Presbytery regulations
1 SICK SUPPLY
(a) When a minister is incapacitated for duty through illness, he/she must submit a medical certificate to the Ministries Council. At the same time he/she must inform the Presbytery Clerk of his/her absence.
(b) Expenses for pulpit supply during the period of illness must be paid by the congregation and a refund claimed from the Ministries Council.
(c) Supply shall be arranged by the minister: the Presbytery Clerk shall be notified. Where there is any difficulty, every assistance will be given by Presbytery.
(d) In cases where a locum tenens is engaged, Presbytery shall make such arrangements as may be deemed advisable.
(e) In the interval between meetings of Presbytery the Clerk shall be authorized to deal with applications and arrangements and shall report to Presbytery thereon at its next ordinary meeting.
(f) The Patrick Home Bequest Fund for Sick Relief may, at the discretion of Presbytery, be used to finance grants to ministers and deacons who are unfit for work for a prolonged period.
2 INTIMATIONS TO MINISTERS ON INDUCTION On the appointment of a minister to a charge he/she shall receive (a) a note of the boundaries of his/her parish(es), and (b) Standing Orders and Regulations of Presbytery.
3 METHOD OF SELECTING THE MODERATOR OF PRESBYTERY While it is of course a matter for Presbytery itself to decide on, the process of selection of the Moderator of Presbytery has started each year (since 1995) with the Business Committee. At a meeting early in the year that Committee has appointed a sub-committee of three persons comprising the outgoing Moderator, one person who had been a member of the sub-committee the previous year and one other person who had not been a member the previous year. That sub-committee is required to report to the Committee at a meeting in April or May with three names, taking into consideration nominations submitted by individual members of Presbytery, who are invited so to do. Before submitting names to the Business Committee the sub-committee should ascertain whether or not the nominees are willing to allow themselves to be nominated. The sub-committee is required to ensure that at least one of their nominees is a minister and at least one a non-minister. Although not bound to choose any of those named, the Business Committee then agrees on a person to recommend to Presbytery, which it does at ITS June meeting.
4 MEMBERS' TRAVELLING AND OTHER EXPENSES
(a) Travelling expenses of members attending meetings of Presbytery and its committees or discharging other presbyterial duties may, unless covered by congregational payments, be claimed from Presbytery as follows –
(i) ordinary bus fare;
(ii) car mileage at 25p a mile.
(b) Conveners of committees may claim additional expenses necessarily incurred.
(c) Expenses shall normally be paid against claims in December each year.
(d) Claims arising in special circumstances [e.g. sub-para (b) above] and of those ceasing to be members of Presbytery may be claimed at any time.
5 THE FINANCIAL YEAR of Presbytery shall end on the last day of December. The Treasurer shall normally submit to the ordinary meeting in February the independently-examined statement of account together with a budget for the ensuing year. Two independent examiners shall be appointed annually in November.
6 STANDING COMMITTEES OF PRESBYTERY
(a) Standing committees shall be appointed annually in September.
(b) The Business Committee shall consist of the Moderator, the Clerk, the Treasurer, the Press and Publicity Officer, the Convener of the Forward Planning Co-ordinating Group, the conveners of all standing committees and eight others, of whom at least four shall be elders. Each June a list shall be drawn up of those members of the Committee as it would be in the forthcoming session, taking into account the new Moderator, the other office-bearers, the committee conveners and those 'extra' members whose three-year term of office has not expired. The Committee shall suggest names of members of Presbytery to fill the available 'extra' places, ensuring that both women and men are represented and that there is at least one member (two if possible) of the Committee from all eight clusters of parishes. The term of office of 'extra' elders shall last for three years and in normal circumstances immediate reelection shall be barred.
(c) The Emergency Committee shall consist of the Moderator (ex officio) (who shall be its Convener), the Clerk (ex officio), the Convener of the Business Committee (ex officio) and not more than six others who shall serve for not more than four years at any one time. If at any time there is an acting Clerk and/or an acting Convener of the Business Committee, that person/those persons shall serve on the Committee in place of the person(s) for whom he/she/they act(s). In the absence of the Moderator the Committee itself shall elect a Convener.
(d) The Business Committee shall submit lists for the guidance of Presbytery in the appointment of members of standing committees.
(e) No person shall serve - other than in an ex officio capacity - on more than one committee apart from the Business, Emergency and Dunbar Bursaries Committees and the Forward Planning Co-ordinating Group.
(f) (i) Conveners shall be appointed annually in February for the following year from 1 July.
(ii) No person shall be convener of more than one standing committee.
(iii) No convener shall serve for more than three years unless Presbytery decide otherwise by a vote of at least two to one after Notice of Motion.
(g) Every committee shall appoint from its own membership a vice-convener who shall carry out the duties of convener during any period of absence or illness of the convener. In the event of a convener being absent and/or unable to carry out the duties of convenership - for whatever reason - for a period of thirty consecutive days without the immediate prospect of a return to duties, (i) the vice-convener shall be required to act as convener forthwith, and (ii) the convener shall not be permitted to return to his/her duties except at the discretion of the Business Committee after due consultation with him/her.
(h) Notwithstanding the terms of the foregoing paragraph, in February of the expected final year of a convener's term of office Presbytery shall appoint one of its own members as vice-convener (who shall not necessarily be the person who has served as vice-convener up to that time) with a view to succeeding to the office of convener the following July.
(i) The Moderator and the Clerk shall be ex officio members of all standing committees.
(j) Members of Assembly councils shall be ex officio members of the corresponding committee of Presbytery.
(k) Members of congregations within the bounds who are not members of Presbytery may, for special reasons, be appointed members of standing committees. The committees concerned shall submit names to the Business Committee for nomination by Presbytery.
(l) Minutes of all committees shall be preserved with the sederunt included.
7 COMMISSIONERS TO THE GENERAL ASSEMBLY The Clerk shall be nominated annually ex officio as a commissioner to the General Assembly. Ministers to be nominated for election as commissioners shall be chosen by rotation according to the list of charges on the Roll of Presbytery. No more than three retired ministers shall be nominated annually. Other ministerial members of Presbytery shall be so nominated as to give attendance at Assembly in like frequency with ministers in charges. When a minister is unable to attend, the vacancy shall be filled by means of a draw by lot.
In the nomination of elders, kirk sessions shall be instructed in rotation, according to the list of congregations on the Roll of Presbytery, to nominate a bona fide elder not necessarily of their own number but not from a session outwith the bounds of Presbytery. A kirk session failing to nominate shall lose the right of nomination until it next qualifies in rotation and the vacancy shall be filled by Presbytery.
8 PROPERTY MATTERS (NOTE: The following is a summary of the General Assembly Regulations Regarding Work at Ecclesiastical Buildings, to which reference should always be made when work on a building is contem-plated.)
(a) Congregations proposing any alteration to property (other than routine maintenance) or the erection of any memorial shall obtain Presbytery approval before taking any action.
(b) Maintenance or repair work (including, where appropriate, professional fees and VAT) costing up to £15,000 (Presbytery's 'current Resolution Limit') in any one year need not be reported to Presbytery.
(c) Maintenance or repair work costing in excess of Presbytery's current Resolution Limit in any one year must be approved by the Property Committee before work can commence.
(d) The Property Committee have power delegated from Presbytery to approve expenditure on maintenance and repairs up to a total cost of £35,000 in any congregation in any one year.
(e) Presbytery's Parish Resources and Mission Committee shall consider all property applications where adaptation or extension is considered or where expenditure exceeds £35,000 or where permission has been sought to use funds held by the General Trusteees, also property applications where the Committee has refused permission to proceed.
(f) All work - whether maintenance/repair or alteration/improvement - costing in excess of Presbytery's current Resolution Limit and up to £50,000 (the current 'Financial Limit' under General Assembly Regulations) must be approved by Presbytery before work can commence.
(g) When a congregation wishes to incur major works (i.e. those costing in excess of Presbytery's current Resolution Limit), a Business Plan shall be prepared showing how the proposals are to be financed, taking into account any phasing, inflation, funding costs etc. A stated assurance from the financial court of the congregation, to the effect that the funding of the proposed works will not in their opinion adversely affect the normal congregational giving, will also be required.
(h) Work of an emergency nature, such as repair of dangerous stonework, which has to be carried out immediately, may be carried out but must be reported to the Convener of the Property Committee as soon as possible.
(i) All alterations, extensions or new building costing in excess of Presbytery's current Resolution Limit must, in addition to receiving the approval of Presbytery, have the approval of the Ministries Council, the Church Art and Architecture Committee and the General Trustees before any work is carried out.
(j) All applications for grants and/or loans from the General Trustees, Historic Scotland and other bodies must receive the approval of Presbytery in the first instance and the approval thereafter of the General Trustees. Appropriate application forms are obtainable from the Convener of the Property Committee.
(k) The Church Art and Architecture Committee must be consulted when redecoration or the reordering of interiors is being contemplated, also on matters relating to stained glass, wall hangings, organs and the like.
(l) If there is any doubt about procedure, contact should be made with the Convener of Presbytery's Property Committee. It is advisable to contact the Convener about any proposals for works of any kind at the earliest stage in order to allow Presbytery to assist in processing any application for permissions as smoothly and rapidly as possible, within Presbytery and General Assembly Regulations.
(m) All property applications which require approval must be in the hands of the Property Committee two weeks prior to the appropriate meeting of the Business Committee in order to be considered by Presbytery at its next meeting.
(n) A separate Advisory Note concerning property matters has been circulated to all ministers, session clerks, clerks to congregational boards, fabric conveners and presbytery elders. Further copies are available from the Convener of Presbytery's Property Committee at any time.
(o) Property registers should include the following (churches and halls only) –
a list of buildings and who holds the title;
the level of insurance in respect of each ecclesiastical building;
an inventory of furnishings and equipment;
details of repairs and improvements carried out year by year;
evidence of servicing of boiler and heating system;
date and recommendations from professional property survey reports;
a summary of urgent and essential items identified during each inspection;
date and recommendations from professional property survey reports
a fire safety risk assessment for Church and halls (this is a mandatory requirement and should be updated on an annual basis; fire drills should be carried out twice a year).
(p) Manse condition schedules should include the following –
the address, the building type, the insurance cover and details of service contracts;
a room-by-room condition report;
details of items such as 'white goods' which are provided by the financial boards;
a description of the external condition, including garden, giving details of responsibilities for maintenance.
9 MINISTERIAL EXCHANGES
(a) All proposed exchange visits other than 'one-off pulpit exchanges' and exchanges taken under the arrangements for study leave must be submitted to Presbytery for approval.
(b) Exchange visits shall not normally exceed three calendar months.
(c) The intention to seek an exchange shall be intimated to the Presbytery Clerk not less than 24 hours in advance of a Business Committee meeting at least three months before the proposed exchange is due to begin, together with an extract minute of the kirk session(s) agreeing to the exchange.
(d) The Business Committee shall present the proposal for the exchange, together with the detailed arrangements, to the meeting of Presbytery next following receipt of the intimation.
(e) In all cases Presbytery shall appoint an interim moderator. The congregation shall be responsible for all expenses incurred by the interim moderator in the course of his/her duties. These shall be paid as they are incurred or otherwise by agreement.
10 PREPARATION OF PAPERS FOR CIRCULATION TO MEMBERS OF PRESBYTERY Reports from committee conveners to be circulated with the billet of business for a particular meeting of Presbytery should be in the hands of the Clerk by 1200 hrs on the Monday ten days prior to the meeting concerned. These should be in electronic form. Such reports should contain (as far as possible) the deliverances to be proposed, along with any explanatory notes required. If members of Presbytery - or others - wish to have handbills or other papers circulated with the billet of business for a particular meeting they should be in the hands of the Clerk by 1000 hrs on the Tuesday nine days prior to the meeting of Presbytery; these too should be in electronic form, with sufficient paper copies to send by post to those who do not possess e-mail facilities. Where such papers do not directly pertain to Presbytery business, their inclusion shall be at the discretion of the Clerk. Occasionally these deadlines vary; those who wish to have such papers circulated are therefore advised to liaise with the Clerk in advance.
(a) When a minister is incapacitated for duty through illness, he/she must submit a medical certificate to the Ministries Council. At the same time he/she must inform the Presbytery Clerk of his/her absence.
(b) Expenses for pulpit supply during the period of illness must be paid by the congregation and a refund claimed from the Ministries Council.
(c) Supply shall be arranged by the minister: the Presbytery Clerk shall be notified. Where there is any difficulty, every assistance will be given by Presbytery.
(d) In cases where a locum tenens is engaged, Presbytery shall make such arrangements as may be deemed advisable.
(e) In the interval between meetings of Presbytery the Clerk shall be authorized to deal with applications and arrangements and shall report to Presbytery thereon at its next ordinary meeting.
(f) The Patrick Home Bequest Fund for Sick Relief may, at the discretion of Presbytery, be used to finance grants to ministers and deacons who are unfit for work for a prolonged period.
2 INTIMATIONS TO MINISTERS ON INDUCTION On the appointment of a minister to a charge he/she shall receive (a) a note of the boundaries of his/her parish(es), and (b) Standing Orders and Regulations of Presbytery.
3 METHOD OF SELECTING THE MODERATOR OF PRESBYTERY While it is of course a matter for Presbytery itself to decide on, the process of selection of the Moderator of Presbytery has started each year (since 1995) with the Business Committee. At a meeting early in the year that Committee has appointed a sub-committee of three persons comprising the outgoing Moderator, one person who had been a member of the sub-committee the previous year and one other person who had not been a member the previous year. That sub-committee is required to report to the Committee at a meeting in April or May with three names, taking into consideration nominations submitted by individual members of Presbytery, who are invited so to do. Before submitting names to the Business Committee the sub-committee should ascertain whether or not the nominees are willing to allow themselves to be nominated. The sub-committee is required to ensure that at least one of their nominees is a minister and at least one a non-minister. Although not bound to choose any of those named, the Business Committee then agrees on a person to recommend to Presbytery, which it does at ITS June meeting.
4 MEMBERS' TRAVELLING AND OTHER EXPENSES
(a) Travelling expenses of members attending meetings of Presbytery and its committees or discharging other presbyterial duties may, unless covered by congregational payments, be claimed from Presbytery as follows –
(i) ordinary bus fare;
(ii) car mileage at 25p a mile.
(b) Conveners of committees may claim additional expenses necessarily incurred.
(c) Expenses shall normally be paid against claims in December each year.
(d) Claims arising in special circumstances [e.g. sub-para (b) above] and of those ceasing to be members of Presbytery may be claimed at any time.
5 THE FINANCIAL YEAR of Presbytery shall end on the last day of December. The Treasurer shall normally submit to the ordinary meeting in February the independently-examined statement of account together with a budget for the ensuing year. Two independent examiners shall be appointed annually in November.
6 STANDING COMMITTEES OF PRESBYTERY
(a) Standing committees shall be appointed annually in September.
(b) The Business Committee shall consist of the Moderator, the Clerk, the Treasurer, the Press and Publicity Officer, the Convener of the Forward Planning Co-ordinating Group, the conveners of all standing committees and eight others, of whom at least four shall be elders. Each June a list shall be drawn up of those members of the Committee as it would be in the forthcoming session, taking into account the new Moderator, the other office-bearers, the committee conveners and those 'extra' members whose three-year term of office has not expired. The Committee shall suggest names of members of Presbytery to fill the available 'extra' places, ensuring that both women and men are represented and that there is at least one member (two if possible) of the Committee from all eight clusters of parishes. The term of office of 'extra' elders shall last for three years and in normal circumstances immediate reelection shall be barred.
(c) The Emergency Committee shall consist of the Moderator (ex officio) (who shall be its Convener), the Clerk (ex officio), the Convener of the Business Committee (ex officio) and not more than six others who shall serve for not more than four years at any one time. If at any time there is an acting Clerk and/or an acting Convener of the Business Committee, that person/those persons shall serve on the Committee in place of the person(s) for whom he/she/they act(s). In the absence of the Moderator the Committee itself shall elect a Convener.
(d) The Business Committee shall submit lists for the guidance of Presbytery in the appointment of members of standing committees.
(e) No person shall serve - other than in an ex officio capacity - on more than one committee apart from the Business, Emergency and Dunbar Bursaries Committees and the Forward Planning Co-ordinating Group.
(f) (i) Conveners shall be appointed annually in February for the following year from 1 July.
(ii) No person shall be convener of more than one standing committee.
(iii) No convener shall serve for more than three years unless Presbytery decide otherwise by a vote of at least two to one after Notice of Motion.
(g) Every committee shall appoint from its own membership a vice-convener who shall carry out the duties of convener during any period of absence or illness of the convener. In the event of a convener being absent and/or unable to carry out the duties of convenership - for whatever reason - for a period of thirty consecutive days without the immediate prospect of a return to duties, (i) the vice-convener shall be required to act as convener forthwith, and (ii) the convener shall not be permitted to return to his/her duties except at the discretion of the Business Committee after due consultation with him/her.
(h) Notwithstanding the terms of the foregoing paragraph, in February of the expected final year of a convener's term of office Presbytery shall appoint one of its own members as vice-convener (who shall not necessarily be the person who has served as vice-convener up to that time) with a view to succeeding to the office of convener the following July.
(i) The Moderator and the Clerk shall be ex officio members of all standing committees.
(j) Members of Assembly councils shall be ex officio members of the corresponding committee of Presbytery.
(k) Members of congregations within the bounds who are not members of Presbytery may, for special reasons, be appointed members of standing committees. The committees concerned shall submit names to the Business Committee for nomination by Presbytery.
(l) Minutes of all committees shall be preserved with the sederunt included.
7 COMMISSIONERS TO THE GENERAL ASSEMBLY The Clerk shall be nominated annually ex officio as a commissioner to the General Assembly. Ministers to be nominated for election as commissioners shall be chosen by rotation according to the list of charges on the Roll of Presbytery. No more than three retired ministers shall be nominated annually. Other ministerial members of Presbytery shall be so nominated as to give attendance at Assembly in like frequency with ministers in charges. When a minister is unable to attend, the vacancy shall be filled by means of a draw by lot.
In the nomination of elders, kirk sessions shall be instructed in rotation, according to the list of congregations on the Roll of Presbytery, to nominate a bona fide elder not necessarily of their own number but not from a session outwith the bounds of Presbytery. A kirk session failing to nominate shall lose the right of nomination until it next qualifies in rotation and the vacancy shall be filled by Presbytery.
8 PROPERTY MATTERS (NOTE: The following is a summary of the General Assembly Regulations Regarding Work at Ecclesiastical Buildings, to which reference should always be made when work on a building is contem-plated.)
(a) Congregations proposing any alteration to property (other than routine maintenance) or the erection of any memorial shall obtain Presbytery approval before taking any action.
(b) Maintenance or repair work (including, where appropriate, professional fees and VAT) costing up to £15,000 (Presbytery's 'current Resolution Limit') in any one year need not be reported to Presbytery.
(c) Maintenance or repair work costing in excess of Presbytery's current Resolution Limit in any one year must be approved by the Property Committee before work can commence.
(d) The Property Committee have power delegated from Presbytery to approve expenditure on maintenance and repairs up to a total cost of £35,000 in any congregation in any one year.
(e) Presbytery's Parish Resources and Mission Committee shall consider all property applications where adaptation or extension is considered or where expenditure exceeds £35,000 or where permission has been sought to use funds held by the General Trusteees, also property applications where the Committee has refused permission to proceed.
(f) All work - whether maintenance/repair or alteration/improvement - costing in excess of Presbytery's current Resolution Limit and up to £50,000 (the current 'Financial Limit' under General Assembly Regulations) must be approved by Presbytery before work can commence.
(g) When a congregation wishes to incur major works (i.e. those costing in excess of Presbytery's current Resolution Limit), a Business Plan shall be prepared showing how the proposals are to be financed, taking into account any phasing, inflation, funding costs etc. A stated assurance from the financial court of the congregation, to the effect that the funding of the proposed works will not in their opinion adversely affect the normal congregational giving, will also be required.
(h) Work of an emergency nature, such as repair of dangerous stonework, which has to be carried out immediately, may be carried out but must be reported to the Convener of the Property Committee as soon as possible.
(i) All alterations, extensions or new building costing in excess of Presbytery's current Resolution Limit must, in addition to receiving the approval of Presbytery, have the approval of the Ministries Council, the Church Art and Architecture Committee and the General Trustees before any work is carried out.
(j) All applications for grants and/or loans from the General Trustees, Historic Scotland and other bodies must receive the approval of Presbytery in the first instance and the approval thereafter of the General Trustees. Appropriate application forms are obtainable from the Convener of the Property Committee.
(k) The Church Art and Architecture Committee must be consulted when redecoration or the reordering of interiors is being contemplated, also on matters relating to stained glass, wall hangings, organs and the like.
(l) If there is any doubt about procedure, contact should be made with the Convener of Presbytery's Property Committee. It is advisable to contact the Convener about any proposals for works of any kind at the earliest stage in order to allow Presbytery to assist in processing any application for permissions as smoothly and rapidly as possible, within Presbytery and General Assembly Regulations.
(m) All property applications which require approval must be in the hands of the Property Committee two weeks prior to the appropriate meeting of the Business Committee in order to be considered by Presbytery at its next meeting.
(n) A separate Advisory Note concerning property matters has been circulated to all ministers, session clerks, clerks to congregational boards, fabric conveners and presbytery elders. Further copies are available from the Convener of Presbytery's Property Committee at any time.
(o) Property registers should include the following (churches and halls only) –
a list of buildings and who holds the title;
the level of insurance in respect of each ecclesiastical building;
an inventory of furnishings and equipment;
details of repairs and improvements carried out year by year;
evidence of servicing of boiler and heating system;
date and recommendations from professional property survey reports;
a summary of urgent and essential items identified during each inspection;
date and recommendations from professional property survey reports
a fire safety risk assessment for Church and halls (this is a mandatory requirement and should be updated on an annual basis; fire drills should be carried out twice a year).
(p) Manse condition schedules should include the following –
the address, the building type, the insurance cover and details of service contracts;
a room-by-room condition report;
details of items such as 'white goods' which are provided by the financial boards;
a description of the external condition, including garden, giving details of responsibilities for maintenance.
9 MINISTERIAL EXCHANGES
(a) All proposed exchange visits other than 'one-off pulpit exchanges' and exchanges taken under the arrangements for study leave must be submitted to Presbytery for approval.
(b) Exchange visits shall not normally exceed three calendar months.
(c) The intention to seek an exchange shall be intimated to the Presbytery Clerk not less than 24 hours in advance of a Business Committee meeting at least three months before the proposed exchange is due to begin, together with an extract minute of the kirk session(s) agreeing to the exchange.
(d) The Business Committee shall present the proposal for the exchange, together with the detailed arrangements, to the meeting of Presbytery next following receipt of the intimation.
(e) In all cases Presbytery shall appoint an interim moderator. The congregation shall be responsible for all expenses incurred by the interim moderator in the course of his/her duties. These shall be paid as they are incurred or otherwise by agreement.
10 PREPARATION OF PAPERS FOR CIRCULATION TO MEMBERS OF PRESBYTERY Reports from committee conveners to be circulated with the billet of business for a particular meeting of Presbytery should be in the hands of the Clerk by 1200 hrs on the Monday ten days prior to the meeting concerned. These should be in electronic form. Such reports should contain (as far as possible) the deliverances to be proposed, along with any explanatory notes required. If members of Presbytery - or others - wish to have handbills or other papers circulated with the billet of business for a particular meeting they should be in the hands of the Clerk by 1000 hrs on the Tuesday nine days prior to the meeting of Presbytery; these too should be in electronic form, with sufficient paper copies to send by post to those who do not possess e-mail facilities. Where such papers do not directly pertain to Presbytery business, their inclusion shall be at the discretion of the Clerk. Occasionally these deadlines vary; those who wish to have such papers circulated are therefore advised to liaise with the Clerk in advance.