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General Assembly 2008: Kirk congregations look to work together more effectively

'Charity and discipline' key themes of Legal Questions Committee report

The Legal Questions Committee helps the whole Church to turn important policy into the best possible practice. This year it is enabling the Church in three pressing areas.

The Church, and each of its congregations, are charities regulated by the Charities Act of 2005. New accounting regulations mean than the annual meeting of each congregation will be simpler, with no formal approval of accounts, and some adjustments have been made to congregational constitutions as a result. Meantime, however, rules about the identities of charities will require some congregations to adopt clearer names for formal legal purposes (in contracts, on letter-heads and so on), to avoid confusion over location and denomination. In these cases, the everyday name of the Church, used by everyone locally, will continue in use.

The Church exercises discipline over its ministers, and that can include the discipline that is needed when things go wrong. Where a minister, deacon etc is suspected of misconduct, the Church's process is extremely robust, rigorous and methodical; and that can sometimes mean it is quite long, just as the equivalent process would be in other professions. The Committee is promoting amending legislation to enable a much swifter resolution in the type of case where a minister or deacon has committed a disciplinary breach but fully recognises what has happened and does not wish to resist the consequences - the equivalent of a 'guilty' plea.

Congregations increasingly find themselves working together, especially when they have to share a minister permanently. Kirk Sessions find it useful to work together with colleagues from neighbouring parishes in areas of mission and development, but they all have a legal responsibility which means each Kirk Session needs to retain its own, separate decision-making powers. The Committee is issuing advice to safeguard Kirk Sessions as they try to combine their legal responsibilities with their desire to work imaginatively with neighbours.

Ends

Notes to Editors:

For further information please contact Rev Dr Marjory MacLean, Secretary to the Legal Questions Committee, on 0131 240 2232, or at mmaclean@cofscotland.org.uk.

A full copy of the report is available on our General Assembly pages online here.

GANR/07/03/08

Tuesday 13, May 2008

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