Hunters Hill Congregational Church Property Trust Act 2013
23Arrangements for other churches to use trust property
Start here
Get a plain-English read of 23
Turn the raw legal text into a practical explanation grounded in Hunters Hill Congregational Church Property Trust Act 2013.
23 Arrangements for other churches to use trust property
23 Arrangements for other churches to use trust property
(1) In this section, scheme of co-operation means a scheme entered into by the Trust:
(a) with or involving a church of another denomination or any congregation or constituent element of such a church, and
(b) concerning the use of general trust property or congregational trust property.
(2) The Trust may permit general trust property to be used and managed for the purposes of a scheme of co-operation on such terms and conditions as the Trust determines.
(3) The Trust may permit congregational trust property held on behalf of a particular congregation to be used and managed for the purposes of a scheme of co-operation, but only:
(a) on the direction of the congregation given by a meeting of that congregation conducted in accordance with the procedure established by the congregation, and
(b) on such terms and conditions as the congregation determines at that meeting or any subsequent meeting so conducted.
(4) Any proceeds derived by the Trust from a scheme of co-operation are to be applied in the manner determined by the Trust.
(5) Conditions that the Trust may determine under this section include:
(a) conditions with respect to the making of monetary contributions towards the acquisition, construction, alteration, maintenance or repair of property vested in or held on behalf of a co-operating church, congregation or constituent element, and
(b) the giving or taking of a security or charge over any property.
(6) Either general trust property or congregational trust property may be used in accordance with a scheme of co-operation except to the extent that the property is subject to an express trust expressly forbidding its use in that manner.
(7) Neither general trust property nor congregational trust property is to be regarded as property that is subject to an express trust expressly forbidding its use under a scheme of co-operation merely because it is directed to be held in trust for worship within, or for the purposes of, the Church or the relevant congregation.