 |
|
M > Information for Local Churches
DIVORCED
AND SEPARATED SPOUSES OF MINISTERS
Pastoral care at the time of divorce or separation
The
pastoral support of divorced and separated ministers, their spouses and
families, is a responsibility shared by the local church, relevant
pastoral committees, and the synod moderator.
It is vital that they all work together because it is extremely
unlikely that any one of them has the information and resources to give
all the help needed. The
following check list is offered:
(a)
There must be an early consultation between the local church,
relevant pastoral committees(s) and synod moderator.
Any of them should feel free to initiate it but it is essential
that the synod moderator is brought in from the outset.
(b)
The synod moderator will have knowledge of and access to
appropriate financial resources in the synod or in Assembly funds.
She/he also has access to the Assembly Pastoral Reference Committee
which may need to be consulted (through its Secretary) about the details
of the case or about resources available.
S/he should also have information concerning groups (such as Broken
Rites) which can provide expert continuing support.
(c)
Separate sources of support for each of the parties must be
identified and agreed quickly, and channels of communication established.
Both the minister and spouse need to know what is proposed and be
able to comment on it.
(d)
The District Council may need to arrange for a representative to be
present (and possibly take the chair) at church and elders' meetings
dealing with the consequences of divorce or separation.
(e)
Care needs to be taken not to prejudice the legal position of
either of the parties by the church taking hasty of uninformed action.
(f)
The parties need to have accurate and up-to-date information on
their rights and responsibilities. Anyone
helping them should direct them to a reliable source.
The local branch of the Citizen's Advice Bureau is often the best
place.
(g) No action in regard to the occupation of the manse by other than the minister should be taken without legal advice and consultation with the District Council and trustees.
Good practice _ Safeguarding children and young people
In
1994 the General Assembly of the United Reformed Church passed the
following resolution:
Assembly,
recognising the value of the Good Practice pack, urges every local
congregation to discuss the material as a matter of urgency and implement
the good practice suggested, as part of the church's obligation to take
all reasonable steps to ensure the safety of children and young people
involved in its life.
The
pack, containing advice for action by Elders and Church Meeting, sample
forms and recommendations, was sent to every local church. Updates and adjustments have been made and widely publicised.
URCHIN (United Reformed Children's Information Network) a thrice-yearly
publication from the Youth and Children's Work office carries the latest
information. The current pack
is available from the United Reformed Church bookshop. Support in tackling
the issues is available through Synods and Districts. The Youth and Children's Work Trainers are able to offer
training events. The
Kaleidoscope training material, for those working with children in the
church, contains a section on safeguarding.
A
further resolution was passed at the General Assembly in 1997:
General
Assembly resolves to ensure that the aims of the document 'Good Practice'
are implemented and monitored in the life of local churches of the United
Reformed Church through the Provincial Synods and District Councils
overseen by the Assembly Youth and Children's Work Committee.
This
monitoring process continues.
Further
information can be obtained through the Youth and Children's Work Office.
The
Youth & Children's Work Committee recommends the following handbooks
be used as reference guides:-
AMAZE
(Association of Christian Youth & Children's Workers) Employment
Manual
PO
Box 5898
NCVO
Good Employment Guide for the Voluntary Sector
NCVO
(National Council for Voluntary Organisations)
YMCA
Children's Work Handbook
YMCA
England
The
Youth & Children's Work Office has bought into the schemes nationally.
Youth and Children's Work training officers hold copies for each
Synod. Churches may want to
join the various schemes individually and should do so by subscribing
direct.
The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order applies to Listed Buildings and buildings in Conservation Areas belonging to The United Reformed Church. From lst January 1995 local churches and others in control of such buildings who are proposing to carry out any work upon them must comply with the relevant procedures. These are being operated on a synodical basis. The Procedure document itself appears on the URC website at Our Work - Property Matters, omitting the detailed appeals procedure. You may also refer to your Synod Office for a complete copy and for the explanatory Guidelines and Flowchart and for general information about the steps which you will need to take.
Under
the Food Premises (Registration) Regulations 1991, those in charge of
premises where food is sold on five or more days, whether consecutive or
not, in any period of five consecutive weeks, have a duty to apply for
registration of those premises with the appropriate local authority.
It
is not necessary to register where the only food being supplied consists
of beverages, or biscuits, crisps and other similar dry products which do
not need preparation.
However
churches which supply food on a regular basis, such as luncheon clubs etc,
will need to register.
For
more detailed information churches should contact the Environmental Health
Department of their local authority.
Employment law and the status of stipendiary ministers
1.
From time to time the question of the status of stipendiary
ministers under employment law arises and the purpose of this paper is to
set out the position.
2.
Under UK Law ministers are not regarded as employed but as holders
of an office.
3.
A minister is called to serve a pastorate, the call being concurred
with by the District Council. The
terms of the agreement with the congregation, in accordance with the
minister's ordination promises, will include a requirement to lead the
Church in worship, to preach the Word and administer the Sacraments, to
exercise pastoral care and oversight, to take a part in the councils of
the Church, and to give leadership to the Church in its mission to the
world. (Basis of Union,
Schedule C, question 7. The
structures of the United Reformed Church require a minister normally to
preside at Church and Elders' meetings.
Although a minister is also expected to undertake many other duties
at unspecified times, the minister's relationship with the local
congregation and with the United Reformed Church as
whole does not amount, for the purposes of employment law, to a
contract of service.
4.
The question of the minister's employment status was probably
academic until 30 or so years ago when legislation began to give greater
rights to employees (e.g. over tenure of employment) and all employees are
now entitled, in the terms of Employment Rights Act 1996 (which
incorporated earlier legislation), to receive written terms and conditions
of employment. By its very
nature, the work of a minister does not lend itself to such regulation,
and ministers have not, so far, been caught up in the employment
legislation.
5.
There have been a number of cases before employment tribunals and
higher courts where ministers have claimed that they have been improperly
dismissed from an employment situation.
These claims have never been upheld by the courts.
So far as we are aware, although these cases have affected
Presbyterian Church of Wales and Methodist ministers and, particularly,
Anglican priests, there has never been such a case involving a United
Reformed Church minister.
6.
The situation is not different for ministers called to central
appointments or to appointments within synod, except where a minister
takes a position in a non-pastoral role, where both the church and the
minister will enter into a contract of employment.
7.
Ministers and Income Tax
As
holders of an office, ministers fall to be assessed to tax under schedule
E (PAYE) in respect of the emoluments arising directly from their service
to the Church.
8.
Ministers and National Insurance
Prior
to 1978 ministers were regarded as being self-employed, and they paid
self-employed National Insurance contributions.
With the introduction, in 1978, of the State Earnings Related
Pension Scheme (SERPS) it became apparent that it was appropriate for
ministers to be regarded as employed persons for National Insurance
purposes only and the Churches Main Committee negotiated the appropriate
change in designation. This did not change the minister's status as a holder of an
office.
Minibus and coaches carrying children
Churches
which use minibuses or coaches to transport children and young people
should be aware of legislation regarding the drivers of such vehicles and
the requirements regarding seat belts.
Documents
can be obtained from the Department of Transport, VSE 6, 2/06 Great
Minster House, 76 Marsham Street, London SW1P 4DR.
More general advice and information can be sought from:
The Community Transport Association
All
materials, words, music and illustrations, during the lifetime of an
author or composer and for a period of 50 years after death, are covered
by the Copyright Act of 1988. In
July 1995 the period was extended to 70 years after death.
Permission
must be obtained in writing for
all items used which are within the 70 year time limit, and since such
permissions are given or withheld at the discretion of the copyright
holder, an application must be made and a reply received, before the
printing of a service sheet or any other kind of publication.
Such permission may include the payment of a fee, specific wording
and a note as to the positioning
of an acknowledgement. Music
or material to be included in a publication intended for re-sale will
usually be subject to a more detailed application to the copyright holder
and the payment of a larger fee or royalty.
These conditions also apply to Overhead Transparencies.
The Bible, in the Authorised Version is in perpetual copyright and
permission must be sought before any part, longer than one verse, is
reproduced. All other
versions are covered by the Copyright Act.
Service
sheets for special occasions, including weddings, funerals, ordinations
and inductions etc are subject to the same regulations, although for a
funeral permission may be sought by telephone.
For these occasions the fee is sometimes waived.
Photocopying
pre-printed material is totally illegal without permission.
The rights to the page image of any publication are held by the
body responsible for the work for 25 years after the date of the last
printing; eg the United Reformed Church retains the page rights of
Congregational Praise (last printing 1978) and the Book of Services (1980)
both of which are now out of print, as well as the Service Book (1989).
In addition to obtaining permission to photocopy from the body
responsible, copyright will also need to be cleared for each item used
which falls within the time limits listed above.
The copyright holder for the volume is generally shown on the
reverse of the title page and individual copyright holders are listed
separately, or where requested, alongside each item.
New
arrangements of copyright material, words or music, can only be made and
circulated after written permission is obtained from the copyright holder.
Some
material, deemed to be in the Public Domain, which may be freely used in
magazines etc is available in books, magazines, computer programmes and on
websites. This is usually labelled as 'copyright free'.
The
Christian Copyright Licensing Association administers the Copyright
Licence Scheme which covers most, but not all, publishers of hymns.
For the payment of an annual fee and the completion of an annual
return, material covered by the scheme may be used freely. Separate schemes are operated for words and music.
Tape
recordings of services or other live worship which are for PERSONAL USE
ONLY, may be made without the need to obtain copyright clearance. However, churches which record services for the elderly or
housebound should obtain a licence. Licences for both audio and visual
tapes are available from
Christian Copyright Licensing, PO Box 1339, Eastbourne BN21 1AD.
Following
the General Assembly 1996 a group copyright licence to cover the
reproduction in service sheets, on display boards and through overhead
projector slides and similar mechanical means, of the words of
hymns, songs and other worship material, which fall within the scope of
the licence, and the recording of acts of worship on audio and video tape,
in all local churches of the United Reformed Church which agree to opt
into the scheme and to meet their share of the costs of the annual licence
fee has been negotiated.
PERFORMING
RIGHTS SOCIETY (PRS) LICENCE Christian
Copyright Licensing (Europe) are now
the agents for PRS Church Licences.
A
PRS Church Licence is needed for churches and church halls where the
playing of, or permitting the use of, music of almost any kind takes
place. It is now the
responsibility of the Church to obtain the licence.
"Music
Use" includes one or more of the following : concerts and recitals;
discos, dances and karioke sessions, areobic; keep fit or dancing classes;
film or video shows; background music by means or television, radio ; tape
recorders, CD, video players and juke boxes at such events as coffee
mornings, youth clubs, fetes, bazaars etc .
Where
music is strictly confined to Divine Worship only, PRS will not press for
a licence to be obtained for the time being.
However should this decision be changed the PRS Church Licence
covering secular performances will be deemed to cover music at Divine
Worship without distinction or further charge.
For
further information and advice about copyright, please contact the
|
|