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s 31

Co-operative use of property

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Part VGeneral

31 Co-operative use of property

Where it has been decided in accordance with the laws of the Church to enter into a scheme of co-operation with or involving a church of another denomination or a congregation or activity of such a church, being a scheme that involves the use of property vested in the Trust, the Trust may, while the scheme of co-operation continues in force, permit that property to be used, managed, and administered in connection with that scheme in such manner and on such conditions as the Synod, or a committee appointed by it for the purpose, determines or prescribes.

The proceeds of sale or mortgage or any other dealing with any property that is the subject of a scheme of co-operation pursuant to subsection (1) and all moneys collected or held in respect of that scheme may be paid and applied in such manner as may be determined or prescribed by the Synod or a committee referred to in that subsection.

Without limiting the generality of the conditions that the Synod may determine or prescribe under subsection (1) in relation to a scheme of co-operation, those conditions may include conditions with respect to – the making of contributions of money for the acquisition, construction, alteration, maintenance, or repair of assets vested in or held on behalf of a co-operating church or congregation; and the giving or taking of such security or charge as may be prescribed by the scheme over any property in respect of any contributions of money or in money's worth made or received pursuant to the scheme, and the property of the Trust involved in the scheme is, to the extent prescribed in it, hereby charged.

The Recorder of Titles, the Registrar of Deeds, or a person dealing in good faith and for value with any property vested in the Trust is not bound to inquire whether a security or charge referred to in subsection (3) exists, shall not be deemed to have notice of that security or charge, and shall not be bound by it by virtue only of this Act or the existence of a scheme of co-operation under this section, and – a conveyance, or other assurance to such a person operates as a discharge of such a security or charge, in so far as the property conveyed or assured would, but for this subsection, be subject to the security or charge; and a mortgage or charge in favour of such a person has priority over such a security or charge that affects the property mortgaged or charged in favour of that person.

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