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ARMY CHAPLAINS ACT 1868

ARMY CHAPLAINS ACT 1868 - LONG TITLE

An Act to afford greater Facilities for the Ministrations of Army
Chaplains.{1}
[31st July 1868]
Preamble rep. by SLR 1893

ARMY CHAPLAINS ACT 1868 - SECT 1
Short title.

1. This Act may be cited as "The Army Chaplains Act, 1868."

ARMY CHAPLAINS ACT 1868 - SECT 2
Interpretation.

2. For the purposes of this Act the term "army chaplain" shall
mean a commissioned chaplain to Her Majesty's military forces in
holy orders of the said Church; and the term "station" shall mean
and include any camp, barrack, hospital, or arsenal, and property
adjacent thereto, the site whereof is held by or in trust for Her
Majesty.

ARMY CHAPLAINS ACT 1868 - SECT 3
Extent.

3. This Act shall extend to... Ireland...

ARMY CHAPLAINS ACT 1868 - SECT 4
Power to Her Majesty in Council, with consent, &c., to set out the
precinct of any station and declare the same to be an
extra-parochial district.

4. It shall be lawful for the Queen's most excellent Majesty in
Council, upon the recommendation of one of Her Majesty's Principal
Secretaries of State, at any time with the consent under the hand
and seal of the bishop of the diocese within which such station
shall be locally situate, to set out by metes and bounds the
precinct thereof, and to declare the same for the purposes of this
Act to be an extra-parochial district: Provided always, that a copy
of the draft of any scheme for constituting any such precinct or
district proposed to be laid before Her Majesty in Council shall be
delivered or transmitted to the incumbent and to the patron or
patrons of the church or chapel of any parish, chapelry, or
district out of which it is recommended that any such precinct or
district, or any part thereof, should be taken, in order that such
incumbent, patron or patrons, may have an opportunity of offering or
making to one of Her Majesty's Principal Secretaries of State or to
the said bishop any observations or objections upon or to the
constitution of such precinct or district; and such scheme shall not
be laid before Her Majesty in Council until after the expiration of
one month next after such copy shall have been so delivered or
transmitted, unless such incumbent and patron or patrons shall in
the meantime consent to the same; and upon such scheme having been
ratified by Her Majesty in Council, such precinct or district shall
thereafter for all ecclesiastical purposes be and be adjudged and
taken to be an extra-parochial place.

ARMY CHAPLAINS ACT 1868 - SECT 5
Map describing metes and bounds shall be annexed to scheme and
registered.

5. A map or plan, setting forth and describing such metes and
bounds, shall be annexed to the scheme for constituting any such
precinct or district, and shall be transmitted therewith to Her
Majesty in Council, and a copy thereof shall be registered by the
registrar of the diocese, together with any Order issued by Her
Majesty in Council for ratifying such scheme: Provided always, that
it shall not be necessary to publish any such map or plan in the
London Gazette.

ARMY CHAPLAINS ACT 1868 - SECT 6
Power to Secretary of State to appoint any army chaplain to perform
functions in extra-parochial district.

6. It shall be lawful for one of Her Majesty's Principal
Secretaries of State to appoint from time to time any army chaplain
to perform the functions of an army chaplain in any such
extra-parochial district, and thereupon it shall be lawful for any
such chaplain to officiate therein; and such chaplain during the
continuance of his appointment shall for all ecclesiastical purposes
be, and be adjudged and taken to be, the chaplain of an
extra-parochial place within the provisions of this Act.

ARMY CHAPLAINS ACT 1868 - SECT 7
Chapel erected and consecrated in extra-parochial district to be the
chapel thereof.

7. Where a chapel has been or shall be hereafter erected within
the said extra-parochial district, and consecrated for the performance
therein of divine service according to the rites and ceremonies of
the said United Church, such chapel shall be for the purposes of
this Act the chapel of the said extra-parochial district, and shall
for all ecclesiastical purposes be, and be adjudged and taken to
be, an extra-parochial chapel.

ARMY CHAPLAINS ACT 1868 - SECT 8
Where unconsecrated building intended to be used as a chapel has
been certified to the bishop, Secretary of State may appoint a
chaplain to officiate therein.

8. Where a building shall have been certified under the hand of
one of Her Majesty's Principal Secretaries of State, to the bishop
of the diocese within which such building is locally situate, as
used or intended to be used by Her Majesty's military forces as an
unconsecrated chapel for the purpose of divine worship according to
the rites and ceremonies of the said United Church, it shall be
lawful for one of Her Majesty's Principal Secretaries of State from
time to time to appoint any army chaplain to perform all the
functions of an army chaplain therein; and if at any time such
building shall cease to be used for the purpose aforesaid, it shall
be lawful for one of Her Majesty's Principal Secretaries of State
to certify such fact to the said bishop, and thereupon the
provisions of this Act shall no longer apply to such building.

ARMY CHAPLAINS ACT 1868 - SECT 9
Power by Order in Council to declare extra-parochial districts to be
under jurisdiction of archbishop or bishop named in Order, who shall
exercise jurisdiction over chaplains officiating therein.

9. It shall be lawful for the Queen's most excellent Majesty in
Council, upon the recommendation of one of Her Majesty's Principal
Secretaries of State, at any time to declare all or any of the
extra-parochial districts set out under the provisions of this Act
to be under the exclusive jurisdiction of such archbishop or bishop
of the said United Church as may be named in such Order during
such time as Her Majesty shall see fit; and thereupon it shall be
lawful for such archbishop or bishop to exercise over any army
chaplain appointed to officiate within any such extra-parochial
district all the powers and authority which he is by law authorized
to exercise over any clerk in holy orders of the said United
Church holding any preferment within his diocese: Provided always,
that the previous consent in writing of the said archbishop or
bishop named therein shall be obtained before the making of such
order; and further, that after the making of such Order and until
the revocation thereof, all other ecclesiastical jurisdiction in
respect of the extra-parochial districts named in such Order shall
wholly cease.

ARMY CHAPLAINS ACT 1868 - SECT 10
Act not to affect chaplains, &c. in connexion with the Church of
Scotland.

10. Nothing in this Act contained shall be held to apply to
chaplains of Her Majesty's Forces in connexion with the Church of
Scotland, or to affect the ministrations of such chaplains, or of
any licentiate or minister of the Church of Scotland authorized by
the War Office to officiate to Her Majesty's Presbyterian soldiers
in any station within the limits of this Act.