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Monday 10th July
Worship was conducted by the Chaplain; Bible Study was
led by Mr Lawrence Moore
The Moderator greeted the Revd Michael Cruchley and
wished him well on his retirement; the Moderator thanked the Revd Brian
Jolly for his service as Convener of the Life and Witness Committee.
Training Committee
The Revd John Humphreys moved adoption of Resolution 38:
Resolution 38
Westminster College Principal
In light of General Assembly’s decisions about the
Training Committee’s 2006 report it instructs the Training Committee and the
Governors of Westminster College to proceed with the appointment of a
Principal for Westminster College.
Resolution 38 was carried.
The Assembly Clerk moved adoption of Resolution 64:
Resolution 64
Amendment to the Structure
Paragraph 2(5)(a)
Delete ‘District Councils’ and insert ‘Synods’
Resolution 64 was carried.
The General Secretary moved that
‘in accordance with Paragraph 3(1) of the Structure,
Resolution 64 be referred to Synods with the 31st March 2007 as the final
date for responses to the General Secretary as to whether or not this
constitutional amendment be proceeded with.’
The Assembly agreed.
The Assembly Clerk moved adoption of Resolution 7:
Resolution 7
Amendments to Section O Part II
General Assembly agrees to make the following changes to
Part II of the Section O Process for Ministerial Discipline:
Paragraph A.6
After the words ‘… Assembly Commission…’ insert ‘… (or
the General Secretary in the case of Appeals, save where Paragraph G.10.5
applies)
Section B of Part II
Section B of Part II as shown in the Appendix to this
resolution shall replace the existing Section B in its entirety.
Paragraphs C.3.1, C.3.2, C.4.1, E.12.2, E.12.3, G.4.2, G.4.3, G.5, G.10.4,
G.10.5
In all these paragraphs, any reference to Paragraphs 7.1.1 and 7.1.2 of Part
I shall be replaced by a simple reference to Paragraph 7.1 of Part I.
Paragraphs E.4.1
At the end of the paragraph add the words ‘… whereupon the Secretary shall
forthwith provide copies thereof for the Convener and the other members of
the Assembly Commission.’
Paragraph E.7.4
At the end of the paragraph add the words ‘… unless the
Minister shall have lodged with the Secretary of the Assembly Commission,
within twenty-eight days of the passing of the sentence in the criminal
case, written evidence that s/he has lodged an appeal against the decision
of the criminal court, whether it be against the conviction itself or the
sentence imposed.’
Paragraph E.7.6
Add a new Paragraph E.7.6 as follows:
E.7.6 ‘If the Minister has given to the Secretary of the Assembly Commission
the written evidence of appeal in the criminal case referred to in Paragraph
E.7.4, it shall be his/her responsibility to notify the Secretary of the
Assembly Commission of the outcome of his/her appeal in the criminal case as
soon as s/he becomes aware of it and to supply to the said Secretary a duly
certified court record or memorandum of the decision on the said appeal,
whereupon the Section O Process shall be reactivated and the case brought to
a hearing as soon as possible. Meanwhile the Minister shall respond promptly
to any requests for information from the Secretary of the Assembly
Commission as to the progress of the appeal in the criminal case. If the
Minister fails to comply with the provisions of this Paragraph, the said
Secretary may him/herself seek and obtain the required information as to the
progress and outcome of the appeal in the criminal case.’
Paragraph E.8.5
Add a new Paragraph E.8.5 as follows:
E.8.5 ‘Any failure, unnecessary delay or obstruction on the part of the
Minister in complying with the requirements of Part II, Paragraph E.7.6.’
Paragraph F.4.3
Add the following words at the end of the paragraph ‘… and the Mandated
Group shall thereupon comply with Paragraph H.4.’
Paragraph G.12.5
Add the following words at the end of the paragraph ‘… and, unless Paragraph
G.13 applies, the Mandated Group shall thereupon comply with Paragraph H.4.’
Paragraph H.4
Add a new Paragraph H.4 as follows:
H.4 ‘Within one month of the conclusion of each case as provided in Part I,
Paragraph 17, the Mandated Group shall prepare a written report of its
conduct of the case and submit it to the Secretary of the Assembly
Commission, who shall, in order to preserve confidentiality, remove from the
report the name and address of the minister, the name of the minister’s
church(es) and any other information which might lead to the identification
of any individuals involved in the case. The purpose of the report shall be
to help those charged with the ongoing review of the operation of the
Section O Process to monitor the performance of Mandated Groups and thus to
ensure that all appropriate training and assistance is provided and the
highest standards are maintained.’
APPENDIX
B. APPOINTMENT AND ROLE OF MANDATED GROUPS AND INITIATION
OF SECTION O
B.1. B.1.1 To enable it properly to carry out its Function 2(3)(A)(xviii) of
the Structure, every District Council shall act solely through a group of
three persons (“the Mandated Group”) which shall have mandated authority to
act in the name of the District Council in every matter requiring
consideration under that Function.
B.1.2 The Mandated Group called in to deal with any particular case under
Paragraph B.6.1, Paragraph B.9.2 or Paragraph B.9.3 has no pastoral role to
fulfil and its precise functions are described in Paragraphs B.7 and B.8.
B.2 In cases arising under Paragraph B.6.1 (District Council), the Mandated
Groups charged with the responsibilities ascribed to them under these Rules
of Procedure shall be constituted in the following manner:
B.2.1 Two members thereof shall be appointed by each
District Council on a standing basis from a Synod Panel itself appointed and
maintained by each Synod, there normally being on such panel at least one,
and preferably two, persons from each District within the Synod. One such
member shall, wherever possible, be appointed to the Mandated Group from the
District from which the case emanates.
B.2.2 The Synod Moderator or other person responsible for calling in the
Mandated Group shall appoint the remaining person to the Mandated Group from
the Joint Panel in accordance with the procedure set out in Paragraph B.3
B.3 B.3.1 There shall be a standing panel (‘the Joint
Panel’) consisting of a maximum of thirteen persons, of whom one shall be
nominated by each Synod and selected preferably on account of some legal,
tribunal or professional experience or other similar background, which would
equip them for assuming a role as part of a Mandated Group. The list of
those currently on the Joint Panel shall be held by the Synod Moderators.
B.3.2 In cases arising either under Paragraph B.6.1
(District Council) or Paragraph B.9.2 (Synod) (where one member of the Joint
Panel will be required to serve) the Synod Moderator or other person
responsible for calling in the Mandated Group shall appoint the remaining
member of the Mandated Group for that case from the Joint Panel.
B.3.3 In cases arising under Paragraph B.9.3 (General Assembly or Mission
Council on its behalf) the Deputy General Secretary, in consultation with
such other officers of General Assembly as s/he considers appropriate, shall
constitute the Mandated Group by the appointment of all three persons, each
of whom shall be selected from either the Joint Panel or any of the Synod
Panels (at least one from the Joint Panel and at least one from the Synod
Panels).
B.4 If any member of a Synod Panel or the Joint Panel is
a member of a local church connected with a case or has any pastoral or
personal involvement in a case or is the subject of a disciplinary
complaint, that person shall not form part of the Mandated Group for that
case.
B.5 B.5.1 If any member of a Synod Panel or the Joint
Panel is disqualified under Paragraph B.4 or is for any other reason unable
to act in a particular case, the Moderator of the Synod shall appoint
another member from the same panel to serve as a member of the Mandated
Group for that case. The Mandated Group for all matters relating to that
case shall be its remaining member(s) together with the person(s) appointed
under this Paragraph. If only one such person is disqualified or otherwise
unable to act, then, until any such further appointment is made, the mandate
shall continue to be held by the remaining two members of the Mandated
Group. If two members of the Mandated Group are disqualified or otherwise
unable to act, there is no mandate for the remaining member to act alone.
B.5.2 No person shall serve as a member of or as the spokesperson for a
Mandated Group in connection with any case where s/he would fall within any
of the restrictions contained in Paragraph 7.1 of Part I.
B.6 B.6.1 B.6.1.1 If at any time the Moderator of the
Synod or (if for any reason s/he should be unavailable or unable to act) the
President of the District Council in consultation with such officers of the
District Council as s/he considers appropriate believes that there is or may
be a disciplinary issue in respect of any minister s/he shall forthwith in
the name and on the authority of the District Council call in its Mandated
Group, at the same time informing the Minister that this step has been
taken. The Section O Process in the case of any Minister shall commence with
the calling in of the Mandated Group.
B.6.1.2: In calling in the Mandated Group, the person so doing:
(i)
shall notify those two persons who, as members of the Synod Panel, will form
part of the Mandated Group by virtue of Paragraph B.2.1 that they are called
upon so to participate, advising them of the identity of the minister but
giving no further information at that point and
(ii) shall notify one person from the Joint Panel of
his/her intention to invite that person to serve as a member of the Mandated
Group, advising him/her of the identity of the minister but giving no
further information at that point.
B.6.1.3 In the event that any of the proposed appointees on to the Mandated
Group is/are unable or unwilling to act, the process(es) of appointment from
a Synod Panel and/or the Joint Panel shall continue until a Mandated Group
consisting of three members has been duly constituted.
B.6.1.4 As soon as the above steps have all been taken,
the person calling in the Mandated Group shall issue to each member thereof
a written statement setting out the reasons for the calling in of the
Mandated Group, the names of possible informants and any other sources of
information at that time available. To avoid prejudice, that statement must
not contain any assumptions or inferences or any personal reflections or
opinions.
B.6.2 In cases of extreme emergency, the Moderator or other person entitled
to call in the Mandated Group under the Rules of Procedure may, if s/he
considers that there are strong and urgent reasons for so doing and only so
long as s/he forthwith calls in the Mandated Group under Paragraph B.6.1,
suspend the Minister with immediate effect either orally or in writing.
Suspension imposed orally shall be immediately confirmed in writing to the
Minister and written notice shall also be given to the Secretary of the
District Council (see also Paragraphs B.8.2 and B11
B.6.3 Suspension imposed under Paragraph B.6.2 shall
continue during the Mandated Group’s initial enquiry period referred to in
Paragraph B.7.1. If at the end of that period the Mandated Group serves a
Referral Notice on the Minister, it must also serve on him/her a Notice
confirming the continuance of the suspension during the Commission Stage.
B.6.4 In the event that the initial enquiry period terminates without the
issue of a Referral Notice, the Minister’s suspension under Paragraph B.6.2
shall automatically cease on the issue of a Notice of Non-Continuance under
Paragraph B.7.2, whereupon the person imposing the suspension under
Paragraph B.6.2 shall give written notice of the cessation of the suspension
both to the Minister and to the Secretary of the District Council.
B.7 The functions of the Mandated Group called in by the person authorised
for that purpose under Paragraph B.6 in any particular case are described in
this Paragraph B.7 (as regards the initial enquiry) and in Paragraph B.8 (as
regards its role during the Commission Stage):
B.7.1 The Mandated Group shall carry out its own initial
enquiry with all due expedition in consultation (where practical and
appropriate) with the person calling in the Mandated Group for the sole
purpose of ascertaining whether the Commission Stage should be initiated.
Having done so, it must bring its initial enquiry to a conclusion in
accordance with Paragraphs B.7.2 and B.7.3.
B.7.2 If the Mandated Group decides as a result of its
initial enquiry not to proceed any further with the matter, it shall serve
on the Moderator of the Synod or other person calling it in a notice to that
effect (a Notice of Non-Continuance), which shall have the effect of
discharging from further involvement in that case the Mandated Group itself
(subject to due compliance by it of Paragraph H.4) and the Council in whose
name it conducted the initial enquiry.
B.7.3 On receipt of a Notice of Non-Continuance the
person calling in the Mandated Group shall forthwith notify the Minister and
the Secretary of the District Council that the Mandated Group is not
proceeding any further and if the person calling in the Mandated Group has
already suspended the Minister under Paragraph B.6.2 s/he must notify the
Minister and the Secretary of the District Council of the immediate
cessation of the suspension.
B.7.4 If on the other hand the Mandated Group decides as
a result of its initial enquiry to initiate the Commission Stage, it shall
follow the procedure laid down in Paragraphs B.8.1 and B.8.3 whereupon the
Commission Stage will be initiated.
B.8 B.8.1 Whenever the Mandated Group, having become
aware of any information concerning a Minister under the oversight of the
District Council which might require disciplinary investigation, concludes
unanimously or by a majority that this is indeed so, it shall forthwith in
the name of the District Council suspend the Minister (unless s/he has
already been suspended under Paragraph B.6.2, in which case the Mandated
Group shall serve on the Minister a notice that his/her suspension shall
continue during the Commission Stage) and initiate the Commission Stage in
accordance with Paragraph 5 of Part I. Suspension under this Paragraph shall
take effect when the Minister receives Notice thereof from the Mandated
Group either orally or in writing. Suspension imposed orally shall be
immediately confirmed in writing (as to the contents of the written notice
of suspension, see also Paragraph B.11).
B.8.2 Suspension, whether imposed under Paragraph B.6.2
or B.8.1, does not imply any view about the correctness or otherwise of any
allegations made concerning the Minister, nor does it affect the Minister’s
stipend nor the Minister’s pension arrangements under the United Reformed
Church Ministers’ Pension Scheme.
B.8.3 The Mandated Group shall forthwith notify the
Moderator of the Synod and the Secretary of the District Council in writing
of the issue of the Referral Notice and the Notice of Suspension.
B.8.4 During the Commission Stage it is the
responsibility of the Mandated Group to conduct the Investigation in
accordance with Section D of these Rules of Procedure, to comply with all
procedural matters under the Rules of Procedure and to present the case
against the Minister at the Hearing under Section E and at the Hearing of
any Appeal under Section G.
B.9 B.9.1 To enable them to carry out their respective
functions under Paragraphs 2(4)(A)(xiv) and 2(5)(A)(xxiii) of the Structure,
every Synod and the General Assembly shall act solely through a group of
three persons (“the Mandated Group”) which shall have mandated authority to
act in the name of the Synod or the General Assembly as the case may be in
every matter requiring consideration under those respective functions.
B.9.2 In connection with any such steps under Paragraph
B.9.1 as are required to be taken by a Synod, if at any time the Moderator
of the Synod, in consultation with such officers of the Synod as s/he
considers appropriate, believes that there is or may be a disciplinary issue
in respect of any minister in membership or under the authority of that
Synod, s/he shall forthwith in the name of the Synod appoint two persons
from the Synod Panel for that Synod and one person from the Joint Panel as
provided in Paragraphs B.2 and B.3 to constitute the Mandated Group for the
particular case and at the same time inform the Minister that this step has
been taken and follow the procedure laid down in Paragraphs B.6.1.2/4. The
Mandated Group so appointed shall be deemed to be called in and vested with
authority in like manner to the Mandated Group of a District Council called
in under Paragraph B.6.1.
B.9.3 In connection with any steps under Paragraph B.9.1
as are required to be taken by General Assembly (or Mission Council on its
behalf), if at any time the Deputy General Secretary, in consultation with
such other officers of the General Assembly as s/he considers appropriate,
believes that there is or may be a disciplinary issue in respect of any
minister s/he shall forthwith in the name of General Assembly appoint three
persons drawn from the Synod Panels and the Joint Panel as provided in
Paragraph B.3.3 to constitute the Mandated Group for the particular case and
at the same time inform the Minister that this step has been taken and
follow the procedure laid down in Paragraphs B.6.1.2/4. The Mandated Group
so appointed shall be deemed to be called in and vested with authority in
like manner to the Mandated Group of a District Council called in under
Paragraph B.6.1.
B.9.4 The preceding paragraphs of this Section B of Part
II shall apply to cases falling within Paragraph B.9 with the necessary
changes and in particular the following shall apply:
In Paragraph B.5.1, in the case of a Mandated Group
appointed in the name of General Assembly, the words “Deputy General
Secretary” shall replace the words “Moderator of the Synod”.
In Paragraph B.7.1, in the case of a Mandated Group appointed in the name of
General Assembly the reference therein to the Moderator of the Synod shall
be replaced by a reference to the Deputy General Secretary.
In Paragraph B.8.1 the words “the Minister concerned”
shall replace the words “a Minister under the oversight of the District
Council”, and the second reference to “the District Council” shall be
replaced by a reference to “the Synod” or “General Assembly” as the case may
be.
B.9.5 On any occasion throughout the Section O Process
where notices and papers are required to be sent to the Moderator of the
Synod and/or the Secretary of the District Council, then in a case
proceeding under Paragraph B.9.3 they shall also be sent to the Deputy
General Secretary.
B.10 To initiate the Commission Stage pursuant to
Paragraph B.8.1, the Mandated Group in the name of the Council shall take
the following steps:
B.10.1 Serve on the Secretary of the Assembly Commission
a duly completed Referral Notice which should clearly state the reasons why
the Mandated Group believes that a breach of Ministerial Discipline has or
may have occurred and which should also include where possible a summary of
the supporting information on the basis of which the Mandated Group has
issued the Referral Notice and
B.10.2 Serve on the Minister notice of the issue of the
Referral Notice and of his/her suspension (or of the continuance of his/her
suspension if Paragraph B.6.2 applies).
B.11 The Notice of Suspension, whether issued under
Paragraph B.6.2 or Paragraph B.8.1, shall inform the Minister that, in
accordance with these Rules of Procedure, any conduct on his/her part which
breaches or contravenes Paragraph 4 of Schedule E to the Basis of Union may
be taken into account by the Assembly Commission in reaching its decision
under Paragraph 10 of Part I.
B.12 Once a Referral Notice has been issued by a Mandated
Group in any case, no further Referral Notice shall in any circumstances be
issued in respect of the subject matter of that referral, save only where
the Minister has been the subject of an earlier disciplinary case in which
the Assembly Commission or the Appeals Commission issued a written warning
under the provisions of Paragraph 10.2.1 or Paragraph 14.3 of Part I.
Resolution 7 was carried.
The Assembly Clerk moved adoption of Resolution 8:
Resolution 8
Replacement of existing Section O, Part I
General Assembly agrees to replace the whole of the
existing Part I of Section O with the following:
SECTION O
Process for dealing with cases of Ministerial Discipline
PART I – Substantive Provisions
(governed by General Assembly Function 2(5)(xi)
of the Structure of the United Reformed Church)
1. 1.1 Under the provisions of this Section O an Assembly Commission (as
defined in Section A of Part II) shall operate under the authority of the
General Assembly for the purpose of deciding (in cases properly referred to
it) the questions as to whether a Minister has committed a breach of
discipline and, if the Assembly Commission or, in the event of an appeal,
the Appeals Commission should so decide, whether on that account his/her
name should be deleted from the Roll of Ministers or alternatively whether a
written warning should be issued to him/her. The Assembly Commission or, in
the event of an appeal, the Appeals Commission may also decide to make a
recommendation/referral in accordance with provisions of Paragraph 1.3.
Under the Ministerial Disciplinary Process (known as “the Section O
Process”) the Assembly Commission or, in the event of an appeal, the Appeals
Commission is also able to make recommendations (other than recommendations
under Paragraph 1.3) and offer guidance but only within the limits
prescribed in Section F of Part II.
1.2 Subject only to Paragraph 1.3, once the disciplinary
case of any Minister is being dealt with under the Section O Process, it
shall be conducted and concluded entirely in accordance with that Process
and not through any other procedure or process of the Church.
1.3.1 If it considers that the situation concerning a
Minister involved in a case within the Section O Process relates to or
involves a perceived incapacity on the part of that Minister which might
render him/her unfit to exercise, or to continue to exercise, ministry on
account of medical, psychological or other similar or related reasons, the
Assembly Commission or, in the event of an appeal, the Appeals Commission
may make an Order in accordance with the Rules of Procedure referring the
case back to the Synod Moderator/Deputy General Secretary or other person
who called in the Mandated Group with a recommendation that the Ministerial
Incapacity Procedure (as defined in Section A of Part II) be initiated in
respect of the Minister concerned, whereupon the Section O Process shall
stand adjourned pending the outcome of such recommendation.
1.3.2 The Rules of Procedure contained in Part II shall provide for the
service of the above Order (and any accompanying documentation if
appropriate) on the Synod Moderator/Deputy General Secretary or other person
who called in the Mandated Group and under those Rules s/he shall be
required, within the time therein specified, to notify the Secretary of the
Assembly Commission or the Appeals Commission in writing whether the
recommendation has been accepted or rejected.
1.3.3 If the recommendation has been accepted, the
notification shall specify the date on which the Ministerial Incapacity
Procedure was initiated, whereupon the Assembly Commission or the Appeals
Commission shall make a further Order declaring the Ministerial Disciplinary
case to be concluded, subject only to the continuation of the Minister’s
suspension until the issue of his/her suspension has been resolved in
accordance with the Ministerial Incapacity Procedure.
1.3.4 If the recommendation has been rejected, the notification shall state
the reasons and the Assembly Commission or the Appeals Commission shall
forthwith reactivate the Ministerial Disciplinary case.
2. The Assembly Commission, the Commission Panel, the
Appeals Commission and all aspects of the Section O Process shall at all
times remain under the jurisdiction and control of the General Assembly
which has the authority through the exercise of its functions as contained
in Paragraph 2(5) of the Structure to amend, enlarge or revoke the whole or
any part of the Section O Process, save only that, so long as it remains in
force, the decision reached in any particular case (whether or not on
appeal) and any orders made in accordance with this Section O Process shall
be made in the name of the General Assembly and shall be final and binding
on the Minister and on all the councils of the Church.
3. 3.1 Subject only to Paragraph 3.2, the Section O
Process shall not be initiated in respect of any Minister if his/her case is
currently being dealt with under the Ministerial Incapacity Procedure.
3.2 The Section O Process may be initiated in respect of a Minister as a
result of a recommendation issuing from the Ministerial Incapacity
Procedure, in which case there may be a short transitional overlap between
the commencement of the Ministerial Disciplinary case and the conclusion of
the case within the Ministerial Incapacity Procedure.
4. 4.1 In considering the evidence and reaching its
decision, the Assembly Commission or, in the event of an appeal, the Appeals
Commission shall in every case have full regard to the Basis of Union and in
particular Paragraph 2 of Schedule E thereto which states the
responsibilities undertaken by those who become Ministers of the United
Reformed Church and the criteria which they must apply in the exercise of
their ministry.
4.2 As part of such consideration, the Assembly
Commission or Appeals Commission shall be entitled to have regard to any
conduct on the part of a Minister occurring prior to his/her ordination to
the ministry which, in the Commission’s view and when viewed in the light of
Schedule E to the Basis of Union, would have prevented, or was likely to
have prevented, him/her from becoming ordained, where such conduct was not
disclosed by the Minister to those responsible for assessing his/her
candidacy for ordination.
5. 5.1 A Minister may appeal against the decision of the Assembly Commission
to delete his/her name from the Roll of Ministers under Section F of Part II
or to issue a written warning under that Section by lodging a Notice of
Appeal in accordance with the Rules of Procedure at Part II, stating the
ground/s of such appeal.
5.2 The Mandated Group of the Council which lodged the Referral Notice in
any case may in the name of that Council appeal against the decision of the
Assembly Commission not to delete the name of the Minister from the Roll of
Ministers by lodging a Notice of Appeal in accordance with the Rules of
Procedure stating the ground/s of such appeal. In any case where no written
warning is attached to the decision not to delete, the Notice may state, if
the Mandated Group so desires, that the appeal is limited to the question of
the issue of a written warning to the Minister.
5.3 No-one other than the Parties has any right of appeal from the decision
of the Assembly Commission.
6. Procedural matters shall in every case be dealt with in accordance with
the Rules of Procedure as contained in Part II.
7
7.1 Save only as provided in Paragraph 7.2, this Part I of the Section O
Process is subject to Paragraph 3(1) of the Structure.
7.2 Mission Council acting in the name of General Assembly has authority by
single resolution of that Council to make as and when necessary and with
immediate effect such changes to Part I as are, on the advice of the legal
advisers to the United Reformed Church, required to bring the Section O
Process into line with the general law of the land consequent upon any
changes in legislation and/or case law.
7.3 All such changes to the Section O Process as are made by Mission Council
under Paragraph 7.2 shall be reported to the next meeting of the General
Assembly.
Resolution 8 was carried.
The Assembly Clerk moved adoption of Resolution 9:
Resolution 9
Amendments to the Structure in relation to the Section O Process
General Assembly agrees to make the following changes to
the Structure of the United Reformed Church:
Paragraph 2(3)(A)(xviii)
Replace the existing 2(3)(A)(xviii) with the following:
‘Where the District Council, acting through its Mandated Group as defined in
the Disciplinary Process referred to below, considers that a Minister is or
may not be exercising his/her Ministry in accordance with Paragraph 2 of
Schedule E to the Basis of Union, to refer the case of that Minister to the
Commission Stage of the Disciplinary Process contained in Section O of the
Manual of the United Reformed Church and in every such case to suspend the
Minister concerned pending the resolution of the matter under that Process
(for the avoidance of doubt the calling in of the Mandated Group under that
Process in order to fulfil its responsibilities marking the commencement of
the Disciplinary Process).’
Paragraph 2(3)(B)
Replace the existing 2(3)(B) with the following:
‘Once the Disciplinary Process has commenced in the case of any Minister,
whether by the District Council or by one of the other Councils of the
Church, the District Council shall not exercise its functions in respect of
that Minister (save only in the provision of such pastoral care as may be
appropriate) until the Process has been duly concluded.’
Paragraph 2(3)(C)
Replace the existing 2(3)(C) with the following:
‘No appeal shall lie against the decision by a District Council to initiate
the Disciplinary Process in respect of any Minister under Function (xviii)
above.’
Paragraph 2(4)(A)(xiv)
Replace the existing 2(4)(A)(xiv) with the following:
‘In the absence of any reference into the Disciplinary Process by the
appropriate district council and where the Synod, acting through its
Mandated Group as defined in the Disciplinary Process referred to below,
considers that a Minister is or may not be exercising his/her ministry in
accordance with Paragraph 2 of Schedule E to the Basis of Union, to refer
the case of that Minister to the Commission Stage of the Disciplinary
Process contained in Section O of the Manual of the United Reformed Church
and in every such case to suspend the Minister concerned pending the
resolution of the matter under that Process (for the avoidance of doubt the
calling in of the Mandated Group under that Process in order to fulfil its
responsibilities marking the commencement of the Disciplinary Process).’
Paragraph 2(4)(B)
Replace the existing 2(4)(B) with the following:
‘Once the Disciplinary Process has commenced in the case of any Minister
with the calling in of the Mandated Group under that Process, whether by the
Synod or by one of the other Councils of the church, the synod shall not
exercise its functions in respect of that Minister (save only in the
provision of such pastoral care as may be appropriate) until the Process has
been duly concluded.’
Paragraph 2(4)(C)
Replace the existing 2(4)(C) with the following
‘No appeal shall lie against the decision by a Synod to initiate the
Disciplinary Process in respect of any Minister under Function (xiv) above.’
Paragraph 2(5)(A)(xxii)
Replace the existing 2(5)(A)(xxii) with the following:
‘To provide for the setting up of an Appeals Commission in accordance with
the Ministerial Disciplinary Process for the hearing of appeals under that
Process.’
Paragraph 2(5)(A)(xxiii)
Replace the existing 2(5)(A)(xxiii) with the following:
‘In the absence of any reference into the Disciplinary Process by the
appropriate District Council or Synod (the case of any Minister who is a
Moderator of Synod being necessarily dealt with under this provision) and
where the General Assembly (or Mission Council on its behalf) acting through
its Mandated Group as defined in the Disciplinary Process referred to below
considers that a Minister is or may not be exercising his/her Ministry in
accordance with Paragraph 2 of Schedule E to the Basis of Union, to refer
the case of that minister to the Commission Stage of the Disciplinary
Process contained in Section O of the Manual of the United Reformed Church
and in every such case to suspend the minister concerned pending the
resolution of the matter under that Process (for the avoidance of doubt the
calling in of the Mandated Group under that Process in order to fulfil its
responsibilities marking the commencement of the Disciplinary Process).’
Paragraph 2(5)(B)
Replace the existing unnumbered paragraph immediately following the
functions of General Assembly with the following paragraph to be numbered
2(5)(B):
‘Once the Disciplinary Process has commenced in the case of any Minister,
whether by the General Assembly or by one of the other Councils of the
Church, the General Assembly shall not exercise its functions in respect of
that Minister (save only in the provision of such pastoral care as may be
appropriate) until the Process has been duly concluded.’
Resolution 9 was carried
The General Secretary moved that ‘in accordance with Paragraph 3(1) of the
Structure, Resolution 9 be referred to Synods with the 31st March 2007 as
the final date for responses as to whether or not this constitutional
amendment be proceeded with.’
The Assembly agreed.
The Assembly Clerk moved adoption of Resolution 10:
Resolution 10
Introduction of procedure for dealing with cases of Ministerial Incapacity
and approval of Part I
General Assembly resolves to introduce a procedure (to be
known as the “Ministerial Incapacity Procedure”) designed for dealing with
cases involving Ministers of Word and Sacrament who are regarded as being
incapable of exercising ministry on account of medical, psychological or
other similar or related reasons and approves the Introduction and Part I of
that Procedure in the form set out below:
SECTION P
PROCEDURE FOR DEALING WITH CASES
OF MINISTERIAL INCAPACITY
The Introduction which follows does not form part of the
text of the Incapacity Procedure
INTRODUCTION
The Procedure which follows allows the Church to deal
with the cases of ministers of Word and Sacrament who are regarded as being
incapable of exercising ministry on account of medical, psychological or
other similar or related reasons.
It is not a disciplinary process and will only be invoked
in situations where the Assembly Pastoral Reference Committee, if that
committee has been involved, has said that it can do no more.
Whilst considered as a last resort, the Incapacity
Procedure will nevertheless enable the Church to take decisive action in
cases where the continued exercise of ministry would undermine the promises
made by the minister at ordination to lead a holy life and to preserve the
unity and peace of the Church.
PART I – subject to Paragraph 3(1) of the Structure
(governed by General Assembly Function 2(5)(xi)
of the Structure of the United Reformed Church)
Note: The words and expressions marked * (the first time
they appear) are defined in Part II of this Procedure.
1. Under the provisions of this Ministerial Incapacity
Procedure (herein called “the Incapacity Procedure*”) a Review Commission*
and, in the event of an appeal, an Appeals Review Commission* shall operate
under the authority of the General Assembly for the purpose of considering
and deciding upon cases properly referred to it in which Ministers*, whilst
not perceived to have committed any breach of ministerial discipline, are
nevertheless regarded as being incapable of exercising, or of continuing to
exercise, ministry on account of medical, psychological or other or similar
or related reasons.
2. The Review Commission, the Standing Panel*, the
Appeals Review Commission, and all aspects of the Incapacity Procedure shall
at all times remain under the jurisdiction and control of the General
Assembly which has the authority through the exercise of its functions as
contained in Paragraph 2(5) of the Structure* to amend, enlarge or revoke
the whole or any part of this Incapacity Procedure, save only that, as long
as that Procedure remains in force, the decision reached in any particular
case (whether or not on appeal) and any orders made in accordance with the
Incapacity Procedure shall be made in the name of the General Assembly and
shall be final and binding on the Minister and on all the councils of the
Church*.
3. Subject only to Section H of Part II, when the case of
any Minister is being dealt with under the Incapacity Procedure, it must be
conducted and concluded entirely in accordance with that procedure and not
through any other procedure or process of the Church.
4. The Incapacity Procedure shall not be initiated in
respect of any Minister if his/her case is currently being dealt with under
the Disciplinary Process, save only where the Incapacity Procedure is
initiated as a result of a recommendation from the Disciplinary Process,
giving rise to a short transitional overlap between the commencement of the
case within the Incapacity Procedure and the conclusion of the Disciplinary
Process in relation to that Minister.
5. Although the operation of the Incapacity Procedure is
not based upon the conscious breach by the Minister of the promises made at
ordination, the Review Commission or, in the event of an appeal, the Appeals
Review Commission shall, in considering the matter and reaching its
decision, in every case have full regard to the Basis of Union* and in
particular Paragraph 2 of Schedule E thereto which states the
responsibilities undertaken by those who become Ministers of the Church and
the criteria which they must apply in the exercise of their ministry.
6. Save only as provided in Paragraph 7, this Part I of
the Incapacity Procedure is subject to Paragraph 3(1) of the Structure.
7. Mission Council acting in the name of General Assembly
has authority by a single resolution of that Council to make as and when
necessary and with immediate effect such changes to any part of the
Incapacity Procedure as are, on the advice of the legal advisers to the
Church, required to bring that procedure into line with the general law of
the land consequent upon any changes in legislation and/or case law and any
such changes as are made under this Paragraph shall be reported to the next
annual meeting of the General Assembly.
The Revd William Mahood moved that Resolution 10 be
remitted to next year’s Assembly. Seconded by the Revd John Johansen-Berg.
The Assembly agreed.
Mission Council
The remainder of the Mission Council report was briefly
considered.
The Honorary Treasurer moved adoption of Resolution 48:
Resolution 48
General Trustees
General Assembly appoints the “United Reformed Church
Trust” to serve as Charity Trustee of the United Reformed Church for the
purposes of section 97 of the Charities Act 1993 from the close of Assembly
2006 in place of the current trustees Mission Council Advisory Group.
Resolution 48 was carried
The General Secretary moved adoption of Resolution 49:
Resolution 49
The future work of Assembly
General Assembly approves of the principle of dividing
its work into three departments, Ministries, Administration and Resources,
and Mission policy and Theology, and instructs the Catch the Vision Steering
Group to prepare detailed proposals for the 2007 Assembly.
Resolution 49 was carried.
The Revd Alasdair Pratt took the Chair.
Finance Resolutions
The Honorary Treasurer moved adoption of Resolution 57:
Resolution 57
Ministry & Mission Fund Review
General Assembly requests all synods to review the
methods used to raise their Ministry & Mission Fund contribution, to examine
the methods used and proposed in other synods and to report their
conclusions to the Finance Committee by the end of January 2007.
Resolution 57 was carried
Mr Eric Chilton moved adoption of Resolution 59:
Resolution 59 Ministry & Mission Fund Review
General Assembly agrees to the introduction of a
system to monitor deployment allocation and Ministry & Mission Fund
contribution across synods and instructs the Finance and Ministries
Committees to develop this in consultation with the synods.
Resolution 59 was carried.
Mr Chilton moved adoption of Resolution 60:
Resolution 60
Ministry & Mission Fund Review
General Assembly welcomes the report of the Review of
the Ministry & Mission Fund and instructs the Finance Committee to take
forward the remaining Recommendations, in consultation with synods and such
other committees of General Assembly as may be appropriate.
Resolution 60 was carried
Mr Chilton moved adoption of resolution 53:
Resolution 53
2007 Budget
General Assembly considers ministry essential to the
worship, life and witness of local churches and wishes to sustain the
present link between the number of stipendiary ministers and the overall
membership of the Church.
Following brief debate, resolution 53 was carried
Mr Chilton moved adoption of Resolution 54:
Resolution 54
2007 Budget
General Assembly reminds local churches that they have
the responsibility collectively to support the full cost of ministry;
including training, pension contributions and retired ministers housing;
through their contributions to the Ministry and Mission Fund.
Resolution 54 was carried
Mr Chilton moved adoption of Resolution 55:
Resolution 55
2007 Budget
General Assembly accepts the suggestions for reducing
expenditure contained in the Catch the Vision report and instructs Mission
Council to take what other steps are necessary to reduce the budget deficit
for 2007 to an acceptable level.
Ms Isobel Simmons, FURY Chair, proposed the following
amendment:
General Assembly accepts the suggestions for reducing
expenditure contained in the Catch the Vision report and instructs Mission
Council to explore with the relevant commitees what steps are possible to
reduce the budget deficit.
Seconded by Mr Mark Steel
The proposer indicated willingness to accept the
amendment.
Resolution 55, as amended, was carried
The Revd Jay Phelps moved adoption of Resolution 63:
Resolution 63
National Celebration Event
General Assembly instructs Mission Council to
investigate and report to the next Assembly the organising of a "National
Celebration Event" for the purposes of Celebration, Teaching, Worship and
Fellowship to be held every two years and open to all members and adherents,
at their own cost.
Seconded by Mrs Irene Wren
Following debate, Resolution 63 was carried
The Revd Elizabeth Caswell resumed the Chair
Synod Resolution
Mrs Val Morrison moved adoption of Resolution 4:
Resolution 4
Heritage Lottery Fund
In the light of the diminishing government funding
available for the repair and upkeep of historic church buildings, especially
listed buildings, and the diverse way in which the Lottery is now being used
to fund other agencies and sources of financial support, General Assembly
resolves to revisit its 1995 resolution and instructs Mission Council to
report to Assembly 2007.
Seconded by the Revd Arnold Harrison
Following debate, Resolution 4 was carried.
On Behalf of the West Midlands Synod, Mrs Wilma Frew
moved adoption of Resolution 3:
Resolution 3
Synods and CRCW management
General Assembly re-affirms the value of the Church
Related Community Work ministry and, in particular, the commitment to
allocate CRCW posts in each Synod. However, recognising the important
contribution of local knowledge in all deployment it asks that the
Ministries / CRCW Programme Sub-Committee devolve to the Synods the task of
terming and reviewing CRCW posts.
Seconded by Mr Bill Robson
Mr Malcolm Breeze moved that the Resolution be not put;
seconded by Ms Marie Trubic.
The Assembly agreed, by more than the required two thirds
majority,
Ministries
Mr John Ellis moved adoption of Resolution 16:
Resolution 16
Ministerial development
General Assembly:
a) agrees in principle to replace the existing scheme for
ministerial Accompanied Self-Appraisal with a more comprehensive review
scheme which would:
i) eventually include all Ministers of Word and
Sacraments and Church Related Community Workers;
ii) operate biennially;
iii) be based around an agreed role description for
the Minister;
iv) retain the confidential accompanied
self-appraisal discussion for the Minister;
v) include open discussions involving both the
Minister and the pastorate or post;
vi) would become, from a date to be agreed, a
standard part of the Terms of Settlement when a Minister starts in a new
pastorate or post;
b) asks the Ministries Committee to prepare a detailed
scheme, to consult the Synods and to report back to Mission Council; and
c) authorises Mission Council
to implement a scheme.
Following debate, Resolution 16 was carried.
Assembly Commission
The General Secretary reported on Assembly Commissions
held during the past year. There had been 1 hearing since Assembly 2005 and
1 name had been deleted from the roll. The cost had been £2530.41.
The Assembly Clerk moved that:
Assembly receives the minutes of Saturday, and approves
the insertion of the minutes of Sunday and Monday into the full minutes
after review and any necessary correction by officers of the Assembly. The
Assembly agreed.
Address to the Throne
The Revd Sheila Maxey, former Moderator, presented the
address to the Throne:
The Assembly approved the address.
Moderator-Elect
The Moderator-elect, the Revd Principal Stephen Orchard,
addressed the Assembly
Vote of Thanks
Mr George Morton thanked South West Synod for its welcome
and hospitality, and assured members of a warm welcome to the North western
Synod in 2007.
The Moderator thanked the staff of the University of
Exeter, the Assembly administrative staff, the platform party, musicians and
worship leaders.
The General Secretary thanked the Moderator for her
conduct of the Assembly’s business.
The Moderator thanked the General Secretary and the
members of the Catch the Vision Steering Group.
Closing Worship
Closing worship was led by the Chaplain.
The General Secretary formally announced that the
Assembly had completed its business and would adjourn to meet as agreed at
the University of Manchester on 7th July 2007 or at such other place or on
such other date as may be necessary.
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