SECTION 4: PROCEDURES AND REGULATIONS
PROPERTY REGULATIONS
Note: Further Property Information is available on the Presbytery website.
1. Submission of Property Proposals
All submissions relating to Property to the Property Committee should be submitted in good time for its meeting, along with relevant forms and plans for submission to Presbytery for approval.
2. Maintenance and Repair
(a) The permission of Presbytery, and where appropriate of the General Trustees, must be sought and obtained before work commences on major alterations, and/or any additions, and/or repairs to property, whether or not the titles are vested in the General Trustees.
(b) The cost of work must include all work to be carried out, even if phased, and must include all fees for all legal work, architects, surveyors, VAT, and any other costs which
may be incurred.
(c) In the event that repairs are urgently necessary in the interests of safety or to maintain the building in a wind and water tight condition, the work may proceed without prior consent, in consultation with the Convenor or Vice-Convenor of the Property Committee. Such work shall be noted in the minutes of the next Property Committee meeting and submitted for homologation at the next ordinary meeting of Presbytery.
(d) Four weeks’ notice shall be given to the Property Committee to consider plans and submissions for the subsequent meeting of Presbytery. Submission must include full details, plans, costings (estimates), details of financial reserves, along with any fundraising plans. Additionally, evidence of three competitive tenders must be produced and details should be included of the last two financial years expenditure on the congregation’s properties.
(e) Where there is doubt whether work is an alteration or a repair, the matter should be raised with the Property Committee for clarification.
(f) Congregations are reminded that expenditure on property is approved by Presbytery without prejudice to any future negotiations on readjustment.
(g) When work on a heating system is involved, prior consultation with the Church’s Energy Consultant is mandatory. Where work on lighting or sound systems is contemplated then it is recommended that advice be sought from the Consultants on these matters appointed by the General Trustees.
3. Property Register
The Property Register should be kept up to date and the year’s log of inspection and work completed. The Register should be submitted to the Congregation’s Financial Court at the first meeting of the year prior to submission for Presbytery’s inspection. The Register must include a record of insurance levels on all properties.
4. Professional Surveys
(a) Five yearly inspections of property by the Buildings Officer and, where required, by engaging other surveyors, are to be made according to an approved rota devised by the Property Committee.
(b) Following receipt of the Professional Survey Report all work identified as “Urgent” must be completed within one year of receipt of the report by the congregation.
(c) Following receipt of the Professional Survey Report all work identified as “Essential” must be completed within five years of receipt of the report by the congregation.
(d) Following receipt of the Professional Survey Report all work identified as “Desirable” must be completed within ten years of receipt of the report by the congregation.
(e) Congregations will be asked to submit to the Property Committee details of how they intend to finance “Urgent” and “Essential” work within the respective time frame.
(f) Attention is drawn to the need to complete and maintain Section 2 of the Manse Handbook, (Act 5, 2024: The Church of Scotland General Trustees Properties, Funds and Endowments Act).
5. Manses
(a) All congregations must provide a valid Energy Performance Certificate with the Manse Handbook when this is submitted for inspection to Presbytery and ensure the Energy
Performance Certificate Rating for the manse is within Categories A – C.
(b) On the occurrence of every vacancy, the manse shall be inspected by the Property Committee and a written report on the condition of the properties shall be submitted to the Presbytery.
(c) As soon as possible after the congregation(s) have elected to call a new minister, the Property Committee shall inspect the manse and submit a written report to the Presbytery.
(d) The Call shall not be sustained unless the manse condition is considered to be satisfactory.
CONGREGATIONAL ACCOUNTS
(a) Congregational accounts should be approved by the Trustees (The Kirk Session or the Kirk Session and Board under Model Constitution) by March 31st. The congregational Treasurer should send a copy of congregational accounts to the Presbytery Office marked for the attention of the Secretary of the Finance and Stewardship Committee no later than March 31st.
On the same date, a set of accounts must also be sent to 121 George Street and, once approved by the Finance and Stewardship Committee, a set should be sent to OSCR not later than 30th September. If the accounts are expected to be late, the Presbytery Clerk should be informed.
(b) Approved congregational accounts must be received (not approved) by a congregation at the Stated Annual Meeting, or equivalent Congregational Meeting in the case of congregations not having the Model Deed of Constitution, such meeting to be held not later than 30th June following the financial year-end date.
PULPIT SUPPLY
The General Assembly has determined that the payment of pulpit supply shall be at a standard fee of £100 where there is only one diet of worship on a Sunday; £50 for each additional diet of worship; and in all cases necessary travelling expenses to be paid at the rate of 45p per mile. Congregational Treasurers are asked to make payment of appropriate fees and expenses on the same day as supply is provided.
VACANCIES AND CALLS
(a) Congregations should obtain Guidelines for Nominating Committees and Interim Moderators from the Ascend Website on intimation of a vacancy and should follow the provisions of the Acts of the General Assembly regarding vacancy procedure as these may be enacted and amended from time to time.
(b) Congregations should seek details of vacancy procedures and schedules on the Church of Scotland Website or from the Presbytery Office. Interim Moderators shall ensure that vacant congregations are made aware of all required vacancy procedures as early as possible in the vacancy.
(c) Kirk Sessions should consider what pastoral provisions can be given from the congregation and whether or not a Locum should be appointed.
(d) The Vacancy Procedure Committee has delegated powers to act on non-controversial vacancy matters such as the appointment of an Interim Moderator. For the sustaining of a Call between Presbytery meetings, the committee will seek to expedite matters by issuing an edict to the congregation with the intended action and informing full members of Presbytery. The action will be final unless four members of either the Presbytery or the congregation object within the time stated in which case proceedings will be sisted and will be dealt with at Presbytery.
(e) In consultation with the Interim Moderator and Advisory Panel, a Kirk Session should prepare a detailed Parish Profile of their congregation and parish with attention being paid to their vision of their ministry and mission in the foreseeable future.
INDUCTIONS AND ORDINATIONS
(a) At Ordinations and/or Inductions and other Presbytery services the Moderator, Associate Moderator or a past Moderator shall preside.
(b) At Ordinations and/or Inductions, the sermon should not overlap with the Charges, which shall be given by the Moderator or Associate Moderator.
(c) All Presbyters are welcome to attend an Induction and/or Ordination, but those living near to the congregation in question shall be expected, as far as possible, to attend.
EXAMINATION OF RECORDS
In April of each year the following congregational records will be inspected: Kirk Session Minute Book, Congregational Roll, Baptismal Register, Minute Book of the appropriate Financial Board where applicable, Property Register and the Safeguarding Audit Form (SG11) and Safeguarding Register (SG7).
GUIDANCE FOR MINISTERS
Sickness
All Ministers (and others) paid through the centralised payment scheme of the Church must report all absence from work due to sickness (irrespective of how short the absence may be or whether or not a Sunday is involved) to the Ministries Department and follow the guidance contained in the Ministers’ Handbook. Ministries Department staff should be informed by telephone or email immediately the absence begins.
When a Congregational Treasurer incurs expenditure in providing pulpit supply as a result of the minister or trainee being absent through illness, full cost of pulpit supply will be refunded, provided application is made in the appropriate pro-forma return and that the absentee has previously advised the Ministries Department. In addition to those regulations Ministers are instructed to inform the Presbytery Clerk of their illness without delay so that Pastoral Care, assistance with Supply, or an Interim Moderator may be arranged if required. The Paton Trust and the Cintra Bequest provides for ministers who have been ill to have a recuperative holiday.
Application forms are available from the Presbytery Clerk.
Care And Support
The Presbytery operates a Pastoral Care Scheme for all Ministers, Deacons, Readers and Presbytery Staff.
Study Leave
The National Study Leave Scheme is operated under the direction of the Ministries Committee in consultation with Faith Action. Application Forms are available via the Ascend website.
Chaplaincies
Where requests to become a chaplain come from within their own parish, ministers are free to accept such chaplaincies, recognising the advisability of informing their Kirk Session of such acceptance. Where the proposed chaplaincy extends beyond their parish, and/or exists out with their parish, then ministers should (a) inform their Kirk Session, (b) receive the permission of the minister of the parish(es) in which they would exercise that chaplaincy, and (c) inform Presbytery of the proposed appointment. Where any chaplaincy attracts payment for services rendered, the authority of Presbytery must be given before the appointment can be confirmed.
In the interests of their health and the good name of the Church ministers are encouraged to follow similar procedures when considering other appointments outwith their congregations.
Marriages and Funerals
A minister should not refuse to perform ministerial functions for a person who is resident in his or her parish without sufficient reason. When a minister is ill, away from home, or otherwise engaged, it is his/her duty to arrange for a deputy and to inform others who need to know of those arrangements. Ministers are reminded to update their voicemail message and email when out of office.
Ministers are reminded of the laws regarding ‘intrusion in another’s parish’ and that if they are considering ministering to non-members in another’s parish then courtesy demands that they first contact the parish minister. No Church of Scotland minister should charge or receive a fee for a service but an unsolicited gift may be accepted.
The Church of Scotland is the National Church and, as such, its ministry and its congregations’ parochial responsibilities extend beyond its membership to those who do not profess allegiance to the Church.
It is recognised that services are sometimes being conducted by people other than parish ministers (e.g. retired ministers) who are not in receipt of a stipend or salary. The General Assembly has accepted that where such individuals are effectively being asked to deputise for a Parish Minister, i.e. that ‘the funeral is being conducted as part of the ministry of the local parish it is the responsibility of the congregation (through its financial body) to ensure that appropriate fees and expenses are met’ and that the family of the deceased are not to be charged for such a person’s services. The Faith Action Programme Leadership Team suggests that congregations pay a sum equal to the current pulpit supply fee when a depute conducts a service.
Marriages should normally take place in church though ministers may officiate elsewhere using their discretion. A minister should not allow his or her name to be associated with any commercial undertaking that provides facilities for weddings.
Ministers’ Service
A minister’s service will be recognised after 25 years, 40 years and 50 years from Ordination. The onus must be on ministers/congregations to advise the Presbytery Office if this is something they wish to be recognised, as not all Ordination dates are held on file.