceding churches
21.-(1) In any case where the General Assembly
passes, or before the [date of extension of this section to Jersey]
has passed, a resolution permitting –
(a) a local church which immediately
prior to the date of [the extension of the Act of 1972 to Jersey]
was a uniting church as defined in the said Act; or
(b) a local church which after the date
of [the extension of the Act of 1972 to Jersey]
was admitted to the United Reformed Church in pursuance of section 28 of the
said Act; or
(c) * * * * *
(d) * * * * *
(e) a church being a daughter church or
a former mission station of any such local church as is referred to in
paragraph (a) above;
to secede from
the United Reformed Church, then, subject to the provisions of this section, as
from the date of such resolution, or the date of the [extension of this section
to Jersey], whichever is the later –
(i) the
property of any such church as is referred to in paragraph (a) above shall
be held upon the same trusts and for the same purposes as it was held
immediately before [the date of the extension of the Act of 1972 to Jersey];
(ii) the property of any such church as
is referred to in paragraph (b) above shall be held upon the same trusts
and for the same purposes as it was held immediately before the date of its
admission in pursuance of section 28 of the Act of 1972;
(iii) * * * * *
(iv) * * * * *
(v) the property of any such church as
is referred to in paragraph (e) above shall be held for the benefit of
such church upon the Congregational Model Trusts (General) or the
Congregational Model Manse Trusts, as the case may be, as defined in the Act of
1951:
Provided that in
any such case for references in such trusts to bodies dissolved by section 5 of
the Act of 1972 there were substituted references to the trustees for the time
being of such daughter church or former mission station.
(2) In any case where the General
Assembly passes, or before the [date of extension of this section to Jersey]
has passed, a resolution permitting a local church which immediately prior to
the [date of extension of the Act of 1972 to Jersey] was a uniting congregation
as defined in the Act of 1972 to secede from the United Reformed Church, the
provisions of section 5(2) * * * of the said Act shall apply to the church and
its property as though the church were a non-uniting congregation within the
meaning of that Act and as if for references therein to the Session with the
concurrence of a meeting there were references to a meeting of the
congregation.
(3) * * * * *
(4) For the purposes of this section
“property” means in relation to any such church as is referred to
in subsection (1) of this section, property held in trust for or for the
purposes of or in connection with any such church.
22. * * * * * *
*
23. * * * * * *
*
Arbitration
24. Any
question arising under this Act as to what corresponds to any association,
charity, class of members, committee, court, institution, members, minister,
ministry, office, officer, purpose, [or society], shall be determined by a
single arbitrator appointed by the President of The [Jersey] Law Society and
the award of such an arbitrator shall be final and conclusive for all purposes:
Provided that
neither the President nor The [Jersey] Law
Society shall be under any liability with regard to the payment of the
arbitrator’s fee and the costs of the arbitration.
25. * * * * * *
*
26. * * * * * *
*
27. * * * * * *
*
Saving for
charges, etc
28. Nothing in
this Act and nothing done in the exercise of powers thereby conferred shall
relieve any property or any person from any liability or responsibility to
which they would otherwise be subject in respect of any mortgage, charge,
incumbrance, lien, bond or obligation.
Saving of powers in regard to charities
29. Nothing in
this Act shall affect any power of Her Majesty, the court, * * * or any other
person to alter the trusts of any charity [nor shall be taken as being
derogation of the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations,
as amended].
30. * * * * * *
*
31. * * * * * *
*
32. * * * * * *
*
SCHEDULES
SCHEDULE 1
* * * * * * *
SCHEDULE 2
* * * * * * *
SCHEDULE 3
* * * * * * *