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THE UNITED REFORMED CHURCH Minutes of the General Assembly of the United Reformed Church 2006 Monday 10th July First SessionWorship was conducted by the Chaplain; Bible Study was led by Mr Lawrence Moore.
Revd Michael Cruchley
The Moderator greeted the Revd Michael Cruchley, and wished him well on his retirement after many years first as Rural Consultant for the United Reformed and Methodist Churches and then as Rural Consultant for the synod of Wales.
Revd Brian Jolly
The Moderator thanked the Revd Brian Jolly for his service as Convener of the Life and Witness Committee.
Training Committee
The Revd John Humphreys moved adoption of Resolution 38:
Resolution 38
In light of General Assembly’s decisions about the Training Committee’s 2006 report it instructs the Training Committee and the Governors of Westminster College to proceed with the appointment of a Principal for Westminster College.
Resolution 38 was carried.
The Assembly Clerk moved adoption of Resolution 64 to obviate the problem of future Assembly members being appointed by bodies that no longer exist:
Resolution 64
Paragraph 2(5)(a) Delete ‘District Councils’ and insert ‘Synods’
Resolution 64 was carried.
The General Secretary moved that ‘in accordance with Paragraph 3(1) of the Structure, Resolution 64 be referred to Synods with the 31st March 2007 as the final date for responses to the General Secretary as to whether or not this constitutional amendment be proceeded with.’
The Assembly agreed.
The Assembly Clerk moved adoption of Resolution 7:
Resolution 7
General Assembly agrees to make the following changes to Part II of the Section O Process for Ministerial Discipline:
Paragraph A.6
After the words ‘… Assembly Commission…’ insert ‘… (or the General Secretary in the case of Appeals, save where Paragraph G.10.5 applies)
Section B of Part II
Section B of Part II as shown in the Appendix to this resolution shall replace the existing Section B in its entirety. Paragraphs C.3.1, C.3.2, C.4.1, E.12.2, E.12.3, G.4.2, G.4.3, G.5, G.10.4, G.10.5
In all these paragraphs, any reference to Paragraphs 7.1.1 and 7.1.2 of Part I shall be replaced by a simple reference to Paragraph 7.1 of Part I.
Paragraphs E.4.1
At the end of the paragraph add the words ‘… whereupon the Secretary shall forthwith provide copies thereof for the Convener and the other members of the Assembly Commission.’
Paragraph E.7.4
At the end of the paragraph add the words ‘… unless the Minister shall have lodged with the Secretary of the Assembly Commission, within twenty-eight days of the passing of the sentence in the criminal case, written evidence that s/he has lodged an appeal against the decision of the criminal court, whether it be against the conviction itself or the sentence imposed.’
Paragraph E.7.6
Add a new Paragraph E.7.6 as follows:
E.7.6 ‘If the Minister has given to the Secretary of the Assembly Commission the written evidence of appeal in the criminal case referred to in Paragraph E.7.4, it shall be his/her responsibility to notify the Secretary of the Assembly Commission of the outcome of his/her appeal in the criminal case as soon as s/he becomes aware of it and to supply to the said Secretary a duly certified court record or memorandum of the decision on the said appeal, whereupon the Section O Process shall be reactivated and the case brought to a hearing as soon as possible. Meanwhile the Minister shall respond promptly to any requests for information from the Secretary of the Assembly Commission as to the progress of the appeal in the criminal case. If the Minister fails to comply with the provisions of this Paragraph, the said Secretary may him/herself seek and obtain the required information as to the progress and outcome of the appeal in the criminal case.’
Paragraph E.8.5
Add a new Paragraph E.8.5 as follows:
E.8.5 ‘Any failure, unnecessary delay or obstruction on the part of the Minister in complying with the requirements of Part II, Paragraph E.7.6.’
Paragraph F.4.3
Add the following words at the end of the paragraph ‘… and the Mandated Group shall thereupon comply with Paragraph H.4.’
Paragraph G.12.5
Add the following words at the end of the paragraph ‘… and, unless Paragraph G.13 applies, the Mandated Group shall thereupon comply with Paragraph H.4.’
Paragraph H.4
Add a new Paragraph H.4 as follows:
H.4 ‘Within one month of the conclusion of each case as provided in Part I, Paragraph 17, the Mandated Group shall prepare a written report of its conduct of the case and submit it to the Secretary of the Assembly Commission, who shall, in order to preserve confidentiality, remove from the report the name and address of the minister, the name of the minister’s church(es) and any other information which might lead to the identification of any individuals involved in the case. The purpose of the report shall be to help those charged with the ongoing review of the operation of the Section O Process to monitor the performance of Mandated Groups and thus to ensure that all appropriate training and assistance is provided and the highest standards are maintained.’
APPENDIX
B. APPOINTMENT AND ROLE OF MANDATED GROUPS AND INITIATION OF SECTION O
B.1. B.1.1 To enable it properly to carry out its Function 2(3)(A)(xviii) of the Structure, every District Council shall act solely through a group of three persons (“the Mandated Group”) which shall have mandated authority to act in the name of the District Council in every matter requiring consideration under that Function.
B.1.2 The Mandated Group called in to deal with any particular case under Paragraph B.6.1, Paragraph B.9.2 or Paragraph B.9.3 has no pastoral role to fulfil and its precise functions are described in Paragraphs B.7 and B.8.
B.2 In cases arising under Paragraph B.6.1 (District Council), the Mandated Groups charged with the responsibilities ascribed to them under these Rules of Procedure shall be constituted in the following manner:
B.2.1 Two members thereof shall be appointed by each District Council on a standing basis from a Synod Panel itself appointed and maintained by each Synod, there normally being on such panel at least one, and preferably two, persons from each District within the Synod. One such member shall, wherever possible, be appointed to the Mandated Group from the District from which the case emanates.
B.2.2 The Synod Moderator or other person responsible for calling in the Mandated Group shall appoint the remaining person to the Mandated Group from the Joint Panel in accordance with the procedure set out in Paragraph B.3.
B.3 B.3.1 There shall be a standing panel (‘the Joint Panel’) consisting of a maximum of thirteen persons, of whom one shall be nominated by each Synod and selected preferably on account of some legal, tribunal or professional experience or other similar background, which would equip them for assuming a role as part of a Mandated Group. The list of those currently on the Joint Panel shall be held by the Synod Moderators.
B.3.2 In cases arising either under Paragraph B.6.1 (District Council) or Paragraph B.9.2 (Synod) (where one member of the Joint Panel will be required to serve) the Synod Moderator or other person responsible for calling in the Mandated Group shall appoint the remaining member of the Mandated Group for that case from the Joint Panel.
B.3.3 In cases arising under Paragraph B.9.3 (General Assembly or Mission Council on its behalf) the Deputy General Secretary, in consultation with such other officers of General Assembly as s/he considers appropriate, shall constitute the Mandated Group by the appointment of all three persons, each of whom shall be selected from either the Joint Panel or any of the Synod Panels (at least one from the Joint Panel and at least one from the Synod Panels).
B.4 If any member of a Synod Panel or the Joint Panel is a member of a local church connected with a case or has any pastoral or personal involvement in a case or is the subject of a disciplinary complaint, that person shall not form part of the Mandated Group for that case.
B.5 B.5.1 If any member of a Synod Panel or the Joint Panel is disqualified under Paragraph B.4 or is for any other reason unable to act in a particular case, the Moderator of the Synod shall appoint another member from the same panel to serve as a member of the Mandated Group for that case. The Mandated Group for all matters relating to that case shall be its remaining member(s) together with the person(s) appointed under this Paragraph. If only one such person is disqualified or otherwise unable to act, then, until any such further appointment is made, the mandate shall continue to be held by the remaining two members of the Mandated Group. If two members of the Mandated Group are disqualified or otherwise unable to act, there is no mandate for the remaining member to act alone.
B.5.2 No person shall serve as a member of or as the spokesperson for a Mandated Group in connection with any case where s/he would fall within any of the restrictions contained in Paragraph 7.1 of Part I.
B.6 B.6.1 B.6.1.1 If at any time the Moderator of the Synod or (if for any reason s/he should be unavailable or unable to act) the President of the District Council in consultation with such officers of the District Council as s/he considers appropriate believes that there is or may be a disciplinary issue in respect of any minister s/he shall forthwith in the name and on the authority of the District Council call in its Mandated Group, at the same time informing the Minister that this step has been taken. The Section O Process in the case of any Minister shall commence with the calling in of the Mandated Group.
B.6.1.2: In calling in the Mandated Group, the person so doing:
(i) shall notify those two persons who, as members of the Synod Panel, will form part of the Mandated Group by virtue of Paragraph B.2.1 that they are called upon so to participate, advising them of the identity of the minister but giving no further information at that point and
(ii) shall notify one person from the Joint Panel of his/her intention to invite that person to serve as a member of the Mandated Group, advising him/her of the identity of the minister but giving no further information at that point.
B.6.1.3 In the event that any of the proposed appointees on to the Mandated Group is/are unable or unwilling to act, the process(es) of appointment from a Synod Panel and/or the Joint Panel shall continue until a Mandated Group consisting of three members has been duly constituted.
B.6.1.4 As soon as the above steps have all been taken, the person calling in the Mandated Group shall issue to each member thereof a written statement setting out the reasons for the calling in of the Mandated Group, the names of possible informants and any other sources of information at that time available. To avoid prejudice, that statement must not contain any assumptions or inferences or any personal reflections or opinions.
B.6.2 In cases of extreme emergency, the Moderator or other person entitled to call in the Mandated Group under the Rules of Procedure may, if s/he considers that there are strong and urgent reasons for so doing and only so long as s/he forthwith calls in the Mandated Group under Paragraph B.6.1, suspend the Minister with immediate effect either orally or in writing. Suspension imposed orally shall be immediately confirmed in writing to the Minister and written notice shall also be given to the Secretary of the District Council (see also Paragraphs B.8.2 and B11).
B.6.3 Suspension imposed under Paragraph B.6.2 shall continue during the Mandated Group’s initial enquiry period referred to in Paragraph B.7.1. If at the end of that period the Mandated Group serves a Referral Notice on the Minister, it must also serve on him/her a Notice confirming the continuance of the suspension during the Commission Stage.
B.6.4 In the event that the initial enquiry period terminates without the issue of a Referral Notice, the Minister’s suspension under Paragraph B.6.2 shall automatically cease on the issue of a Notice of Non-Continuance under Paragraph B.7.2, whereupon the person imposing the suspension under Paragraph B.6.2 shall give written notice of the cessation of the suspension both to the Minister and to the Secretary of the District Council.
B.7 The functions of the Mandated Group called in by the person authorised for that purpose under Paragraph B.6 in any particular case are described in this Paragraph B.7 (as regards the initial enquiry) and in Paragraph B.8 (as regards its role during the Commission Stage):
B.7.1 The Mandated Group shall carry out its own initial enquiry with all due expedition in consultation (where practical and appropriate) with the person calling in the Mandated Group for the sole purpose of ascertaining whether the Commission Stage should be initiated. Having done so, it must bring its initial enquiry to a conclusion in accordance with Paragraphs B.7.2 and B.7.3.
B.7.2 If the Mandated Group decides as a result of its initial enquiry not to proceed any further with the matter, it shall serve on the Moderator of the Synod or other person calling it in a notice to that effect (a Notice of Non-Continuance), which shall have the effect of discharging from further involvement in that case the Mandated Group itself (subject to due compliance by it of Paragraph H.4) and the Council in whose name it conducted the initial enquiry.
B.7.3 On receipt of a Notice of Non-Continuance the person calling in the Mandated Group shall forthwith notify the Minister and the Secretary of the District Council that the Mandated Group is not proceeding any further and if the person calling in the Mandated Group has already suspended the Minister under Paragraph B.6.2 s/he must notify the Minister and the Secretary of the District Council of the immediate cessation of the suspension.
B.7.4 If on the other hand the Mandated Group decides as a result of its initial enquiry to initiate the Commission Stage, it shall follow the procedure laid down in Paragraphs B.8.1 and B.8.3 whereupon the Commission Stage will be initiated.
B.8 B.8.1 Whenever the Mandated Group, having become aware of any information concerning a Minister under the oversight of the District Council which might require disciplinary investigation, concludes unanimously or by a majority that this is indeed so, it shall forthwith in the name of the District Council suspend the Minister (unless s/he has already been suspended under Paragraph B.6.2, in which case the Mandated Group shall serve on the Minister a notice that his/her suspension shall continue during the Commission Stage) and initiate the Commission Stage in accordance with Paragraph 5 of Part I. Suspension under this Paragraph shall take effect when the Minister receives Notice thereof from the Mandated Group either orally or in writing. Suspension imposed orally shall be immediately confirmed in writing (as to the contents of the written notice of suspension, see also Paragraph B.11).
B.8.2 Suspension, whether imposed under Paragraph B.6.2 or B.8.1, does not imply any view about the correctness or otherwise of any allegations made concerning the Minister, nor does it affect the Minister’s stipend nor the Minister’s pension arrangements under the United Reformed Church Ministers’ Pension Scheme.
B.8.3 The Mandated Group shall forthwith notify the Moderator of the Synod and the Secretary of the District Council in writing of the issue of the Referral Notice and the Notice of Suspension.
B.8.4 During the Commission Stage it is the responsibility of the Mandated Group to conduct the Investigation in accordance with Section D of these Rules of Procedure, to comply with all procedural matters under the Rules of Procedure and to present the case against the Minister at the Hearing under Section E and at the Hearing of any Appeal under Section G.
B.9 B.9.1 To enable them to carry out their respective functions under Paragraphs 2(4)(A)(xiv) and 2(5)(A)(xxiii) of the Structure, every Synod and the General Assembly shall act solely through a group of three persons (“the Mandated Group”) which shall have mandated authority to act in the name of the Synod or the General Assembly as the case may be in every matter requiring consideration under those respective functions.
B.9.2 In connection with any such steps under Paragraph B.9.1 as are required to be taken by a Synod, if at any time the Moderator of the Synod, in consultation with such officers of the Synod as s/he considers appropriate, believes that there is or may be a disciplinary issue in respect of any minister in membership or under the authority of that Synod, s/he shall forthwith in the name of the Synod appoint two persons from the Synod Panel for that Synod and one person from the Joint Panel as provided in Paragraphs B.2 and B.3 to constitute the Mandated Group for the particular case and at the same time inform the Minister that this step has been taken and follow the procedure laid down in Paragraphs B.6.1.2/4. The Mandated Group so appointed shall be deemed to be called in and vested with authority in like manner to the Mandated Group of a District Council called in under Paragraph B.6.1.
B.9.3 In connection with any steps under Paragraph B.9.1 as are required to be taken by General Assembly (or Mission Council on its behalf), if at any time the Deputy General Secretary, in consultation with such other officers of the General Assembly as s/he considers appropriate, believes that there is or may be a disciplinary issue in respect of any minister s/he shall forthwith in the name of General Assembly appoint three persons drawn from the Synod Panels and the Joint Panel as provided in Paragraph B.3.3 to constitute the Mandated Group for the particular case and at the same time inform the Minister that this step has been taken and follow the procedure laid down in Paragraphs B.6.1.2/4. The Mandated Group so appointed shall be deemed to be called in and vested with authority in like manner to the Mandated Group of a District Council called in under Paragraph B.6.1.
B.9.4 The preceding paragraphs of this Section B of Part II shall apply to cases falling within Paragraph B.9 with the necessary changes and in particular the following shall apply:
In Paragraph B.5.1, in the case of a Mandated Group appointed in the name of General Assembly, the words “Deputy General Secretary” shall replace the words “Moderator of the Synod”.
In Paragraph B.7.1, in the case of a Mandated Group appointed in the name of General Assembly the reference therein to the Moderator of the Synod shall be replaced by a reference to the Deputy General Secretary.
In Paragraph B.8.1 the words “the Minister concerned” shall replace the words “a Minister under the oversight of the District Council”, and the second reference to “the District Council” shall be replaced by a reference to “the Synod” or “General Assembly” as the case may be.
B.9.5 On any occasion throughout the Section O Process where notices and papers are required to be sent to the Moderator of the Synod and/or the Secretary of the District Council, then in a case proceeding under Paragraph B.9.3 they shall also be sent to the Deputy General Secretary.
B.10 To initiate the Commission Stage pursuant to Paragraph B.8.1, the Mandated Group in the name of the Council shall take the following steps:
B.10.1 Serve on the Secretary of the Assembly Commission a duly completed Referral Notice which should clearly state the reasons why the Mandated Group believes that a breach of Ministerial Discipline has or may have occurred and which should also include where possible a summary of the supporting information on the basis of which the Mandated Group has issued the Referral Notice and
B.10.2 Serve on the Minister notice of the issue of the Referral Notice and of his/her suspension (or of the continuance of his/her suspension if Paragraph B.6.2 applies).
B.11 The Notice of Suspension, whether issued under Paragraph B.6.2 or Paragraph B.8.1, shall inform the Minister that, in accordance with these Rules of Procedure, any conduct on his/her part which breaches or contravenes Paragraph 4 of Schedule E to the Basis of Union may be taken into account by the Assembly Commission in reaching its decision under Paragraph 10 of Part I.
B.12 Once a Referral Notice has been issued by a Mandated Group in any case, no further Referral Notice shall in any circumstances be issued in respect of the subject matter of that referral, save only where the Minister has been the subject of an earlier disciplinary case in which the Assembly Commission or the Appeals Commission issued a written warning under the provisions of Paragraph 10.2.1 or Paragraph 14.3 of Part I.
Resolution 7 was carried.
The Assembly Clerk moved adoption of Resolution 8:
Resolution 8
General Assembly agrees to replace the whole of the existing Part I of Section O with the following:
SECTION O
Process for dealing with cases of Ministerial Discipline
PART I – Substantive Provisions (governed by General Assembly Function 2(5)(xi) of the Structure of the United Reformed Church)
1. 1.1 Under the provisions of this Section O an Assembly Commission (as defined in Section A of Part II) shall operate under the authority of the General Assembly for the purpose of deciding (in cases properly referred to it) the questions as to whether a Minister has committed a breach of discipline and, if the Assembly Commission or, in the event of an appeal, the Appeals Commission should so decide, whether on that account his/her name should be deleted from the Roll of Ministers or alternatively whether a written warning should be issued to him/her. The Assembly Commission or, in the event of an appeal, the Appeals Commission may also decide to make a recommendation/referral in accordance with provisions of Paragraph 1.3. Under the Ministerial Disciplinary Process (known as “the Section O Process”) the Assembly Commission or, in the event of an appeal, the Appeals Commission is also able to make recommendations (other than recommendations under Paragraph 1.3) and offer guidance but only within the limits prescribed in Section F of Part II.
1.2 Subject only to Paragraph 1.3, once the disciplinary case of any Minister is being dealt with under the Section O Process, it shall be conducted and concluded entirely in accordance with that Process and not through any other procedure or process of the Church.
1.3.1 If it considers that the situation concerning a Minister involved in a case within the Section O Process relates to or involves a perceived incapacity on the part of that Minister which might render him/her unfit to exercise, or to continue to exercise, ministry on account of medical, psychological or other similar or related reasons, the Assembly Commission or, in the event of an appeal, the Appeals Commission may make an Order in accordance with the Rules of Procedure referring the case back to the Synod Moderator/Deputy General Secretary or other person who called in the Mandated Group with a recommendation that the Ministerial Incapacity Procedure (as defined in Section A of Part II) be initiated in respect of the Minister concerned, whereupon the Section O Process shall stand adjourned pending the outcome of such recommendation.
1.3.2 The Rules of Procedure contained in Part II shall provide for the service of the above Order (and any accompanying documentation if appropriate) on the Synod Moderator/Deputy General Secretary or other person who called in the Mandated Group and under those Rules s/he shall be required, within the time therein specified, to notify the Secretary of the Assembly Commission or the Appeals Commission in writing whether the recommendation has been accepted or rejected.
1.3.3 If the recommendation has been accepted, the notification shall specify the date on which the Ministerial Incapacity Procedure was initiated, whereupon the Assembly Commission or the Appeals Commission shall make a further Order declaring the Ministerial Disciplinary case to be concluded, subject only to the continuation of the Minister’s suspension until the issue of his/her suspension has been resolved in accordance with the Ministerial Incapacity Procedure.
1.3.4 If the recommendation has been rejected, the notification shall state the reasons and the Assembly Commission or the Appeals Commission shall forthwith reactivate the Ministerial Disciplinary case.
2. The Assembly Commission, the Commission Panel, the Appeals Commission and all aspects of the Section O Process shall at all times remain under the jurisdiction and control of the General Assembly which has the authority through the exercise of its functions as contained in Paragraph 2(5) of the Structure to amend, enlarge or revoke the whole or any part of the Section O Process, save only that, so long as it remains in force, the decision reached in any particular case (whether or not on appeal) and any orders made in accordance with this Section O Process shall be made in the name of the General Assembly and shall be final and binding on the Minister and on all the councils of the Church.
3. 3.1 Subject only to Paragraph 3.2, the Section O Process shall not be initiated in respect of any Minister if his/her case is currently being dealt with under the Ministerial Incapacity Procedure.
3.2 The Section O Process may be initiated in respect of a Minister as a result of a recommendation issuing from the Ministerial Incapacity Procedure, in which case there may be a short transitional overlap between the commencement of the Ministerial Disciplinary case and the conclusion of the case within the Ministerial Incapacity Procedure.
4. 4.1 In considering the evidence and reaching its decision, the Assembly Commission or, in the event of an appeal, the Appeals Commission shall in every case have full regard to the Basis of Union and in particular Paragraph 2 of Schedule E thereto which states the responsibilities undertaken by those who become Ministers of the United Reformed Church and the criteria which they must apply in the exercise of their ministry.
4.2 As part of such consideration, the Assembly Commission or Appeals Commission shall be entitled to have regard to any conduct on the part of a Minister occurring prior to his/her ordination to the ministry which, in the Commission’s view and when viewed in the light of Schedule E to the Basis of Union, would have prevented, or was likely to have prevented, him/her from becoming ordained, where such conduct was not disclosed by the Minister to those responsible for assessing his/her candidacy for ordination.
5. 5.1 A Minister may appeal against the decision of the Assembly Commission to delete his/her name from the Roll of Ministers under Section F of Part II or to issue a written warning under that Section by lodging a Notice of Appeal in accordance with the Rules of Procedure at Part II, stating the ground/s of such appeal.
5.2 The Mandated Group of the Council which lodged the Referral Notice in any case may in the name of that Council appeal against the decision of the Assembly Commission not to delete the name of the Minister from the Roll of Ministers by lodging a Notice of Appeal in accordance with the Rules of Procedure stating the ground/s of such appeal. In any case where no written warning is attached to the decision not to delete, the Notice may state, if the Mandated Group so desires, that the appeal is limited to the question of the issue of a written warning to the Minister.
5.3 No-one other than the Parties has any right of appeal from the decision of the Assembly Commission.
6. Procedural matters shall in every case be dealt with in accordance with the Rules of Procedure as contained in Part II.
7 7.1 Save only as provided in Paragraph 7.2, this Part I of the Section O Process is subject to Paragraph 3(1) of the Structure.
7.2 Mission Council acting in the name of General Assembly has authority by single resolution of that Council to make as and when necessary and with immediate effect such changes to Part I as are, on the advice of the legal advisers to the United Reformed Church, required to bring the Section O Process into line with the general law of the land consequent upon any changes in legislation and/or case law.
7.3 All such changes to the Section O Process as are made by Mission Council under Paragraph 7.2 shall be reported to the next meeting of the General Assembly.
Resolution 8 was carried.
The Assembly Clerk moved adoption of Resolution 9:
Resolution 9
General Assembly agrees to make the following changes to the Structure of the United Reformed Church:
Paragraph 2(3)(A)(xviii)
Replace the existing 2(3)(A)(xviii) with the following:
‘Where the District Council, acting through its Mandated Group as defined in the Disciplinary Process referred to below, considers that a Minister is or may not be exercising his/her Ministry in accordance with Paragraph 2 of Schedule E to the Basis of Union, to refer the case of that Minister to the Commission Stage of the Disciplinary Process contained in Section O of the Manual of the United Reformed Church and in every such case to suspend the Minister concerned pending the resolution of the matter under that Process (for the avoidance of doubt the calling in of the Mandated Group under that Process in order to fulfil its responsibilities marking the commencement of the Disciplinary Process).’
Paragraph 2(3)(B)
Replace the existing 2(3)(B) with the following:
‘Once the Disciplinary Process has commenced in the case of any Minister, whether by the District Council or by one of the other Councils of the Church, the District Council shall not exercise its functions in respect of that Minister (save only in the provision of such pastoral care as may be appropriate) until the Process has been duly concluded.’
Paragraph 2(3)(C)
Replace the existing 2(3)(C) with the following:
‘No appeal shall lie against the decision by a District Council to initiate the Disciplinary Process in respect of any Minister under Function (xviii) above.’
Paragraph 2(4)(A)(xiv)
Replace the existing 2(4)(A)(xiv) with the following:
‘In the absence of any reference into the Disciplinary Process by the appropriate district council and where the Synod, acting through its Mandated Group as defined in the Disciplinary Process referred to below, considers that a Minister is or may not be exercising his/her ministry in accordance with Paragraph 2 of Schedule E to the Basis of Union, to refer the case of that Minister to the Commission Stage of the Disciplinary Process contained in Section O of the Manual of the United Reformed Church and in every such case to suspend the Minister concerned pending the resolution of the matter under that Process (for the avoidance of doubt the calling in of the Mandated Group under that Process in order to fulfil its responsibilities marking the commencement of the Disciplinary Process).’
Paragraph 2(4)(B)
Replace the existing 2(4)(B) with the following:
‘Once the Disciplinary Process has commenced in the case of any Minister with the calling in of the Mandated Group under that Process, whether by the Synod or by one of the other Councils of the church, the synod shall not exercise its functions in respect of that Minister (save only in the provision of such pastoral care as may be appropriate) until the Process has been duly concluded.’
Paragraph 2(4)(C)
Replace the existing 2(4)(C) with the following:
‘No appeal shall lie against the decision by a Synod to initiate the Disciplinary Process in respect of any Minister under Function (xiv) above.’
Paragraph 2(5)(A)(xxii)
Replace the existing 2(5)(A)(xxii) with the following:
‘To provide for the setting up of an Appeals Commission in accordance with the Ministerial Disciplinary Process for the hearing of appeals under that Process.’
Paragraph 2(5)(A)(xxiii)
Replace the existing 2(5)(A)(xxiii) with the following:
‘In the absence of any reference into the Disciplinary Process by the appropriate District Council or Synod (the case of any Minister who is a Moderator of Synod being necessarily dealt with under this provision) and where the General Assembly (or Mission Council on its behalf) acting through its Mandated Group as defined in the Disciplinary Process referred to below considers that a Minister is or may not be exercising his/her Ministry in accordance with Paragraph 2 of Schedule E to the Basis of Union, to refer the case of that minister to the Commission Stage of the Disciplinary Process contained in Section O of the Manual of the United Reformed Church and in every such case to suspend the minister concerned pending the resolution of the matter under that Process (for the avoidance of doubt the calling in of the Mandated Group under that Process in order to fulfil its responsibilities marking the commencement of the Disciplinary Process).’
Paragraph 2(5)(B)
Replace the existing unnumbered paragraph immediately following the functions of General Assembly with the following paragraph to be numbered 2(5)(B):
‘Once the Disciplinary Process has commenced in the case of any Minister, whether by the General Assembly or by one of the other Councils of the Church, the General Assembly shall not exercise its functions in respect of that Minister (save only in the provision of such pastoral care as may be appropriate) until the Process has been duly concluded.’
Resolution 9 was carried.
The General Secretary moved that ‘in accordance with Paragraph 3(1) of the Structure, Resolution 9 be referred to Synods with the 31st March 2007 as the final date for responses as to whether or not this constitutional amendment be proceeded with.’
The Assembly agreed.
The Assembly Clerk moved adoption of Resolution 10:
General Assembly resolves to introduce a procedure (to be known as the “Ministerial Incapacity Procedure”) designed for dealing with cases involving Ministers of Word and Sacrament who are regarded as being incapable of exercising ministry on account of medical, psychological or other similar or related reasons and approves the Introduction and Part I of that Procedure in the form set out below:
SECTION P
PROCEDURE FOR DEALING WITH CASES OF MINISTERIAL INCAPACITY
The Introduction which follows does not form part of the text of the Incapacity Procedure
INTRODUCTION
The Procedure which follows allows the Church to deal with the cases of ministers of Word and Sacrament who are regarded as being incapable of exercising ministry on account of medical, psychological or other similar or related reasons.
It is not a disciplinary process and will only be invoked in situations where the Assembly Pastoral Reference Committee, if that committee has been involved, has said that it can do no more.
Whilst considered as a last resort, the Incapacity Procedure will nevertheless enable the Church to take decisive action in cases where the continued exercise of ministry would undermine the promises made by the minister at ordination to lead a holy life and to preserve the unity and peace of the Church.
PART I – subject to Paragraph 3(1) of the Structure (governed by General Assembly Function 2(5)(xi) of the Structure of the United Reformed Church)
Note: The words and expressions marked * (the first time they appear) are defined in Part II of this Procedure.
1. Under the provisions of this Ministerial Incapacity Procedure (herein called “the Incapacity Procedure*”) a Review Commission* and, in the event of an appeal, an Appeals Review Commission* shall operate under the authority of the General Assembly for the purpose of considering and deciding upon cases properly referred to it in which Ministers*, whilst not perceived to have committed any breach of ministerial discipline, are nevertheless regarded as being incapable of exercising, or of continuing to exercise, ministry on account of medical, psychological or other or similar or related reasons.
2. The Review Commission, the Standing Panel*, the Appeals Review Commission, and all aspects of the Incapacity Procedure shall at all times remain under the jurisdiction and control of the General Assembly which has the authority through the exercise of its functions as contained in Paragraph 2(5) of the Structure* to amend, enlarge or revoke the whole or any part of this Incapacity Procedure, save only that, as long as that Procedure remains in force, the decision reached in any particular case (whether or not on appeal) and any orders made in accordance with the Incapacity Procedure shall be made in the name of the General Assembly and shall be final and binding on the Minister and on all the councils of the Church*.
3. Subject only to Section H of Part II, when the case of any Minister is being dealt with under the Incapacity Procedure, it must be conducted and concluded entirely in accordance with that procedure and not through any other procedure or process of the Church.
4. The Incapacity Procedure shall not be initiated in respect of any Minister if his/her case is currently being dealt with under the Disciplinary Process, save only where the Incapacity Procedure is initiated as a result of a recommendation from the Disciplinary Process, giving rise to a short transitional overlap between the commencement of the case within the Incapacity Procedure and the conclusion of the Disciplinary Process in relation to that Minister.
5. Although the operation of the Incapacity Procedure is not based upon the conscious breach by the Minister of the promises made at ordination, the Review Commission or, in the event of an appeal, the Appeals Review Commission shall, in considering the matter and reaching its decision, in every case have full regard to the Basis of Union* and in particular Paragraph 2 of Schedule E thereto which states the responsibilities undertaken by those who become Ministers of the Church and the criteria which they must apply in the exercise of their ministry.
6. Save only as provided in Paragraph 7, this Part I of the Incapacity Procedure is subject to Paragraph 3(1) of the Structure.
7. Mission Council acting in the name of General Assembly has authority by a single resolution of that Council to make as and when necessary and with immediate effect such changes to any part of the Incapacity Procedure as are, on the advice of the legal advisers to the Church, required to bring that procedure into line with the general law of the land consequent upon any changes in legislation and/or case law and any such changes as are made under this Paragraph shall be reported to the next annual meeting of the General Assembly.
The Revd William Mahood moved that Resolution 10 be remitted to next year’s Assembly. This was seconded by the Revd John Johansen-Berg.
The Assembly agreed.
Mission Council
The remainder of the Mission Council report was briefly considered.
The Honorary Treasurer, Mr Eric Chilton, moved adoption of Resolution 48:
Resolution 48 General Trustees
General Assembly appoints the “United Reformed Church Trust” to serve as Charity Trustee of the United Reformed Church for the purposes of section 97 of the Charities Act 1993 from the close of Assembly 2006 in place of the current trustees Mission Council Advisory Group.
Resolution 48 was carried.
The General Secretary moved adoption of Resolution 49:
Resolution 49
General Assembly approves of the principle of dividing its work into three departments, Ministries, Administration and Resources, and Mission policy and Theology, and instructs the Catch the Vision Steering Group to prepare detailed proposals for the 2007 Assembly.
Resolution 49 was carried.
The Revd Alasdair Pratt took the Chair.
Finance Resolutions
Mr Chilton moved adoption of Resolution 57:
Resolution 57
General Assembly requests all synods to review the methods used to raise their Ministry & Mission Fund contribution, to examine the methods used and proposed in other synods and to report their conclusions to the Finance Committee by the end of January 2007.
Resolution 57 was carried.
Mr Chilton moved adoption of Resolution 59:
Resolution 59
General Assembly agrees to the introduction of a system to monitor deployment allocation and Ministry & Mission Fund contribution across synods and instructs the Finance and Ministries Committees to develop this in consultation with the synods.
Resolution 59 was carried.
Mr Chilton moved adoption of Resolution 60:
Resolution 60
General Assembly welcomes the report of the Review of the Ministry & Mission Fund and instructs the Finance Committee to take forward the remaining Recommendations, in consultation with synods and such other committees of General Assembly as may be appropriate.
Resolution 60 was carried. Mr Chilton moved adoption of resolution 53:
General Assembly considers ministry essential to the worship, life and witness of local churches and wishes to sustain the present link between the number of stipendiary ministers and the overall membership of the Church.
Following brief debate, resolution 53 was carried.
Mr Chilton moved adoption of Resolution 54:
General Assembly reminds local churches that they have the responsibility collectively to support the full cost of ministry; including training, pension contributions and retired ministers housing; through their contributions to the Ministry and Mission Fund.
Resolution 54 was carried.
Mr Chilton moved adoption of Resolution 55:
Resolution 55 2007 Budget
General Assembly accepts the suggestions for reducing expenditure contained in the Catch the Vision report and instructs Mission Council to take what other steps are necessary to reduce the budget deficit for 2007 to an acceptable level.
Ms Isobel Simmons, FURY Chair, proposed the following amendment:
General Assembly accepts the suggestions for reducing expenditure contained in the Catch the Vision report and instructs Mission Council to explore with the relevant committees what steps are possible to reduce the budget deficit.
Seconded by Mr Mark Steel.
The proposer indicated willingness to accept the amendment.
Resolution 55, as amended, was carried.
The Revd Jay Phelps moved adoption of Resolution 63:
Resolution 63
General Assembly instructs Mission Council to investigate and report to the next Assembly the organising of a “National Celebration Event” for the purposes of Celebration, Teaching,Worship and Fellowship to be held every two years and open to all members and adherents, at their own cost.
Seconded by Mrs Irene Wren.
Following debate, Resolution 63 was carried.
The Revd Elizabeth Caswell resumed the Chair.
Synod Resolution
Mrs Val Morrison moved adoption of Resolution 4:
Resolution 4
In the light of the diminishing government funding available for the repair and upkeep of historic church buildings, especially listed buildings, and the diverse way in which the Lottery is now being used to fund other agencies and sources of financial support, General Assembly resolves to revisit its 1995 resolution and instructs Mission Council to report to Assembly 2007.
Seconded by the Revd Arnold Harrison.
Following debate, Resolution 4 was carried.
On behalf of the West Midlands Synod, the Mrs Wilma Frew moved adoption of Resolution 3:
Resolution
3
General Assembly re-affirms the value of the Church Related Community Work ministry and, in particular, the commitment to allocate CRCW posts in each Synod. However, recognising the important contribution of local knowledge in all deployment it asks that the Ministries / CRCW Programme Sub-Committee devolve to the Synods the task of terming and reviewing CRCW posts.
Seconded by Mr Bill Robson.
Malcolm Breeze moved that the Resolution be not put; seconded by Marie Trubic.
The Assembly agreed, by more than the required two thirds majority.
Ministries
Mr John Ellis moved adoption of Resolution 16:
Resolution
16
General Assembly:
a) agrees in principle to replace the existing scheme for ministerial Accompanied Self-Appraisal with a more comprehensive review scheme which would: i) eventually include all Ministers of Word and Sacraments and Church Related Community Workers; ii) operate biennially; iii) be based around an agreed role description for the Minister; iv) retain the confidential accompanied self-appraisal discussion for the Minister; v) include open discussions involving both the Minister and the pastorate or post; vi) would become, from a date to be agreed, a standard part of the Terms of Settlement when a Minister starts in a new pastorate or post;
b) asks the Ministries Committee to prepare a detailed scheme, to consult the Synods and to report back to Mission Council; and
c)
authorises Mission Council to implement a scheme. Following debate, Resolution 16 was carried.
Assembly Commission
The General Secretary reported on Assembly Commissions held during the past year. There had been 1 hearing since Assembly 2005 and the name of the Revd Neville Husband had been deleted from the Roll. The cost had been £2530.41.
The Assembly Clerk moved that:
Assembly receives the minutes of Saturday, and approves the insertion of the minutes of Sunday and Monday into the full minutes after review and any necessary correction by officers of the Assembly.
The Assembly agreed.
Address to the Throne
The Revd Sheila Maxey, former Moderator, presented the address to the Throne:
To the Queen’s Most Excellent Majesty
The General Assembly of the United Reformed Church, meeting in Exeter, sends greetings, in the year of Your Majesty’s 80th Birthday.
This year’s General Assembly has received a study document produced jointly by a working group from our Church and the Methodist Church entitled Peacemaking: a Christian Vocation. It affirms that Christians believe peace to be God’s fundamental will for the created order, and that they have a responsibility to witness to this truth, to those in power.
Three years ago, the Church expressed grave reservations about the wisdom of the military initiative in Iraq, undertaken by Your Majesty’s government and the United States’ administration. Today, as people with a desire for peace and reconciliation, we are greatly troubled by the continuing conflict and loss of life. It seems to us, that the military intervention has resulted in one form of tyranny being replaced by another in that country, and has also damaged Britain’s good reputation in sensitive areas of the world. We hope and pray that the recently installed Iraqi government will be able to bring about order and unity, and we ask that Your Majesty’s government does everything in its power to support it in its endeavours.
Although war divides nations, the issue of climate change should call all governments and peoples to be united in a purposeful response. Most scientific opinion now seems to agree that climate change is happening, and that the actions of human beings are the primary cause. The United Reformed Church is keen to play a constructive part in encouraging its members to be good stewards of God’s creation, both collectively and individually. We hope to use our close relationship with the Kiribati Protestant Church in the Pacific Ocean, to help our members see that actions we take may have a direct bearing on the lives of Christian brothers and sisters on the other side of the world. The islands of Kiribati are rarely as much as three metres above sea level; they will be among the first land areas to vanish, as a result of rising sea levels.
Your Majesty will be aware of the report Faithful Cities: a call for celebration and justice recently produced by the ecumenical Commission on Urban Life and Faith, to which the United Reformed Church contributed. We were pleased that the Commission found that regeneration schemes had brought riches and new opportunities to many localities, but saddened by the confirmation that this regeneration had forced many people to the margins. Perhaps the most shocking finding of the Commission was that ‘We live in one of the most economically unequal countries in Europe’. Other agencies such as Church Action on Poverty and the Citizens Advice Bureau have also drawn attention to the fact that many people are sinking further and further into debt. We urge Your Majesty’s government to act upon the call of the Commission for more to be done to tackle such inequality. As a Church, we will do our best to confront selfish lifestyles, both amongst our membership and in the wider population. It is clear, from the New Testament, that reaching out to the marginalised and dispossessed, was absolutely central to Jesus’ earthly ministry. In this respect, our Church-Related Community Workers exercise a particularly important ministry. Many of our members and local churches are active in public service; we believe this to be both a Christian calling and an essential element in sustaining and re-creating a sense of community and common purpose among peoples and nations.
As people of faith, we are heartened by the part that a personal faith clearly plays in Your Majesty’s own life. We pray that this will both strengthen and sustain, enabling Your Majesty to continue to lead by example.
Revd Elizabeth Caswell Revd Dr David Cornick Moderator General Secretary
The Assembly approved the address.
Moderator-Elect
The Moderator-elect, the Revd Principal Stephen Orchard, addressed the Assembly.
Vote of Thanks
Mr George Morton thanked South West Synod for its welcome and hospitality, and assured members of a warm welcome to the North western Synod in 2007.
The Moderator thanked the staff of the University of Exeter, the Assembly administrative staff, the platform party, musicians and worship leaders.
The General Secretary thanked the Moderator for her conduct of the Assembly’s business.
The Moderator thanked the General Secretary and the members of the Catch the Vision Steering Group.
Closing Worship
Closing worship was led by the Chaplain.
The General Secretary announced that the Assembly had completed its business and would adjourn to meet as agreed at the University of Manchester on 7th July 2007 or at such other place or on such other date as may be necessary.
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