[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/tca1884255.txt

[New search] [Help]

TRUSTEE CHURCHES (IRELAND) ACT 1884

TRUSTEE CHURCHES (IRELAND) ACT 1884 - LONG TITLE

An Act to amend the Irish Church Act, 1869; and for other
purposes.
[28th April 1884]
1869 c.42

WHEREAS by the Irish Church Act, 1869, section seventy, it is
enacted as follows: "Nothing in this Act contained shall affect the
patronage and right of presentation to any proprietary or district
parochial church or endowed chapel of ease which has been endowed
out of private funds, or affect the property in any such church or
chapel or the property held for the purposes of or appropriated to
the use of the same, or affect the continuance of the trust
relating thereto as originally constituted":

And Whereas divers churches and chapels of ease had been from time
to time, prior to the passing of the said Act, erected in Ireland
either in accordance with certain private trusts or under the
provisions of the several Church Building Acts for the time being
in force in that behalf, and certain parishes or parochial districts
had been assigned or annexed to certain of such churches, or were
at the time of the passing of the said Irish Church Act, 1869,
connected therewith:

And Whereas the bishops, clergy, and laity of the said Irish Church
assembled as in said Act mentioned are thereby authorised "to frame
constitutions and regulations for the general management and good
government of the said church and property and affairs thereof," and
they have in pursuance of such authority made divers provisions for
regulating the patronage and right of presentation to parishes and
ecclesiastical benefices, and for assigning or annexing parochial
districts to churches previously non-parochial, and for altering the
boundaries of parishes, and for the due management and control of
the property and affairs thereof:

And Whereas it is desirable that the trustees and patrons of such
churches and chapels as aforesaid should be authorised to adopt and
apply to such churches and chapels respectively, and the patronage
and property thereof, such of the aforesaid provisions and
regulations as may in their opinion be best adapted to carry out
the original intention of the trusts of such churches or chapels,
having regard to the altered circumstances of the said Irish Church,
notwithstanding that other provision may have been made for the like
purposes in the said Church Building Acts, or some of them, or in
the instruments governing the trusts relating to such churches or
chapels respectively; but doubts have arisen whether such provisions
and regulations, or any of them, can be made to apply to such
churches and chapels, or any of them, or the patronage or property
thereof, or to any of the districts which were at the time of the
passing of the said Irish Church Act, 1869, thereto respectively
assigned or annexed, or therewith respectively connected, and it is
expedient to remove such doubts:

TRUSTEE CHURCHES (IRELAND) ACT 1884 - SECT 1
Power for trustees to transfer church property to representative
church body.

1. It shall be lawful for the trustees or other governing body of
any such church or chapel as aforesaid, by instrument under their
hands to transfer to the representative church body of the said
church (with its consent) all or any part of the property vested
in them for the purposes of such church or chapel, and thereupon
the same shall vest in and be held by the said representative body
upon the trusts for the time being applicable thereto.

TRUSTEE CHURCHES (IRELAND) ACT 1884 - SECT 2
Power to vest trust property in representative church body, and to
vary trusts, by unanimous resolution.

2. It shall be lawful for any such trustees or other governing
body as aforesaid by any unanimous resolution to put an end to any
trust now or for the time being subsisting with respect to such
church or chapel, and to vest the same and any other property
subject to such trust in the said representative body, or any other
person or persons or body corporate and to define the future trusts
thereof, either by assimilating the same to the regulations affecting
other similar property in the same diocese or in any other manner
for the benefit of the said Irish Church which may be sanctioned
by the chief legislative authority for the time being of the said
church.

TRUSTEE CHURCHES (IRELAND) ACT 1884 - SECT 3
Resolutions invalid until accepted and recorded by legislative
authority of church.

3. No such resolution shall be valid until it shall have been
accepted and recorded in such manner as the said chief legislative
authority may direct; and no such resolution which affects or
purports to affect any right of patronage or presentation to any
such church or chapel shall be so accepted or recorded without the
consent in writing of the patron or patrons thereof.

TRUSTEE CHURCHES (IRELAND) ACT 1884 - SECT 4
Resolutions, when recorded, to have force of law.

4. Every such resolution when duly accepted and recorded shall be
applicable to the said church or chapel and the property and
affairs thereof, and shall be valid and binding to all intents and
purposes, anything in the said recited Acts of Parliament, or any
of them, or in the instrument forming the trusts relating to such
church or chapel or property, to the contrary notwithstanding.

TRUSTEE CHURCHES (IRELAND) ACT 1884 - SECT 5
Saving for power of revocation.

5. Nothing contained in this Act shall affect any power of
revocation attached to any trust to which this Act applies, or
prevent any person having such power, or having a right to take or
resume the possession of any property affected by such trust, from
exercising such power or right.

TRUSTEE CHURCHES (IRELAND) ACT 1884 - SECT 6
Short title.

6. This Act may be cited for all purposes as the Trustee Churches
(Ireland) Act, 1884.