Mission
Council Resolutions
Resolution 6
Declaration of a Safe Church
– a Charter for Action
(report
paragraph 4.1)
General Assembly
a) accepts the Declaration of a Safe Church
b) instructs all General Assembly committees to operate within it;
c) urges synods, district councils and local churches to affirm the
declaration, resolve to apply it in all aspects of their life and work; and
synods to report their response to Mission Council by March 2006.
Resolution 7
Revised Ethical Investment Policy
(report paragraphs
5.2.5– 5.2.16)
General Assembly recommends that trustees and all those with investment
responsibilities connected with the United Reformed Church should avoid any
investment in:
a) companies directly engaged in the manufacture or supply of weapons of
destruction;
b) companies a significant part of whose business is in the supply of
alcoholic drinks or tobacco products or military equipment (other than weapons
of destruction); or the provision of gambling facilities; or the publication or
distribution of pornography.
General Assembly notes that the definition of these activities, or of what
constitutes a significant part of a company’s business, requires judgement and
the Ethical Investment Advisory Group (EIAG) of Mission Council is available to
offer advice. In general, EIAG will deem “significant” to mean where the share
of turnover derived from the activity concerned is more than around 10-20% of
the company’s total turnover.
General Assembly recognises that this policy can only be advisory as the
responsibility of specific investment decisions remains with each body of
trustees.
Resolution 8
Changes to Section O Part II
(report paragraph 5.3.1)
General Assembly agrees to make the following changes to Part II of the Section
O Process for Ministerial Discipline:
Paragraph B.1.1
Replace the word ‘three’ with the word ‘four’.
Paragraph B.2
Replace the existing Paragraph B.2 with the following:
B.2 ‘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.
B.2.2 The two remaining persons shall be appointed on to the Mandated Group for
that case by the Deputy General Secretary from the Joint Panel in accordance
with the procedure set out
in Paragraph B.3.’
Paragraph B.3
Replace the existing Paragraph B.3 with the following:
B.3.1 ‘Mission Council shall constitute and maintain a Standing Panel (‘the
Joint Panel’) consisting of a maximum of twenty-six persons, of whom two shall
be nominated by each Synod and selected preferably on account of some legal or
tribunal or similar experience or expertise.
B.3.2 The function of those serving on the Joint Panel shall be to participate
as members of Mandated Groups, in cases arising either under Paragraph B.6.1
(District Council) or Paragraph B.9.1 (Synod) (in both of which cases two
members of the Joint Panel will be required to serve) or under Paragraph B.9.3
(General Assembly or Mission Council on its behalf) (in which case all four
members of the Mandated Group will be drawn from the Joint Panel).
B.3.3 The Deputy General Secretary, in consultation with such other officers
of General Assembly as s/he considers appropriate, shall select persons from the
Joint Panel to serve on Mandated Groups as required and shall liaise with those
persons and with the person calling in the Mandated Group and such other persons
as may be necessary.’
Paragraph B.4
After the words ‘Synod Panel’ add the words ‘or the Joint Panel’.
Paragraph B.5.1
On every occasion when the expression ‘Standing Mandated Group’ appears,
delete the word ‘Standing’.
Replace the words ‘…the Standing Mandated Group…’ (the first time they
appear) with the words ‘…either of the Panels…’.
Replace the words ‘…the Moderator of the Synod shall appoint another member
of the Synod Panel…’ with the words ‘…then, if the disqualified person is
a member of the Synod Panel, the Moderator of the Synod shall appoint another
member of that Panel and, if the disqualified person is a member of the Joint
Panel, the Deputy General Secretary shall appoint another member of that
Panel…’.
Replace the words ‘…the remaining members of the Standing Mandated Group…’
with the words ‘…its remaining members…’.
Paragraph B.6.1
The existing B.6.1 to become B.6.1.1 and a new B.6.1.2 to
be added as follows:
B.6.1.2 ‘The person calling in the Mandated Group shall in so doing take
the following steps (with the participation at the appropriate time of the
Deputy General Secretary):
(i) s/he 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;
(ii) s/he shall request the Deputy General Secretary to appoint two
persons onto the Mandated Group from the Joint Panel, advising him/her of the
identity of the minister but giving no further information at that point;
(iii) whereupon the Deputy General Secretary shall select two persons from
the Joint Panel to form part of the said Mandated Group, notifying them of their
participation and advising them of the identity of the minister but giving no
further information at that point and shall notify the person responsible for
calling in the Mandated Group of the names of the persons who will serve;
(iv) in the event that any of the proposed appointees on to the Mandated
Group is unable or unwilling to act, the process(es) of appointment from the
Synod Panel and/or the Joint Panel shall continue until a Mandated Group
consisting of four members has been duly constituted;
(v) 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.’
Paragraph B.8.1
After the word ‘concludes’ insert the words ‘unanimously or by a
majority’.
Paragraph B.9
Make the following changes at Paragraph B.9:
B.9.1 Replace the word ‘…three…’ with the word ‘…four…’.
B.9.2 Replace the existing B.9.2 with the following:
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 of that Synod, s/he shall forthwith in the name of the Synod
appoint two persons from the Synod Panel for that Synod to form part of the
Mandated Group for the particular case, at the same time informing the minister
that this step has been taken and requesting the Deputy General Secretary to
appoint two persons onto the Mandated Group from the Joint Panel, whereupon the
procedure for the constitution of the Mandated Group shall follow that laid down
in Paragraph B.6.1.2. The Mandated Group so appointed shall be deemed to be
called in and vested with authority in like manner to a Mandated Group called in
under Paragraph B.6.1.’
B.9.3 Replace the
words ‘…a Mandated Group for the particular case drawn from the Panel of
Synods other than that of the Synod out of which the case arises…’ with the
words ‘…a Mandated Group of four persons for the particular case all drawn
from the Joint Panel…’.
Replace the words ‘…the Standing Mandated Group of a District Council…’
with the words ‘…a Mandated Group…’.
B.9.4 Replace the words ‘..B.10 and B.11..’ with the words ‘..B.10,
B.11 and B.12’.
Delete the Paragraph which begins with the words ‘In Paragraph B.5.1…’.
Replace the paragraph beginning ‘In Paragraph B.7.1…’ with:
‘In Paragraph B.7.1, in the case of a Mandated Group appointed in the name of
General Assembly the words ‘Deputy General Secretary’ shall replace ‘Moderator
of the Synod’.
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 twentyeight 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 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 sole 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.’
Resolution 9
Replacement of the existing Section O, Part I
(report
paragraph 5.3.2)
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 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 may also
decide to make a recommendation/referral in accordance with provisions of
Paragraph 1.3. Under the Section O Process the Assembly 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 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 Ministerial Disciplinary
proceedings 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 and under those Rules that person 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 Ministerial Disciplinary 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 Ministerial Disciplinary 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 case 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, 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 arising under the Section O Process 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 10
Introduction of a new procedure to be known as the Ministerial Incapacity Procedure
(report paragraph 5.3.3-5.3.4)
General Assembly
a) 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 unfit to exercise ministry on
account of medical, psychological or other similar or related reasons and
b) approves Part I of that Procedure in the form set out below and
c) notes the intention to introduce Part II thereof to coincide with the
intended ratification of this resolution at the General Assembly of 2006:
SECTION [ to be inserted ]
PROCEDURE FOR DEALING WITH CASES
OF MINISTERIAL INCAPACITY
PART I – SUBSTANTIVE PROVISIONS
(governed by General Assembly Function 2(5))(xi)
of the Structure of the United Reformed Church)
Note: The words and expressions marked * are defined in the Rules of
Procedure contained in Part II of this Procedure.
1. Under the provisions of this Ministerial 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 unfit to exercise, or to continue to exercise,
ministry on account of medical, psychological or other similar or related
reasons.
2. The Review Commission, the Standing Panel* the Appeals Review
Commission, and all aspects of the Ministerial 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 Ministerial Incapacity Procedure, save only that, as 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 the Ministerial 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 . 3.1 Subject only to the provisions of Paragraph 3.2, when the case of
any Minister is being dealt with under the Ministerial 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.
3.2.1 If it considers that, in a case within the Ministerial
Incapacity Procedure, an issue of Ministerial Discipline is or may be involved,
the Review Commission or, in the event of an appeal, the Appeals Review
Commission may make a Referral Order* in accordance with the Rules of Procedure*
referring the case back to the council of the Church which initiated it with the
recommendation that the Ministerial Disciplinary Process* should be initiated in
respect of the Minister concerned, whereupon the proceedings under the
Ministerial Incapacity Procedure shall stand adjourned pending the outcome of
such recommendation.
3.2.2 The Rules of Procedure contained in Part II shall provide for
the service of the Referral Order (and any accompanying documentation if
appropriate) on a person properly representing the council of the Church
referred to in Paragraph 3.2.1 and under those Rules that person shall be
required, within the time therein specified, to notify the Secretary of the
Review Commission or the Appeals Review Commission in writing whether the
recommendation has been accepted or rejected.
3.2.3 If the recommendation has been accepted, the notification shall
specify the date on which the Ministerial Disciplinary Process was initiated,
whereupon the Review Commission or the Appeals Review Commission shall make a
further Order declaring the case within the Ministerial Incapacity Procedure to
be concluded, subject only, if the Minister has already been suspended under
that Procedure, to the continuation of his/her suspension until the issue of the
Minister’s suspension has been resolved in accordance with the Ministerial
Disciplinary Process.
3.2.4 If the recommendation has been rejected, the notification
shall state the reasons and the Review Commission or the Appeals Review
Commission shall forthwith reactivate the case within the Ministerial Incapacity
Procedure.
4. 4.1 Subject only to Paragraph 4.2, the Ministerial Incapacity
Procedure shall not be initiated in respect of any Minister if his/her case is
currently being dealt with under the Ministerial Disciplinary Process.
4.2 The Ministerial Incapacity Procedure may be initiated in respect
of a Minister as a result of a recommendation issuing from the Ministerial
Disciplinary Process, in which case there may be a short transitional overlap
between the commencement of the case within the Ministerial Incapacity Procedure
and the conclusion of the Ministerial Disciplinary case.
5. Although the operation of the Ministerial 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 evidence 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 United Reformed Church and the criteria
which they must apply in the exercise of their ministry.
6. The Review Commission or, in the event of an appeal, the Appeals
Review Commission shall have the authority to make orders and decisions in the
terms specified in the Rules of Procedure.
7. The Minister who is the subject of a case, but no-one else, may
appeal against any decision of the Review Commission but not against an order of
an interim nature only. An appeal must be made in writing within the time limit
specified in the Rules of Procedure and in accordance with those rules and the
grounds of appeal must be stated in the notice.
8. Procedural matters arising under the Ministerial Incapacity Procedure
shall in every case be dealt with under the Rules of Procedure.
9. 9.1 Save only as provided in Paragraph 9.2, this Part I of the
Ministerial Incapacity Procedure is subject to Paragraph 3(1) of the Structure.
9.2 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 Ministerial Incapacity
Procedure as are, on the advice of the legal advisers to the United Reformed
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.
9.3 All such changes to the Ministerial Incapacity Procedure as are
made by Mission Council under Paragraph 9.2 shall be reported to the next annual
meeting of the General Assembly.
Resolution 11
Amendments to the Structure to introduce the Ministerial Incapacity Procedure
(report
paragraph 5.3.5)
General Assembly agrees to make the following changes to the Structure of the
United Reformed Church:
Paragraph 2(3)(A)(xix)
Add a new Paragraph 2(3)(A)(xix) as follows:
‘where the district council considers that a minister is not or may not be
exercising his/her ministry in accordance with Paragraph 2 of Schedule E to the
Basis of Union and perceives the issue as relating to the incapacity of the
minister on account of medical, psychological or other similar or related
reasons, to initiate the Ministerial Incapacity Procedure of the United Reformed
Church in respect of that minister and to follow the procedure laid down therein
with regard to the suspension of the minister during the continuance of the
incapacity proceedings’.
The existing district council Functions (xix) and (xx) to become (xx) and (xxi).
Paragraph 2(3)(C)
Replace the existing 2(3)(C) with the following:
‘No appeal shall lie against a decision by the district council to initiate the
Ministerial Disciplinary Process in accordance with Function (xviii) above or
the Ministerial Incapacity Procedure in accordance with Function (xix) above in
respect of any minister’.
Paragraph 2(3)(E)
Add a new Paragraph 2(3)(E) as follows:
‘As soon as any minister becomes the subject of a case under the Ministerial
Incapacity Procedure, the district council shall not exercise any of its
functions in respect of that minister in such a manner as to affect, compromise
or interfere with the due process of that case, provided that the provision of
such pastoral care as shall be deemed appropriate shall not be regarded as a
breach of this Paragraph.’
Paragraph 2(4)(A)(viii)
Replace the words ‘the Disciplinary Process referred to in Function (xv)
below’ with the words ‘the Ministerial Disciplinary Process referred to
in Function (xiv) below or the Ministerial Incapacity Procedure referred to in
Function (xv) below’.
Paragraph 2(4)(A)(xv)
Add a new Paragraph 2(4)(A)(xv) as follows:
‘In the absence of any reference into the Ministerial Incapacity Procedure by
the appropriate district council and where, either on its own initiative or on a
reference or appeal brought by any other party, the synod considers that a
minister is not or may not be exercising his/her ministry in accordance with
Paragraph 2 of Schedule E to the Basis of Union and perceives the issue as
relating to the incapacity of the minister on account of medical, psychological
or other similar or related reasons to initiate the Ministerial Incapacity
Procedure in respect of that minister and to follow the procedure laid down
therein with regard to the suspension of the minister during the continuance of
the incapacity proceedings’.
The existing synod Functions (xv) and (xvi) to become (xvi) and (xvii) and alter
the reference in the renumbered (xvi) from ‘para. 2.3(xix)’ to ‘para. 2(3)(A)(xx)’.
Paragraph 2(4)(C)
Replace the existing Paragraph 2(4)(C) of the Structure with the following:
‘No appeal shall lie against a decision by the synod to initiate the Ministerial
Disciplinary Process in accordance with Function (xiv) above or the Ministerial
Incapacity Procedure in accordance with Function (xv) above in respect of any
minister’.
Paragraph 2(4)(E)
Add a new Paragraph 2(4)(E) as follows:
‘As soon as any minister becomes the subject of a case under the Ministerial
Incapacity Procedure, the synod shall not exercise any of its functions in
respect of that minister in such a manner as to affect, compromise or interfere
with the due process of that case, provided that the provision of such pastoral
care as shall be deemed appropriate shall not be regarded as a breach of this
Paragraph.’
Paragraph 2(5)(A)(xi)
Add the words ‘……. and Part I of the Ministerial Incapacity Procedure
referred to in Function (xxiv) below’.
Paragraph 2(5)(A)(xviii)
Replace the words ‘the Disciplinary Process referred to in Function (xxiii)
below’ with the words ‘the Ministerial Disciplinary Process referred to
in Function (xxiii) below or the Ministerial Incapacity Procedure referred to in
Function (xxiv) below’.
Paragraph 2(5)(A)(xxii)
Replace the existing paragraph 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.’
Paragraphs 2(5)(A)(xxiv), (xxv) and (xxvi)
Add new Paragraphs 2(5)(A) (xxiv), (xxv) and (xxvi) as follows:
Paragraph 2(5)(xxiv)
‘to make and (if necessary) to terminate all appointments to the Standing Panel
and to any administrative office under the Ministerial Incapacity Procedure and
to exercise general oversight and supervision of the operation of that Procedure
(save only that decisions in individual cases taken in accordance with that
Procedure are made in the name of the General Assembly and are final and
binding).’
Paragraph 2(5)(xxv)
‘to provide for the setting up of an Appeals Review Commission in accordance
with the Ministerial Incapacity Procedure for the hearing of appeals under that
Procedure.’
Paragraph 2(5)(A)(xxvi)
‘In the absence of any reference into the Ministerial Incapacity Procedure by
the appropriate district council or synod and where either on its own initiative
or on a reference or appeal brought by any other party, the General Assembly (or
Mission Council acting on its behalf) considers that a minister is not or may
not be exercising his/her ministry in accordance with Paragraph 2 of Schedule E
to the Basis of Union and perceives the issue as relating to the incapacity of
the minister on account of medical, psychological or other similar or related
reasons, to initiate the Ministerial Incapacity Procedure in respect of that
minister and to follow the procedure laid down therein with regard to the
suspension of the minister during the continuance of the incapacity proceedings.
(The case of any minister who is a moderator of synod shall necessarily be dealt
with under this provision)’.
Renumber the existing Paragraph 2(5)(A)(xxiv) as (xxvii).
Identify the Paragraph immediately after the General Assembly Functions as
2(5)(B).
Paragraph 2(5)(C)
Add a new Paragraph 2(5)(C) as follows:
‘As soon as any minister becomes the subject of a case under the Ministerial
Incapacity Procedure, neither General Assembly nor Mission Council on its behalf
shall exercise any of General Assembly’s functions in respect of that minister
in such a manner as to affect, compromise or interfere with the due process of
that case, provided that the provision of such pastoral care as shall be deemed
appropriate shall not be regarded as a breach of this Paragraph.’
Paragraph 5(1)
Replace the existing Paragraph 5(1) with the following:
‘No right of Appeal shall lie against the decision of any council of the Church
(acting with due authority) to initiate a case within either the Ministerial
Disciplinary Process or the Ministerial Incapacity Procedure, and once a case is
properly within either of such procedures it shall be resolved in accordance
therewith and not under Paragraph 5(2) below. Any decision reached in accordance
with either the Ministerial Disciplinary Process or the Ministerial Incapacity
Procedure has the status of a decision of the General Assembly and is final and
binding’.
Section C – Rules of Procedure on Appeals
Replace the existing Paragraph 10 with the following:
‘The provisions of this Section “Rules of Procedure on Appeals” shall not apply
to cases which are being determined within either the Ministerial Disciplinary
Process or the Ministerial Incapacity Procedure.’
Resolution 12
Ratification of changes to Section O, Part I approved in 2004 (Resolution 11 of 2004)
(report
paragraph 5.3.6)
General Assembly agrees to ratify its decision to make the following changes to
Part I of the Section O Process for Ministerial Discipline:
General Assembly agrees to make the following changes to Part I of the Section O
Process for Ministerial Discipline:
Paragraph 4.2
Add the following words at the end of this Paragraph: ‘….but any person who
reaches the end of the term of his/her appointment on the Commission Panel
whilst serving as a member of an Assembly Commission in a case in progress may
continue so to serve until the conclusion of that case.’
Paragraph 9
The existing Paragraph 9 to become 9.1 and a new paragraph to be
added as 9.2:
‘9.2 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.’
Resolution 13
Ratification of changes to the Structure regarding the resignation of ministers
(Resolution 13 of 2004)
(report paragraph 5.3.6)
General Assembly agrees to the following changes to the Structure of the United
Reformed Church:
Paragraph 2(3)A(viii)
Insert the words ‘not currently the subject of any case within the Section O
Process for Ministerial Discipline referred to in Function (xviii) below)’
after the word ‘ministers’.
Paragraphs 2(3)A(xviii), 2(4)A(xiv) and 2(5)A(xxiii)
In all these paragraphs, delete the words ‘following initial enquiry’ on
the first line and add the words ‘at the appropriate time as specified in
that Process’ at the end of the paragraph.
Paragraph 2(3)(B)
Delete the existing Paragraph 2(3)(B) and replace it with the following:
B.1 ‘As soon as any minister becomes the subject of a case under the Section O
Process for Ministerial Discipline, the District Council shall not exercise any
of its functions in respect of that minister in such a manner as to affect,
compromise or interfere with the due process of that case, provided that the
provision of such pastoral care as shall be deemed appropriate shall not
regarded as a breach of this Paragraph.’
B.2 ‘The responsibility for calling in the District Council’s Mandated Group to
conduct an Initial Enquiry which marks the beginning of the Disciplinary Process
rests with the Synod Moderator acting in consultation with such officers of the
District Council as s/he considers appropriate.’
Paragraph 2(4)(B)
Delete the existing Paragraph 2(4)(B) and replace it with the following:
‘As soon as any minister becomes the subject of a case under the Section O
Process for Ministerial Discipline, the Synod shall not exercise any of its
functions in respect of that minister in such a manner as to affect, compromise
or interfere with the due process of that case, provided that the provision of
such pastoral care as shall be deemed appropriate shall not regarded as a breach
of this Paragraph.’
Final unlettered paragraph immediately after Paragraph 2(5)A(xxiv)
Delete this paragraph and replace it with the following:
2(5)(B) ‘As soon as any minister becomes the subject of a case against a
minister under the Section O Process for Ministerial Discipline, neither General
Assembly nor Mission Council on its behalf shall exercise any of General
Assembly’s functions in respect of that minister in such a manner as to affect,
compromise or interfere with the due process of that case, provided that the
provision of such pastoral care as shall be deemed appropriate shall not
regarded as a breach of this Paragraph.’
Paragraph 2(4)(A)(viii)
Amend the reference in this paragraph from Function (xv) to (xiv)
Resolution 14
Ratification of a Constitutional Change to
the Basis of Union (Resolution 7 of 2004)
(report paragraph 4.7)
General Assembly resolves to amend the Basis of Union and Structure of the
United Reformed Church as follows (with additions and amendments shown in
italics):
Add to the end of paragraph 22 of the Basis of Union (as agreed by General
Assembly in 2003):
“Their service may be stipendiary or non-stipendiary, and in the latter case
their service is given within the area of a District or area Council and in a
context it has approved.”
Amend paragraph B2(3)(A)(iii) on page B6 (July 2000 edition of The Manual) to
read:
“to appoint, or to concur in the appointment of, non-stipendiary ministers and
church related community workers to their particular service and to review this
service at stated intervals;”
Resolution 15
Non-Stipendiary Church-Related Community Workers
(report
paragraph 4.7)
General Assembly resolves to make the following changes to the Plan for
Partnership in Ministerial Remuneration:
a) Amend section 5.4.3 to read:
‘Non-stipendiary ministers and non-stipendiary CRCWs’
b) Amend section 9.2.1 to read:
‘An interest free loan is available to ordinands for the stipendiary ministry at
the time of their ordination; to stipendiary CRCWs upon commissioning; and to
former non-stipendiary ministers and non-stipendiary CRCWs at the time they
transfer to stipendiary service (see Appendix A).’
Resolution 16
Target representation on Panels and Boards
(report paragraph 4.8)
General Assembly instructs the Nominations Committee to monitor appointments to
the Assessment Board, the Commission Panel for the Disciplinary Process and the
Panel for the appointment and review of Synod Moderators in order to further its
Equal Opportunities objectives and sets the following targets for the lists of
nominations to each of these bodies presented in the annual report to Assembly:
a) An equal number of men and women.
b) At least 10% representation from minority ethnic groups.
Resolution 17
Authorisation to make changes to the Equal Opportunities Policy
consequent to changes in the law
(report paragraph 4.9)
General Assembly resolves that Mission Council, acting in the name of General
Assembly, shall have the 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 Equal Opportunities policy as are, on the advice of the legal advisers to
the United Reformed Church, required to bring that policy into line with the
general law of the land consequent upon any changes in legislation and/or case
law.
Resolution 18
2006 Budget
General Assembly
accepts the budget for the year 2006 as set out in the Book of Accounts.
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