Church of England Trust Property (Amendment) Act (No 2) 1923 (NSW)

CHURCH OF ENGLAND TRUST

PROPERTY (AMENDMENT)

ACT (No. 2).

Act No. 28, 1923.

An Act to amend the Church of England Trust Property Act, 1917, in certain respects; to validate the formation of existing dioceses, and to sanction the existing boundaries thereof; to provide for the formation of new dioceses, and for the alteration of boundaries of dioceses; to validate conveyances of trust property of the Church of England in certain cases ; to waive conditions of forfeiture in Crown grants of trust property of the Church of England ; and for purposes connected therewith. [As- sented to, 14th December, 1923.] BE

BE b y and wi th the advice and consent of: t h e Legis­

it enacted by the K i n g ' s Most Exce l l en t Majes ty ,

la t ive Counci l and Legis la t ive Assembly of N e w Sou th

W a l e s in Pa r l i amen t assembled, and by the a u t h o r i t y of

t h e same, as follows :—

1 . This A c t m a y be cited as t he " C h u r c h of E n g l a n d

T r u s t P r o p e r t y (Amendmen t ) Ac t (No. 2) , 1 9 2 3 . "

1. The Church of E n g l a n d Trus t P rope r ty Act , 1917,

is hereby amended by inser t ing after section for ty- three

thereof t h e following new sections :—

44. (1) Every diocese exis t ing at t he commence­

m e n t of t he C h u r c h of E n g l a n d Trus t P roper ty

( A m e n d m e n t ) Ac t , 1923 , shall be deemed to have been val idly formed as from the da te of i ts format ion.

(2) A n y a l tera t ion m a d e before t he com­

m e n c e m e n t of t h a t A c t in t h e boundar ies of any diocese shal l be deemed to have been val idly made

as from the da te of t he a l tera t ion .

45 . (1) A provincial synod convened or held in
pu r suance of the provisions of the C h u r c h of Eng land

Cons t i tu t ions A c t A m e n d i n g A c t of 1902, or a n y

A c t a m e n d i n g or t a k i n g t h e place of t he same, m a y

m a k e ordinances for a n d wi th respect to-—

(a) t he formation of new dioceses ; and

(b) t he a l t e ra t ion of boundar ies of dioceses. (2) A new diocese shal l no t be formed by

separa t ion of any area from a diocese unless t h e synod of t h e diocese consents by an ord inance to

t h e separat ion.

(3) A n e w diocese shall no t be formed by the un ion of two or more dioceses, or par t s of dioceses, un less t h e synod of each of those dioceses consents by an ord inance to t he un ion .

(4) The boundar ies of a diocese shall not be

a l te red unless t h e synod of t he diocese consents by

an ordinance to the a l tera t ion.

(5) I n t he case of t he Diocese of Sydney t h e consent shal l not be valid unless t he ord inance is passed wi th an absolute major i ty in each order.

4G. No title to any laud granted by the Crown for or for the use, benefit, or purposes of the United Church of England and Ireland or the Church of En eland shall be held bad either at law or in equity by reason of any breach or non-performance before or after the commencement of the Church of England Trust Property (Amendment) Act, 1923, of any condition, trust, or proviso contained in the Crown grant of the land, and any right of forfeiture or reverter in respect of any such condition, t rust , or proviso shall be deemed to have been waived by the Crown as from the date of the Crown grant.