APPENDIX F

PRESBYTERIES OF EUROPE AND JERUSALEM

1. Remit 1.1 The General Assembly of 2000 received a report from a Special Commission which had been set up the previous year to address a number of issues relating to the Board of World Mission. One of the recommendations of that Special Commission was that the Board of Practice and Procedure “should carry out an analysis of the Church of in Israel and should consider dispensing with the Presbytery of Jerusalem and placing the work of the Church’s institutions there under the aegis of the Board of World Mission; that the Board of Practice and Procedure should reflect whether the sanctioned charges of the Presbytery of Europe should continue to form a Presbytery or be added to Schedule A of the Act anent Overseas Charges; that the Board of Practice and Procedure should consider the relationship between the Presbytery of Europe and the Board of World Mission, if the Presbytery remains in existence in the long term”. 1.2 The General Assembly adopted all the recommendations of the Special Commission and, accordingly, the Board of Practice and Procedure was given this remit. The Board, in turn, remitted the matter to a special Committee under the convenership of the Rev David Arnott, with the Principal Clerk as secretary. The membership of the Committee is listed in Appendix One.

2. Methodology 2.1 The Committee decided to approach its task in the following ways: (1) to consult individuals and groups within the Board of World Mission, the relevant Presbyteries and others involved in the work in mainland Europe and in Israel/Palestine; (2) to seek information, through correspondence and (where possible) conversation with representatives of European Churches operating within Scotland; (3) to make visits to both Presbyteries and meet with individuals and groups within the local context. A list of all those with whom representatives of the Committee met in these ways can be found in Appendix Two and the Board would like to place on record its appreciation of the assistance given in this way. 2.2 The Committee regrets that it is unable to bring to this year’s General Assembly a report on the Presbytery of Jerusalem. Whilst considerable analysis of the Church of Scotland in Israel/Palestine has been undertaken, it has not been possible, for a variety of reasons, to complete the research at this time. The Committee’s work in this area will therefore continue and a full report will be presented by the Board to next year’s General Assembly. What follows, therefore, relates only to the Presbytery of Europe.

3. The Presbytery of Europe 3.1 In addressing the Europe part of its remit the Board was quite clear that this did not involve an evaluation of the work being done by the Europe charges and their role within the mission of the Church, or the question of whether these charges should continue. The issue remitted to the Board of Practice and Procedure was a very simple one. Should the charges continue to form a Presbytery or should the Presbytery be abolished with the charges relating directly to the Board of World Mission through Act VI, 2001 anent Overseas Charges? 3.2 As it began its work the Board was also aware that what lay behind the remit was a frustration identified by the Special Commission on the part of both the Presbytery of Europe and the Board of World Mission in their working relationship. 3.3 The Church of Scotland has a number of congregations throughout continental Europe and these are grouped together under the Presbytery of Europe. At the same time these charges and the Presbytery itself relate to the Board of World Mission through that Board’s Europe Committee. The Board acts as employer of the ministers, something which immediately puts the Europe ministers in a different category from ministers serving in Scotland, the former being employees, the latter holders of an office. Moreover, while home-based parish ministers are responsible to the Presbytery in all things, Europe based ministers are responsible to the Presbytery in terms of life and doctrine and to the Board for the conduct of their duties. These factors have been the cause of tensions and difficulties. 3.4 A number of the European charges also relate to denominations within their respective countries. For example, the Budapest congregation is simultaneously a Church of Scotland charge and a congregation of the Reformed Church of and the minister of the Amsterdam Church is a member of both the Church of Scotland Presbytery and the local court of the Reformed Church. The congregation in is a joint charge with the Methodist Church and, while not hitherto formally one of the sanctioned charges within the Presbytery, its minister over the past twenty-five years, being a minister of the Church of Scotland, has had a seat in the Presbytery. These “dual membership” arrangements can and do create legal complications in terms of property titles and state recognition in some countries. 3.5 As well as being involved in Europe through the various “Scots Kirks” the Church of Scotland also has a network of partnership relations with various European Churches. These relationships are dealt with entirely by the Board of World Mission and do not involve the Presbytery at all. For example, the Board recently responded to a request from the Waldensian Church for assistance in obtaining an English speaking minister for their congregation in Turin by seconding a minister of the Church of Scotland. It was a matter of some grievance to the Presbytery that, notwithstanding preliminary involvement in the initiative by Presbytery members, it had no locus in the process. The minister concerned now has a seat in the Presbytery. 3.6 As far as funding is concerned, some of the Europe congregations are entirely self-supporting (even aid giving), others require central funding in part and some are totally dependent on such funding. In the year 2000 the net cost to the Church of retaining the charges in Europe was £286,000. This cost was met from the Board of World Mission’s co-ordinated budget which includes income from the Salvesen Trust. The Board has a duty to ensure that income from the Salvesen Fund, whether used in Europe or elsewhere in the world, is utilised in accordance with the terms of the bequest. The cy pres scheme (1991) relating to the Salvesen Trust states that the Board of World Mission should apply the fund for any purposes (including where appropriate, the rendering of financial assistance to indigenous Churches) which, in the opinion of the Board, provide or assist in providing the ordinances of religion to Scots in any part of the world outwith the UK. A number of the European charges are developing as ‘international congregations’ with excellent and vital work being done, not least with immigrant communities from Africa, students living far from home etc. However, if this approach, while commendable in itself, is taken to a point where there are not significant numbers of Scots in the congregation, the Board could find itself in the position of being unable to use part of its income generated from the Salvesen Trust for these charges. However, at present a strong core of Scots lies at the centre of each of these charges. 3.7 In its deliberations the Committee spoke to and corresponded with ministers from foreign language Churches who are living and working in Scotland and elsewhere in the UK. There is no one pattern for their relationship with their own parent bodies and indeed some expressed similar frustrations as expressed by the Presbytery of Europe. What is revealing, however, is that those parent Churches have not suggested that their ministers become mission partners working with local Church of Scotland congregations, nor indeed is the Committee aware of any formal links or recognition of these congregations at Presbytery level. 3.8 There is one school of thought within the Board of World Mission which argues that the Europe charges should integrate completely with local partner Churches. Certainly this would be in keeping with the general policy of the Board of World Mission over the years to encourage former colonial charges to become part of the indigenous Church, something which most have done. However, this is a minority view and, in any case, as noted in 3.1 above, was not a question which was remitted to the Board of Practice and Procedure. Accordingly, the Committee proceeded on the basis that the Europe charges should continue within the Church of Scotland and addressed the question which was raised by the Special Commission, namely should they continue to form a Presbytery or be added to the Schedule of the Act anent Overseas Charges? (Note: this Act was in preparation at the time the Special Commission reported and was passed by the General Assembly of 2001. It provides a framework for supporting the few remaining overseas charges other than those in the Presbyteries of Europe and Jerusalem, and which cannot realistically be grouped into a Presbytery, namely the congregations in , the Bahamas, Trinidad and ).

4. To Continue the Presbytery or Not 4.1 Although the reasons for having a Presbytery of Europe are historical the Committee is of a mind that the presbyterial system still offers a suitable framework in which the charges can exercise God’s mission in their location, through their services of worship and their involvement with local congregations. It also offers a mechanism whereby that mission can be enabled and encouraged. 4.2 The Rev David Arnott (Convener of the Special Committee), the Rev William Hewitt (Vice- Convener of the Board) and the Principal Clerk attended a meeting of the Presbytery of Europe held in Malta in March 2001. Mr Arnott also attended the Presbytery meeting in Budapest in October of that year. 4.3 The programme for the Malta meeting had been arranged to allow for a substantial consultation between the Presbytery and the Committee. The Committee began by conducting a SWOT Analysis (Strengths, Weaknesses, Opportunities and Threats) with the Business Committee and this provided much material for discussion over the next two days with the Presbytery as a whole and in groups. 4.4 From this it emerged that the greatest strength of the Presbytery, as perceived by its members, was the fellowship it fostered and the greatest weakness was its sense that it lacked any real authority as a court of the Church. Opportunities for developing new reformed English speaking congregations were recognised (eg. in Berlin). Perceived threats included a feeling that they were viewed by many in Scotland as obsolete, representing an “ex pat” culture and Caledonian Societies. 4.5 There is no denying the strong sense of fellowship which exists within the Presbytery. Meetings are held twice a year, moving round the various locations, and are residential. Spouses frequently attend and have their own programme and there is a strong social element alongside the business. Indeed, it is suggested that, in this respect at least, the Presbytery of Europe is not so much an anomaly as a model! It seemed to the Committee that it would be unwise to destroy that which the Presbytery had identified as its greatest strength. 4.6 Over the past decade, particularly through the clerkship of the late Rev James McLeod, the Presbytery has organised itself with a committee structure and a pattern of well organised meetings where real business is done. This involves the usual items, such as congregational supervision and consideration of Assembly remits and those attending from the Board of Practice and Procedure were impressed with the rigour and attention to detail with which the Presbytery did its work. It is clear to the Committee that the Presbytery is adopting a more business-like approach and is tackling the issues it faces in Europe. At the same time the Committee was concerned to learn that the Presbytery felt it lacked authority and took the opportunity of emphasising that this was far from being the case. Act 1996 anent the Presbytery of Europe makes it quite clear that the Presbytery “shall have similar powers to those of Presbyteries in Scotland” (s.5) and “shall have direct access to the General Assembly” (s.8). This means that if the Presbytery feels strongly about something, eg. the development of some new work, and is unable to persuade the Europe Committee or the Board of World Mission to share its enthusiasm, it can take the matter directly to the Assembly by way of Overture or Petition. What is apparent, however, is that the decision making structures in the interface between the Presbytery and the Board of World Mission are not clear-cut and often lead to delay and frustration within the Presbytery. 4.7 There is a sense of excitement and expectation about the Presbytery of Europe and its charges. This is reflected by the fact that many of the charges are filled by ministers with young families who are committed to the new Europe and the vital presence of the Church within it. One congregation has outgrown the building in which it currently meets, another is redesigning some of its interior to make room for a crèche, others again find themselves at the forefront of mission and evangelism with those seeking refuge in Europe from other continents. 4.8 Presbyterianism has been the system of our Church government since the Reformation. It is also the system of Church government for large swathes of European continent. Its very adaptability has helped to ensure the continuing presence of the Church. That the charges in Europe form such a Presbytery strengthens the hand of the local congregations and reminds those worshipping they are part of a greater whole. 4.9 The Committee reached the conclusion that the Presbytery of Europe should continue on the grounds that: (1) the Church of Scotland is a Presbyterian Church and should operate in Presbyteries, unless in exceptional circumstances. The distances involved in Europe do not preclude this as they do with some other overseas charges; (2) the Presbytery offers valuable fellowship and support to those ministers and their families working in Europe and to the congregations; (3) it offers a natural forum to discuss matters affecting Churches on mainland Europe and in Scotland; (4) it gives the Church of Scotland a voice in Europe as a whole rather than just individual countries; (5) as we are becoming increasingly involved in Europe through the European Union the Church should be able to have a local voice reflecting issues and concerns that affect the Church; (6) the mission of the Church would be hampered were the Presbytery to be disbanded. The ability to reflect European issues back to Scotland would be dissipated, the strength of the fellowship and of belonging would be weakened and there could arise the danger of encouraging the congregations to sink into some form of narrow, parochial congregationalism. 4.10 To have placed the Presbytery of Europe under any other Board would have necessitated creating anew or ‘borrowing’ from the Board of World Mission such expertise as is required in areas such as overseas appointments, language training, family support, ministerial support and Presbytery delegation work. It would also require a change in the stewardship of the Salvesen bequest, some of which is used to provide the ministers in the Presbytery of Europe. To leave the Presbytery of Europe under the aegis of the Board is, however, not without its drawbacks. The Committee acknowledges that the Board of World Mission is an employer while the Board of Ministry deals with holders of an office (parish ministers), which it is recommended ministers in the Presbytery of Europe should become. The Committee is aware that the Presbytery does not sit happily with the ethos of the Board which prefers to employ mission partners and have all overseas personnel on the same footing. It is the Committee’s contention that not only is this not possible, it is not desirable. If the Presbytery is an “anomaly”, it is one worth retaining and maintaining, for reasons given elsewhere, no matter that it does not conform to the preferred pattern of the Board. This is not something which is being created, but it is something which requires to be managed in an ever-changing situation. 4.11 It is evident that much good work is being done by and through the Europe charges and that the Presbytery provides a forum in which those who live and work in various European centres can come together for fellowship and dialogue on matters of common concern.

5. Continuing the Presbytery 5.1 In recommending that the Presbytery of Europe continue to be the means by which the Europe congregations are linked and supported the Committee has a number of consequential recommendations. 5.2 The Presbytery is slowly becoming more self-confident and is beginning to recognise that it does have the powers of a court of the Church. 5.3 Ministers serving within the Presbytery of Europe should, as far as possible, be subject to that Presbytery in the same ways as a minister serving within a Scottish Presbytery is subject to his or her Presbytery. In particular, such ministers should no longer be considered employees of the Board of World Mission. They should continue to be appointed as at present, but with the congregation being able to vote for or against the applicant’s suitability. This is in effect the current arrangement, for the Board does not proceed with an appointment unless the congregational representatives on the interviewing panel are in favour. This pattern would, in fact, be along the lines of New Charges where there is a congregation already in existence (see Act XIII, 2000 section 12). Rather than five year renewable contracts, the basis of appointment should be five year reviewable tenure, where the ministers will be office-holders rather than employees of the Board of World Mission. For the avoidance of doubt, the Committee further takes the view that the review process should be led by the Presbytery with participation by relevant personnel from the Board of World Mission, and that this should provide opportunity for discussion with Kirk Session and congregation without the minister being present. A ‘Terms and Conditions’ document, similar to that issued by the Board of National Mission to Associate Ministers, would be drawn up. This would set out those financial and other arrangements for which special provision would have to be made because of factors due to location – ie health, travel, education and the like. Each minister on an existing contract would be given the opportunity to decide whether to remain on that contract or change status. 5.4 There should be changes to the composition of the Europe Committee which is the body through which the Presbytery is linked into the Board of World Mission and these are detailed in Schedule 1 to the proposed new Act anent the Church of Scotland in Europe.(Appendix Three).

6. The Europe Committee 6.1 The Europe Committee in its present form dates from the review of the then Board of World Mission and Unity conducted by the Assembly Council in the early 1990s. As currently constituted it has a membership drawn from the Board and the Presbytery, together with representatives of a number of Assembly Committees. Experience has shown that, while this representation may make sense in theory, in practice it does not work well. Busy people serving on other Committees are just not able to give priority to the Europe Committee with the result that attendance at meetings is irregular and that, in turn, creates difficulties of continuity. Difficulties also arise due to the status of ministerial members of the Presbytery as employees of the Board with a potential conflict of interest in policy-making discussion and decisions. As a result they are, in practice, prevented from participating fully in all aspects of the Committee’s remit. There can also be a sense that the Committee is some kind of “parent body” to the Presbytery in a way which would never be true of any other Assembly Committee in relation to any other Presbytery. 6.2 In view of these considerations the Committee recommends the establishment, within the Board of World Mission, of a new Europe Committee as follows: three members from the Board of World Mission (one to be Convener), and two from the Presbytery of Europe (one to be Vice-Convener who shall also be a full voting member of the Board of World Mission ex officio ), with powers to co-opt two additional members who will have voting powers. The Assistant Secretary (Europe) will service the Committee in a non-voting capacity and the Assistant Treasurer with relevant responsibility will attend in an advisory and non-voting capacity. The Assistant Secretary (Personnel) will attend as required. The Committee will be a Committee of the Board of World Mission with responsibility for partnership relations with European Churches and, as such, will parallel the Board’s other area Committees. In addition the Committee will act as a “one stop shop” for the Presbytery of Europe in areas such as deployment of resources, appointment and reappointment of ministers, property and legal matters and such other areas as require home Presbyteries to liase with Assembly Boards and Committees. In this second capacity the Committee will have a measure of autonomy to take decisions provided that these do not breach budgets previously agreed by the Board. 6.3 For avoidance of doubt, Church and society issues relating to Europe will continue to be dealt with by the Church and Nation Committee. 6.4 In recognition of the growing autonomy of the Presbytery, the Board of Practice and Procedure also recommends a change in the procedures for appointing a minister. The Europe Committee at present works with congregational representatives in appointing a new minister. It is not considered feasible for the European charges to operate the same vacancy procedure as operates at home. The final responsibility for making such an appointment, however, belongs to the Europe Committee not to the congregational representatives. It is the Board’s view that the time has come for these roles to be reversed. Personnel from the Europe Committee would be present to offer guidance and advice to the congregational representatives but the decision as to which candidate goes forward would effectively rest with the congregational representatives. Other procedures would remain as at present. It is also the view of the Board that membership of all Boards and Committees of the General Assembly be open to members of the Presbytery of Europe. There is much talent in its membership that could be of value to the Church. With airfares being comparatively cheaper, the overall cost to the Church is no longer the deterrent it once was.

Appendix One

Membership of the Ad Hoc Committee on the Presbyteries of Europe and Jerusalem:

Rev A David K Arnott (Convener), Mr James Dunn, Rev William C Hewitt, Rev David W Lacy, Rev Anne R Lithgow, Rev Matthew Z Ross, Rev Valerie G C Watson, Mrs Janette S Wilson (Solicitor), Rev Dr Finlay A J Macdonald (Principal Clerk).

Appendix Two

List of those with whom representatives of the Committee have consulted:

Rev Ian Alexander Assistant Secretary (Europe and Middle East), Board of World Mission Rev Alistair Bennett Convener, Israel Centres Committee, Board of World Mission Rev Walther Bindemann Pastor, German Speaking Protestant Congregation, Edinburgh Mr Bill Blair Elder, Lausanne, Former Moderator, Presbytery of Europe Rev Robert Calvert Minister, Rotterdam Rev John Cowie Clerk to the Presbytery of Europe, Minister, Amsterdam Rev Maxwell Craig Formerly Minister, St Andrews Jerusalem Rev Elisabeth Cranfield Vice-Convener, Board of World Mission Mrs Moira Cubie Formerly Teacher at Tabeetha School Rev Malcolm Cuthbertson Formerly Convener, Overseas Charges Committee, Board of World Mission Mr Walter Dunlop Board of World Mission Rev Ray Gaston Formerly Minister at Geneva and formerly Europe Secretary, Board of World Mission Rev Alan Greig Vice-Convener, Board of World Mission Rev Fred Hibbert Minister, St Andrews, Galilee Sheriff John Horsburgh Convener, Special Commission Rev Norman Hutcheson Convener, Europe Committee, Board of World Mission Mrs Anne Macintosh Assistant Treasurer with responsibility for Board of World Mission The late Rev Jim McLeod Late Clerk to the Presbytery of Europe and Minister, Geneva Very Rev Professor Alan Main Convener, Board of World Mission Rev Colin Morton Formerly Minister, St Andrews Jerusalem Rev Clarence Musgrave Minister, St Andrews Jerusalem Rev Iain Paton Formerly Minister, St Andrews Jerusalem Rev Professor Kenneth Ross General Secretary, Board of World Mission Rev John Renton Convener, Middle East and North Africa Committee, Board of World Mission

Correspondence with: The Danish Church in London The Swedish Church in London The International Evangelical Church in Finland

Appendix Three

Act anent the Church of Scotland in Europe

The General Assembly enact and ordain as follows :-

1. For the purposes of this Act the following terms shall be deemed to have the meanings hereby assigned to them:

“The Board” shall mean the General Assembly’s Board of World Mission or any successor body assuming the responsibilities, functions and interests of the Board.

“The Europe Committee” shall mean the Europe Committee of the Board of World Mission, the membership and remit of which Committee being as set out in Schedule 1 hereto.

“The Presbytery ” shall mean the Church of Scotland Presbytery of Europe.

“A Sanctioned Charge” shall mean a sphere of pastoral duty to which a minister or ministers based in Europe but outwith the United Kingdom and the Channel Islands is or are inducted, said Charges being as specified in Schedule 2 annexed hereto as from time to time amended as provided for in this Act.

“A Kirk Session” shall for the purposes of this Act only be or be deemed to be a Court of the Church with spiritual oversight over the congregation of a Sanctioned Charge (and that notwithstanding that it may be known by another name and may function within the constitution of another European Church by such other name).

2. The Presbytery shall, except as otherwise provided for in this Act or in any other legislation of the Church, have the same powers as Presbyteries in Scotland . Membership of the Presbytery shall be in accordance with Act III, 2000 save that, notwithstanding the provisions of Sections 23 – 25 of the said Act, the appointment by the Kirk Session of its Presbytery Elder may be made for specific meetings of the Presbytery rather than annually.

3. The membership of the Kirk Session and such functions as are applicable shall be in accordance with Act III, 2000, it being declared for the avoidance of any doubt that its members shall have been ordained to the office of Elder according to the practice of the Church of Scotland and shall have signed the Formula.

4. From the date when this Act comes into force, special arrangements involving the Committee shall apply with respect to the Sanctioned Charges and the Presbytery as hereinafter specified :- (a) The appointment of Ministers shall be in accordance with the provisions of Schedule 3 hereof, it being declared that such Ministers shall be the holders of the office of a Minister of a Sanctioned Charge of the Church on the terms and conditions applicable from time to time with respect to that office. Ministers currently employed by the Board to serve as such ministers may either retain that status for the remaining term of their contract (their existing terms and conditions being fully conserved and section 3 of Schedule B to Act III, 1996 being deemed to continue to apply to them and to remain in force for this purpose only) or may elect at any time during the said term to change status and become the holder of the said office on giving three months written notice to that effect to the Board. (b) The Financial arrangements applicable to the Sanctioned Charges shall be as set out in Schedule 4 hereof. (c) The arrangements for the reviewing of Sanctioned Charges and for readjustment, including the creation and suppression of a Sanctioned Charge shall be as set out in Schedule 5 hereof. The Board shall report any changes required to the said list to the next General Assembly, it being declared for the avoidance of doubt that the General Assembly may amend Schedule 2 hereof without reference to Presbyteries under the Barrier Act. (d) The arrangements in regard to the heritable properties owned by the Church and used by a Sanctioned Charge shall be as set out in Schedule 6 hereof.

5. It is accepted that having regard to: (a) some Sanctioned Charges having constitutional relationships with other European Churches (b) the specialities arising from the Presbytery and the Sanctioned Charges operating within countries having different local conditions and legal systems; and (c) the role of the Committee in regulating certain functions which would within Scotland generally devolve solely on the Presbytery or a charge within the Presbytery; questions may arise from time to time as to the operation of this Act in particular circumstances and as to the application of the law and practice of the Church anent the Presbytery, the Committee and the Sanctioned Charges. In the event of any such questions arising, they may be referred by the Committee or, in the event of a difference of view between the Committee and the Presbytery, they shall be referred by the Committee to the Board of Practice and Procedure which shall decide the question and whose decision shall stand unless and until the General Assembly or its Commission shall decide otherwise on the petition of either the Board acting on behalf of the Committee or the Presbytery. The Board of Practice and Procedure shall report all such decisions to the General Assembly.

6. Nothing in this Act shall affect the relationship in which ministers and others appointed to non parochial appointments by the Board and serving in Europe stand at present to the Board.

7. This Act shall come into effect on 1 September 2002 and Act III, 1996 shall be repealed on that date. Schedule 1

The Europe Committee Membership and Remit

1. The Europe Committee shall be a Committee of the Board of World Mission, reporting to that Board and serviced by the Board’s departmental staff.

2. The membership of the Committee shall be as follows: (a) Convener appointed by the Board of World Mission from amongst its membership; (b) Vice-Convener appointed by the Presbytery of Europe from amongst its membership, such Vice-Convener, if not already a member of the Board, to become a full-voting member of the Board, ex officio ; (c) two additional members appointed by and from the Board of World Mission; (d) one additional member appointed by and from the Presbytery of Europe; (e) the Committee may co-opt up to two additional members for their particular expertise who shall have full voting powers; (f) the Assistant Secretary (Europe) shall service the Committee and attend in an advisory and non-voting capacity; (g) the Assistant Treasurer with relevant responsibility shall attend in an advisory and non- voting capacity; (h) the Assistant Secretary (Personnel) shall attend, in an advisory and non-voting capacity, as required.

3. The Committee will have two connected areas of responsibility which will inform and complement each other, namely: (i) all partnership relations with European Churches, including: (a) developing and maintaining links with partner Churches and other bodies; (b) identifying opportunities and recruiting staff; (c) participating in selection of bursar and faith share partners; (d) receiving visits from and visiting European partner Churches; (e) budget and stewardship matters; (f) raising policy issues with the Board of World Mission; (g) highlighting Europe Committee work in Scotland; (h) advising on issues relating to mission partners. (ii) The Presbytery of Europe with particular responsibility for: (a) financial arrangements; (b) buildings; (c) ministerial appointments; (d) support for the ministry of the sanctioned charges within the Presbytery of Europe and assistance in relating to the Church in Scotland as a whole; (e) support for ministers who are working in Europe and their families.

Schedule 2

Sanctioned Charges

Amsterdam Costa del Sol Lisbon Paris Brussels Geneva Lausanne Rome Budapest Malta Rotterdam

Schedule 3

Appointment of Ministers to the Sanctioned Charges

1. Those eligible for appointment to be ministers of the Sanctioned Charges shall be the categories of persons listed in section 13 of Act IV, 1984 (or in any legislation enacted to replace the said section as being persons eligible to be nominated, elected and called as minister of parishes in the Church of Scotland) except in the case of Malta where the minister may be a minister of the Methodist Church. When a minister of the Methodist Church is so appointed, it is expressly provided that such minister shall be inducted by the Presbytery and the Methodist Church, shall retain status as a minister of the Methodist Conference and shall have full membership of the Presbytery of Europe with all the rights, privileges and duties associated therewith and, in particular, shall be authorised to moderate the Kirk Session of the charge of Malta. He or she shall at all times be subject to the law and discipline of both the Methodist Conference and the Church of Scotland. On ceasing to be minister of Malta he or she shall lose membership of the Presbytery and shall not retain any ministerial status within the Church of Scotland, nor be entitled to a practising certificate in terms of Act II, 2000.

2. In the case of new appointments being made after the coming into effect of this Act, the following procedures shall apply :-

(i) The Committee shall consult with the Presbytery and Kirk Session of the Sanctioned Charge concerned and, provided it is agreed that a new appointment shall be made and that the procedures set out in Schedule 5 hereof shall not apply, the Committee will, in consultation with the Kirk Session decide on the salary and on any other special terms applicable to the appointment. Before the appointment is made, the Committee shall be satisfied with the housing arrangements for the manse family.

(ii) The Kirk Session shall draw up an Electoral Register in accordance with the provisions of Sections 6-8 of Act V, 1984. An interviewing panel shall be formed which shall consist of 1 representative from the Committee and 2 representatives of the Congregation, each person to have one vote. In addition, the Interim Moderator of the Sanctioned charge shall be a non- voting member of the panel. The Assistant Secretary (Europe) shall act as the Secretary of the panel but shall not have a vote. The panel shall bring a nomination to the Committee.

(iii) If both the Committee and the appropriate Committee of the Presbytery are satisfied with the nominee, the interim moderator shall arrange for the nominee to preach to the congregation.

(iv) The Interim Moderator shall then invite the congregation to indicate whether or not the nominee is acceptable to it, only those whose names are on the Electoral Register being entitled to vote, and shall intimate the outcome to the Committee.

(v) If the Committee is satisfied that the nominee is acceptable to the congregation, it shall make the appointment, subject to the concurrence of the Presbytery, which shall then induct him or her to the Sanctioned Charge on the basis of reviewable tenure.

(vi) In the event of the Minister appointed being a probationer or a minister without charge, the Presbytery shall take the necessary steps for ordination, if required, and induction to the Sanctioned Charge. (vii) In the event of the Minister nominated being unacceptable to the Committee, the Presbytery or the congregation or should the nominee decline the appointment, his or her nomination shall fall. The panel shall then bring forward a new nomination and the same procedure shall be followed as with the first nomination.

(viii) In the event that no appointment has been made within one year of the Sanctioned Charge falling vacant, the Committee shall have the power to appoint a minister to it without requiring the concurrence of the Congregation by way of a vote in terms of sub-section (iv) hereof.

Schedule 4

Financial Arrangements applicable to the Sanctioned Charges and to the other work of the Committee

1. The Committee, in consultation with the Presbytery, the Sanctioned Charge concerned and the Assistant General Treasurer with responsibility for the finances of the Board, shall assess and determine for the following year, the amount which each of the Sanctioned Charges shall contribute towards its ministry and related costs.

2. The Board shall thereafter in consultation with the Committee fix a budget to fund the work of the Committee for the following year in relation to (a) the discharging of its responsibilities for all partnership relationships with the European Churches and (b) the costs of funding the work and witness of the Presbytery and the Sanctioned Charges. The said budget shall include such sums as are necessary to meet ministry and related costs (under deduction of the amounts payable by the Sanctioned Charges towards such costs as fixed in terms of section 1 hereof) and to fund non parochial appointments of staff employed by the Board to work in Europe and all related work of the Committee, including the Committee’s own expenses. The budgeted amount shall be made available to the Committee which shall have full powers to deal with the funds so allocated to it and shall require to operate within the amount budgeted. Should extraordinary and unexpected expenditure arise whether in regard to property repairs or other matters, the Committee shall be entitled to apply to the Board for additional finance.

3. The Presbytery shall require those of the Sanctioned Charges which are, or which become, self supporting to contribute towards the Mission and Aid Fund, such contributions to be allocated by the Presbytery in consultation with the said Assistant General Treasurer.

4. The Financial Board (or equivalent body) of the Sanctioned Charge shall be responsible for the finances of the congregation and shall be responsible for the preparation of annual accounts which shall be prepared, audited and approved in accordance with Regulation 1, 1994 (Regulations anent Congregational Finance) as the same may be adapted in individual cases and as approved by the Presbytery to take account of local conditions. A set of the accounts of each of the Sanctioned Charge shall be forwarded to the Committee as soon as received by the Presbytery to which (rather than the Board of Stewardship and Finance) the Presbytery shall report as to its diligence in examining the said accounts. Schedule 5

Arrangements relating to the Reviewing of the Sanctioned Charges

1. It shall be the duty of the Presbytery to keep under review the Sanctioned Charges by conducting an appraisal thereof every six years. The Presbytery shall thereafter agree a report which shall narrate in respect of each charge the outcome of the appraisal conducted which it shall transmit to the Committee.

2. On a vacancy arising for any reason in a Sanctioned Charge or in the event of the Committee and the Presbytery concurring in the need for the Charge to be reviewed at any other time, a Special Committee shall be appointed which shall consist of the Convener and 1 representative of the Committee (with the Convener of the Committee acting as Convener of the Special Committee) and 1 representative of the Presbytery (neither of whom shall be from the Sanctioned Charge concerned) which shall confer with the minister (if any), and the office bearers and which may consult with members of the congregation. All meetings with office bearers and with the congregation shall be called by the Special Committee and a member thereof shall act as Convener for the purpose of conference. In no case shall a minister preside at or attend any meeting called for review purposes where matters in which his or her interests are involved are discussed or decided.

3. The Special Committee shall thereafter report its recommendations regarding the future of the Sanctioned Charge to the Presbytery and the Committee and if both bodies concur, the Special Committee’s recommendations shall be implemented forthwith subject to the right of appeal or dissent and complaint. If either or both bodies do not accept the Special Committee’s recommendations, there shall be further conference between the Presbytery and the Committee and, if after such conference, no agreement is reached, the decision then reached by the Committee in the matter shall be reported to the Board and, provided it is confirmed by the Board, shall be final and shall be implemented by the Presbytery, subject to the right of appeal or dissent and complaint.

4. If, as a result of the aforementioned review procedures, it is decided that the Sanctioned Charge cannot continue as previously constituted, all the forms of readjustment provided for by Act IV, 1984 (or in any legislation enacted to replace the said Act) and as adapted to take account of local conditions shall be competent. In the event of the readjustment decided upon requiring the termination by the Presbytery of the minister’s tenure, the minister, subject to the disposal of any appeal in the event of the minister exercising his/her right of appeal to the Commission of Assembly, shall on the date of termination be deemed to have demitted his or her charge. The minister shall in such circumstances be entitled to require the Committee to pay (a) the full cost of him or her and the manse family returning to any place on the mainland of Scotland and (b) following his or her return to Scotland the Minimum Stipend ( pro rata for part time ministries) for the period of six months from the said date of termination or until obtaining another charge or other paid employment, whichever is the shorter period.

5. If the Board, the Committee and the Presbytery all agree that circumstances exist which would justify the creation of a new Sanctioned Charge, the Committee in consultation with the Presbytery shall proceed to take all steps necessary to constitute and establish the new Sanctioned Charge, including the providing of suitable buildings and the appointment of a minister.

6. The Board shall, on behalf of the Committee, report any readjustment or the establishment of any new Sanctioned Charge carried out in terms of the above procedures to the next General Assembly and shall seek appropriate amendment be made to Schedule 2 hereof. Schedule 6

Heritable Property

1. The heritable property pertaining to a Sanctioned Charge (“the property”) shall be held by the Financial Board and the Trustees in whom title is vested for the use of and occupation by the Sanctioned Charge concerned.

2. Matters relating to the day to day management of the property shall be dealt with by the Financial Board of the Sanctioned Charge. It shall be the duty of the Financial Board to maintain the fabric of the property in proper order and repair and fully insured against loss or damage by fire and also against loss or damage by such other risks or perils as are from time to time deemed appropriate by the Financial Board.

3. Without the consent of the Presbytery and the Committee and, in the event of title to the property being vested in the Church of Scotland Trust (“the Trust”), also of the Trust, it shall not be lawful nor in the power of the Financial Board nor the Trustees (if other than the Trust) in whom title is vested to make any extensive alterations to the property nor to sell, let (other than on agreements which do not grant security of tenure of more than one year), convey, exchange or otherwise dispose of and deal with the same nor to give and execute mortgages, charges pledges or other securities over the property. For the purposes of these Regulations, “extensive alterations” shall have such meaning as shall from time to time be determined by the Committee and, where title to the property concerned is vested in the Trust, by the Committee and the Trust acting together.

4. Without the consent of the Presbytery and the Committee, the Financial Board shall not purchase or take on lease for a period in excess of one year any additional heritable property and, except where all the funds for the purchase or to meet the obligations under the lease are being provided by members or other persons associated with the Sanctioned Charge or from the disposal of property, title to which is not vested in the Trust, title or right to the additional heritable property being acquired or leased shall be taken in name of the Trust, unless the Committee and the Trust determine otherwise.

5. The Financial Board and the Trustees (if other than the Trust) in whom title to the property is vested shall each year submit a written report to the Presbytery and the Committee concerning the property which shall include details of their management and maintenance thereof and summarise the details of the insurance cover in force with respect to the property.