1 Short title

This Act may be cited as the United Reformed Church Act 2000.

2 Interpretation

In this Act, unless the subject or context otherwise requires—

• “Act of 1972” means the [1972 c. xviii.] United Reformed Church Act 1972;

• “Act of 1981” means the [1981 c. xxiv.] United Reformed Church Act 1981;

• “Assembly Moderator” means the Moderator of the General Assembly;

• “clerk” means the clerk of the General Assembly;

• “college” means the Scottish Congregational College, formerly known as the Theological Hall of the Scottish Congregational Churches in Scotland;

• “company” means The Congregational Union of Scotland Nominees Limited;

• “concurring church” means any one of the member churches of the Union which shall have passed a resolution to concur;

• “date of unification” means the date on which is passed the Unifying Declaration;

• “dissolved association” means an association dissolved by section 5 (Dissolution of unincorporated associations) of this Act;

• “General Assembly” means the General Assembly of the United Reformed Church;

• “judicial rate” means the rate of interest from time to time prescribed by the Court of Session as being payable under a decree;

• “local church” means a local church of the United Reformed Church;

• “non-concurring church” means any one of the member churches of the Union which shall not have passed a resolution to concur;

• “property” means property of every description wheresoever situate and includes property held on trust and securities, rights and powers of every description;

• “Proposals for Unification” means the Proposals for Unification approved by resolution of the General Assembly on 12th July 1998 and by resolution of the Annual Assembly of the Union passed on 4th September 1998 or, if those Proposals are amended on or before the date of unification, those Proposals as so amended;

• “recognised body” has the meaning given by section 1(7) of the [1990 c. 40.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;

• “resolution to concur” means a resolution of a member church of the Union under and in accordance with the Proposals for Unification;

• “Structure of the United Reformed Church” means the Structure of the United Reformed Church as contained in the Proposals for Unification as that Structure may from time to time be varied;

• “Synod Moderator” means the Moderator of the Synod of Scotland;

• “Synod of Scotland” means the National Synod for Scotland to be established in accordance with the Proposals for Unification;

• “trust deed” means any deed, instrument or other writing constituting a trust or in terms of which any property is or may be held in trust and shall include any settlement, trust deed, deed of covenant, trust disposition and settlement, will or codicil, any lease, disposition or other deed or conveyance relating to land or any private or local Act of Parliament, Royal Charter or resolution of any corporation or ecclesiastical body and any court decree or interlocutor;

• “Unifying Assembly” means the General Assembly and the Annual Assembly of the Union meeting together in accordance with the Proposals for Unification;

• “Unifying Declaration” means the declaration which under the Proposals for Unification effects the unification of the Union with the United Reformed Church;

• “Union” means the Congregational Union of Scotland comprising the Evangelical Union and the Congregational Union as existing in 1896; and

• “United Reformed Church” means the church or denomination as defined in section 2 (Interpretation) of the Act of 1972 (and which from the date of unification is to be known and described as the United Reformed Church).

3 Validity and evidence of Unifying Declaration

(1) The declaration by the person presiding over the Unifying Assembly at that Assembly that the Unifying Declaration has been passed in accordance with the Proposals for Unification 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 Proposals for Unification and the date, validity and effectiveness of the Unifying Declaration shall not thereafter be questioned on any ground in any court or proceeding whatsoever.

The person presiding over the Unifying Assembly forthwith after the passage of the Unifying Declaration shall certify his declaration of that event and the date thereof and shall send the certificate together with a copy of the Proposals for Unification to the Keeper of the Registers of Scotland for registration in the Books of Council and Session.

(b) A copy of the certificate referred to in the preceding paragraph or of the Proposals for Unification authenticated either by the Assembly 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 Proposals for Unification; and a document purporting to be such a copy shall be received without proof of the position or handwriting of the person authenticating it.

4 Validity and evidence of resolutions to concur

(1) The declaration by the person presiding at a meeting of a member church of the Union that a resolution to concur 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 proceedings whatsoever.

(2) Forthwith after the passing of this Act the General Secretary of the Union shall send all certificates of resolutions to concur received by him in accordance with the Proposals for Unification to the Keeper of the Registers of Scotland for registration in the Books of Council and Session.

5 Dissolution of unincorporated associations

(1) On the date of unification 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) Subject to the provisions of section 21 (Ecumenical churches) of this Act, this section applies to—

(a) the Union;

(b) the Annual Assembly of the Union;

(c) each concurring church; and

(d) every committee, council or other unincorporated association of, or exclusively subsidiary or ancillary to, any of the associations referred to in paragraphs (a) to (c) of this subsection.

6 Heritable property held in trust for concurring churches

Subject to the provisions of section 20 (Union churches participating with other denominations in united churches) and section 21 (Ecumenical churches) of this Act, all heritable property which immediately before the date of unification is held in trust for, or for the purposes of, or in connection with, a concurring church, shall on and from that date, and in accordance with the following provisions of this section, be held in trust for or (as the case may be) for equivalent purposes of, or in connection with, the local church corresponding to the concurring church in question.

(b) A certificate given by the Synod Moderator that any local church is the church corresponding to any concurring church shall be conclusive evidence of such correspondence for all purposes.

The trust deed relating to any heritable property to which subsection (1) of this section applies being either heritable property held in trust for use as a church, chapel, church hall, mission hall, preaching station, Sunday school or other place of religious worship, or heritable property held in trust for use as a manse or place of residence of a minister, lay worker or caretaker, shall on and from the date of unification have effect as if the provisions contained either in Part I or (as the case may be) in Part II of Schedule 1 to this Act were substituted for the operative provisions previously contained in such deed, and the references in either Part of the said Schedule to “the trustees” and “the premises” shall be construed (notwithstanding any definition in the deed) as references to the trustee or trustees for the time being of the deed and to the heritable property and, where appropriate, the buildings to which the deed relates and references to “the local church” shall be construed as references to the local church corresponding to the concurring church to which the deed relates.

(b) In any case where under paragraph (a) of this subsection the provisions of both Part I and Part II of Schedule 1 to this Act would or might (but for this paragraph) be substituted as therein provided the provisions of Part I only of that Schedule shall be so substituted.

(c) In any case where the property subject to any trust referred to in paragraph (a) of this subsection comprises in addition to heritable property any capital money, investments or other property, paragraph (a) of this subsection shall apply to all the property so comprised.

(d) Every agreement with a minister of a concurring church or with a lay worker for, or caretaker engaged by, a concurring church which is in force at the date of unification and which relates to the occupation of a manse or place of residence of a minister, lay worker or caretaker shall on and from that date have effect as if references therein (whether express or implied) to that church and to the provisions of any trust deed were references to the corresponding local church and the provisions of that deed as affected by the preceding provisions of this subsection.

(3) The trust deed of any heritable property to which subsection (1) of this section applies, not being a trust deed to which subsection (2) of this section applies, shall on and from the date of unification have effect as if words referring to a local church were substituted for any words therein referring to or describing a concurring church.

(4) The provisions of subsection (1) of this section shall not have the effect of bringing into operation any destination-over or any rights of pre-emption, redemption, reduction, resumption, irritancy, forfeiture or any other rights to enforce conditions contained in such a trust deed vested in any person or persons.

(5) The foregoing provisions of this section shall operate in relation to any arrangement or scheme legally established and affecting heritable property to which subsection (1) of this section applies as if the arrangement or scheme were a trust deed and as if paragraph 8 in both Parts of Schedule 1 to this Act were omitted.

7 Other property held in trust for concurring churches

(1) Subject to the provisions of section 20 (Union churches participating with other denominations in united churches) and section 21 (Ecumenical churches) of this Act, all property (other than property to which the preceding section of this Act applies) which immediately before the date of unification is held in trust for, or for the purposes of, or in connection with—

(a) a concurring church;

(b) the minister or ministers of a concurring church; or

(c) the members of or any class of members of a concurring church;

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, the minister or ministers of the local church, or the members or class of members of the local church corresponding to the concurring church for which, or for the purposes of, or in connection with 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 unification.

(2) The provisions of subsection (1) of this section shall not have the effect of bringing into operation any destination-over or any rights of pre-emption, redemption, reduction, resumption, irritancy, forfeiture or any other rights to enforce conditions contained in such a trust deed vested in any person or persons.

(3) A certificate given by the Synod Moderator that any local church is the church corresponding to any concurring church shall be conclusive evidence of such correspondence for all purposes.

8 Property held in trust for Union

(1) On and from the date of unification and until distribution has been made in accordance with the provisions of subsection (9) or subsection (10) of section 9 (Allocation of property to which section 8 applies) of this Act, 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 unification 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 unification.

(2) If immediately before the date of unification any property to which this section applies was (in whomsoever vested) subject to the management of any dissolved association then, until distribution has been made in accordance with the provisions of subsection (9) or subsection (10) of section 9 (Allocation of property to which section 8 applies) of this Act, the management of that property shall be exercised—

(a) where the management was previously exercised by a concurring church, by the local church corresponding to that concurring church; and

(b) in any other case, by such persons as the Synod of Scotland shall appoint but the Synod of Scotland may delegate the exercise of its powers under this paragraph to any person or body of persons.

(3) This section applies to all property which immediately before the date of unification is held for or on behalf of, or in trust for, or for the purposes of, or in connection with, the Union (and in particular shall include all property held by the company) other than—

(a) property to which section 6 (Heritable property held in trust for concurring churches) or section 7 (Other property held in trust for concurring churches) of this Act applies;

(b) property comprising the Scottish Congregational Ministers' Central Pension Scheme, The Scottish Congregational Ministers' Money Purchase Pension Scheme and The Scottish Congregational Ministers Money Purchase Pension Fund Trust;

(c) property held for or on behalf of, or in trust for, or for the purposes of, or in connection with a non-concurring church;

(d) property to which section 23 (Property of a church which has left the Union) of this Act applies; and

(e) property to which section 24 (Property held in trust for Scottish Congregational College) of this Act applies.

9 Allocation of property to which section 8 applies

(1) In this section the expression “property of the Union” shall mean, unless the subject or context otherwise requires, the property to which section 8 (Property held in trust for Union) applies.

The General Secretary of the Union to the extent possible before the date of unification and thereafter the Synod Moderator shall cause to be ascertained the value at the date of unification of the property of the Union (such value in this section being referred to as “the gross ascertained value”).

(b)(i) In the case of heritable property and moveables the value to be ascertained shall be the price which such property might reasonably be expected to fetch if sold in the open market by a willing seller at the date of unification.

(ii) In the case of securities quoted on the Stock Exchange the value to be ascertained shall be the price one-quarter up from the lower to the higher of the range of prices for each such security quoted in the Stock Exchange Daily Official List for the date of unification or, if no quotations are issued for that day, then for the business day next following the date of unification.

(3) There shall be deducted from the gross ascertained value such sum as the auditors to the Union shall certify as representing all liabilities of the Union incurred or due in respect of the period prior to the date of unification and unpaid at that date, calculated in accordance with the accounting policies of the Union and generally accepted accounting principles (the resultant net value being referred to in this section as “the net ascertained value”).

(4) Forthwith upon the ascertainment of the net ascertained value the Synod Moderator shall cause a schedule of distribution (in this section referred to as “the schedule of distribution”) to be prepared.

(5) The schedule of distribution shall—

(a) list the assets comprising the property of the Union and the values of such assets at the date of unification;

(b) show the liabilities of the Union as certified by the auditors to the Union in accordance with subsection (3) of this section; and

(c) allocate—

(i) to each non-concurring church a sum equal to such proportion of the net ascertained value as the membership of such non-concurring church (as recorded in the last year book of the Union to be published before the date of unification) bears to the membership (as so recorded) of all concurring and non-concurring churches; and

(ii) to the Synod of Scotland the balance of the net ascertained value remaining after such allocation to the non-concurring churches.

(6) Forthwith upon completion of the schedule of distribution the Synod Moderator shall cause a copy of it to be sent by prepaid post to the Secretary (as last notified to the Union) of each non-concurring church at the address of such secretary (as so notified).

(7) Any non-concurring church may by resolution, passed by a majority of those present and (being entitled to vote) voting at a meeting called for that purpose and notified in writing to the Synod Moderator within one month after the posting to the secretary of such church of the copy of the schedule of distribution, request that the valuation of any heritable property forming part of the property of the Union as shown therein be referred to arbitration.

(8) If requests made in accordance with the provisions of subsection (7) of this section in respect of the same heritable property are received by the Synod Moderator from more than one half in number of non-concurring churches, the Synod Moderator shall refer the valuation of that property to a single arbiter appointed by the President of the Law Society of Scotland and the decision of such arbiter shall be final.

(9) If during the period of one month from the date of posting of the last copy of the schedule of distribution to be sent to a non-concurring church requests for reference to arbitration made in accordance with the provisions of subsection (7) of this section have not been received in respect of the same heritable property from more than one half in number of the non-concurring churches, the Synod Moderator shall cause distribution to be made in accordance with the schedule of distribution (and for such purpose all trustees in whom property of the Union is vested shall act in accordance with the instructions given by the Synod Moderator).

(10) If a reference to arbitration shall be made in accordance with subsection (8) of this section the Synod Moderator shall cause distribution to be made in accordance with the schedule of distribution revised only in accordance with the arbiter’s determination (and for such purpose all trustees in whom property of the Union is vested shall act in accordance with the instructions given by the Synod Moderator forthwith upon receipt of the arbiter’s determination).

(11) Any sum payable to a non-concurring church in pursuance of the provisions of this section shall if not so paid within three months after the date of unification carry interest at the judicial rate from the day of the date three months after the date of unification until the date of payment.

(12) The Synod Moderator may for the purpose of giving effect to the schedule of distribution at his discretion cause a sale to be made of any part of the property of the Union and for such purpose the trustees in whom any part of the property of the Union is vested shall act in accordance with instructions given by the Synod Moderator.

(13) Following completion of the distribution in accordance with the schedule of distribution to the non-concurring churches any trustees (other than the company) in whom any part of the property of the Union may be vested shall if required by resolution of the Synod of Scotland transfer such property to the company and all the property of the Union then remaining shall be held by the company (or by the trustees in whom it may for the time being be vested) upon such trusts for such charitable purposes of, or in connection with, the Synod of Scotland and subject to such powers and provisions (including powers and provisions for management and administration thereof) as the Synod of Scotland may determine and declare by deed signed by the Synod Moderator or other officer of the Synod authorised for this purpose by resolution of the Synod of Scotland.

(14) Any sum paid to a non-concurring church under this section shall be held by it as an accretion to funds held for its general purposes.

10 Gifts which are to take effect as gifts to United Reformed Church

(1) Subject to the provisions of section 21 (Ecumenical churches) of this Act, any provision contained in any settlement, trust deed, deed of covenant, agreement, trust disposition and settlement, will or codicil or any scheme of division of property coming into operation on or after the date of unification and being a provision in favour of, or directed to be administered by, any dissolved association, shall, subject to the provisos hereinafter contained, 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, trust deed, deed of covenant, agreement, trust disposition and settlement, will or codicil expressed concerning the same:

Provided that so long as there shall be a separately identifiable Synod of Scotland within the Structure of the United Reformed Church any such provision in favour of the Union or the Annual Assembly of the Union or in favour of any committee, council or other unincorporated association of, or exclusively subsidiary or ancillary to either the Union or the Annual Assembly of the Union shall have effect as a provision in favour of, or to be administered by, the Synod of Scotland or such body or association as shall be nominated by the Synod of Scotland but upon, with and subject to such trusts, powers and provisions as are by such settlement, trust deed, deed of covenant, agreement, trust disposition and settlement, will or codicil expressed concerning the same:

Provided further that if in the case of any provision under this subsection a person or class of persons or a society, institution, recognised body, 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, recognised body, 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 the treasurer of the Synod of Scotland or of the clerk of or the treasurer or secretary of the body or 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.

11 Power to make grants, etc., to United Reformed Church

Subject to the provisions of section 21 (Ecumenical churches) of this Act, 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 dissolved association, or to or for any minister, officer, members or class of members of such an association, or to or for any child, widow, widower or other dependant of such a minister, officer or member shall on and from the date of unification 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, widow, widower or other dependants of such a minister, officer or member.

12 Powers vested in dissolved associations

(1) Subject to the provisions of section 21 (Ecumenical churches) of this Act, where immediately before the date of unification any power with respect to any trust or any power of nomination is or is to be vested in any dissolved association, or in any minister or officer of a dissolved association, 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 Synod of Scotland 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 trust relates exclusively to a church other than a concurring church which immediately prior to the dissolution of the Union was a member church thereof or to the members or any class of members of such a church.

(2) The Synod of Scotland may delegate the exercise of its powers under the foregoing subsection to any person or body of persons.

13 Preservation of existing trusteeships

(1) Subject to the provisions of this Act, 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 unification.

(2) Where in any document it is provided that the trustees of any trust shall be members of a dissolved association such document shall on and after the date of unification be read and have effect as if the reference to membership of that association included a reference to membership of the United Reformed Church.

14 Real conditions restricting use of heritable property

On and from the date of unification any words referring to or describing whether expressly or by implication the Union or a concurring church being words which immediately before that day were contained in any restriction as to the use of heritable property shall be read, construed and have effect as including a reference to or description of the United Reformed Church.

15 Completing title to property

For the purpose of completing a title, if thought fit, to any property transferred by virtue of this Act by notice of title or otherwise, or to deduce title, this Act shall be deemed to be, and may be used as, a general disposition, conveyance, or as the case may be, assignation of such property to the transferee.

16 Pending representative actions, etc

(1) Subject to the provisions of section 21 (Ecumenical churches) of this Act, any action, arbitration or proceeding which shall on the date of unification be pending by or against representatives of any dissolved association shall not abate or be discontinued or be in any way prejudically 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 unification be existing against or in favour of persons representative of any dissolved association shall not be prejudically 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 Assembly Moderator as and when it might have been enforced if this Act had not been passed.