Church Of Ceylon

Church Of Ceylon AN ACT TO PROVIDE FOR THE REGULATION OF THE CHURCH OF CEYLON, FOR ESTABLISHING ITS IDENTITY WITH THE CHURCH OF ENGLAND IN CEYLON (BY WHATSOEVER NAME CALLED) AND FOR MATTERS INCIDENTAL THERETO AND CONNECTED THEREWITH. Preamble. WHEREAS the Church of Ceylon, with two Bishops and two Dioceses, has been established, and it is necessary to give legal validity to the same: And whereas, for the resolution of doubts, it is necessary to establish the identity of the said Church of Ceylon with the Church of England in Ceylon (by whatsoever name called) : And whereas it is necessary, for this purpose to make amendments to the Church of England Ordinance which, as set out in the Preamble thereto, established a Church with one Bishop and one diocese, and to make consequential amendments to other laws relating to the said Church : And whereas it is expedient to enable the said Church of Ceylon to regulate its own affairs: And whereas the governing authority of the Church of Ceylon, that is to say, the Bishop of Colombo and the Diocesan Council of the Diocese of Colombo, and the Bishop of Kurunegala and the Diocesan Council of the Diocese of Kurunegala, have consented thereto: Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the same, as follows: – Short title. 1. This Act may be cited as the Church of Ceylon Act, No. 6 of 1972. Constitution of the Church of Ceylon. 2. (1) The Church of Ceylon shall consist, and with effect from the relevant date shall be deemed to have consisted, of the Bishop of Colombo and the Diocese of Colombo and of the Bishop of Kurunegala and the Diocese of Kurunegala. (2) In this Act, ” relevant date ” means the Second day of February, 1950, being the date on which the Diocese of Kurunegala was established. The territorial limits of the Dioceses of Colombo and Kurunegala. 3. The territorial limits of the Diocese of Colombo and of the Diocese of Kurunegala shall be the territorial limits existing on the relevant date, so, however, that such limits may be varied by mutual agreement between the Diocesan Councils of Colombo and Kurunegala with the consent of the Bishop of Colombo and the Bishop of Kurunegala. Church of Ceylon deemed to be a continuation of and identical with Church of England in Ceylon. 4. Subject to the other provisions of this Act, the Church of Ceylon shall for all intents and purposes be deemed to be a continuation of and Identical with the Church of England in Ceylon sometimes called or known as- (a) The United Church of England and Ireland. (b) The Episcopal Churches in the Island of Ceylon, (c) The Church of England in the Diocese of Colombo, or (d) The Diocese of Colombo of the Ecclesiastical Province of the Church of India, Burma and Ceylon, or of India. Pakistan, Burma and Ceylon, and all property, rights and privileges which belong to, and all duties and liabilities which have been imposed upon, the Church designated by any of the expressions set out in paragraphs (a) to (d) shall devolve upon the said Church of Ceylon, and the expressions set out in paragraphs (a) to (d) and all other expressions relating to the said Church of England in Ceylon heretofore used in all enactments, rules, regulations, deeds, contracts and writings of whatsoever name or description shall henceforth be deemed to refer to the said Church of Ceylon. Amendment of sections 2, 3, 4, 5, 6 and 7 and replacement of section 8 of the Church of England Ordinance with retrospective effect. Cap. 334. 5. From and after the relevant date- (1) section 2 of the Church of England Ordinance shall be deemed to have had effect as if, for the words ” in the diocese of Colombo,”, there were substituted the words ” in the Diocese of Colombo and in the Diocese of Kurunegala severally,”; (2) section 3 of the Church of England Ordinance shall be deemed to have had effect as if, for the words ” for the Bishop of Colombo, or his representative duty constituted, ” there were substituted the words ” for the Bishop of Colombo, or his representative duly constituted, and for the Bishop of Kurunegala or his representative duly constituted, “; (3) sections 3, 4, 5, 6 and 7 of the Church of England Ordinance shall be deemed to have had effect as if, for the words ” or convention ” wherever those words occur collectively therein, there were substituted the words ” or convention or Council of each Diocese “; and (4) section 8 of the Church of England Ordinance shall be deemed to have been repealed and the following new section substituted therefor: – ” Synods may, subject to certain conditions, change their constitutions. 8. It shall be in the power of the synod, assembly, convention or Council of the Diocese of Colombo and of the Diocese of Kurunegala, respectively to alter their constitutions in any way, so, however, that no change be made except with the consent of the Bishop of Colombo or the Bishop of Kurunegala for the time being, as the case may be, and also of two-thirds of the whole order of clergy, and two-thirds of the whole order of lay representatives as above described. “. Amendment of section 9 of the Church of England Ordinance. 6. Section 9 of the Church of England Ordinance is hereby amended by the repeal of the second proviso to that section and the substitution therefor of the following new proviso :- ” Provided, further, that the change, succession and removal of the members of the said corporation and the constitution and government thereof, and the beneficial uses and disposal of the property to be held in trust by them, as aforesaid, shall be regulated, decided and declared from time to time by the Diocesan Council of the Diocese of Colombo with the concurrence of the Diocesan Council of the Diocese of Kurunegala, and shall be made subject to such regulations as may from time to time be made by the Diocesan Council of the Diocese of Colombo with the concurrence of the Diocesan. Council of the Diocese of Kurunegala. ” Amendment of sections 11, 12,13 and 15 and replacement of section 17 of the Church of England Ordinance. 7. From and alter the relevant date- (1) section 11 of the Church of England Ordinance shall be deemed to have had effect as if, in the second proviso to that section, for the words ” in the Bishop of Colombo, or his successors, “, there were substituted the words ” in the Bishop of Colombo or his successors, or in the Bishop of Kurunegala or his successors, “; (2) section 12 of the Church of England Ordinance shall be deemed to have had effect as if, for the words ” It shall be lawful for the synod, assembly, or convention ” there were substituted the words ” It shall be lawful for a synod, assembly, convention or Council”; (3) section 13 of the Church of England Ordinance shall be deemed to have had effect as if, for the words ” by the said synod, assembly, or convention,”, in sub-section (1) of that section, there were substituted the words ” by the said synods, assemblies, conventions or Councils.”; (4) section 15 of the Church of England Ordinance shall be deemed to have had effect as if- (a) for the words ” the said synod, assembly, or convention “, there were substituted the words ” the synod, assembly, convention or Council of the Diocese of Colombo and of the Diocese of Kurunegala respectively “, (b) for the words ” to be Bishops of Colombo, “, there were substituted the words “to be Bishop of Colombo or Bishop of Kurunegala, as the case may be, “, (c) for the words ” shall be Bishops of Colombo “, there were substituted the words ” shall be Bishops of Colombo or Bishops of Kurunegala, as the case may be, “, and (d) for the proviso to that section, there were substituted the following new proviso: – “Provided always that nothing be done at variance with the rights of the Bishop or Archbishop, exercising for the time being Metropolitical functions over the Church of Ceylon. “; and (5) section 17 of the Church of England Ordinance shall be deemed to have been repealed and the following new section substituted therefor: – “Incorporation of Bishop of Kurunegala and devolution of property vested in Bishop of Kurunegala and his successors. 17. (1) Every person admitted to be a Bishop of Kurunegala under this Ordinance shall be a corporate body and by the name of the Bishop of Kurunegala shall have perpetual succession and full power to acquire, purchase, take, hold or enjoy movable and immovable property of every description., and to sell and otherwise dispose of the same and may sue and be sued in all Courts of Justice. (2) All property, whether movable or immovable, which by virtue of any deed or instrument or otherwise was, or is now, or shall hereafter be vested in the Bishop of Kurunegala and his successors shall, subject to any trusts or conditions affecting the same, devolve on and be vested in the Bishop of Kurunegala for the time being admitted or deemed to be admitted under this Ordinance and his successors as such Bishop. “. Amendment of section 28 of the Episcopal Churches Ordinance. Cap. 365. 8. From and after the relevant date, section 28 of the Episcopal Churches Ordinance shall be deemed to have had effect as if- (a) for the words ” standing committee of the synod of the Church of England in Ceylon “, there were substituted the words ” standing committee of the Diocesan Council of the Diocese in which it is situated ” and (b) for the words ” by the Bishop of Colombo “, there were substituted the words ” by the Bishop of the Diocese “. Amendment of Schedule C to the Episcopal Churches Ordinance. 9. From, and after the relevant date, Schedule C to the Episcopal Churches Ordinance shall be deemed to have had effect as if- (a) for the words ” of the synod of the Church of England in Ceylon “, there were substituted the words ” of the Diocesan Council of the Diocese of Colombo/Kurunegala “, (b) for the words ” Dated at Colombo ”, there were substituted the words ” Dated at Colombo/ Kurunegala ” and (c) for the words ” Bishop of Colombo. “, there were substituted the words ” Bishop of Colombo/ Kurunegala.”. Validation of previous decisions and acts. 10. All decisions duly taken and all acts duly done by the Bishop of Colombo and by the Council of the Diocese of Colombo And by the Bishop of Kurunegala and by the Council of the Diocese of Kurunegala for and on behalf of their respective dioceses are hereby ratified and confirmed and shall be valid and effectual as if done under this Act.