Church of England Disestablishment Act

Link to law: http://laws.gov.ag/acts/chapters/cap-82.pdf
Published: 0000

Church of England Disestabli~iiment (CAP. 82 1

CHAPTER 82

THE CHURCH OF ENGLAND
DISESTABLISHMENT ACT

Arrangement of Sections
Section

1. Short title.
2. Disestablishment of Church of England.
3. Assemblies or Synods by the clergy and laity declared

lawful.
4. Tax may not be imposed by Synod, &c.
5. Ecclesiastical law, certain patents and articles, &c., of

Church of England in Antigua and Barbuda
binding on members.

6 . Sale moneys of Church property to be invested for
benefit of Parish for which the same was devised
for Church purposes.

7. Government to vest in Diocesan Synod all Church
property, excepting tanks, &c., of St. John's
Cathedral. Churches, &c., not to be sold or
exchanged.

LAWS OF ANTIGUA AND BARBUDA

Church of England Disestablishment (CAP. 82 3

CHURCH OF ENGLAND DISESTABLISHMENT

(8th November, 1873.)

1. This Act may be cited as the Church of England Short title.
Disestablishment Act

2. From and after the coming into operation of this Disestablishment
of Church of Act, the Church of England in Antigua and Barbuda shall ~ ~ ~ l ~ ~ d .

cease to be an established Church and saving the rights of
the existing rectors and the existing minister of All Saints,
no salary shall be provided or paid from the public revenue
to any rector, parish clerk, organist, sexton or other subor-
dinate officer of the said Church.

3. It shall be lawful, anything in any law or custom t;;::; ;;e
to the contrary notwithstanding, for the clergy and laity of .,d laity
the communion of the Church of England in Antigua and declared lawful.
Barbuda, to hold assemblies, synods, or conventions, and
to elect representatives thereto for the purpose of framing
constitutions and regulations for the general management,
discipline and good government of the said communion, for
administering the property and affairs thereof, and for the
future representation of the members thereof in diocesan
synod or otherwise:

Provided that nothing in the said constitutions or regula-
tions or any of them, shall be contrary to any law or statute
now or hereafter in force in Antigua and Barbuda.

4. Nothing in this Act shall authorize the imposition Tax not be
~mposed by

by any assembly, synod, or convention held under the pro- synod, kc,
visions of this Act of any rate or tax upon any person or
persons whomsoever whether belonging to the said Church
or not, or the infliction by any such assembly, synod, or
convention of any temporal punishment, fine or penalty upon
any person other than his suspension from an office in the
said Church or exclusion from the meetings or proceedings
of the diocesan synod.

LAWS OF ANTIGUA AND BARBUDA

CAP. 82) Church of England Disestablishment

Ecclesiastical
law, certain

5 . Upon the coming into operation of this Act the
and Ecclesiastical Law which was in force at that date, and the

articles, &C-> patents of Her Most Gracious Majesty for the appointment
Church of
~ ~ ~ l ~ ~ d in of the Bishop, and the several articles, rites, doctrines, rules,
Antigua and discipline and ordinances of the Church of England in
Barbuda, binding
on members. Antigua and Barbuda, with and subject to such, if any,

modifications or alterations as may hereafter be duly made
therein according to the constitution of the said communion
for the time being, shall be deemed to be binding on the
members for the time being thereof in the same manner as
if such members had severally agreed to abide by and observe
the same, and shall be capable of being enforced in the
Temporal Courts in relation to any property to be enjoyed
by the said Church communion or any members thereof in
the same manner and to the same extent as if such property
had been expressly given, granted or conveyed upon trust,
to be held, occupied and enjoyed by persons who should
observe and keep and be in all respects bound by the said
Ecclesiastical ~ a & , and the said articles, doctrines, rites, rules,
discipline and ordinances of the said Church communion
subject as aforesaid; but nothing herein contained shall be
construed to confer on the existing Bishop or any other Bishop

No coercive or any other ecclesiastical person having ecclesiastical author-
jurisdiction
conferred. ity over the Church of Antigua and Barbuda any coercive

jurisdiction whatsoever.
-

Sale moneys of
Church property
to he invested
for benefit of
Parish for which
the same was
devised for
Church purposes.

6. Whenever it shall become necessary to sell or
dispose of any real or personal property devised or bequeath-
ed for the use or benefit of any parish of Antigua and Barbuda
for church purposes, the moneys to arise from such sale shall
be invested by the Diocesan Synod of the North-Eastern
Caribbean and Aruba in the funds of Antigua and Barbuda,
Great Britain, or elsewhere, for the sole use and benefit of
the parish for which the same was so devised or bequeathed
for church purposes and for no other use or purpose what-
soever, and shall not merge into or form part of the general
funds or moneys of the said Diocesan Synod.

LAWS OF ANTIGUA AND BARBUDA

Church of England Disestablishment (CAP. 82 5

7. It shall be lawful for the Government to vest in :ze,',"gz:zn
such Diocesan Synod as aforesaid upon the like trusts as the Synod all Church
same were held when this Act came into operation, the church ~ ~ ~ e P p e ~ ~ ~ ; tanks,
or chapel and the site thereof and the rectory or curate's a"., s t . John's
house, if any, and the lands and glebe, if any, attached thereto Et$,dh'$
belonging to any rectory, island curacy, or stipendiary curacy, not to be ,,id
together with all the plate, vestments and other furniture exchanged.
and fittings in the respective parish churches and chapels
of Antigua and Barbuda, but subject to the interest therein
of any existing rector or incumbent:

Provided however, that the tanks and guttering belong-
ing to the cathedral in the city and parish of St. John shall
remain the property of the public with the right conserved
of collecting and using water from the roof of the said
cathedral and also of access to the said tanks for all necessary
pruposes in accordance with any regulations on the subject
that may from time to time be issued by the Government:

Provided also that it shall in no case be lawful for the
said Anglican Church, or any person or persons represent-
ing the said Church, to sell or exchange the said churches
or chapels, or churchgrounds attached to any of the churches
in Antigua and Barbuda, and that if any of the said churches
or chapels shall for one whole year be disused as places of
worship by the members of the said Anglican Church and
if the house and grounds attached to any of the said churches
or chapels shall cease to be used as the residence of the
minister of the parish within which such church or chapel
or house and ground attached to any such church or chapel
is situate, it shall be lawful for the Government to resume
possession of the said house and lands of the said church
or chapel and church or chapel grounds so disused and all
property and possession therein shall revert to the Crown,
to be applied to the public uses of Antigua and Barbuda.
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