Mission
Council
Mission
Council Resolutions for General Assembly
Resolution 7
Amendments to Section O Part II (replacing Resolution 8 of 2005)
(Report
paragraph 6.3.1.1)
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 8
Replacement of existing Section O, Part I(replacing Resolution 9 of 2005)
(Report
paragraph 6.3.1.2)
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 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 9
Amendments to the Structure in relation to the Section O Process
(Report
paragraph 6.3.1.3)
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 10
Introduction of procedure for dealing with cases of Ministerial Incapacity and
approval of Part I
(replacing Resolution No.
10 of 2005)
(Report
paragraph 6.3.2.5)
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.
Resolution 11
Taking note of Part II of the proposed Ministerial Incapacity Procedure
(also replacing
Resolution 10 of 2005)
(Report
paragraph 6.3.2.5)
General Assembly
resolves to take note of Part II of the proposed Ministerial Incapacity
Procedure referred to in Resolution 10 and requests Mission Council to bring
this to General Assembly in 2007 for decision in the form attached (see Appendix
1, pp 164-177), subject to such amendments as may be recommended by Mission
Council.
Resolution 12
Amendments to the Structure to introduce the Ministerial Incapacity Procedure
(replacing Resolution 11
of 2005)
(Report
paragraph 6.3.2.6)
General Assembly
agrees to make the following changes to the Structure of the United Reformed
Church:
Paragraph [ ]
The following to be
introduced as a new Paragraph of the Structure to be numbered [ ]
[ ].1 The Procedure
contained in this Paragraph [ ] of the Structure (known as the Ministerial
Incapacity Procedure) shall apply where those responsible for initiating it in
respect of any particular Minister consider that s/he is or may not be
exercising his/her ministry in accordance with Paragraph 2 of Schedule E to the
Basis of Union and perceive the issue as relating to the incapacity of the
Minister on account of medical, psychological or other similar or related
reasons.
[ ].2 No right of appeal
shall lie against the decision taken in accordance with Paragraph [ ].1 above to
initiate the Ministerial Incapacity Procedure in respect of any Minister.
[ ].3 The decision
reached in any particular case (whether or not on appeal) under the Ministerial
Incapacity Procedure shall be made in the name of the General Assembly and shall
be final and binding.
[ ].4 As soon as any
Minister becomes the subject of a case under the Ministerial Incapacity
Procedure, none of the Councils of the Church shall 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 Paragraph [ ] of the Structure.’
Paragraph 2(5)(A)(xi)
Add the words ‘… and
Part I of the Ministerial Incapacity Procedure referred to in Paragraph [ ] of
the Structure.’
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 Paragraph [ ] of the
Structure.’
Paragraphs 2(5)(A)(xxiv)
and (xxv)
Add new Paragraphs
2(5)(A) (xxiv) and (xxv) as follows:
Paragraph 2(5)(A)(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)(A)(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.’
Renumber the existing
Paragraph 2(5)(A)(xxiv) as (xxvi)
Identify the Paragraph
immediately after the General Assembly Functions as 2(5)(B)
Section C – Rules of
Procedure on Appeals
Replace the existing
Paragraph 8.11 with the following: ‘The provisions of this Section “Rules of
Procedure on Appeals” shall not apply to cases which are being determined within
the Ministerial Disciplinary Process, the Ministerial Incapacity Procedure or
the Church’s Control Procedure under the Ecclesiastical Exemption (Listed
Buildings and Conservation Areas) Regulations for the time being in force.’
Resolution 13
Adjustment to the process for submitting nominations for the Moderator of
General Assembly
(Report
paragraph 3.5.1)
General Assembly
authorises that the following words be inserted in the Rules of procedure to
create a new paragraph 3.5 (the existing paragraphs 3.5-3.12 being renumbered
3.6-3.13)
‘if after 31st March or
after the period for withdrawal there shall be no nominations the General
Secretary shall forthwith notify the clerks of the synods and invite them to
request nominations from the executive committees or equivalent of their synods.
Such nominations, accompanied in each case by a note of the consent of the
person nominated and a brief biography, must be in the hands of the General
Secretary by 15th May.’
Resolution 14
To amend the Structure as regards an Appeals Procedure covering Listed Buildings
(Report
paragraph 6.5.2)
General Assembly
agrees to make the following changes to the Structure and the Rules of Procedure
of the United Reformed Church:
STRUCTURE – paragraph 5 –
Appeals
Paragraph 5(2)
In the opening sentence,
after ‘outside paragraph 5(1)’ add ‘or paragraph 5(3)’
Paragraph 5(3)
Add a new paragraph 5(3)
as follows
‘Applications for
consent to carry out works to buildings coming within the Church’s Control
Procedure under the Ecclesiastical Exemption ( Listed Buildings and Conservation
Areas) Regulations for the time being in force and appeals from decisions made
thereunder shall be dealt with in accordance with that procedure and not under
paragraph 5(2) above’.
Resolution 15
Charity Trusts (see Appendix 3, page 182)
(Report
paragraph 5.4)
General Assembly
notes the clarification of and alterations to the advice concerning Charity
Trusts given to the General Assembly in 2001 and 2004 and asks synods, synod
trust companies, district councils/area meetings and local churches to ensure
that all are aware of their responsibilities
Resolution 16
Ministerial development
(Report
paragraph 5.2 and Appendix 2, page 178)
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.
top |
