The General Assembly, desiring to revise and update the procedures for filling a vacancy in a congregation, with the consent of Presbyteries, enact and ordain as follows:
A. OVERVIEW
The following is an overview of the contents of this Act:
Section B – General Principles.
Section C – Entering a Vacancy.
Section D – Electing the Minister.
Section E – Moderating the Call.
Section F – Processing the Call.
Section G – Ordination and Induction of the new Minister.
Section H – Right of Review.
Section I – Glossary of Terms.
B. GENERAL PRINCIPLES
1. The Rights of the People
1.1. The Principle. It is a biblical principle of Presbyterianism (Acts 1:13-26; Acts 6:1-7; Acts 13:13-26) that the right to elect and call a Minister belongs to the people, that is, to the members of the congregation in full communion with the Church.
1.2. Concurrence. Due attention is also given to views expressed by regular attenders in the congregation whose names are not on the Communion Roll. They are given the opportunity to concur with the election.
1.3. Solemnity. Congregations are to be influenced in all the steps they take in regard to the choice of a Minister by a deep sense of the solemnity and importance of the duty they are called upon to discharge, and by the habitual recollection that it is from Christ alone they can get duly qualified and useful pastors.
1.4. Harmony. Congregations are also to be influenced by a sincere determination that all things shall be done decently and in order, and that the utmost care shall be taken to avoid collusion and division.
2. The Call of the Minister
2.1. A Divine Call. The call of God is fundamental to our biblical understanding of the office of the holy ministry (Acts 16:9; Romans 10:15).
2.2. The Election of the People. The divine Call is actualised through the election of the people of God who have the right to call their own minister.
2.3. The possession of suitable qualifications is not enough of itself to show that the Lord is calling an individual to the charge of a particular congregation. The lawful nomination and election of an individual to a particular charge is confirmation that the Lord is calling the individual to serve in the congregation.
C. ENTERING A VACANCY
1. Vacancy – General
1.1. Moving to Another Charge. A vacancy may arise in a congregation due to the Minister accepting a Call to another charge or other ministerial appointment. In such circumstances, the Presbytery will appoint an Interim Moderator at the time at which the Minister accepts the Call.
2. Vacancy – Minister’s Retirement
2.1. Retirement. The Presbytery may initiate steps to fill a vacancy which is expected to arise due to the formal notice of the Minister’s retirement.
2.2. Interim Moderator. The Presbytery may appoint the Interim Moderator at the meeting at which notice of resignation or retirement is received.
2.3. Kirk Session Meetings. The meetings of the Kirk Session will be chaired by the Minister until his ministry in the congregation comes to an end unless he requests the Interim Moderator to take the Chair in his place.
2.4. Preliminary Steps. The Interim Moderator may proceed with the preliminary steps to fill the impending vacancy.
2.4.1. The preliminary steps will be taken with the approval of the Kirk Session and the Minister.
2.4.2. The preliminary steps may include appointing the Vacancy Committee, completing the Application Schedule applying for permission to call a Minister, creating a list of suitable candidates to fill the vacancy, and giving the congregation an opportunity to hear the potential candidates.
3. Vacancy – Minister’s Resignation
3.1. Resignation. A Minister who wishes to resign his pastoral charge because of ill-health or other reason not regarding his conduct or doctrine must tender his resignation to his Presbytery.
3.2. Investigation. Unless the resignation is for the purpose of taking up another appointment, the Presbytery is bound to investigate the reasons for resignation and may appoint a committee to do this in detail, and if appropriate endeavor to resolve difficulties which may have occasioned the resolution to resign, before accepting the resignation.
3.2.1. If the desire to resign persists, and the Presbytery have no knowledge of anything which might involve disciplinary action, and therefore could preclude acceptance of resignation, it must accept the resignation.
3.2.2. If the Presbytery concludes that there are areas of concern over congregational health, they will proceed according to the terms of the current legislation on the investigation of congregational health.
3.3. Interim Moderator. The Presbytery will appoint an Interim Moderator at the point at which the resignation is accepted, and the congregation will be informed of events.
4. Succession Planning
4.1. Colleague and Successor. An Assistant Minister may be appointed by a congregation as a colleague and successor to the Minister. In the case of the Minister’s retirement, the appointment must be within three years of the proposed retirement date.
4.1.1. The Assistant Minister will be selected and appointed in the normal way under the terms of the current legislation on Assistantships.
4.1.2. The Kirk Session will record the congregation’s agreement, from a duly constituted congregational meeting, that the Minister appointed to the Assistantship is also Colleague and Successor to the current Minister.
4.1.3. The Kirk Session and the congregation may agree that the Assistant Minister is the Colleague and Successor at any stage of the three-year term of his appointment.
4.2. Minister’s Notice. When the Minister gives formal notice of his intention to retire, or to resign from the congregation as part of the succession plan, the Presbytery will appoint an Interim Moderator on receipt of the notification.
4.3. Congregational Meeting. The Kirk Session will meet with the congregation to confirm its support of the previously agreed succession plan.
4.3.1. If the congregation confirms their support of the plan, the Kirk Session may proceed to request the Presbytery to moderate in a Call, as soon as possible after the resignation or retirement becomes effective, without the need to engage in the Vacancy Committee process.
4.3.2. If the outcome of the congregation meeting is such that they are no longer supportive of the succession plan, the Interim Moderator and Kirk Session will follow the normal procedure for filling a vacancy, including the appointment of a Vacancy Committee as set out in Paragraph 9 below, and the appointment of the Assistant Minister will continue until the end of the current three-year term or until he is called elsewhere.
Vacancy – Death of a Minister
5.1. Death. In the unfortunate situation of the Presbytery receiving notification of the death of a Minister, the Moderator of the Presbytery, or his appointed Presbytery representative, will meet with the family of a deceased Minister as soon as possible after receiving the news of his passing.
5.2. Presbytery Support. The Moderator or his appointed Presbytery representative will meet with the congregation and lead them in the worship of God on the Lord’s Day as soon as possible after the death of the Minister.
5.2.1. The Moderator or his appointed Presbytery representative will assist the family as they prepare for the funeral service.
5.3. Interim Moderator. The Presbytery or its Business Committee will appoint an Interim Moderator as soon as possible after the death of the Minister. If the Interim Moderator is appointed by the Business Committee, the Presbytery will note the appointment at the next Ordinary Meeting.
6. Vacancy – Removal by Presbytery Action
A vacancy may arise in a congregation due to Presbytery intervention in the cases of congregational health or Church discipline. In such cases, the Presbytery will proceed to appoint an Interim Moderator at the point at which the pastoral tie is dissolved.
7. The Role of the Presbytery
7.1. The Responsibility. It is a biblical principle of Presbyterianism (Acts 13:1-3; 1 Timothy 4:14) that all proceedings of a congregation connected with the calling of a Minister should be conducted by the Presbytery within whose bounds the congregation is located.
7.2. The Process. The actual election and call of a Minister by the congregation should take place in the presence of, and under the supervision of the Presbytery or a Committee appointed by the Presbytery for this purpose.
7.3. Interim Moderator. One of the first actions of the Presbytery when a vacancy arises is the appointment of one of their Ministers as Interim Moderator of the Kirk Session of the vacant congregation.
7.3.1. The Presbytery may take account of recommendations made by the relevant Kirk Session when appointing an Interim Moderator.
8. The Role of the Interim Moderator
8.1. Attendance at Meetings. The Interim Moderator will normally preside at all congregational meetings and all Kirk Sessions meetings that may be held during the vacancy.
8.1.1. He is vested with the authority of a Minister and executes all ministerial functions as Moderator of the Kirk Session.
8.1.2. It is not the Interim Moderator’s duty to take any charge of convening the Deacons’ Court, that duty being expressly assigned to the Clerk of the Deacons’ Court during a vacancy in the pastoral office. He does not, therefore, become a Charity Trustee of the congregation by virtue of being Interim Moderator.
8.1.3. No public meeting of a congregation should be held to take any steps connected with the choice of a Minister unless the Interim Moderator or another ministerial member of Presbytery be present to officiate at it.
8.2. Declaration of Vacancy. It is the responsibility of Presbytery to have a congregation formally declared vacant upon the removal of a Minister for whatever reason. This duty is usually assigned to the Minister appointed as Interim Moderator.
8.3. A Statement. A statement will be read to the congregation at the time of being declared vacant which will highlight the following general principles:
8.3.1. The statement will emphasise the need for harmony in the calling of a Minister, the importance of the peace and well-being of the congregation, the importance of private and corporate prayer that the Lord would send a pastor according to His own heart, the solemnity and importance of the duty of calling a Minister, and the need that everything is done decently and in order.
8.3.2. The Assembly Clerks’ Office will provide a concise statement, which contains the specific principles above along with the duties of the Presbytery, the Kirk Session, and the congregation, and which will be made available to Presbyteries for adaptation according to local circumstances.
8.4. Preliminary Arrangements. Unless special grounds exist for delaying the filling of the vacancy, the Interim Moderator shall call a meeting of the Kirk Session as soon as possible to make preliminary arrangements for filling the vacancy.
8.5. The Responsibility. In the event of a vacancy, the Presbytery has the responsibility to ensure continuity of gospel ordinances and pastoral care, and to take measures within the laws of the Church to fill the vacancy.
8.6. Preaching Supply. The Interim Moderator will ensure that suitable preaching supply is arranged for the duration of the vacancy.
8.7. Communication. The Interim Moderator will keep all candidates whose names are included in the process for electing a Minister / Probationer to fill the vacancy up to date with developments.
9. Vacancy Committee
9.1. Appointment. A Vacancy Committee will be appointed by the Kirk Session as soon as possible after the congregation has been declared vacant.
9.1.1. The Vacancy Committee will be an advisory Committee with no ecclesiastical powers.
9.1.2. The Committee may be appointed, and preliminary steps to fill the vacancy undertaken, without the need to await permission to call from the Mission Board.
9.1.3. In the case of succession planning, the Vacancy Committee be appointed as per Paragraph C.9 only when the outcome set out in Paragraph C.4.3.2 arises.
9.2. Membership. The Vacancy Committee will be comprised of Elders and Deacons and representatives of the communicant membership (male or female).
9.2.1. The Kirk Session will appoint the Elders and Deacons to the membership of the Committee. The Session may, at its discretion, decide to appoint only representatives of the Kirk Session and the Deacons Court.
9.2.2. The Kirk Session may decide to include up to a maximum of two representatives of non-communicant members (male or female) who are regular attenders in the congregation and who participate in congregational life
9.2.3. Representatives of the communicant members and the regular attenders (male or female) will be elected by the Congregation at a duly constituted congregational meeting. This may be done by a proposal from the Kirk Session or by seeking nominations from the communicant members of the congregation present at the meeting.
9.2.4. The Vacancy Committee will be chaired by the Interim Moderator.
9.3. The Purpose. The Vacancy Committee will assist the Kirk Session in the process of selecting a suitable Minister to be recommended to the congregation to be their pastor.
9.3.1. As representatives of the congregation, Committee members should be encouraged to invite reaction and suggestions from the congregation and to report these to the Committee.
9.3.2. The Committee will form a list of suitable candidates to fill the vacancy after which the Interim Moderator will arrange for the congregation to hear the candidates lead public worship and preach.
9.3.3. When the Committee is satisfied that they have given due consideration to the needs of the congregation, and there is a degree of harmony among its members, they will bring a recommendation regarding a suitable candidate to fill the vacancy to the Kirk Session.
9.3.4. The recommendation of the Committee will be received by the Kirk Session and a duly constituted meeting after which the Kirk Session will update the congregation.
9.3.5. The overriding aim is to ensure that the full scope of legitimate congregational interest is represented.
9.4. The Kirk Session. The Kirk Session will note the recommendations of the Vacancy Committee, and the Interim Moderator will arrange for suitable candidates to preach in the congregation.
9.4.1. When the candidates have been heard, and when the Kirk Session agree there is sufficient harmony, they will appoint a congregational meeting for the purpose of choosing a Minister to be their pastor.
9.4.2. It is permissible to appoint a Congregational Meeting for the purpose of taking steps to fill a vacancy on the Lord’s Day according to Act 2, Class 2, 2022.
9.5. Confidentiality. The opinions of Committee members, freely expressed in Committee, should be treated as strictly confidential and not included in the minutes. Opinions expressed in confidence in Committee should not be publicly divulged.
9.6. Minutes. It is advisable that a Vacancy Committee appoint a Clerk to keep minutes of all its proceedings. These minutes of decisions should be kept in a separate record and stored with the permanent records of the Kirk Session for a period of five years.
9.6.1. The provisions pertaining to minutes of Kirk Session meetings shall apply, except that there is no requirement that the minutes be bound into book form.
10. The Schedule
10.1. Application Schedule. The congregation will complete an Application Schedule applying for permission to call a Minister. The Schedule, approved at a duly constituted congregational meeting, will be submitted to the Mission Board through the Presbytery for the Board’s approval.
10.2. Financial Arrangements. Before agreeing to moderate in a Call, Presbytery must be assured that the financial arrangements meet the requirements of the Remittances Scheme, and that suitable and sufficient arrangements are in place to accommodate a Minister.
10.3. Consolidation. The Presbytery will consider whether in the light of their overall strategy for ministry it is better to consider consolidating congregations which are financially marginal or financially non-viable before passing the Schedule.
10.4. Mission Board. The Mission Board will consider the Schedule in the light of the financial sustainability of the congregation and the terms of the current legislation on the remittances scheme and the provisions for congregational ministry.
10.5. Permission to Call. The congregation will not take any formal steps towards filling the vacancy until they have been granted permission by the Mission Board to call a Minister.
11. The Documentation
The compilation of the following documents may assist the congregation in identifying a suitable Minister or Probationer to fill the vacancy.
11.1. Congregational Profile. The Kirk Session may compile a profile of the congregation showing details on local demographics, population trends, and potential for growth.
11.2. Ministry Development Plan. The Kirk Session will compile a Ministry Development Plan which outlines the vision for gospel ministry, and which will show the strategy for outreach and development of the ministry in the congregation.
11.2.1. The Plan shall show how the strategy is to be implemented and how the aims and objectives of the Plan are to be achieved.
11.2.2. The Plan will be submitted to the Presbytery and the Mission Board along with the Application Schedule (Permission to Call Schedule).
11.2.3. The Kirk Session will keep the Ministry Development Plan under review, and they will carry out the first review after the induction of the new Minister.
12. The Communion Roll
12.1. Up-to-date Roll. The Kirk Session shall update the Communion Roll before any formal steps are taken to fill the vacancy.
12.1.1. The names of all those who have recently been admitted as communicants in the congregation shall be added to the Roll.
12.1.2. The names of those who have been disjoined from the congregation by certificate, or who have relocated or are no longer involved in the active life of the Congregation, shall be removed from the Roll. The Kirk Session will inform those who have relocated or are no longer involved in the active life of the Congregation that their names have been removed.
12.1.3. They shall remove from the Roll all those who in the meantime have died.
12.2. Attestation. The updated Roll shall be attested by the Kirk Session as the list of those who have the right of election in calling a minister and shall be signed by the Interim Moderator and Clerk of the Kirk Session.
13. A Prolonged Vacancy
13.1. Interim Moderator Reports. The Interim Moderator will report on the vacancy and update the Presbytery on developments on a quarterly basis.
13.2. One Year. When a vacancy has endured for one year, and no action has been taken to secure a settlement, the Interim Moderator will report on the delay and explain why no action has been taken. The Presbytery will confer with the congregation to encourage them to proceed to an election as soon if this can be achieved harmoniously.
13.3. Two Years. When a vacancy has endured for two years, and no formal steps have been taken to secure a settlement, the Presbytery will meet with the congregation to consider whether there are issues of congregational health which are hindering the process.
13.4. Congregational Health. If issues of congregational health are confirmed, the Presbytery will inform the Mission Board and will follow the process for dealing with congregational health set out Section H of Act 2, Class 1, 2024, Act anent the Conduct, Complaints and Discipline of Office-bearers.
13.5. Interim Moderator – Review of Appointment. The Presbytery may review the appointment of the Interim Moderator at the end of each year in conjunction with Paragraphs 13.2. and 13.3. above.
D. ELECTING THE MINISTER
1. The Eligibility
1.1. Rolls of Ministers. The following are available and eligible to be elected and called to fill a vacancy:
1.1.1. Ministers on the Roll of Ministers in Charges.
1.1.2. Ministers on the Roll of Ministers Without Charge Eligible for Call.
1.1.3. Probationers licensed by Presbyteries to preach the gospel and whose names are on the Roll of Probationers.
1.1.4. Ministers appointed to a post at ETS or to any other Free Church appointment.
1.1.5. Ministers of denominations with which the Church has a relationship of mutual eligibility may also be elected by a congregation to fill a vacancy.
2. Additional Categories
2.1. Ministers in Training. A student for the Free Church ministry is eligible to be provisionally elected by a congregation to fill a vacancy at the duly constituted congregational meeting from 1st March in the year of scheduled licensing.
2.1.1. The decision of the congregation to elect an eligible Minister-in-Training becomes formal and final on the Kirk Session receiving written notification from the Presbytery that he has successfully completed the licensing process.
2.1.2. The Minister-in-Training may give a provisional commitment to the congregation which has elected him. He may give only one such commitment.
2.1.3. Where a Minister-in-Training has been elected in this way, and he has given the Interim Moderator and Kirk Session a provisional commitment, the congregation is bound to honour the election and the commitment and to await his licensing before proceeding to the next stage.
2.1.4. The Interim Moderator may contact the Board of Ministry to confirm the Minister-in-Training’s eligibility for the licensing to preach process.
2.1.5. The Presbytery shall not proceed to moderate in a Call until the Minister-in-Training has finished his training and has been licensed by the Presbytery to preach the gospel.
2.1.6. Should the scheduled licensing be delayed or postponed by the Minister-in-Training, the provisional agreement will lapse, and the Congregation may proceed with another election.
2.2. Ministers from Other Denominations. A person who is an ordained Minister in another denomination, and whose application to be admitted to the Free Church ministry has been passed by the Presbytery and by the Board of Ministry, may be provisionally elected by a congregation to fill the vacancy.
2.2.1. The Minister may request a delay in his application coming before the General Assembly or its Commission until such time as he is provisionally elected by a congregation up to a maximum period of three years.
2.2.2. The Minister may give a provisional commitment to the congregation who has elected him. He may give only one such commitment.
2.2.3. The Presbytery will not proceed to moderate in a Call until the Minister’s application has been accepted by the General Assembly or its Commission, and the Minister has answered the Questions and signed the Formula.
3. The Candidates
3.1. List of Names. The Kirk Session will prepare a list of eligible and suitable candidates to fill the vacancy based on the submissions of the Vacancy Committee.
3.2. The list of eligible and suitable candidates submitted by the Vacancy Committee will include reasons to support the suitability of each candidate.
3.3. Public Worship. The Interim Moderator will arrange for suitable candidates to lead public worship and preach to the congregation.
3.4. Interview. The Kirk Session may, at their own discretion, arrange for each candidate to be interviewed regarding their interest and regarding their perspective of gospel ministry in the congregation.
3.4.1. They may also arrange a meeting to give the congregation an opportunity for a question-and-answer session with the candidate.
3.5. Interim Moderator. If the name of the Interim Moderator is proposed as a suitable nomination to fill the vacancy, he will declare a conflict of interest and request that the Presbytery appoints another Minister to replace him as Interim Moderator.
3.5.1. The Interim Moderator may intimate that he does not wish his name to be considered to fill the vacancy. In this case, he may continue in the role of Interim Moderator.
3.6. Congregational Meeting. When all the desired candidates have been heard, planned interviews have been completed, and there is a degree of unanimity, the Kirk Session will appoint a congregational meeting for the purpose of electing one to be their pastor.
3.6.1. If desired unanimity has not been achieved within the Committee, they may propose a maximum of two names and ask the congregation to decide.
3.7. Expression of Interest. An eligible Minister may express an interest in a vacancy to the Interim Moderator and Kirk Session without this being interpreted as using undue methods to procure a Call.
3.7.1. A Minister expressing such an interest may submit reasons for his suitability to support the submission of his name.
3.7.2. The Interim Moderator, Kirk Session and Vacancy Committee will keep all expressions of interest in strict confidence.
4. The Congregational Meeting
4.1. The Appointment. The Kirk Session will appoint a congregational meeting, inclusive of communicant members and regular attenders who are not communicant members, for the purpose of carrying out an election to fill the vacancy.
4.1.1. They will give at least ten days’ notice of the meeting in fairness to all who are eligible to take part in the election.
4.1.2. Meetings of Church Courts to further the settlement of a Minister in a pastoral charge, including congregational meetings, are permissible on the Lord’s Day according to the provisions of Act 2, Class 2. 2022.
4.1.3. Those who have a right to take part in the election of a Minister may have their presence recorded with the use of audio-visual technology and may therefore take part in the meeting.
4.2. Nominations. It is normal practice for the Vacancy Committee to recommend a name to the Kirk Session whom they consider to be suitable to fill the vacancy.
4.2.1. The Minister nominated by the Vacancy Committee will be proposed to the congregation at a duly constituted Congregational Meeting.
4.2.2. The right to call a Minister to be their pastor rests with the people. Opportunity will therefore be given to the communicant members present to propose alternative nominations.
4.2.3. All nominations will be moved and seconded and supported by reasons to confirm the claim of suitability.
4.3. Election. If there is more than one nomination, the meeting will proceed to elect from the list of names.
4.3.1. The procedure will follow the normal practice of calling for votes for the last motion (nomination) first, and so on until there is a call to vote for the first motion (nomination).
4.3.2. The nomination which has the least number of votes will drop out of the election, and the meeting will move to taking the vote on the remaining motions (nominations) in the same order until the final vote.
4.3.3. The Interim Moderator will announce the result of each vote until the final voting figures are announced.
4.3.4. Should the final vote not be unanimous, the Moderator will ask those who voted with the minority if they are willing to support the majority nomination.
4.3.5. Should the minority not be willing to support the majority nomination, and if the majority nomination does not have the support of at least two thirds of the communicant members, the current election stage will be terminated and the process taken up at a later date.
4.4. Disharmony. If it appears that the congregation is not prepared at this stage to elect any of the desired candidates, the Committee shall prepare a list of additional candidates, and the steps set out in Section D.2 and D.3 will again be followed.
4.5. Vacancy Committee. The Kirk Session may agree at this stage to appoint a new Vacancy Committee following the process outlined in Section C Paragraph 8 above.
4.6. Minutes. The Kirk Session Clerk will record all the details of the motions (nominations) and the number of votes.
5. Calling an Assistant Minister
5.1. Permission. Congregations may be granted permission by the General Assembly to appoint an Assistant Minister.
5.2. Kirk Session. The Kirk Session will agree on a suitable person to be the Assistant Minister on the recommendation of the Minister.
5.2.1. The Kirk Session will call a Congregational Meeting at which the proposal to call an Assistant Minister, with the person’s name included, will be presented to the communicant members and regular adherents for their approval.
5.2.2. Having gained the approval and support of the congregation, the Kirk Session will request the Presbytery to moderate in a Call to the named person to be the Assistant Minister.
5.3. Harmony. The Call to a Minister to be an Assistant Minister must have the support of at least two thirds of communicant members on the Roll in proportion to the whole number.
5.4. The Presbytery. The Presbytery will proceed to moderate in a Call to the Minister and to processing of the Call according to the process set on out Section E and Section F below respectively.
5.5. A Seat. The Assistant Minister will be granted a seat in the Presbytery on his induction.
6. The Presbytery
6.1. Request to Presbytery. If it is found that the congregation are cordial and wholehearted in their support of the nomination which has secured a majority in the election, the Kirk Session may proceed to request Presbytery to moderate in a Call to the elected Minister or Probationer.
6.2. Representatives. When resolved to request Presbytery to arrange to moderate in a Call, the Interim Moderator will bring the request before Presbytery on the Kirk Session’s behalf.
6.3. Extract Minute. The Session Clerk will forward an extract of the proceedings of the Kirk Session to the Presbytery Clerk showing the Session’s decision to request Presbytery to moderate in a Call to fill the vacancy, and the details of the election that took place.
7. Appointing a Church Planter
7.1. Church Planting Appointment. The Church Planter will be recommended to the Presbytery by the Mission Board and appointed to the Church Plant by the Presbytery within whose bounds the Church Plant is located.
7.1.1. The preferred Church Planter candidate may be a Probationer or an ordained Minister in a pastoral charge or other appointment.
7.1.2. The Church Planter is not eligible for a Call to another charge or appointment during the first five years of his appointment as Church Planter.
7.2. Probationer. If the preferred candidate is a Probationer, the Presbytery will proceed to arrange for examination for ordination. On the successful completion of the examination, he will be ordained and inducted to the Church Plant.
7.3. Ministers in Training. A Minister-in-Training becomes eligible to be provisionally selected by the Mission Board to be a Church Planter after 1st March in the year of scheduled licensing.
7.3.1. The selection of a Minister-in-Training will be subject to the same commitments and safeguards set out in Paragraph D.1.2 above.
7.3.2. The Mission Board and the Presbytery shall not proceed to the appointment of a Church Planter in this case until he has finished his training and has been licensed by the Presbytery to preach the gospel.
7.4. Ordained Minister. If the selected Church Planter is an ordained Minister in a pastoral charge, or in another full-time ministerial post, the invitation to take up the appointment in the Church Plant will be processed through his Presbytery in a manner comparable to a Call.
7.5. A Formal Approach. Once the preferred Church Planter has been selected, the Presbytery will take the necessary steps to prepare for a formal approach.
7.5.1. The formal approach will take the form of a letter from the Presbytery addressed to the selected Church Planter (1) referring to the ministry of the proposed Church Plant and the ministerial gifts and abilities required, and (2) stating clearly why the Presbytery and the Mission Board are persuaded that the person is suited to the task.
7.5.2. If the selected Church Planter is a Minister in another Presbytery, the letter with the formal approach will be copied to the Presbytery Clerk.
7.5.3. The Presbytery will appoint a day and date for a meeting at which the formal approach will be tabled, and the selected Church Planter will be asked to respond to the Call of the Presbytery.
7.5.4. The Mission Board will prepare the equivalent of reasons for translation in consultation with the Church Plant parent Kirk Session or Presbytery.
7.5.5. The formal approach will be disposed of following the same procedure for disposing of a Call as set out in Section E and F below.
E. MODERATING THE CALL
1. Appointment of Meeting
1.1. The Report. The Interim Moderator will report to the Presbytery regarding the health of the congregation, the presence of harmony as to the choice of a Minister, and their readiness for calling one.
1.2. In Hunc Effectum Meeting. Should the Presbytery agree to the Kirk Session’s request, they will proceed to appoint an In Hunc Effectum meeting to moderate in a Call at a suitable date.
1.2.1. The Presbytery will proceed to meet with the congregation within twenty-one days of resolving to moderate in a Call.
1.3. The Terms of Appointment. The terms of appointing the In Hunc Effectum Meeting will include reference to (1) what should happen if the minister who is to be called withdraws his name before the date of the meeting, and (2) a clause which empowers the special meeting to make all arrangements arising from the sustaining of the Call including arrangements for examination for ordination and provisional arrangements for processing the Call; and (3) appoint another In Hunc Effectum Meeting at which the Call will be processed and answered.
1.4. The Moderator. The Moderator of Presbytery will normally be appointed to preside at the In Hunc Effectum Meeting. Alternatively, the Presbytery may appoint another Minister, who is a member of the Presbytery, to preside instead of the Moderator.
1.5. Edict. The Presbytery will issue an Edict to be read before the congregation on the Lord’s Day. The Edict will show details of the date and place of the meeting, the purpose of the meeting, and who will preach and preside.
1.6. Documents. The Clerk of the Presbytery will prepare the Form of Call for the communicant members to sign and the Concurrence in Call for the regular attenders to sign at the meeting.
1.7. Disharmony. If the Interim Moderator’s report is unsatisfactory, or if the Presbytery has otherwise good reason to fear that a sufficiently harmonious Call cannot be obtained, they will not procced to moderate in Call.
2. Options for Signing the Call
2.1. Documents. If the Presbytery agrees to moderate in a Call, the name of the Minister elected at the congregational meeting is inserted in the Form of Call and the Concurrence in Call by the Presbytery Clerk in preparation for the meeting.
2.2. Absentee Voting. A person who is not able to be present at the meeting appointed for the signing of the Call, and who wishes to declare their support of the Call, may be entitled to submit an absentee Ballot Form by post or by electronic submission to the Presbytery Clerk.
2.2.1. The Presbytery Clerk will prepare a Ballot Form for distribution to the Kirk Session Clerk.
2.2.2. The Kirk Session will make the Form available to potential absentee subscribers.
2.2.3. Completed Forms will be returned to the Session Clerk who will forward the Forms to the Presbytery Clerk to the Presbytery Clerk by the appointed date.
2.2.4. The Presbytery Clerk will prepopulate a Form of Call document and a Concurrence of Call document designed for absentee voting with the names of Communicant Members and Regular Attenders respectively who wish to subscribe to the Call in this way.
3. The Signing of the Call
3.1. Return of Edict. The first duty of the Presbytery when convened to meet with the congregation is to ascertain that the notice of the meeting was duly served as per the Edict issued by the Presbytery Clerk.
3.2. The Communion Roll. The second duty of the Presbytery when convened to meet with the congregation is to have an up-to-date and signed copy of the congregation’s Communion Roll before them.
3.3. Absentee Voting – Validation. The Presbytery Clerk will attest and validate all Ballot Forms submitted by absentee subscribers against the up-to-date Communion Roll in consultation with the Interim Moderator.
3.4. Supervision. The Presbytery will appoint members to supervise the signing of the Form of call and the Concurrence in Call.
3.5. Public Worship. The Moderator of the meeting then leads the public worship of God and at its conclusion explains the object of the meeting and the procedure to be followed. Procedure is as follows:
3.6. The Call. The Moderator reads the Form of Call and the Form of Concurrence in Call with the name of the person to whom it is to be addressed inserted.
3.6.1. The Moderator invites all communicant members to sign the Form of Call.
3.6.2. The Moderator invites those who are regular attenders in the congregation, and who are of sufficient maturity (16 years or older), to sign a Form of Concurrence in the Call.
3.6.3. The Moderator instructs those appointed by the Kirk Session as approved representatives to sign the Call on behalf of those unable to be present to sign the Call and the Concurrence in Call according to the submitted Ballot Forms.
3.6.4. When the Call and Concurrence in Call have been signed by all present who wish to do so, the Moderator attests it.
3.6.5. The Moderator will also attest the prepopulated Form of Call and Concurrence in Call which includes the names of absentee subscribers.
4. Sustaining the Call
4.1. Motion. The Moderator will announce the number of signatories to the Form of Call and Concurrence in Call and will ask for a motion to sustain the Call from a member of the Presbytery.
4.2. Harmony. If the Call has been subscribed by at least two thirds of communicants on the Roll in proportion to the whole number, and if no dissents have been given in, the Presbytery will sustain the Call.
4.2.1. If sufficient harmony has not been achieved, a motion to sustain the Call will not be competent, and the Interim Moderator and the Congregation will be advised to recommence the election process.
4.3. The Congregation. The outcome, and the procedure for processing the Call, is explained to the congregation present, after which the public part of the meeting is concluded and the congregation dismissed.
5. Arrangements for Processing the Call – Preparatory Documentation
5.1. Timing. Presbyteries will ensure that a Call is processed at a formal meeting within twenty-eight days of sustaining the Call.
5.2. Documentation. The Presbytery will request that Reasons for Translation and Reasons Resisting Translation are prepared in good time for processing the Call.
5.3. Reasons For Translation. The Presbytery will instruct the Kirk Session of the calling congregation to prepare their reasons for calling the Minister (Reasons for Translation) and to submit the same to the Presbytery Clerk within twenty-one days.
5.3.1. If the Call is to a Minister in another Presbytery, the Presbytery Clerk will forward the Reasons, together with relevant extract minute, to the Clerk of the other Presbytery as soon as they have been submitted.
5.4 Kirk Session’s Response. The Kirk Session of the Minister under Call will be invited to either submit reasons why the Presbytery should not place the Call in the Minister’s hands (Reasons Resisting Translation), or to submit a statement of Concurrence in the Call indicating their support of the Minister should he be of the mind to accept the Call.
5.4.1 If the Call is addressed to a Minister in the home Presbytery, the Clerk will contact the Kirk Session of the called Minister’s Congregation directly to request the Reasons or the Concurrence.
5.4.2 If the Call is addressed to a Minister in another Presbytery, the Clerk of the calling Presbytery will contact the Clerk of the called Minister’s Presbytery who will then contact the Kirk Session of the Minister under Call to request the Reasons or the Concurrence.
5.4.2 In all cases, the documents should be submitted within twenty-one days to the Clerk of the Presbytery who will process the Call.
5.5. Distribution. The Reasons for Translation and the Reasons Resisting Translation, or the Statement of Concurrence, will be distributed to all members of the Presbytery of the Minister under Call, to the Minister under Call, and to representatives of the calling Presbytery, as soon as they have been received by the Presbytery Clerk.
F. PROCESSING THE CALL
1. General
1.1. Preliminaries. The Presbytery will note the following documents before proceeding to process the Call:
1.1.1. The minutes of the previous meeting of the Presbytery (Ordinary or In Hunc Effectum) appointing the date for answering the Call.
1.1.2. Receipt of the Reasons for Translation from the Kirk Session of the calling congregation.
1.1.3. Receipt of the Reasons Resisting Translation from the Minister’s home Kirk Session or the equivalent in the case where the called Minister is in another Church appointment.
1.1.4. The Reasons for Translation and the Reasons Resisting Translation documents are taken as read and not presented orally at the meeting.
1.2. Home Kirk Session. The home Kirk Session of the Minister under Call will appoint two Commissioners as its representatives at the Presbytery when the Call is being processed.
1.2.1. The Kirk Session representatives may take part in discussion, but they may not introduce new business or vote on any issue.
1.3. Minister under Call. The Presbytery will note that the Minister under Call is present and that representatives of both Kirk Sessions are also present.
1.4. Another Presbytery. Where the Call is from a congregation in another Presbytery, the Presbytery will note that the Kirk Session of the calling congregation has been notified of the arrangements for processing the Call.
1.5. Audio-visual Technology. Representatives of Presbyteries and Kirk Sessions from other Presbyteries may attend with the use of an audio-visual platform.
1.6. Call not Accepted. In all cases, where the Call is not placed in the Minister / Probationer’s hand, or the Call is not accepted, the calling congregation will return to the election process set out in Section D above.
2. Call to a Probationer
2.1. Probationer Present. If the Call is to a Probationer, and he is present when the Call is sustained, he may be invited to appear before the Presbytery, when the Moderator will inform him of the outcome of the meeting and ask him to declare whether he is of a mind to accept the Call.
2.1.1. If he is of the mind to accept the Call, the Moderator places the Call into his hands, and he formally states his acceptance of it.
2.1.2. The Presbytery may adopt the use of an audio-visual platform through which a Probationer who is unable to be present physically can have his presence recorded in accordance with the current legislation on the use of technology in conducting Church business. The Presbytery may then proceed as per Paragraph 2.1. and 2.1.1. above.
2.2. Probationer Absent. If the Probationer is not in attendance when the Call is sustained, the Presbytery Clerk will inform him that the Call to him has been sustained and will instruct him to appear before the Presbytery which sustained the Call on an agreed date when he will be asked to declare whether he is of a mind to accept the Call.
2.3. Examination for Ordination. If the Probationer states that he is of the mind to accept the Call, the Presbytery must proceed to arrange for the examination for ordination to satisfy themselves regarding his fitness for the work of the pastoral ministry.
2.3.1. If the Probationer has successfully completed his examination for ordination, the Presbytery will confirm the date of ordination and induction.
2.3.2. If, after the examination for ordination, the Probationer called is not found qualified, the Presbytery ought to frame their Minute so as to put the Superior Courts in clear and full possession of the grounds on which their judgment proceeds, and to enable a person appealing or complaining to state with distinctness his reasons of appeal or complaint.
2.3.3. If the judgment of a Presbytery declining to sustain examination for ordination be not appealed or complained against in due form, or if it be not reversed by the Superior Courts after appeal or complaint, intimation must be made to the Congregation that the Probationer called has not been found qualified, and that a new election must take place.
2.4. Edict. The Edict appointing the ordination and induction of a Probationer is not normally issued until the Presbytery sustains the examination for ordination.
2.4.1. The Presbytery may issue its Edict earlier to assist the Probationer and the congregation in planning for the ordination and induction but only by stating clearly that the ordination and induction is subject to the successful completion of the examination for ordination.
2.5. Appeal or Complaint. If the Presbytery finds that the Probationer is not qualified after the examination for ordination, it is open for the Probationer to appeal, and to a member of the Presbytery to dissent with leave to complain, to the General Assembly or its Commissions.
2.5.1. The grounds for appeal or complaint must not involve any charge of heresy, because such charges, if alleged and maintained, can be proceeded with only by way of reference to the Conduct and Complaints Committee under the terms of Act 24, Class 2, 2023, Interim Act on the Discipline of Office-bearers.
2.5.2. An appeal or complaint may only be brought on the grounds of procedural irregularity or misapplication of Scripture or Church law.
2.6. Notification. If the Probationer is of the mind not to accept the Call, he may notify the Presbytery formally by writing to the Presbytery Clerk, stating his decision, and asking that the Presbytery be informed accordingly. With the receipt of such notification, the whole procedure for processing the Call will be terminated.
3. Call to an Eligible Minister with no Fixed Charge
3.1. Minister Present. If the Call is to a Minister with no fixed charge whose name appears on the Roll of Ministers Without Charge Eligible for Call, and he is present when the Call is sustained, he may be invited to appear before the Presbytery. The Moderator will inform him of the outcome of the meeting and ask him to declare whether he is of a mind to accept the Call.
3.1.1. If he is of the mind to accept the Call, the Moderator places the Call into his hands, and he formally states his acceptance of it.
3.1.2. The Presbytery may adopt the use of an audio-visual platform through which the Minister who is unable to be present physically can have his presence recorded in the normal way.
3.2. Minister Absent. If the Minister is not present when the Call is sustained, the Presbytery Clerk will inform him that the Call to him has been sustained and will instruct him to appear before the Presbytery on an agreed date when he will be asked to declare whether he is of a mind to accept the Call.
3.3. Induction. If the Minister formally accepts the Call when it is placed in his hands, the Presbytery may proceed immediately to appoint the day of the induction.
3.4. Notification. If the Minister is of the mind not to accept the Call, and not being present at the meeting, he may notify the Presbytery formally by writing to the Presbytery Clerk, stating his decision, and asking that the Presbytery be informed accordingly. With the receipt of such notification, the whole procedure for processing the Call will be terminated.
4. Call to a Minister in the Home Presbytery
4.1. Notification. If the Call is to an ordained Minister of a charge within the bounds of the same Presbytery which has approved the Call, due notification is given to the Minister called and to the Kirk Session of his current congregation.
4.2. Preliminaries. The Presbytery will proceed with the due preliminaries as such are set out in Section F, Paragraph 1 above.
4.3. Process. If all parties have intimated that they have had sufficient time to prepare, the Call will be processed at the same meeting.
4.3.1. If parties have intimated that they need more time to prepare, the Presbytery will agree to process the Call at a future meeting, not later than twenty-eight days from the meeting at which the Call was approved.
4.4. Notification. If the Minister is of the mind not to accept the Call, he may notify the Presbytery formally by writing to the Presbytery Clerk, stating his decision, and asking that the Presbytery be informed accordingly. With the receipt of such notification, the whole procedure for processing the Call will be terminated.
5. Call to a Minister in Another Presbytery
5.1. The Call. A sustained Call to a Minister holding a charge in another Presbytery is not sent to him but to the Clerk of the Presbytery of which he is a member.
5.2. Notification. When a Presbytery has sustained a Call to a Minister in another Presbytery, the Presbytery Clerk shall immediately send intimation of the fact to the Clerk of the Presbytery to which the Minister belongs.
5.2.1. The Clerk of the Presbytery to which the Minister belongs shall forward the intimation to the Minister concerned, and to the Clerk of his Kirk Session.
5.2.2. This intimation shall be sufficient warrant for the Kirk Session to prepare Reasons Resisting Translation according to the process set out in Section F, Paragraph 1.
5.3. Presbytery of Jurisdiction. The judgment of his Presbytery, or of a Superior Court, in favour of his removal to the new charge must be obtained. To obtain this, the Calling Presbytery and congregation must follow certain procedures. These are:
5.3.1. The calling Presbytery appoints one or more of their number to represent the Presbytery as Commissioners at the meeting at which the Call is processed. The usual practice is that the Interim Moderator and a member of the calling congregation’s Kirk Session are appointed.
5.4. Commissioners. The Commissioners appointed to represent the Presbytery in the case of a Call to a Minister in another Presbytery ascertain when the Presbytery of the called Minister is to meet to process the Call.
5.4.1. A Commissioner who is a member of the calling Presbytery may be associated with the home Presbytery for the duration of the meeting.
5.4.2. They may take part in discussion, but they have no right to introduce new business or vote on any issue.
5.5. Notification. The Clerk of the Presbytery approving the Call notifies the called Minister and his Kirk Session and supplies a copy of the Reasons for Translation, but not the Call itself.
5.5.1. The Kirk Session of the Minister under Call consults the congregation and proposes the case to be presented to the Presbytery on their behalf (Reasons Resisting Translation). The Reasons Resisting Translation will be sent to the Commissioners appointed by the Calling Presbytery and to the Minister under Call as soon as possible, and at least seven days before the date on which the Call will be answered.
5.6. Notification. If the Minister is of the mind not to accept the Call, he may notify the Presbytery formally by writing to the Presbytery Clerk, stating his decision, and asking that the Presbytery be informed accordingly. With the receipt of such notification, the whole procedure for processing the Call will be terminated.
6. Call to a Church Planter
6.1. A Formal Approach. Once the preferred Church Planter has been selected, the Presbytery will take the necessary steps to prepare for a formal approach. (See Section D.6.4.2 above)
6.1.1. The formal approach will be disposed of following the same procedure for disposing of a Call as set out in this Act.
6.1.2. If the selected Church Planter is a Minister in another Presbytery, the letter with the formal approach will be copied to the Presbytery Clerk.
6.2. The Presbytery. The Presbytery will appoint a day and date for a meeting at which the formal approach will be tabled, and the selected Church Planter will be asked to respond to the Call of the Presbytery.
6.3. The Mission Board. The Mission Board will prepare the equivalent of reasons for translation in consultation with the Church Plant parent Kirk Session or Presbytery as such are defined by Act 20, Class 2, 2023.
7. Call to Minister in another Ministerial Appointment
7.1. The Appointment. The Church may from time to time appoint a Minister to an area of service other than congregational ministry, either within a Presbytery or serving the wider denomination.
7.2. The Process. Once the preferred Minister has been selected, the relevant Board or Presbytery will take the necessary steps to prepare for a formal approach in a similar way to the process set out in Section D Paragraph 7.5 above.
8. Processing the Call
8.1. Documentation. The Presbytery will note the Reasons for Translation and the Reasons Resisting Translation and will ask all parties to confirm receipt and knowledge of both documents before proceeding with the business.
8.1.1. The documents will be taken as read and not presented at the meeting.
8.2. The Minister under Call. The Presbytery will ask the Minister under Call to exercise his right to be heard and to declare his mind regarding the Call. In declaring his mind regarding the Call, three responses are competent:
8.2.1. That he is of a mind to accept the Call.
8.2.2. That he is of a mind not to accept the Call.
8.2.3. That he wishes to place the matter before the Presbytery for a decision to be taken by them.
8.3. Determination. After the Presbytery have engaged in prayer, they discuss the expediency of the translation, and in the light of that discussion resolve whether to place the Call in the hands of the minister concerned.
8.4. Motions. Two motions are competent at this stage and the Presbytery must resolve between them:
8.4.1. The Presbytery consider the translation expedient and agree to place the Call into his hands.
8.4.2. The Presbytery consider the translation inexpedient and agree not to place the Call into his hands. The reasons supporting the motion must be clearly stated, and acceptable reasons will be strategic and pastoral and not based on self-interest alone.
8.5. First Motion Carries. If the first motion is agreed and there is no complaint or appeal, the Call is placed in the hands of the Minister concerned, and the Moderator asks him to formally accept it.
8.5.1. If he then accepts the Call, the Presbytery formally agrees to the translation.
8.5.2. If the Call is from a congregation in the same Presbytery as the Minister under Call, they may proceed to arrange for the induction and for the appointment of an Interim Moderator.
8.5.3. If the Call is from a congregation within the bounds of another Presbytery, they will formally inform the calling Presbytery that the Minister has accepted the Call, and they will instruct the Minister concerned to await instructions from the Calling Presbytery.
8.6. Second Motion Carries. If the second motion is agreed, the Call is not given to the Minister concerned.
8.6.1. Commissioners appointed to represent the calling Presbytery may enter a Request for Review at the time of the Presbytery’s finding.
8.6.2. In such cases it is usual to enter a Request for Review in the knowledge that it may be abandoned later if the Calling Presbytery and/or congregation so instruct.
8.7. Commissioners’ Report. Whatever the outcome, Commissioners who have prosecuted a Call from another Presbytery are bound to report the outcome to their Presbytery and calling congregation at its first ordinary meeting thereafter.
8.7.1. The Clerk of the Presbytery processing the Call will inform the calling Presbytery of the outcome of the process by way of extract of the proceedings of the meeting.
8.7.2. If there is no impediment by way of Request for Review, the date of induction may then be fixed by the Presbytery.
G. ORDINATION & INDUCTION
1. The Appointment
1.1. Appointment. The Presbytery will appoint a suitable day for the ordination and/or induction, in consultation with the Kirk Session.
1.1.1 The induction will normally take place within twenty-eight days of the Minister accepting the Call.
1.2. First Edict. The Presbytery will instruct the Clerk to issue its Edict, announcing the date of the ordination and/or induction, to be read in the congregation on a specified date.
1.2.1. There shall be at least ten clear days between serving the Edict and the date of the ordination and/or induction.
1.3. Edict Contents. The Edict contains a statement of the steps which have been taken and the result.
1.3.1. The Edict includes an intimation that if any person has any objection to the life or doctrine of the person mentioned, that objection must be given in to the Presbytery at the meeting of which the time and place are specified, with certification that, if no objection is then and there given in, the ordination or admission will be proceeded with on the day and at the hour appointed.
2. The Preliminaries
2.1. Meeting. The Presbytery will meet as appointed on the day of the ordination and/or induction at least thirty minutes before meeting with the congregation for public worship.
2.2. First Edict. The Presbytery will note that the First Edict has been served and signed on the appointed day. They will also note whether any objections have been received or not.
2.3. Second Edict. If no objections have been received from the First Edict, the Presbytery will issue the Second Edict to be served on the congregation prior to meeting with the congregation for public worship.
2.3.1. The Edict will be served according to the terms of the First Edict except for the fact that the notification will be given that the Presbytery is now constituted and is prepared to hear any substantiated objections.
2.3.2. The Edict will also state that the Presbytery will proceed with the ordination and/or induction unless substantiated objections are submitted to the satisfaction of the Presbytery.
2.4. Objections. If any objections are given in, anyone making an objection is required to substantiate it forthwith as an objection to life or doctrine.
2.4.1. If the objection appears, in the judgment of the Presbytery, to be substantiated, it must decline to proceed with the ordination or admission and must pass the matter to the Conduct and Complaints Committee and the process for the Discipline of Office-bearers under the terms of Act 24, Class 2, 2023.
3. Public Worship
The Presbytery will proceed to meet with the congregation, and the Moderator will lead the gathering in the public worship of God using sung praise from the Psalms.
4. Ordination and/or Induction
4.1. Narrative of Steps. After conducting public worship, the Moderator will explain the purpose of the meeting and will read a brief narrative of the steps leading up to the ordination and/or induction.
4.1.1. The Narrative of Steps will include reference to the following only: (1) the date on which the congregation became vacant; (2) the date on which the congregation met to elect a Minister and the Kirk Sessions agreed to ask the Presbytery to moderate in a Call; (3) the date on which the Presbytery met with the congregation and the Call was sustained; (4) in the case of a Probationer, the date on which he was examined by the Presbytery and the examination of ordination were sustained; (5) the date on which the Call was accepted; and (6) the date on which the Presbytery agreed to the induction.
4.1.2. The Presbytery may present the Narrative of Steps in written form in the information bulletin or programme for the Induction / Ordination service as an alternative to reading the document during the service of worship.
4.2. Questions & Formula. The Moderator calls upon the Minister or Probationer to stand up and puts to them the appropriate Questions for Ordination of Probationers and for the Admission of Ministers to a Pastoral Charge in the terms of Act 12, 1846, as revised by Act 1, Class 1, 2023.
4.2.1. On receiving satisfactory answers to the Questions, the Minister or Probationer will sign the Formula in the presence of the Congregation.
4.3. Ordination & Induction. In the case of a Probationer, the Moderator leads the Presbytery and the Congregation in prayer after which he inducts him to the congregation and grants him a seat in the Presbytery.
4.3.1. The Probationer being ordained kneels while the Moderator and Ministers of Presbytery lay their hands on him. The prayer suited to the occasion will include the following words of ordination – ‘this your servant whom we, by the laying on of hands, do now, in the name of the Lord Jesus Christ, set apart to the holy ministry,’ and will conclude with the petition that God would equip the Probationer being ordained with the Holy Spirit, and give him to fulfil the work of his ministry in all things, that he may both save himself and the people committed to his charge.
4.3.2. The Moderator then inducts the newly ordained Minister to the congregation with a form of words as follows – ‘In the name of the Lord Jesus Christ, the Great King and Head of the Church, and by the authority of this Presbytery, I admit you to the exercise of the pastoral office in this congregation, with all the privileges and duties involved therein, and grant you a seat in this Presbytery, and in token thereof we give you the right hand of fellowship.’
4.4. Induction. In the case of an ordained Minister, the Moderator leads the Presbytery and the congregation in prayer after which he inducts him to the congregation and grants him a seat in the Presbytery.
4.4.1. The Moderator inducts the Minister-Elect to the congregation with a form of words as follows – ‘In the name of the Lord Jesus Christ, the Great King and Head of the Church, and by the authority of this Presbytery, I now receive and admit you to the exercise of the pastoral office in this congregation, with all the privileges and duties involved therein, and grant you a seat in this Presbytery, and in token thereof you will now receive the right hand of fellowship from the brethren present.’
4.5. Seat In Presbytery. The name of the newly inducted Minister is added to the Roll of the Presbytery.
4.6. Addresses. After the induction, brief addresses of counsel and encouragement may be given in turn to the new Minister and the Congregation.
H. RIGHT OF REVIEW
1. Review Processes
The following paths for requesting a review of the decisions of the Courts of the Church are available to members:
1.1. Appeal. A party at the bar in relation to any case is entitled to ‘appeal’ the decision to a Superior Court.
1.1.1. An Appeal can be received only at the time when the judgment complained of is pronounced and is incompetent at a subsequent meeting.
1.1.2. However, it is not realistic to expect the party to be prepared to lodge a written document there and then (although he may do so) and accordingly he usually ‘protests for leave to appeal’.
1.1.3. This is not a request for permission to appeal, which is his right, rather it is for a ten-day grace period in which to lodge his ‘appeal’ with the Clerk or Moderator of the Court appealed against.
1.1.4. If reasons are not lodged within ten-days that fact is recorded in the minutes and the ‘appeal’ falls.
1.2. Simple Dissent. A member of a Church Court may enter a Simple Dissent from any part of the Court’s procedure which he believes to be contrary to the Word of God, the Acts of Assembly or the received order of the Church. He may require his ‘dissent’ to be recorded in the minutes.
1.2.1. To be received, the ‘dissent’ must be given in immediately when the decision dissented from is pronounced and consequently can only be given in by those who were present at the pronouncing of it. A member of the Court who took no part in the discussion is not entitled to object to the decision.
1.3. Dissent with Reasons. A member of a Church Court may enter a Dissent with Reasons.
1.3.1. If Reasons for the Dissent are given in along with it, both the Dissent and the Reasons may be included in the minute of the meeting.
1.3.2. If the Dissent alone is duly given in, intimation may be also given that Reasons for it will be added at a subsequent meeting, in which case it is competent to receive the Reasons when produced, and also to answer them if the Court see cause.
1.3.3. The Court is not bound to enter those reasons in the minute but instead should keep the reasons in retentis, that is, to preserve them among the Court’s documents.
1.3.4. A Court may reject Reasons of Dissent which are disrespectful to it, or injurious to a party.
1.3.5. A Dissent may be censurable if it is found to be causeless. It is also incompetent and censurable when it is against the carrying out of an instruction or an Act of a Superior Court, and the members who will not take part in carrying out the instruction are liable to censure.
1.3.6. A simple ‘dissent’, whether with or without reasons, is not sufficient to enable the person dissenting to bring the matter under the review of a Superior Court.
1.4. Dissent and Complaint. A member of a Court may not only enter a ‘dissent’ from a decision, but he may also to enter a ‘dissent with leave to complain’ to the decision to a Superior Court.
1.4.1. A Dissent and Complaint can be received only at the time when the judgment complained of is pronounced and is incompetent at a subsequent meeting.
1.4.2. However, it is not realistic to expect the party to be prepared to lodge a written document there and then (although he may do so) and accordingly he usually ‘dissents and protests for leave to complain’.
1.4.3. This is not a request for permission to complain, which is his right, rather it is for a ten-day grace period in which to lodge his ‘dissent and complaint’ with the clerk or moderator of the Court complained against. If reasons are not lodged within ten days that fact is recorded in the minutes and the complaint’ falls.
1.5. Request for Review. A request for review is the procedure whereby parties who have a legitimate interest in a particular process, and who are not members of the Church court when a decision which affects them is made, may ask that the decision is reviewed by the Higher Church Court.
1.5.1. A written request for review with reasons must be submitted to the Clerk of the Presbytery making the decision within ten days of the decision being made.
2. Right of Review – Signing the Call
2.1. Right. The members on the Roll of Communicants have the right to state valid objections to the Call.
2.2. Dissents with Reasons. Dissents from a Call, stating the reasons, can be received from the members listed on the Roll of Communicants only if they are given in immediately after the Call has been attested by the Moderator.
2.3. Judgement. The Dissent with Reasons must be judged on by the Presbytery, either at that meeting or at a special convened meeting held for the purpose.
2.3.1. When the objections require special investigation, the consideration of them must be adjourned, and they must be considered at a subsequent meeting.
2.3.2. All parties are summoned to the Special Meeting through announcement made to them in open court by the Moderator or the Clerk before the business of moderating in the Call is closed.
2.4. Moral Character and Doctrine. When an objection made involves a charge regarding moral character or doctrine of a Minister or Probationer, and the objection is substantiated, the Presbytery will refer the matter to the Conduct and Complaints Committee.
2.4.1. The Presbytery will suspend procedure, while its decision to sustain the Call stands, until such time as a response is received from the Conduct and Complaints Committee.
2.4.2. After examining the objection, the Presbytery may judge it to be groundless, and they record their judgement in the minutes of the meeting.
2.5. Other Objections. If the objections do not affect the moral character or the doctrine of the Probationer or Minister to whom the Call is addressed, and the objections are substantiated, the Presbytery will proceed to judge of them at a specially arranged meeting.
2.5.1. The Presbytery will, at such a meeting, come to a determination respecting the validity of the objections, after hearing all parties, and taking such evidence as they may procure or think needful.
2.5.2. If the Presbytery discover during their inquiry into the matter that there are issues relating to moral character or doctrine, they will refer the matter to the Conduct and Complaints Committee as per Paragraph 5.4. above.
2.5.3. The Presbytery will suspend procedure, while its decision to sustain the Call stands, until such time as an initial response is received from the Conduct and Complaints Committee.
2.6. The Call. The Presbytery may decline to sustain the Call, either on the ground of the number of dissents without reasons, or on the ground of the weight due to the reasons or objections adduced.
2.6.1. If the Presbytery decides not to sustain the Call, and valid objections are submitted in due form, or if the judgment be affirmed by the Superior Courts, the whole proceedings as to the Call come to an end and, in these circumstances, a new election must take place. If at least six months have passed, the same Probationer or Minister may be re-elected.
3. Disposing of the Call – Dissent & Complaint
3.1. Simple Dissent. A member of the Presbytery has the right to state a valid objection by way of a Simple Dissent. The objection is judged to be valid only when it is a dissent from any part of the Court’s procedure.
3.1.1. The Simple Dissent must be submitted when the decision is made and will be recorded in the minutes of the meeting.
3.2. Dissent and Complaint. Any member of Presbytery, including the Minister under Call, has the right to state valid objections to the Presbytery’s decision regarding the Call by way of Dissent and Complaint.
3.2.1. The Dissent and Complaint is judged to be valid only when it is a dissent from any part of the Court’s procedure which he believes to be contrary to the Word of God, the Acts of Assembly or the received order of the Church.
3.3. Reasons. The Dissent and Complaint must be accompanied with Reasons.
3.3.1. The person may submit the Reasons at the same time as intimating his Dissent and Complaint.
3.3.2. Alternatively, the person submitting the Dissent and Complaint may request leave to lodge the Reasons within the ten-day period from the time at which the decision was made.
3.4. Intimation to the Calling Presbytery. The Presbytery will instruct the Clerk to inform the calling Presbytery that a Dissent and Complaint has been submitted against the decision.
3.4.1. The notice to the calling Presbytery should also intimate whether the Reasons for the Dissent and Complaint were lodged when the Dissent and Complaint was submitted or if the person has requested leave to submit the Reasons within the ten-day period.
3.4.2. If a request was made for the Reasons to be submitted in the ten-day interval, and they were submitted in time, the Clerk will update the calling Presbytery.
3.5. The Process. The Presbytery will await instructions from the Superior Court for the Dissent and Complaint to be heard.
3.6. The Call. The Presbytery will await the finding of the Superior Court before setting a date for the induction.
4. Disposing of the Call – Request for Review
4.1. Rights. Representatives of the calling Presbytery, who are present at the meeting, may ask that the Presbytery’s decision be reviewed by the Higher Court of the Church by submitting a Request to Review.
4.1.1. The Request for Review is judged to be valid only when it is a dissent from any part of the Court’s procedure which he believes to be contrary to the Word of God, the Acts of Assembly or the received order of the Church.
4.2. Reasons. A written Request for Review with Reasons must be recorded by the home Presbytery and submitted to the Principal Clerk of Assembly within ten days of the request being made.
4.3. The Calling Presbytery. The right to a Request for Review rests with the calling Presbytery and not with the calling Congregation.
4.3.1. The representatives of the calling Presbytery will report to their Presbytery that they have submitted a Request for Review.
4.3.2. The Presbytery will call a pro re nata meeting to consider whether to submit Reasons to the Higher Court to support the Request for Review.
4.3.3. The Presbytery will consult with the calling congregation before making a final decision on whether to submit the Reasons.
4.3.4. The Presbytery will wait for instructions from the Higher Court regarding the Request for Review.
4.3.5. If Reasons are not submitted by the end of the ten-day period, the Request for Review will fall, and the home Presbytery may proceed to appoint the date for the induction.
4.4. The Home Congregation. Commissioners of the congregation of the Minister under Call, appointed by the Kirk Session as its representatives when the Call is processed by the Presbytery (see Section F.1.2 above), may also exercise their right to request a review.
4.5. The Process. If the Reasons are submitted within the ten-day period, all parties will await instructions from the Higher Court.
4.5.1. If the Request for Review has been submitted by the Commissioners of the Kirk Session of the Minister under Call, the process will be paused until a response is received from the Higher Court, and no other steps shall be taken by the calling Presbytery to fill the vacancy.
4.5.2. If the Request for Review has been submitted by the Commissioners of the calling Presbytery, no other steps to fill the vacancy shall be taken by them until a response is received from the Higher Court.
I. REPEALS
1. The General Assembly repeal the following Acts: Act 14, Class 1, 1846 Declaratory Act anent Ordination of Office-bearers; Act 6, Class 1, 1849 anent Translation; Act 4, Class 1, 1859 anent Election and Calling of Ministers; Act 2, Class 1, 1888 amending Act 4, Class 1, 1859; Act 15, Class 2, 1863 anent Address to Vacant Congregations; Act 7 1868 Declaratory Act anent Moderating in Calls; Act 4, Class 1, 1882 anent Procedure at Calling and Settlement of a Minister; Act 2, Class 1, 1886 anent Settling Ministers in Cases of Appeal; Act 1, Class 1, 1897 anent Procedure on Vacancies; Act 34, Class 2, 1976 anent Procedure in Prosecution of Translations; Act 7, Class 2, 2010 anent Procedure in Filling Vacancies.
J. GLOSSARY OF TERMS
1. An Application Schedule is a schedule completed by a vacant congregation for submission to the Mission Board, through the Presbytery, requesting permission to call a Minister.
2. A Ballot Form is a written submission of the desire to subscribe to the Call given by a person, who has the right to take part in the election of a Minister, but who is unable to be present at the meeting.
3. A Call is an invitation and call from the membership of a congregation addressed to a Minister or Probationer to undertake the office of the pastoral ministry among them.
4. A Communicant Member is person who has been admitted by the Kirk Session into the full communion of the congregation.
5. An Edict is a formal or authoritative proclamation of a decision made by a Court of the Church. (See Section G.1-2 for examples of the content of Edicts)
6. The Form of Call is the document to receive the signatures of Communicant Members who are supporting of the Call to the named Minister.
7. The Form of Concurrence in Call is the document to receive the signatures of Regular Attenders in the congregation who concur with the Form of Call signed by Communicant Members.
8. An In Hunc Effectum Meeting is a meeting appointed by the Presbytery for a specific purpose. The business of the meeting is restricted by the terms of its appointment as such are recorded in the minutes of the Ordinary Meeting of the Presbytery appointing it.
9. The Interim Moderator is a Minister appointed by the Presbytery who has oversight of a vacant congregation who will preside at all Kirk Sessions and congregational meetings held during a vacancy and who is vested with the authority and executes all the functions of the stated pastor.
10. The Moderator is one who conducts a meeting, or presides over a meeting, of a Court of the Church. He is normally an ordained Minister because some of the decision of the Court require an ordained Minister to implement them.
11. To Moderate in a Call refers to the presiding role of the Presbytery when it meets with a congregation to supervise the signing of a Call to a Minister or Probationer.
12. A Narrative of Steps is a brief report on the steps taken to fill the vacancy from the point at which the congregation became vacant to the point at which the Presbytery appointed the date of the induction.
13. A Probationer is a student for the Free Church ministry who has completed his prescribed course of training and has successfully completed the Presbytery examination for licence to preach the gospel.
14. To Process a Call means to deal conclusively with the Call to a Minister or Probationer, including hearing representatives of the congregations involved, hearing the named Minister, and the final decision of the Presbytery whether to place the Call in the Minister’s hand or not.
15. A pro re nata meeting is an emergency meeting called because the nature of the business is such that it cannot wait until the next ordinary meeting of the Presbytery.
16. A pro tempore appointment is an appointment which is for the time being only.
17. The Reasons for Translation represents the case of the calling congregation’s case for the called Minister to be their Minister.
18. The Reasons Resisting Translation represents the case of the called Minister’s congregation opposing the Call.
19. A Regular Attender is a person who attends public worship in the congregation and has an active role in the life of the congregation but who is not a communicant member.
20. The Sederunt is a list of persons present at the sitting of an ecclesiastical assembly of Church court.
21. A Statement of Concurrence is a statement submitted to the Presbytery by the Kirk Session and Congregation of a Minister under Call showing their concurrence with the Call and their support of the Minister should he be of the mind to accept it.
22. To Sustain the Call refers to the approving and validating action of the Presbytery when a Call is signed which gives the Call the authority to be processed through the Courts of the Church to the person named in it.
23. A Translation is the transfer of a Minister from one congregation / appointment to another.