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Paragraph 1 Delete the existing Paragraph 1 and substitute the following :- '1.1 Under the provisions of this Section O an Assembly Commission (as defined in Paragraph 3) 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 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. Under the Section O Process the Assembly Commission is also able to make recommendations and offer guidance but only within the scope of Paragraphs 10 and 16 of this Part I. 1.2 Once the 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 of the Church' Paragraph 2 Delete the words 'the Process set out in this Section O' and substitute the words 'the Section O Process'. Delete the words 'of the United Reformed Church 'after the word 'Structure'. Delete the words 'this Section O' and substitute 'the Section O Process'. Paragraph 3 Delete Paragraph 3 and its sub-paragraphs and substitute the following :- '3 For the purpose of this Section O, the following words and expressions carry the following meanings :- 3.1 'Appeals Commission' shall mean the Commission constituted for the hearing of each Appeal in accordance with Paragraph 12. 3.2 'Appointers' shall mean the persons responsible under Paragraph 6 for the appointment of the Assembly Commission. 3.3 'Assembly Commission' shall mean a Commission consisting of five (5) persons selected from the Commission Panel for the purpose of hearing and deciding each case dealt with under the Section O Process. 3.4 'Basis of Union' shall mean the Basis of Union of the United Reformed Church. 3.5 'Commission Panel 'shall mean a Panel consisting of a maximum of fifty (50) members of the United Reformed Church from whom shall be chosen the persons to form the Assembly Commission to hear each case being dealt with under the Section O Process. 3.6 'Commission Stage' shall mean that part of the Section O Process initiated in accordance with Paragraph 5. 3.7 'Council' shall mean the council of the Church whose Mandated Group issues the Referral Notice. 3.8 'Deletion' and 'to delete' shall mean the removal of/to remove the name of a Minister from the Roll of Ministers other than at the request of the Minister concerned or by the acceptance of his/her resignation or by his/her death. 3.9 'District Council' shall mean that District Council which in relation to any Minister exercises oversight of that Minister in accordance with its function under Paragraph 2 (3)(i) of the Structure and references to District Council shall be understood to include area councils in Scotland such area councils being in every respect identical with district councils and wherever the words 'district council' or 'district' appear they shall as regards Scotland be read as meaning 'area council' or 'area'. 3.10 'Hearing' shall mean the Hearing conducted by the Assembly Commission or the Appeals Commission under Section E or Section G of the Rules of Procedure. 3.11 'Investigation' shall mean the process of investigation carried out by the Mandated Group as set out in Section D of the Rules of Procedure. 3.12 'Mandated Group' shall mean the group mandated to act in the name of a District Council under Section B of the Rules of Procedure and in any case where the Referral Notice has been issued in the name of a council other than the District Council the expression 'Mandated Group' shall where the context so permits be construed as a reference to the member or members (not exceeding three) of any corresponding group of such other council. 3.13 'Minister' shall mean a person whose name is on the Roll of Ministers and who is under consideration within the Section O Process. 3.14 'Notice of Appeal' shall mean a Notice specified in the Rules of Procedure whereby either of the parties in any case indicates his/her/its intention to appeal against the decision of the Assembly Commission. 3.15 'Notice of Reference back' shall mean a Notice from the Appeals Commission of any reference back for re-hearing by the Assembly Commission under Paragraph 14.7. 3.16 'Parties' shall mean (i) the Council, which for the purpose of the Section O Process shall act solely and exclusively through its Mandated Group, and (ii) the Minister. 3.17 'Referral Notice' shall mean a Notice specified in the Rules of Procedure whereby a case concerning Ministerial Discipline is referred into the Commission Stage and shall contain the statement of reasons for such referral. 3.18 'Roll of Ministers' shall have the meaning given to it in Paragraph 1 of Schedule E to the Basis of Union. 3.19 'Rules of Procedure' shall mean the Rules of Procedure governing the system of ministerial discipline commencing with the exercise by the District Council, Synod or General Assembly of its function as set out in Paragraph 2(3)(xviii), Paragraph 2(4)(xiv) or Paragraph 2(5)(xxiii) of the Structure as the case may be and continuing throughout the Section O Process such Rules being contained in Part II of Section O. 3.20 'Secretary of the Assembly Commission' shall mean the person appointed by the General Assembly on the advice of the Nominations Committee to be responsible for all secretarial and procedural matters laid upon him/her by virtue of the Section O Process, and the period and terms of office of that person shall be such as the General Assembly shall decide. 3.21 'Section O Process' shall mean the whole Process set out in this Section O (subject to such variations as shall from time to time be made) 3.22 'Structure' shall mean the Structure of the United Reformed Church. 3.23 'Suspension' and 'to suspend' shall have the meanings assigned to them in Paragraphs 3 and 4 of Schedule E to the Basis of Union. 3.24 'Synod Panel' shall mean the Panel to be set up by each Synod from which the Mandated Group shall be appointed as set out in Section B of the Rules of Procedure.' Paragraph 4 After the words 'Nominations Committee' insert the words '(or such other committee as may in the future perform the functions of the existing Nominations Committee)'. Paragraph 5 Delete Paragraphs 5.1 and 5.2 and substitute the following :- '5 The Commission Stage shall be initiated in every case by the service upon the Secretary of the Assembly Commission of a Referral Notice in the name of the District Council, the Synod or the General Assembly (or Mission Council acting on its behalf) in pursuance of their respective functions as contained in the Structure and in accordance with the Rules of Procedure.' Paragraph 7 In Paragraph 7.2 delete the words 'a Minister, or the council lodging the Referral Notice' and substitute the words 'either of the Parties'. Paragraph 10 In Paragraph 10.2.2 add the following words at the end: 'or guidance in accordance with paragraph 16.1.4'. Paragraph 11 In Paragraph 11.2 delete the opening words 'The council of the Church which lodged the Referral Notice in any case may' and substitute the words: ' The Mandated Group of the Council which lodged the Referral Notice in any case may in the name of that Council'. Delete the word 'concerned' after the word 'Minister'. Also add the following sentence at the end of Paragraph 11.2 :- '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.' Paragraph 12 In Paragraph 12 delete the first sentence and substitute the following :- 'The Appeals Commission for the Hearing of each Appeal shall consist of five (5) persons and shall include the Moderator of the General Assembly (subject to the provisions of Paragraphs 7.1.1 and 7.1.2).' Paragraph 14 In Paragraph 14.7, after the words 'of the information before it' insert the words 'or of any aspect of the Section O Process itself'. Paragraph 16 In Paragraph 16.1.3, after the word 'Roll' insert the words 'of Ministers'. Paragraph 17 In Paragraph 17.2 add the following words at the end :- ' , provided that, where the Mandated Group has formally signified to the Assembly Commission that it does not intend to press the case for any disciplinary action to be taken against the Minister and provided that the Assembly Commission decides not to issue a written warning, the Assembly Commission may as an appendage to its decision not to delete state that the Minister's suspension shall terminate with immediate effect.' Paragraphs 19 and 20 In both paragraphs, delete the word 'concerned'. Paragraph 21 In Paragraph 21 after the words 'applying for training' in the final sentence insert the words 'for the ministry' and delete the bracketed words '(local church, district, national assessment, synod)'. Paragraph 22 In Paragraph 22 delete the words 'of the United Reformed Church'.
A.1 'Paragraph 3.2'becomes 'Paragraph 3'. A.2 Delete this Paragraph A.3 Delete this Paragraph A.4 Delete this Paragraph A.5 This becomes Paragraph A.2 A.6 This becomes Paragraph A.3 'Section O Process' becomes 'Commission Stage'. A.7 This becomes Paragraph A.4. 'The Ministerial Disciplinary Process' and 'the Disciplinary Process' both become 'the Section O Process'. A.8 This becomes Paragraph A.5 A.6 Add a new Paragraph as follows: 'In any case where the Secretary of the Assembly Commission is unable for any reason to carry out the duties of that office, his/her place shall be taken by a deputy duly authorised by or in the name of General Assembly. B.1 This becomes Paragraph B.1.1. After 'Structure' delete 'of the United Reformed Church'. After 'District Council shall act' insert 'solely'. 'on behalf of' becomes 'in the name of'. B.1.2 Add a new Paragraph as follows: '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 'the Mandated Group' becomes 'the Standing Mandated Group for each District Council under Paragraph B.3'. B.5.1 After 'Moderator of the Synod' delete 'or his/her duly appointed deputy'. Replace the final sentence with the following two sentences: 'If only one member of the Standing Mandated Group 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 Standing Mandated Group. If two members of the Standing Mandated Group are disqualified or otherwise unable to act, there is no mandate for the remaining member to act alone.' B.5.2 Replace this paragraph with: '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 Paragraphs 7.1.1 and 7.1.2 of Part I.' B.6. This becomes Paragraph B.6.1. In the expression 's/he may forthwith' 'may' becomes 'shall'. Before 'Mandated Group' remove 'Standing'. At the end of the paragraph, remove the full-stop and continue: ', at the same time informing the Minister that this step has been taken.' B.6.2 Add a new Paragraph as follows: '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 Paragraph B.8.2).' B.6.3 Add a new Paragraph as follows: '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 Add a new Paragraph as follows: '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 Moderator or other 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 Replace the whole of Paragraphs B.7, B.7.1 and B.7.2 with: 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 Moderator of the Synod 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 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 and the Council in whose name it conducted the initial enquiry. B.7.3 On receipt of a Notice of Non-Continuance the Moderator or other 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 Moderator or other 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.8.1 After the words 'suspend the Minister' insert the words '(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)'. 'the Section O Process' becomes 'the Commission Stage'. After the word 'Suspension' at the beginning of the penultimate sentence insert 'under this Paragraph' and after the word 'Suspension' at the beginning of the final sentence replace 'given' with 'imposed'. B.8.2 After 'Suspension' at the beginning of this Paragraph insert ',whether imposed under Paragraph B.6.2 or Paragraph B.8.1,'. B.8.4 Add a new Paragraph as follows: '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.9.1 'Paragraph 2.(4)(xv)' becomes ' Paragraph 2.(4)(xiv)'. After 'Structure' delete 'of the United Reformed Church'. After 'the General Assembly shall act' add 'solely'. 'on behalf of' becomes 'in the name of'. B.9.2 In the expression 's/he may forthwith' 'may' becomes 'shall'. After 'Synod Panel for that Synod' delete 'and' and continue ', at the same time informing the Minister that this step has been taken.' Then the text continues with a new sentence 'The Mandated Group so appointed .....'. At the end of the Paragraph, 'Paragraph B.6'becomes 'Paragraph B.6.1'. B.9.3 In the expression 's/he may forthwith' 'may' becomes 'shall'. 'from a Synod Panel' becomes 'drawn from the Panels of Synods'. After 'out of which the case arises' delete 'and' and continue ', at the same time informing the Minister that this step has been taken'. Then the text continues with a new sentence 'The Mandated Group so appointed .....'. At the end of the Paragraph 'Paragraph B.6' becomes 'Paragraph B.6.1'. B.9.4 'Paragraphs B.2, B.4, B.5, B.7 and B.8' becomes 'Paragraphs B.2, B.4, B.5, B.6.2, B.6.3, B.6.4, B.7, B.8, B.10 and B.11'. In the first sub-paragraph 'Paragraph B.5' becomes 'Paragraph B.5.1'. In the second sub-paragraph, after 'in consultation' insert '(where practical and appropriate)'. B.9.5 Add a new Paragraph as follows: '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 Replace Paragraphs B.10, B.10.1 and B.10.2 with new Paragraphs B.10, B.10.1 and B.10.2 as follows: 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). C.1.3 'from the Minister and the Council to the Notice' becomes 'from the Parties regarding the Notice'. 'Paragraph G.9.2'becomes 'Paragraph G.12.1'. C.1.5 Replace with a new Paragraph as follows: 'Inform the General Secretary, the Moderator of the Synod and the Secretary of the District Council of the receipt of the Referral Notice but not of the contents thereof, apart from the name of the Minister.' C.3.1 'together with a copy of the Referral Notice and of any response from the Minister.' becomes 'stating the name of the Minister but containing no further details of the case'. 'Such' becomes 'The'. C.4.1 'the Minister and the Council' becomes 'the Parties'. C.4.3 'Section O Process' becomes 'Commission Stage'. C.4.7 'those concerned' becomes ' the Parties'. C.6.1 'Section O Process' becomes 'Commission Stage'. C.6.2 'less' becomes 'fewer'. D.1 'on behalf of' becomes 'in the name of'. D.2 'it' becomes 'the Mandated Group'. D.4 Replace the existing paragraph with a new paragraph as follows: 'In cases where Paragraph E.7.1 applies, the Mandated Group may itself monitor the criminal proceedings, but shall otherwise for the period specified in that Paragraph suspend its own investigation of any matter under the Section O Process which might also be related to the criminal proceedings.' E.2 'Paragraph E.5.1'becomes 'Paragraph E.5'. E.3.2 'the Minister and the Mandated Group' becomes 'each of the Parties'. E.3.2.3 'invite' becomes 'call upon'. E.3.2.4 'invite' (when the expression first appears) becomes 'call upon'. E.3.2.5 'invite the Council' becomes 'call upon the Mandated Group'. After 'member of the Mandated Group' delete 'or the Council' and after 'the general presentation of the case' delete 'for the Council'. E.3.2.6 Replace the existing paragraph with a new paragraph as follows: 'call upon the Minister to state whether s/he wishes to have a person present with him /her at the Hearing pursuant to Paragraph E.10.1 and, if so, call upon the Minister to indicate the name and status of such person and whether s/he will be present to give the Minister support and advice under Paragraph E.10.1.1 or to present the Minister's case under Paragraph E.10.1.2.' E.4.1 After 'Paragraph E.3'delete 'of these Rules'. E.5.1.1 At the end of the Paragraph, delete the full stop and add 'and'. E.5.2 Replace the existing paragraph with a new paragraph as follows: 'Having notified the Parties prior to the Hearing, the Assembly Commission may invite any person with expert or specialist knowledge in any particular field to attend the Hearing with a view to that person giving evidence at the Hearing and may issue such requests and directions in that connection as it considers appropriate.' E.7.1 'Paragraph E.9' becomes 'Paragraph E.9.1'. E.7.2.3 The existing E.7.2.3 becomes E.7.2.4 and a new E.7.2.3 shall be inserted as follows: 'criminal offences relating to stalking and/or sexual harassment.' E.7.3 The existing Paragraph E.7.3 becomes new Paragraph E.7.5 (see below). E.7.4 The existing Paragraph E.7.4 becomes Paragraph E.7.3 and there shall be a new Paragraph E.7.4 as follows: 'It shall be the responsibility of the Mandated Group to procure a duly certified Court record or memorandum of the decision of the criminal or civil court in connection with any such case and to lodge it with the Secretary of the Assembly Commission, whereupon the Section O Process shall be re-activated and the case brought to a Hearing as soon as possible.' E.7.5 The existing Paragraph E.7.3 becomes Paragraph E.7.5 with the following change: 'being so found guilty of any such offence(s)' becomes 'being convicted of any criminal offence whether or not within the categories listed in Paragraph E.7.2'. E.8.3 At the end of the Paragraph, delete the full stop and add 'and/or'. E.8.4 Add a new E.8.4 as follows: 'Any conduct on the part of the Minister during his/her suspension under the Section O Process which breaches or contravenes Paragraph 4 of Schedule E to the Basis of Union.' E.9 The existing Paragraph E.9 becomes Paragraph E.9.1. E.9.2 Add a new Paragraph as follows: 'If as a result of its investigation during the Commission Stage, the Mandated Group unanimously comes to the view that no breach of discipline on the part of the Minister has occurred or at least that no breach can be established to the standard of proof required, it may give written notice to the Secretary of the Assembly Commission before the Hearing date that as a consequence it does not intend to press the case against the Minister. Thereupon the members of the Assembly Commission shall consult together to decide whether they still require the Parties to attend a formal Hearing before them or whether in the circumstances their attendance can be dispensed with. If they elect for the former, the Hearing will take place as planned. If they elect for the latter, they may in consultation together dispense with the formal Hearing and come to the decision to allow the name of the Minister to remain on the Roll of Ministers under Paragraph 10.1 of Part I. If this procedure is adopted, the said consultation shall constitute the Hearing and its decision shall be effective for all purposes as though a formal Hearing had taken place.' E.9.3 Add a new Paragraph as follows: 'Paragraph E.9.2 shall not apply where the Mandated Group, whilst not pressing the case for deletion, requests the Assembly Commission to issue a written warning under Part I Paragraph 10.2.1. In such a case a formal Hearing shall take place.' E.10.1.1 'his/her own case' becomes 'his/her response' and 'the Minister's case' becomes 'the Minister's response'. E.10.1.2 'case' becomes 'response' twice. E.10.2 Replace the existing Paragraph with the following: 'Neither the spokesperson nominated by the Mandated Group in accordance with Paragraph E.3.2.5 nor the Minister's accompanying person invited to present his/her response under Paragraph E.10.1.2 shall be permitted to give evidence in the case or personal testimony as to the Minister's character, either by written statement or orally at the Hearing. Where the Minister has invited a person to be present at the Hearing to give support and advice only under Paragraph E.10.1.1, the Assembly Commission may, in its absolute discretion if it sees fit, consider a written statement received from such person prior to the Hearing strictly limited to personal testimony as to the character of the Minister, but shall not permit him/her to give evidence in the case or oral testimony as to character at the Hearing.' E.11 'less' becomes 'fewer'. E.12.1 '(see Paragraph E.12.3)' becomes '(see Paragraphs A.6 and E.12.3)'. 'The spokesperson for the Council' becomes 'the spokesperson for the Mandated Group'. 'The representative of the Church's legal advisers (if invited by the Assembly Commission to be present)' becomes 'A representative of the Church's legal advisers'. Add a further category of persons permitted to attend the Hearing: 'Any persons responsible for operating the recording equipment or otherwise preparing the verbatim record of the proceedings referred to in Paragraph E.12.4.' E.12.2 'keeping a formal record of the Hearing' becomes 'ensuring compliance with Paragraph E.12.4'. E.12.3 After 'Assembly Commission' (the second time these words appear) 'may' becomes 'shall'. 'the Secretary' (the second time these words appear) becomes 'him/her'. Add the following sentence at the end of the paragraph: 'Such person shall carry out the duties set out in Paragraph E.12.2 but shall not be present when the Assembly Commission deliberates and decides upon the case.' E.12.4 Add a new paragraph as follows: 'The Secretary of the Assembly Commission or his/her deputy shall prepare a summary minute of the proceeds at the Hearing (the Secretary's minute). Where possible, a verbatim record of the proceedings shall also be made by electronic recording or by such other means as shall be directed by the Convener of the Assembly Commission. The Record of the Hearing shall consist of the Secretary's minute together with any such verbatim record, which shall be transcribed in the event of an appeal.' E.13.2 (twice), E.13.3, E.13.4 and E.13.6 'Council' becomes 'Mandated Group'. E.14.3 'may, at the invitation of the Assembly Commission, be present at the Hearing to advise' becomes 'shall normally be present at the Hearing (unless his/her attendance has been expressly dispensed with by the Assembly Commission) in order to advise and address'. E.15 The existing Paragraphs E.15.1 and E.15.2 are deleted, to be replaced by the following Paragraph E.15: 'At the Hearing the Parties shall be allowed to question any such person as attends the Hearing under Paragraph E.5.2 and to comment on any evidence, information, opinion or advice offered by him/her.' E.16.1.1 'Council' becomes 'Mandated Group'. E.16.2 At the beginning of the paragraph, insert 'During the Commission Stage of any case brought against a Minister,'. 'considered in the course of any previous referral into the Section O Process in respect of the Minister unless (i) the decision taken as a result of such previous referral' becomes 'part of the body of evidence laid before any Assembly Commission or Appeals Commission during the Commission Stage of any previous case brought against that Minister unless (i) the decision reached in the previous case'. After 'in the opinion of the' insert 'current'. Add the following sentence at the end: 'The Secretary of the Assembly Commission shall have authority to inspect the papers of that earlier case for the sole purpose of ensuring compliance with this Paragraph.' E.16.3 'occurring after the inception of the Section O Process' becomes 'arising during the Commission Stage'. 'the Minister and the Council' becomes 'each of the Parties'. E.17 After 'Hearing' (when it first appears) insert '(as distinct from those serving the Assembly Commission in compliance with Paragraph E.12.4)'. E.18 'Council' becomes 'Mandated Group'. At the end of the paragraph 'the Assembly Commission shall conclude the Hearing' becomes 'the Convener of the Assembly Commission shall announce to the Parties that the members of the Assembly Commission would at that point retire to consider their decision which would not be announced that day but would be notified to the Parties in accordance with Paragraph F.3. The Hearing is thus concluded.'. F.2 Insert a new paragraph as follows: 'The decision so taken shall conclude the involvement of the Assembly Commission in the Section O Process, except as to the discharge of its responsibilities under Paragraph J.2, and shall have the effect provided for in Paragraph 17 of Part I.' F.3 The existing Paragraphs F.2, F.2.1 and F.2.2 are now renumbered F.3, F.3.1 and F.3.2. F.3.1 'within 7 days' becomes 'within 10 days of the date of the decision'. 'Council' becomes 'Mandated Group' twice. Delete 'and the General Secretary and the Moderator of the Synod'. 'Paragraph G.1'becomes 'Paragraph G.1.1'. F.3.2 Replace the existing paragraph with the following new paragraph: 'If Paragraph 10.2 of Part I applies, s/he shall at the same time (i) serve on the Minister any written warning referred to in that Paragraph, (ii) send a copy thereof to the Mandated Group and (iii) send to the Minister and the Mandated Group copies of any recommendations or guidance appended to the decision of the Assembly Commission under Paragraph 16.1.3 or Paragraph 16.1.4 of Part I as the case may be.' F.3 and F.4 The original Paragraphs F.3 and F.4 are deleted, being replaced with some changes by Paragraphs F.2 and J.1. F.4 Add new Paragraphs F.4, F.4.1, F.4.2 and F.4.3 as follows: F.4 F.4.1 At the same time as s/he serves on the Minister and the Mandated Group the documents referred to in Paragraphs F.3.1 and F.3.2, the Secretary of the Assembly Commission shall send to the General Secretary, the Moderator of the Synod and the Secretary of the District Council a Notice to the effect that a decision has been reached by the Assembly Commission, simply stating whether the decision of the Assembly Commission has been to delete or to retain the name of the Minister on the Roll of Ministers, and, if the latter, whether or not a decision to issue a written warning was also made. Such notice shall not contain any further information other than that the decision is still subject to the possibility of an appeal being lodged and that a further Notice will be sent under Paragraph F.4.3 (if there is no Appeal) or under Paragraph G.1.2.1 or Paragraph G.1.2.2 (if there is an Appeal). F.4.2 If an appeal is lodged by either Party, the procedure contained in Section G of these Rules of Procedure shall apply. F.4.3 If within the time specified in Paragraph G.1.1 (or such further time as may be appropriate if the Secretary of the Assembly Commission shall receive from either Party an application under Paragraph G.1.3 for permission to lodge an appeal out of time) no appeal is lodged by either Party, the Secretary of the Assembly Commission shall notify the General Secretary, the Moderator of the Synod and the Secretary of the District Council of that fact within 10 days of the expiration of such period (or within 10 days of the decision itself if the proviso to Paragraph 17.2 of Part I applies) and at the same time shall send to those persons copies of the documents sent to the Minister and the Mandated Group in accordance with Paragraphs F.3.1 and F.3.2. G.1.2 Replace this Paragraph with the following Paragraphs: G.1.2 G.1.2.1 The Secretary of the Assembly Commission shall forthwith notify the General Secretary that an Appeal has been lodged, at the same time passing on to the General Secretary the Notice of Appeal together with the body of papers laid before the Assembly Commission in hearing the case and the Record of the Hearing as defined in Paragraph E.12.4. The General Secretary shall thereupon act in a secretarial and administrative capacity in all matters relating to the Appeal. G.1.2.2 At the same time the Secretary of the Assembly Commission shall also notify the Moderator of the Synod and the Secretary of the District Council that an Appeal has been lodged against the decision of the Assembly Commission. G.1.4 'content' becomes 'context'. G.2.1 After 'Notice of Appeal' remove the full stop and add ', send to the Appellant a copy of the Record of the Hearing (see Paragraph E.12.4) and follow the procedure set out in either Paragraph G.2.2 or Paragraph G.2.3.'. G.2.2 'Council' becomes 'Mandated Group' three times. 'Paragraph G.1'becomes 'Paragraph G.1.1'. After 'statement of reasons' insert 'and a copy of the Record of the Hearing (see Paragraph E.12.4)'. 'invite' becomes 'call upon'. Remove the full stop at the end and add 'or'. G.2.3 'Council' becomes 'Mandated Group'. 'Paragraph G.1'becomes 'Paragraph G.1.1'. After 'statement of reasons' insert 'and a copy of the Record of the Hearing (see Paragraph E.12.4)'. 'invite' becomes 'call upon'. G.3 'Paragraph G.1'becomes 'Paragraph G.1.1'. G.4.1 Replace the existing Paragraph G.4.1 (including its sub-paragraphs) with the following Paragraph: 'The General Secretary shall send to each of the proposed appointees for the Appeals Commission an invitation to serve on the Appeals Commission for the hearing of the Appeal in that case, naming the Minister concerned but supplying no further information about the case.' G.5.1 'the Minister and the Council' becomes 'the Parties'. G.5.7 'those concerned' becomes 'the Parties'. G.7.2 'less' becomes 'fewer'. G.7.5 Before 'the Moderator of the General Assembly' delete 'either' and after those words delete 'or the Clerk to the General Assembly'. G.8 Insert new Paragraphs G.8 and G.8.1/G.8.8 as follows: G.8 Each member of the Appeals Commission when appointed shall receive from the General Secretary copies of the following: G.8.1 Notice of the Assembly Commission's decision. G.8.2 Any statement of reasons given by the Assembly Commission. G.8.3 Any written warning issued G.8.4 Any recommendations or guidance appended to the decision in accordance with Paragraph 16.1.3 or Paragraph 16.1.4 of Part I as the case may be. G.8.5 The Notice of Appeal, containing the grounds for the appeal. G.8.6 Any counter-statement received under Paragraph G.2.2 or Paragraph G.2.3. G.8.7 The body of papers laid before the Assembly Commission in hearing the case. G.8.8 The Record of the Hearing (see Paragraph E.12.4). G.8.1 The original Paragraph G.8.1 becomes Paragraph G.9 and the original Paragraphs G.8.1.1, G.8.1.2 and G.8.1.3 become Paragraphs G.9.1, G.9.2 and G.9.3. G.9.3 In this Paragraph as re-numbered 'of the information before it by the Assembly Commission' becomes 'by the Assembly Commission of the information before it or of any aspect of the Section O Process itself'. G.8.2 The original Paragraph G.8.2 becomes Paragraph G.10 and the original Paragraphs G.8.2.1, G.8.2.2, G.8.2.3, G.8.2.4, G.8.2.5 and G.8.2.6 become Paragraphs G.10.1, G.10.2, G.10.3, G.10.8, G.10.9 and G.10.10 (additional Paragraphs G.10.4, G.10.5, G.10.6 and G.10.7 being inserted as stated below). G.10.4. Insert a new Paragraph as follows: 'The General Secretary shall (unless excluded for the reasons specified in Paragraph 7.1.1 or Paragraph 7.1.2 of Part I) attend the Hearing for the purpose of giving such procedural advice to the Appeals Commission as may be appropriate and of keeping a formal record of the Hearing: S/he shall not be present when the Appeals Commission deliberates and decides on the case.' G.10.5 Insert a new Paragraph as follows: 'If the General Secretary cannot for any reason be present at the Hearing, the Appeals Commission shall itself appoint such person as it considers appropriate to deputise for him/her for that purpose, ascertaining beforehand that such person is not excluded for reasons specified in Paragraph 7.1.1 or Paragraph 7.1.2 of Part I. Such person will carry out the duties set out in Paragraph G.10.4 but shall not be present when the Appeals Commission deliberates and decides on the case.' G.10.6 Insert a new Paragraph as follows: 'The General Secretary or his/her deputy appointed under Paragraph G.10.5 shall prepare a summary minute of the proceedings at the Hearing (the Secretary's minute). Where possible, a verbatim record of the proceedings shall also be made by electronic recording or by such other means as shall be directed by the Convener of the Appeals Commission. The Record of the Hearing shall consist of the Secretary's minute together with any such verbatim record.' G.10.7 Insert a new Paragraph as follows: 'A representative of the Church's legal advisers shall normally be present at the Hearing in order to advise and address the Appeals Commission on matters referred to in Paragraph 18 of Part I, but s/he shall not take any part in the decision reached by the Appeals Commission, nor shall s/he be present when the Appeals Commission deliberates and decides upon the case.' G.11 The original Paragraph G.11 is deleted, re-appearing as part of new Paragraph J.1. G.9.1 The original Paragraph G.9.1 becomes Paragraph G.11. After 'the Parties' insert 'and of the General Secretary and of the legal adviser'. G.12 and G.13 The original Paragraphs G.9.2, G.10.1, G.10.2 and G.10.3 are deleted, to be replaced with some amendments by new Paragraphs G.12 and G.13 as follows: G.12 'As regards the notification of the decision, the General Secretary shall comply with the following: G.12.1 S/he shall within 10 days of the date of the decision serve on the Minister and the Mandated Group notice of the decision and of the written Statement of Reasons given under Paragraph 16.1 of Part I. G.12.2 If the decision is taken in accordance with either Paragraphs 14.3 or 14.6 of Part I, the General Secretary shall at the same time serve on the Minister the written warning referred to in those Paragraphs and shall send a copy thereof to the Mandated Group. G.12.3 If the decision is taken in accordance with Paragraph 14.4 of Part I, the General Secretary shall at the same time serve on the Minister and on the Mandated Group notice that the written warning issued following the decision of the Assembly Commission is withdrawn. G.12.4 If Paragraph 10.2.2 of Part I applies, s/he shall at the same time send to the Minister and the Mandated Group notice of any recommendations or guidance appended to the decision of the Appeals Commission under Paragraph 16.1.3 or Paragraph 16.1.4 of Part I as the case may be. G.12.5 S/he shall at the same time send to the Secretary of the Assembly Commission, the Moderator of the Synod and the Secretary of the District Council copies of the documents served on the Minister and the Mandated Group under Paragraphs G.12.1 to G.12.4. G.13 If the decision is taken in accordance with Paragraph 14.7 of Part I, the Notice served by the General Secretary under Paragraph G.12.1 shall constitute a Notice of Reference Back. The Assembly Commission appointed for the re-hearing of the case shall not be given any information relating to the conduct of the previous Hearing but may have sight of the documents, statements and information delivered to the Assembly Commission under the provisions contained in Section E.' G.14 Add a new Paragraph as follows: 'The decision so taken shall conclude the involvement of the Appeals Commission in the Section O Process except as to the discharge of its responsibilities under Paragraph J.2 and shall have the effect provided for in Paragraph 17 of Part I.' H.1 Delete the sentence: 'Copies of these forms can be obtained from the Secretary of the Assembly Commission.' H.2.2 'Council' becomes 'Mandated Group'. H.2.2.1 Replace this with the following Paragraph: 'By delivering the document personally to that member of the Mandated Group who has been nominated in the Referral Notice to accept service or in the absence of such nomination to the person who signed the Referral Notice, provided that in either case such person is still a member of the Mandated Group when such service is required to be effected.' H.2.2.2 'such nominated person' becomes 'the person referred to in Paragraph H.2.2.1'. 'to the spokesperson for the Mandated Group' becomes 'at the address given in the Referral Notice'. H.2.5 'pre-paid first class' becomes 'first class pre-paid' (for consistency with the earlier references in Paragraph H.2). H.4 and H.5 These are deleted to reappear, slightly reworded, as Paragraphs J.2 and J.3. After Section H add the following words in italics: For the avoidance of confusion, there is no Section I, the Rules of Procedure moving directly from Section H to Section J. J. Add a new Section J as follows:
J REPORT TO GENERAL ASSEMBLY, COSTS AND RETENTION OF RECORDS AND PAPERS J.1 The General Secretary shall report to the General Assembly all decisions reached by the Assembly Commission and the Appeals Commission in the following manner: J.1.1 If a decision of the Assembly Commission is subject to appeal, the Report shall simply state that a decision has been reached in a case which is subject to appeal and shall not name the Minister. J.1.2 If a decision of the Assembly Commission is not subject to appeal and is to delete under Paragraph 10.1 of Part I or to issue a written warning under Paragraph 10.2.1 of Part I, the Report shall so state and name the Minister. J.1.3 If a decision of the Assembly Commission is not subject to appeal and is to allow the name of the Minister to remain on the Roll of Ministers under Paragraph 10.1 of Part I without the issue of a written warning under Paragraph 10.2.1 of Part I the Report shall so state without naming the Minister. J.1.4 In any case which goes before the Appeals Commission, if the decision is to delete or to issue a written warning, the report shall accord with Paragraph J.1.2 above but if the decision is to allow the Minister's name to remain on the Roll of Ministers without the issue of a written warning, the report shall accord with Paragraph J.1.3 above. J.2 The cost of operating the Section O Process and the reasonable and proper expenses of persons attending a Hearing and the costs of any reports obtained by or on the authority of the Assembly Commission or the Appeals Commission or any other costs and expenses which the Assembly Commission or the Appeals Commission deem to have been reasonably and properly incurred in the course of such process (but excluding any costs of representation) shall be charged to the general funds of the Church, and the Report of each case to the General Assembly shall state the total cost incurred in that case. J.3 The Secretary of the Assembly Commission shall be responsible for the keeping of the record of decisions taken by the Assembly Commission and by the Appeals Commission, and for the custody of all papers relating to concluded cases, which shall be kept in a locked cabinet at Church House.
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