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O > The Ministerial Disciplinary Process
(Known as "The Section O Process")

PROCESS FOR DEALING WITH CASES OF DISCIPLINE -INVOLVING MINISTERS AND CHURCH RELATED COMMUNITY WORKERS 

PART I

• Substantive Provisions

PART II

Rules of Procedure

·         A. General

·         B. Appointment and role of Mandated Group and initiation of Section O

·         C. Reference to and Constitution of the Assembly Commission

·         D. Investigation by the mandated group

·         E. Formal procedures up to and including  the Hearing

·         F. The decision of the Assembly Commission

·         G. Appeals procedure

·         H. Forms, service of documents and miscellaneous matters

·         J. report to General Assembly, costs and retention of records and papers

PART I - Substantive Provisions (governed by General Assembly Function 2(6)(A)(xi) of the Structure of the United Reformed Church) July 2008

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 or a church-related community worker (CRCW) 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 CRCWs as the case may be 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 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 or CRCW 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 or CRCW involved in a case within the Section O Process relates to or involves a perceived incapacity on the part of that minister or CRCW which might render him/her unfit to exercise, or to continue to exercise, the ministry of Word and Sacrament or the ministry of church related community work on account of (i) medical and/or psychiatric illness or (ii) psychological disorder or (iii) addiction, 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 Incapacity Procedure (as

defined in Section A of Part II) be initiated in respect of the minister or CRCW 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 Incapacity Procedure was initiated, whereupon the Assembly

Commission or the Appeals Commission shall make a further Order declaring the Disciplinary case to be concluded, subject only to the continuation of the minister’s or the CRCW’s Suspension until the issue of his/her Suspension has

been resolved in accordance with the 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 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(6) 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 or the CRCW 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 or CRCW if his/her case is currently being dealt with under the Incapacity Procedure.

3.2 The Section O Process may be initiated in respect of a minister or CRCW as a result of a recommendation issuing from the Incapacity Procedure, in which case there may be a short transitional overlap between the commencement of the

Disciplinary case and the conclusion of the case within the 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 (in the case of ministers)

Paragraph 2 of Schedule E thereto and (in the case of CRCWs) Paragraph 2 of Schedule F, Part II thereto which state the responsibilities undertaken by those who become ministers and CRCWs of the United Reformed Church and the respective

criteria which they must apply in the exercise of their ministries.

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 or CRCW occurring prior to his/her ordination to the ministry of Word and Sacrament

or his/her commissioning to the ministry of church related community work as the case may be which, in the Commission’s view and when viewed in the light of Schedule E or Schedule F to the Basis of Union, would have prevented, or was likely to have prevented, him/her from becoming ordained or commissioned, where such conduct was not disclosed by the minister or CRCW to those responsible for assessing his/her candidacy for ordination or commissioning.

5. 5.1 A minister or CRCW may appeal against the decision of the Assembly Commission to delete his/her name from the Roll of ministers or CRCWs 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 or CRCW from the Roll of

ministers or CRCWs 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 or CRCW.

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.

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PART II - Rules of Procedure (governed by General Assembly Function 2(6)(A)(xii) of the Structure of the United Reformed Church)  July 2008

Section O Process Part II –

Rules of Procedure Section O

PART II – Rules of Procedure (governed by General Assembly

Function 2(6)(A)(xii) of the Structure of the United Reformed Church)

A. General

A.1 These are the Rules of Procedure referred to in Paragraph 5 of Part

I.

A.2 A.2.1 In the interests both of the Minister or CRCW as the case

may be and of the whole church, the Section O Process once begun should

be conducted and concluded as expeditiously as possible, consistent with the

proper conduct of the procedures.

A.2.2 To this end, these Rules impose time limits for the various steps

which have to be taken. However it is equally in the interests of all that the

Section O Process once begun should not be aborted, delayed or hindered by

an unduly narrow or restrictive application of the time limits or indeed of any

other aspects of these Rules.

A.3 Accordingly if any of the time limits specified in these Rules of

Procedure are not complied with, the Assembly Commission or, in the event

of an appeal, the Appeals Commission may in its discretion allow a reasonable

further period for such compliance, except as regards the strict time limit

imposed upon the right of appeal (Paragraph G.1). In other cases, if the

Assembly Commission or the Appeals Commission considers that sufficient

time has been allowed and the action required has still not been carried

out or that there has been an unreasonable delay in the carrying out of

the action (whether or not these Rules imposed a time limit in such case),

it may proceed and attach whatever weight it believes appropriate in the

circumstances to such failure to comply, or to any delay in compliance.

A.4 The sole object of the Section O Process is to enable a decision to be

reached in accordance with Section F, or Section G in the event of an appeal.

All statements, whether written or oral, made during and in the context of

this process shall be regarded as being made in pursuance of that object

and for no other reason. All such statements shall be treated as confidential

within the framework of the Section O Process.

A.5 For the purpose of Parts I and II of this Section O, a reference to

any of the Sections A to J shall mean a reference to that Section of this Part

II and the following words and expressions carry the following meanings:-

A.5.1 ‘Appeals Commission’ shall mean the Commission constituted for

the hearing of each Appeal in accordance with Section G.

A.5.2 ‘Appointers’ shall mean, for the purposes of the appointment of (i)

the Assembly Commission or (ii) the Special Appeal Body, the Convener and the

Deputy Convener of the Commission Panel Provided that (i) if either of them

shall be unable to act the General Secretary shall substitute for that one and act

jointly with the other and (ii) if both shall be unable to act the Appointers shall

be the General Secretary and the Moderator of the General Assembly.151

A.5.3 ‘Assembly Commission’ shall mean a Commission consisting of five (5)

persons selected from the Commission Panel for the purpose of hearing and deciding

each case dealt with under the Section O Process.

A.5.4 ‘Basis of Union’ shall mean the Basis of Union of the United Reformed

Church.

A.5.5 ‘Commission Panel’ shall mean a Panel consisting of a maximum of

fifty (50) members of the United Reformed Church from whom shall be chosen the

persons to form the Assembly Commission to hear each case being dealt with under

the Section O Process.

A.5.6 ‘Commission Stage’ shall mean that part of the Section O Process initiated

in accordance with Paragraph B.9.1 and continuing until the conclusion of the case.

A.5.7 ‘Council’ shall mean the council of the Church whose Mandated Group is

called in to act on its behalf under these Rules of Procedure.

A.5.8 ‘CRCW’ shall mean a person whose name is on the Roll of Church Related

Community Workers who is under consideration within the Section O Process (and

see also Paragraph A.10).

A.5.9 ‘Deletion’ and ‘ to delete’ shall mean the removal of/to remove the name

of a Minister or a CRCW from the Roll of Ministers or Church Related Community

Workers as the case may be other than at the request of the Minister or CRCW

concerned or by the acceptance of his/her resignation or by his/her death.

A.5.10 ‘Hearing’ shall mean the Hearing conducted by the Assembly Commission

or the Appeals Commission under Section E or Section G.

A.5.11 ‘Incapacity Procedure’ shall mean the Procedure operated by the United

Reformed Church for the purpose of dealing with cases involving the incapacity of

Ministers or CRCWs and contained in Section P of the Church’s Manual (and for the

avoidance of doubt this is the definition referred to in Paragraph 1.3.1 of Part I).

A.5.12 ‘Initial Enquiry’ shall mean the enquiry conducted by the Mandated Group,

in conjunction with the person calling in the Mandated Group in accordance with the

provisions of Section B, during the period beginning when it is so called in and ending

when it serves either a Notice of Non-Continuance or a Referral Notice in accordance

with these Rules of Procedure.

A.5.13 ‘Investigation’ shall mean the process of investigation carried out by the

Mandated Group as set out in Section D.

A.5.14 ‘Joint Panel’ shall mean the Panel as defined in Paragraph B.2.2 from which

one person shall be appointed to be a member of the Mandated Group.

A.5.15 ‘Mandated Group’ shall mean the group mandated to act in the name of a

Synod or General Assembly (or Mission Council acting on its behalf) under Section B

of these Rules of Procedure.

A.5.16 ‘Minister’ shall mean a person whose name is on the Roll of Ministers who

is under consideration within the Section O Process (and see also Paragraph A.10).

A.5.17 ‘Notice of Appeal’ shall mean a Notice specified in Paragraph G.1 whereby

either of the parties in any case indicates his/her/its intention to appeal against the

decision of the Assembly Commission.

A.5.18 ‘Notice of Non-Continuance’ shall mean a Notice served under Paragraph

B.8.2 at the conclusion of the Initial Enquiry by the Mandated Group on the person

calling it in to indicate that the Mandated Group does not intend to proceed further

with the disciplinary case against the Minister or CRCW.

A.5.19 ‘Notice of Reference back’ shall mean a Notice from the Appeals

Commission of any reference back for a re-hearing by the Assembly Commission

under Paragraph G.11.7.

A.5.20 ‘Outside organisation’ shall mean any body or organisation outside the

Church by which the Minister or CRCW is employed or with which the Minister or

CRCW holds any position or post or has any involvement, paid or unpaid, where such

body or organisation would have a reasonable and proper expectation of being made

aware of the particular step(s) being taken and/or the particular recommendation(s)

or guidance being issued under the relevant paragraph of these Rules of Procedure in

which the reference to the expression ‘Outside Organisation’ appears.

A.5.21 ‘Parties’ shall mean (i) the Council, which for the purpose of the Section

O Process shall act solely and exclusively through the Mandated Group, and (ii) the

Minister or CRCW.

A.5.22 ‘Press Officer’ shall mean the person appointed to act for the Church and to

be its spokesperson as regards its interaction with the Press and other media bodies.

A.5.23 ‘Referral Notice’ shall mean a Notice specified in Paragraph B.10.1

whereby a case involving a Minister or CRCW is referred into the Commission Stage

and shall include any statement of reasons for such referral which may be appended

to it.

A.5.24 ‘Roll of CRCWs’ shall mean the Roll of Church Related Community Workers

defined in the first paragraph of Schedule F, Part II to the Basis of Union (and see

also Paragraph A.10).

A.5.25 ‘Roll of Ministers’ shall have the meaning given to it in Paragraph 1 of

Schedule E to the Basis of Union (and see also Paragraph A.10).

A.5.26 ‘Rules of Procedure’ shall mean the Rules of Procedure governing the

system of ministerial or CRCW-related discipline commencing with the exercise by

the Synod or General Assembly of its function as set out in Paragraph 2(4)(A)(xvii) or

Paragraph 2(6)(A)(xxiii) of the Structure as the case may be and continuing throughout

the Section O Process such Rules being contained in this Part II of Section O.

A.5.27 ‘Secretary of the Assembly Commission’ shall mean the person

appointed by the General Assembly on the advice of the Nominations Committee to

be responsible for all secretarial and procedural matters laid upon him/her by virtue

of the Section O Process, and the period and terms of office of that person shall be

such as the General Assembly shall decide.

A.5.28 ‘Section O Process’ shall mean the whole Process set out in Parts I and II

of this Section O (subject to such variations as shall from time to time be made).

A.5.29 ‘Special Appeals Body’ shall mean the body appointed to hear appeals

under Paragraph E.5.3 against a proposed reference back and recommendation to

commence the Incapacity Procedure.

A.5.30 ‘Structure’ shall mean the Structure of the United Reformed Church.

A.5.31 ‘Suspension’ and ‘to suspend’ shall have the meanings assigned to them

in Paragraphs 3 and 4 of Schedule E to the Basis of Union and the third and fourth

paragraphs of Part II of Schedule F to the Basis of Union.

A.5.32 ‘Synod’ shall mean that Synod which in relation to any Minister or CRCW

exercises oversight of that Minister or CRCW in accordance with its function under

Paragraph 2(4)(A)(xv) of the Structure.

A.5.33 ‘Synod Panel’ shall mean the Panel referred to in Paragraph B.2.1 from

which persons shall be appointed to be members of the Mandated Group.

A.6 A.6.1 Subject to the age limit imposed by Paragraph A.6.4, appointment

to the Commission Panel shall be by Resolution of the General Assembly on the advice

of the Nominations Committee (or such other committee as may in the future perform

the functions of the Nominations Committee), who shall in considering persons for

appointment take into account (i) the need for balance and for a variety of skills and

specialisations, particularly in the following areas – experience in ministerial oversight,

theology and doctrine, law, counselling, psychology, mental health, experience

in conduct of meetings and tribunals, and (ii) the advantages of including on the

Commission Panel persons from a variety of ethnic minority backgrounds.

A.6.2 Subject to the age limit imposed by Paragraph A.6.4, members of the

Commission Panel shall be appointed for such term not exceeding five (5) years

as the General Assembly shall in each case think fit with power for the General

Assembly to determine any such appointment during its term or to renew any such

appointment for successive terms of five (5) years each, but any person who reaches

the end of the term of his/her appointment on the Commission Panel whilst serving

as a member of an Assembly Commission in a case in progress may continue so to

serve until the conclusion of that case.

A.6.3 The General Assembly shall appoint from the Commission Panel one

member to be the Convener of the Commission Panel and one member to be the

Deputy Convener of the Commission Panel, each (subject to the provisions of

Paragraph A.6.2) to serve for such period as General Assembly shall decide.

A.6.4 When any member of the Commission Panel reaches the age of seventy,

s/he must forthwith resign from the Commission Panel and shall no longer be eligible

to serve on any new Assembly Commission, but any person who reaches his/her

seventieth birthday whilst serving on an Assembly Commission in a case in progress

may continue so to serve until the conclusion of that case.

A.7 In any case where a person authorised or required to take some action

regarding (i) the appointment of persons to any Mandated Group or (ii) the calling in

of a Mandated Group or (iii) some other administrative or procedural matter under

the Section O Process is unable for any reason to do so, then, unless the Section

O Process already makes specific provision for such a situation, that person’s duly

appointed deputy shall take such action in his/her place. This Paragraph does

not permit any member of an Assembly Commission, an Appeals Commission or a

Mandated Group to appoint his/her own deputy.

A.8 In any case where the Secretary of the Assembly Commission (or the

General Secretary in the case of Appeals, save where Paragraph G.10.5 applies) is

unable for any reason to carry out the duties of that office, his/her place shall be

taken by a deputy duly authorised by or in the name of General Assembly.

A.9 Where any issue or question arises relating to procedure or to the proper

expedition of the Process whilst the matter is under the jurisdiction of the Assembly

Commission or the Appeals Commission that Commission shall resolve each

such issue or question or give such directions as shall appear to it to be just and

appropriate in the circumstances.

A.10 For the avoidance of repetition, whenever the word ‘ Minister’ or the

expression ‘the Roll of Ministers’ or any word or expression relating to a Minister or

ministry appears in the Section O Process, it shall be taken as being equally referable

to a CRCW or to the Roll of CRCWs or to the office of CRCW as the case may be,

unless such construction is precluded by the context.

A.11 The Church recognises that, from time to time, cases falling within the

Section O Process may attract the attention of the national or local press and

other media organisations and authorises Synod Moderators, Assembly Officers

and the Secretary of the Assembly Commission to supply to the Press Officer such

information as s/he may reasonably require to deal with all press/media enquiries

in a tactful and discreet manner so as to protect the interests of the Church, the

Minister and all others involved in the case. This paragraph is intended to take effect

independently of and in addition to those paragraphs throughout these Rules of

Procedure under which the Press Officer has been identified as one of the persons to

whom specific information is given at various points in the Process.

B. Appointment and role of Mandated Group and

initiation of Section O

B.1 B.1.1 To enable them to carry out their respective functions under

Paragraphs 2(4)(A)(xvii) and 2(6)(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.1.2 The Mandated Group called in to deal with any particular case under the

provisions of this Section B has no pastoral role to fulfil and its precise functions are

described in Paragraphs B.8 and B.9.

B.2. B.2.1 Every Synod shall appoint and maintain a panel (‘the Synod Panel’) of

persons from that Synod and, in considering persons for appointment, regard shall be

had for achieving as wide a geographical representation within the Synod as possible.

B.2.2 There shall also 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.3.1 In cases arising under Paragraph 2(4)(A)(xvii) of the Structure (Synods), 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.2.1 and

B.2.2 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.6.1/4.

B.3.2 In cases arising under Paragraph 2(6)(A)(xxiii) of the Structure (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 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.6.1/4.

B.3.3 In cases arising under Paragraph B.3.2, 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.3.4 Should the Moderator of the Synod or the Deputy General Secretary

receive in accordance with the provisions applicable to the Incapacity Procedure a

recommendation falling under Paragraph 3.2 of Part I, s/he may regard this as a

sufficient indication of a possible disciplinary issue as to justify the calling in of the

Mandated Group under the provisions of Paragraph B.3.1 or Paragraph B.3.2.

B.3.5 On any occasion throughout the Section O Process where notices and

papers are required to be sent to the Moderator of the Synod, then in a case

proceeding under Paragraph B.3.2 they shall also be sent to the Deputy General

Secretary.

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

person calling in the Mandated Group 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 C.3.1.

B.6 B.6.1 In constituting the Mandated Group, the person so doing shall

follow the procedures set out in Paragraph B.3.1 or in Paragraphs B.3.2 and B.3.3,

whichever procedure is appropriate to the particular case, advising the members of

the Mandated Group of the identity of the Minister but giving no further information

at that point.

B.6.2 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 the Synod

Panel and/or the Joint Panel shall continue until a Mandated Group consisting of three

members has been duly constituted.

B.6.3 The commencement of the steps set out in Paragraphs B.3, B.4 and B.5 to

constitute the Mandated Group marks the commencement of the Section O Process

and the completion of those steps marks the calling in of the Mandated Group for the

purposes of these Rules of Procedure.

B.6.4 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.7.1 In cases of extreme emergency, the Moderator of the Synod or other

person entitled to call in the Mandated Group 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, suspend the Minister with immediate effect either orally or in writing.

Suspension imposed orally shall be immediately confirmed in writing to the Minister.

B.7.2 The person imposing the Suspension under Paragraph B.7.1 shall forthwith

(i) give written notice of the Minister’s Suspension to the Moderator of the Synod (if

s/he is not the person calling in the Mandated Group), the Synod Clerk, the General

Secretary, the Press Officer and the Secretary for Ministries, and (ii) make a written

disclosure of the Minister’s Suspension to the responsible officer of any relevant

Outside Organisation (as defined in Paragraph A.5.20). The Notice shall stress to

all the recipients the sensitive nature of the information imparted and the need to

exercise care and discretion as to how it is used. In order to preserve confidentiality

any notice or disclosure given under this Paragraph shall not disclose any reason for

the imposition of the Suspension (see also Paragraphs B.9.2 and B.11). However,

any such notice or disclosure shall contain a statement explaining the effect of

Suspension as outlined in either Paragraph 4 of Schedule E to the Basis of Union

or the fourth paragraph of Part II of Schedule F to the Basis of Union whichever is

relevant and shall (if such be the case) state that the Police have been apprised of the

matter giving rise to the Suspension.

B.7.3 If a Minister entering the Section O Process has already been suspended

under the Incapacity Procedure, that suspension shall continue until it is terminated in

accordance with these Rules of Procedure and meanwhile shall be governed by them.

B.7.4 Suspension imposed under Paragraph B.7.1 shall continue during the

Mandated Group’s initial enquiry period referred to in Paragraph B.8.1. 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.7.5 In the event that the initial enquiry period terminates without the issue of a

Referral Notice, the Minister’s Suspension under Paragraph B.7.1 shall automatically

cease on the issue of a Notice of Non-Continuance under Paragraph B.8.2, whereupon

the person imposing the Suspension under Paragraph B.7.1 shall give written notice

of the cessation of the Suspension both to the Minister and to the persons specified in

Paragraph B.7.2.

B.8 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.8 (as regards the initial enquiry) and in Paragraph B.9 (as regards the

Investigation):

B.8.1 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.8.2 and B.8.3.

B.8.2 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.8.3 On receipt of a Notice of Non-Continuance the person calling in the

Mandated Group shall forthwith notify the Minister, the Moderator of the Synod (if

s/he was not the person calling in the Mandated Group) and the Synod Clerk 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.7.1, s/he

must notify all the persons, bodies and organisations specified in Paragraph B.7.2

that disciplinary proceedings against the Minister and the Minister’s Suspension are

terminated with immediate effect.

B.8.4 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.9.1 and B.9.3 whereupon the Commission Stage will be initiated.

B.9 B.9.1 Whenever the Mandated Group, having as a result of its Initial

Enquiry become aware of any information relating to the Minister concerned which

might require disciplinary investigation, concludes unanimously or by a majority that

this is indeed so, it shall forthwith in the name of the Synod suspend the Minister

(unless s/he has already been suspended under Paragraph B.7.1, 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 B.10. 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.9.2 Suspension, whether imposed under Paragraph B.7.1 or B.9.1, 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 or the CRCW’s

salary or the Minister’s or CRCW’s pension arrangements under the relevant United

Reformed Church Pension Scheme.

B.9.3 The Mandated Group shall forthwith, by written notice to the person who

called it in, advise him/her of the issue of the Referral Notice and the Notice of

Suspension, and that person shall in turn forthwith (i) give written notice thereof

to the Moderator of the Synod (if s/he is not the person calling in the Mandated

Group) the Synod Clerk, the General Secretary, the Press Officer and the Secretary

for Ministries, and (ii) make a written disclosure of the Minister’s Suspension to the

responsible officer of any relevant Outside Organisation, unless notice thereof has

already been given to that Outside Organisation under Paragraph B.7.2. The Notice

shall stress to all the recipients the sensitive nature of the information imparted and

the need to exercise care and discretion as to how it is used. In order to preserve

confidentiality any notice or disclosure given under this Paragraph shall not disclose

any reason for the imposition of the Suspension (see also Paragraphs B.9.2 and B.11).

However, any such notice or disclosure shall contain a statement explaining the effect

of Suspension as outlined in either Paragraph 4 of Schedule E to the Basis of Union

or the fourth paragraph of Part II of Schedule F to the Basis of Union whichever is

relevant and shall (if such be the case) state that the Police have been apprised of the

matter giving rise to the Suspension.

B.9.4 During the Commission Stage it is the responsibility of the Mandated

Group to conduct the Investigation in accordance with Section D, 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.10 To initiate the Commission Stage pursuant to Paragraph B.9.1, 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 which must

disclose the name and address of any Outside Organisation notified of the Minister’s

Suspension under either Paragraph B.7.2 or Paragraph B.9.3.

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.7.1 applies).

B.11 The Notice of Suspension, whether issued under Paragraph B.7.1 or Paragraph

B.9.1, shall inform the Minister that, in accordance with these Rules of Procedure, any

conduct on his/her part during such Suspension which breaches or contravenes either

Paragraph 4 of Schedule E to the Basis of Union or the fourth paragraph of Part II of