Methodist Church (Jersey) Law 1986

Jersey Law 2/1986 METHODIST CHURCH (JERSEY) LAW, 1986. ____________ A LAW to establish and incorporate the Trustees for Jersey Methodist Church Purposes and to vest in them all property held upon the trusts of the Model Deed of the Methodist Church, and for connected purposes, sanctioned by Order of Her Majesty in Council of the 26th day of march , 1986. ____________ (Registered on the 25th day of April, 1986). ____________ STATES OF JERSEY. ____________ The 20th day of August, 1985. ____________ W HEREAS: (1) Under and by virtue of the provisions of the Methodist Church Union Act 1929 (19 & 20 Geo. 5 cap. 59) (in this Law referred to as “the 1929 Act”) extending to the Island and a Deed of Union executed in pursuance thereof on the 20th September, 1932 the Wesleyan Methodist Church, the Primitive Methodist Church and the United Methodist Church became a united Church or denomination under the name of the Methodist Church. (2) Pursuant to the powers contained in section 14 of the 1929 Act a model trust deed (in this Law referrred to as “the Model Deed”) dated the 15th day of December, 1932 was adopted and subject as mentioned in section 35(2) of the 1929 Act certain property in the Island is held respectively upon the trusts of that deed. (3) By reason of the changes in the structure of the organisation and government of the Methodist Church and of the desirability of central vesting of the property in the Island of the Methodist Church held upon the trusts of the Model Deed it is expedient that provision should be made by this Law for the establishment of a single body of trustees constituted and incorporated under the name and style of “the Trustees for Jersey Methodist Church Purposes”, for the discharge of the existing trustees of the said property and for the vesting of the said property in the Trustees for Jersey Methodist Church Purposes. (4) It is expedient that the Trustees for Jersey Methodist Church Purposes act as trustees and custodian trustees upon trusts which notwithstanding clause (iii) of sub-paragraph (a) of paragraph (2) of Article 10 of the Trusts (Jersey) Law, 1984, 1 shall not be invalid. (5) It is expedient that the other provisions contained in this Law be enacted. (6) The purposes of this Law cannot be conveniently effected without the authority of a Law of the States. T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – ARTICLE 1 Interpretation (1) In this Law, unless the context otherwise requires – “the 1929 Act” means the Methodist Church Union Act 1929 (19 & 20 Geo. 5 cap. 59) which extends to the Island as mentioned in section 35 thereof; “the 1976 Act” means the Methodist Church 1976 (1976 c.30) as the same shall be extended to the Island by Order in Council, with such exceptions, adaptations and modifications as may be specified in the Order; “the Board” means the corporate body established by Article 2; “the Circuit” shall have the meaning assigned to that expression for the time being by paragraph 1 of Part 1 of Schedule 2 to the 1976 Act save that for the purposes of Articles 3 and 8 it shall mean only the Jersey Circuit or other Circuit for the time being comprising or including the Island; the Conference” has the meaning assigned to it by section 2(1) of the 1976 Act; “the Methodist Church” has the meaning assigned to it by section 2(1) of the 1976 Act; “the model trusts” means the trusts for the time being contained in Part III of Schedule 2 to the 1976 Act; “the purposes of the Methodist Church” means the purposes mentioned in section 4 of the 1976 Act; “property” has the meaning assigned to it by section 2(1) of the 1976 Act; “the Synod” means the Channel Islands District Synod of the Methodist Church. (2) Where in this Law there is a reference to an Article by number only, and without further identification, such reference shall be construed as a reference to the Article of that number contained in this Law. (3) Where in any Article or other division of this Law there is a reference to a Part, paragraph, sub-paragraph or clause by number or letter only, and without further identification, such reference shall be construed as a reference to that Part, paragraph, sub-paragraph or clause if that number or letter contained in the Article or other division of this Law in which such reference occurs. (4) Unless the context otherwise requires, where this Law refers to any enactment, the reference is a reference to that enactment as amended, and includes a reference to that enactment as extended or applied by or under any other enactment, including any other provision of that enactment. ARTICLE 2 Establishment of the Trustees for Jersey Methodist Church Purposes (1) For the purposes of this Law there shall be established a body to be called “the Trustees for Jersey Methodist Church Purposes” (in this Law referred to as “the Board”) to perform the functions assigned to the Board by or under this Law. (2) The Board shall be a body corporate having perpetual succession and a common seal and with power to acquire and hold immoveable property and personal property of every kind and to transfer, exchange, assign, lease or otherwise dispose of any present or future immoveable property or personal property held by them and the Board may sue and be sued under that name and may act as trustees and as custodian trustees. (3) The Board shall, as soon as may be after they have been constituted, establish and shall thereafter maintain in the Island a registered office at which all instruments for service upon the Board shall be served. (4) It shall be the duty of the Board to give to the Judicial Greffier notice in writing of the situation of their registered office for the time being. (5) The powers referred to in paragraph (2) shall be exercisable subject to such consents or orders (if any) being obtained as would, if this Law had not been passed, have been requisite if the transaction were being effected under an express power conferred by an instrument creating a trust. (6) The following provisions shall have effect with respect to any property (in this paragraph referred to as “trust property”) vested in the Board as custodian trustees – (a) the trust property shall vest in or be transferred to the Board as if they were sole trustee; (b) the management of the trust property and the exercise of any power or discretion exercisable by the trustees thereof under the trusts applicable thereto shall remain or be vested in the trustees thereof other than the Board (which trustees are in this paragraph referred to as the “managing trustees”); (c) as between the Board and the managing trustees, and subject to and without prejudice to the rights of any other persons, the Board shall have the custody of all securities and documents relating to the trust property, but the managing trustees shall have free access thereto and be entitled to take copies thereof or extracts therefrom ; (d) the Board shall concur in and perform all acts necessary to enable the managing trustees to exercise any powers of management or any other power or discretion vested in the managing trustees (including the power to pay money or securities into court), unless the manner in which the Board are requested to concur is a breach of trust, or involves a personal liability on the Board in respect of calls or otherwise, but, unless they so concur, the Board shall not be liable for any act or default on the part of the managing trustees or any of them; (e) all sums payable out of the income or capital of the trust property shall be paid to or by the Board, but the Board may allow the dividends and other income derived from the trust property to be paid to the managing trustees or to such person as the managing trustees direct, or into such bank to the credit of such person as the managing trustees may direct, and in such case the Board shall be exonerated from seeing to the application thereof and shall not be answerable for any loss or misapplication thereof; (f) the power of appointing new trustees, when exercisable by the managing trustees, shall be exercisable by the managing trustees alone, but the Board shall have the same power of applying to the court for the appointment of a new trustee as any other trustee; (g) the Board, if they act in good faith, shall not be liable for accepting as correct and acting on the faith of any written statement by the managing trustees as to any matter of fact, upon which the title to the trust property may depend, nor for acting upon any legal advice obtained by the managing trustees independently of the Board. ARTICLE 3 Consitution of Board and first members (1) Subject to the provisions of this Law, the Board shall consist of the Chairman of the Synod, the Superintendent Minister of the Circuit and such number of appointed members as the Synod shall (subject to the provisions of this Article) from time to time think fit provided that such number shall be an even number and not more than eight nor less than four. (2) Each member of the Board shall be a member of the Methodist Church and in the case of an appointed member shall at the time of his or her appointment be resident in the Island and, subject to the provisions of this Law with respect to avoidance and determination of office, shall hold office until he or she attains seventy years of age. (3) This first appointed members of the Board shall be the persons appointed by the Synod following nomination by the Circuit to be such members and a statement in writing under the hand of the Chairman of the Synod shall be conclusive evidence as to who are the first appointed members of the Board. The Synod may from time to time (subject to the provisions of this Article) appoint new or additional members of the Board and a statement in writing under the hand of the Chairman of the Synod shall be conclusive evidence of such appointment. ARTICLE 4 Appointment of new members (1) If a member of the Board shall – (a) die: or (b) become bankrupt; or (c) make an assignment for the benefit of his creditors; or (d) refuse or be unfit to act or be incapable of acting as a member of the Board; or (e) being an appointed member reside for twelve consecutive months out of the Island; or (f) cease to be a member of the Methodist Church; or (g) by notice in writing sent or delivered to the Chairman for the time being of the Synod state his desire to resign from the Board; or (h) attain the age of seventy years, he shall thereupon cease to be a member of the Board. (2) On the occurrence of a vacancy or vacancies in the appointed membership of the Board pursuant to paragraph (1) it shall be the duty of the Synod to make such further appointments to the Board as may be requisite to cause such membership thereof to comply with Article 3. (3) The proceedings of the Board shall not be invalidated by any vacancy in their membership. ARTICLE 5 Procedure (1) Subject to the provisions of this Law or to any other statutory provision or rule of law, or any trust deed, under which the Board may hold any immoveable property or personal property, the Board may from time to time determine their own procedure. (2) The common seal of the Board shall be kept by such person or persons as the Board by resolution or by a memorandum under the hands of all the members thereof shall from time to time appoint and shall not be affixed to any instrument except with the sanction of at least two members of the Board testified by their signatures to a statement expressing such sanction written on the instrument to which the seal is affixed but it shall not be necessary for the members so testifying their sanction to be present at the affixing of the seal. ARTICLE 6 Transfer of property to Board (1) All immoveable property and all personal property held upon the trusts of the Model Deed in the Island shall on the appointed day by virtue of this Law be vested in the Board in place and to the exclusion of all persons who are then the trustees of such property subject to the trusts, directions and powers referred to or contained in this Law and the 1976 Act and the Board shall hold all such property as custodian trustees upon the model trusts and freed and discharged from all trusts powers and provisions affecting such property before the commencement of this Law but subject to any encumbrance affecting the same. (2) The Board may receive and hold all immoveable property and all personal property of every kind which shall from time to time be given or transferred to them upon or for any trusts, intents or purposes of the Methodist Church in the Island or its Synod, circuits, districts, missions or other connexional or local organisations whether immediately connected with chapels or not or upon or for any trusts, intents or purposes connected with any of its Sunday schools, day schools, or ministers’ houses or upon or for any trusts, intents or purposes connected with any society, institution or charity subsidiary or ancillary to the Methodist Church. (3) In relation to the Board and in relation to the trusts of or affecting any given or transferred to them clause (iii) of sub-paragraph (a) of paragraph (2) of Article 10 of the Trusts (Jersey) Law, 1984, 2 shall not have effect. (4) In this Article “appointed day” means the day on which this Law comes into operation. (5) Nothing in this Article shall derogate from the provisions of Article 13. ARTICLE 7 Trustees’ indemnity preserved Nothing contained in this Law shall deprive any trustee of any property referred to in paragraph (1) of Article 6 of any rights to which but for this Law he would be entitled to be indemnified out of such property in respect of any mortgage, charge, incumbrance , lien, bond and disposition in security or obligation in respect of which he shall have become personally liable. ARTICLE 8 Evidence Any document purporting to be a copy of any resolution passed by the Conference or Synod or Circuit or the Board (such document being or purporting to be signed by the Secretary of the Conference or Chairman of the Synod or the Superintendent Minister of the Circuit or Chairman of the Board as the case may be for the time being) shall be conclusive evidence that such resolution was duly passed by the Conference, Synod, Circuit or the Board, as the case may be and a letter signed or purporting to be signed by the Secretary of the Conference, Chairman of the Synod, Superintendent Minister of the Circuit or Chairman of the Board as the case may be for the time being, declaring that such resolution has been passed by a particular majority shall be conclusive evidence of the fact that without proof of the number or proportion of the votes recorded in favour of or against such resolution. ARTICLE 9 Indemnity of Board and members thereof No member of the Board shall by being party to or executing as such member, any contract or other instrument or otherwise lawfully executing any of the powers given to the Board by this Law be subjected to be sued or prosecuted by any person whomsoever nor shall the bodies, goods or lands of any such members be liable to execution of any legal process by reason of any contract or other instrument so entered into signed or executed by the Board or any of the members thereof or by reason of any lawful act done by the Board or any of the members thereof in the execution of any of their powers as such Board or member and the members of the Board, their executors and administrators, shall be indemnified out of any trust for the time being vested in the Board for all payments made or liabilities incurred in respect of any acts done by them in connexion with such property or the trusts affecting the same and for all losses, costs and damages which they may incur in the execution of this Law as regards such property or the trusts affecting the same and the Board may apply such property for the purposes of such indemnity. ARTICLE 10 Application of the Trusts (Jersey) Law, 1984 in modified form The Trusts (Jersey) Law, 1984, 3 shall apply to the Board, the model trusts and all property now or hereafter held by the Board upon the model trusts or any other trusts as if clause (iii) of sub-paragraph (a) of paragraph (2) of Article 10 4 were deleted from the Trusts (Jersey) Law, 1984. ARTICLE 11 Non-application of the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations The Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations 5 shall not apply to the Board, the model trusts or any property now or hereafter held by the Board upon the model trusts or any other trusts. ARTICLE 12 Registration (1) The Royal Court shall, when it orders the registration of this Law, also order the registration of a copy of this Law signed by the Greffier of the States in the Public Registry of Contracts. (2) No fees shall be payable under the Departments of the Judiciary and the Legislature (Jersey) Law, 1956, 6 in relation to the registration of a copy as required by paragraph (1) of this Article. ARTICLE 13 Effect of registration in the Public Registry of Contracts (1) The registration of a copy of this Law in the Public Registry of Contracts shall on the appointed day have like effect as a contract passed before the Royal Court and the title to any immoveable property held upon the trusts of the Model Deed which immediately before the appointed day was registered in the Public Registry of Contracts shall vest in, belong to and be held by the Board on and after the appointed day. (2) In this Article “appointed day” means the day on which this Law comes into operation. ARTICLE 14 Citation and commencement (1) This Law shall be cited as the Methodist Church (Jersey) Law, 1986. (2) This Law shall come into operation on such day as the States may by Act appoint. R.S. GRAY Deputy Greffier of the States. 1 Volume 1984–1985, page 37. 2 Volume 1984–1985, page 37. 3 Volume 1984–1985, page 31. 4 Volume 1984–1985, page 37. 5 Tomes I–III, page 258. 6 Volume 1963–1965, page 551, Volume 1970–1972, page 227, Volume 1973–1974, pages 123 and 205, and Volume 1984–1985, page 1.