Law

Church of Scotland (Property And Endowments) Act 1925

United Kingdom · statute

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In force since 2016-12-28, as the publisher states.

Copy read on 2026-11-09. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 61 provisions
  1. Title and introductory text
  2. 1 Stipend to be payable only in money.
  3. 2 Standard value of victual stipend.
  4. 3 ...
  5. 7 Vesting of standardised stipend.
  6. 8 Payment of standardised stipend.
  7. 9 Provisions as to Ann.
  8. 10 ...
  9. 11 Teind rolls.
  10. 12 Charge to be substituted for liability for stipend exceeding one pound.
  11. 13 Allocation of standard charge.
  12. 14 Provisions where stipend does not exceed one pound.
  13. 15 Extinction of liability for stipend not exceeding one shilling.
  14. 16 Valuation and surrender of teinds.
  15. 17 Deduction of stipend in question with titular.
  16. 18 Sale of surplus teinds. Scots Act 1693 c. 39. Scots Act 1633 c. 17.
  17. 19 ...
  18. 20 Constitution, powers and procedure of Scottish Ecclesiastical Commissioners.
  19. 21 Orders of Commissioners.
  20. 22 Burgh churches.
  21. 23 Parliamentary churches and manses.
  22. 24 Churches and manses of certain parishes erected under Act of 1844.
  23. 25 Mortifications and endowments in certain parishes quoad omnia.
  24. 26 Parish churches, manses, glebes and churchyards.
  25. 27 Proceedings relating to matters mentioned in section 3 of 31 & 32 Vict. c. 96.
  26. 28 Transfer of rights in parish churches and manses.
  27. 29 Rights with respect to sitting accommodation in parish churches.
  28. 30 Transfer of rights in glebes.
  29. 31 Redemption of feu duty affecting glebe.
  30. 32 Transfer of parish churchyards.
  31. 33 Preservation of monuments, &c., in churches and churchyards.
  32. 34 Provisions relating to quoad sacra parishes.
  33. 35 Provisions relating to the allocation and redemption of bonds of annual rent held for behoof of quoad sacra churches.
  34. 36 Requirements of parish to be first charge on endowments.
  35. 37 Powers of General Trustees.
  36. 38 Additional powers of General Trustees.
  37. 39 Allocation by General Trustees of certain moneys to be received from Treasury.
  38. 40 Redemption of manse maill, &c.
  39. 41 Provisions relating to Court of Teinds.
  40. 42 Application to Crown lands.
  41. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  42. 44 Provisions for preservation of heritors’ records.
  43. 45 Saving for obligations of relief.
  44. 46 Saving for superiors.
  45. 47 Interpretation.
  46. 48 Repeal.
  47. 49 Short title.
  48. FIRST SCHEDULE
  49. SECOND SCHEDULE
  50. THIRD SCHEDULE
  51. FOURTH SCHEDULE
  52. FIFTH SCHEDULE
  53. SIXTH SCHEDULE
  54. SEVENTH SCHEDULE
  55. EIGHTH SCHEDULE List of certain Parishes quoad omnia erected under the New Parishes (Scotland) Act, 1844
  56. NINTH SCHEDULE List of Burgh Churches
  57. TENTH SCHEDULE List of Parliamentary Churches and Manses
  58. ELEVENTH SCHEDULE Certificate of Sherriff under the Church of Scotland (Property and Endowments) Act 1925.
  59. Schedule
  60. TWELFTH SCHEDULE
  61. THIRTEENTH SCHEDULE Form of Memorandum of Allocation

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61 provisions

43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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44 Provisions for preservation of heritors’ records.

Whereas in consequence of the transfers of rights of property and the transfer or termination of obligations in connection therewith effected or to be effected by or under or in pursuance of this Act, the powers and duties of heritors (including the power and duty to impose and levy heritors’ assessments) will in due course be extinguished, it shall be the duty of the clerk to the heritors of any parish where such extinction has been effected to make intimation thereof in writing to the Secretary for Scotland, who may by order under his hand give such direction as he may think necessary or proper with respect to the preservation and permanent custody of the books of the heritors or any records or documents in their possession as heritors or in the possession of their clerk.

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45 Saving for obligations of relief.

Nothing in this Act shall prejudice or affect any obligation to relieve the heritor of any lands from liability in respect of any stipend or augmentation thereof exigible from the teinds of such lands, and any such obligation shall extend to relief from liability in respect of any standard charge over those lands or in respect of any payments under the section of this Act relating to provisions where stipend does not exceed one pound.

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46 Saving for superiors.

Nothing in this Act shall affect or be deemed to affect the rights of superiors of the sites of the churches mentioned in the Ninth Schedule to this Act, where the superiorities are not held by or on behalf of town councils, to payment of their feu duties from the parties in whom the dominium utile of the said sites is vested by this Act or otherwise, and to all other rights and privileges vested in such superiors prior to the passing of this Act.

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47 Interpretation.

(1) In this Act, unless the context otherwise requires— “The Church” means the Church of Scotland; “The General Assembly” means the General Assembly of the Church; “The General Trustees” means the Church of Scotland General Trustees incorporated by the Church of Scotland (General Trustees) Order 1921; “The Commissioners” means the Scottish Ecclesiastical Commissioners to be appointed under this Act; “Minister” means a minister of the Church; “Stipend” means the stipend of a minister, including any allowance for communion elements payable by heritors out of teinds; “Glebe” means the lands appropriated to a minister as his glebe, and shall be deemed to include grass glebe or minister’s grass, servitudes, right of pasturage, or other heritable rights belonging to the minister and forming part of the benefice, or any money payments in use to be made to the minister in respect of the said rights or any of them, and any land settled in perpetuity on the minister for the time being; “Court of Teinds” has the same meaning as in the United Parishes (Scotland) Act 1876; “Manse” and “Lord Ordinary” have the same meanings as in the Ecclesiastical Buildings and Glebes (Scotland) Act 1868. (2) For the purposes of this Act the surrendered teinds of any lands payable as stipend shall be deemed to be stipend exigible from the teinds of those lands. (3) The reference to “teinds” in section fifty-nine of the Improvement of Land Act 1864, shall be construed so as to include standard charges.

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48 Repeal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and so much of any Act as is inconsistent with this Act is also hereby repealed.

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49 Short title.

This Act may be cited as the Church of Scotland (Property and Endowments) Act 1925.

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THIRD SCHEDULE

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FOURTH SCHEDULE

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FIFTH SCHEDULE

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SIXTH SCHEDULE

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EIGHTH SCHEDULE List of certain Parishes quoad omnia erected under the New Parishes (Scotland) Act, 1844

Sections 21 and 24. Parish | Date of Erection —– | —– North Bute | 26th June 1844. Shettleston | 30th June 1847. Calton | 11th July 1849. Teviothead | 20th February 1850. Maryhill | 10th July 1850. Kirkhope | 25th June 1851. Springburn | 14th June 1854. Ardoch | 21st February 1855. Colonsay | 27th February 1861. Coll | 15th March 1865.

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NINTH SCHEDULE List of Burgh Churches

Sections 22 and 46. 1. East Kirk, Aberdeen. 2. Greyfriars, Aberdeen. Manse. 3. North Kirk, Aberdeen. 4. South Kirk, Aberdeen. 5. St. Clement’s, Aberdeen. Manse. 6. West Kirk, Aberdeen. Manse. 7. Greyfriars, Dumfries. 8. St. Clement’s, Dundee. 9. St. David’s, Dundee. Manse. 10. St. John’s, Dundee. 11. St. Paul’s, Dundee. Manse. 12. Canongate, Edinburgh. 13. Greenside, Edinburgh. Manse. 14. Greyfriars New, Edinburgh. 15. Greyfriars Old, Edinburgh. 16. High Kirk (St. Giles’), Edinburgh. 17. Lady Yester’s, Edinburgh. 18. New North (West St. Giles’), Edinburgh. Manse. 19. St. Andrew’s, Edinburgh. 20. St. George’s, Edinburgh. 21. St. John’s, Edinburgh. 22. St. Mary’s, Edinburgh. 23. St. Stephen’s, Edinburgh. Manse. 24. Trinity College, Edinburgh. 25. Tron, Edinburgh. 26. College or Blackfriars, Glasgow. Manse. 27. St. Andrew’s, Glasgow. 28. St. David’s or Ramshorn, Glasgow. Manse. 29. St. George’s, Glasgow. Manse. 30. St. James’, Glasgow. 31. St. John’s, Glasgow. 32. St. Paul’s, Glasgow. 33. Iron, Glasgow. 34. East Kirk, Greenock. 35. Middle Kirk, Greenock. Manse. 36. High Kirk, Kilmarnock. 37. High, Paisley. Manse. 38. Laigh, Paisley, Manse. 39. Middle, Paisley. Manse. 40. St. John’s, Perth. 41. St. Paul’s, Perth. 42. St. Mark’s, Perth. Manse. 43. Queensferry. 44. North, Stirling. 45. West, Stirling.

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TENTH SCHEDULE List of Parliamentary Churches and Manses

Section 23

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ELEVENTH SCHEDULE Certificate of Sherriff under the Church of Scotland (Property and Endowments) Act 1925.

Section 28. County of Parish of I, sheriff of as authorised by the Church of Scotland (Property and Endowments) Act 1925, hereby certify that all obligations incumbent on the heritors of the said parish, with respect to the subjects mentioned in the Schedule annexed hereto have been fulfilled. [Signature and date.]

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Schedule

Church or manse (Insert or refer to a description of the church, and the site thereof, or the manse (with pertinents, if any) and the site thereof, or both of the said subjects (as the case may be) to which the certificate relates).

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TWELFTH SCHEDULE

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THIRTEENTH SCHEDULE Form of Memorandum of Allocation

Section 35. The proportion of the annual sum of £ created by (particulars of deed) allocated upon all and whole (description of land) is hereby fixed at £ (and if an increase is payable, add) with £ of increase making a total of £ per annum. [To be signed by minister or trustees under deed of constitution or the General Trustees, as the case may be, or by an agent on behalf of the minister or trustees or General Trustees, respectively.]

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