The General Assembly, seeking to revise and update the arrangements for filling vacancies on Boards and Committees, enact and ordain as follows:
A. OVERVIEW
1. General Assembly
1.1. Principle. It is a principle of biblical Presbyterianism that the government of the Church is in the hands of the presbyters, the ordained ministers and elders of the Church.
1.1.1. General Assembly. The General Assembly is the highest court of the Church. It is a representative body comprised of Commissioners elected and appointed by Presbyteries.
2. Boards & Committees
2.1. Assembly Business. The General Assembly appoints Boards and Committees to carry out the business of the Assembly between meetings of the Assembly.
2.2. Remits. The Assembly determines the remits of each Board and Committee.
2.3. Membership. The Assembly appoints the membership of each Board and Committee.
2.4. Presbyteries. Members are appointed to Boards and Committees on the basis of nominations from the Presbyteries to reflect their role in the governance of the Church.
3. Assembly Clerks’ Office
3.1. The Role. The role of the Assembly Clerk and the Assembly Clerks’ Office (hereafter, ACO) includes implementing the Assembly’s instructions, arranging practically whatever is required for the convenience of the Assembly or its Commission, and organising the business coming before the Assembly for the purpose of the order and efficiency of the Assembly when it meets.
3.2. Vacancies on Boards and Committees. In the governance structure of the Church, it is the duty of the ACO to receive nominations from Presbyteries for vacancies on Boards and Committees when they occur, and, following consultation with the relevant Board or Committee, to make recommendations from these submissions to the General Assembly.
B. MEMBERSHIP OF BOARDS AND COMMITTEES
1. General
1.1. Annual Appointments. Members are appointed to Boards and Committees by the General Assembly annually.
1.2. Authority. Boards and Committees do not have the authority to appoint members.
1.3. Unexpected Vacancies. Boards and Committees will inform the ACO whenever an unexpected vacancy arises during the year. In such cases, the procedure in Paragraph 4.3 to 4.6 below will be followed.
1.4. Priority. When making recommendations to the General Assembly to fill vacancies on Boards and Committees, priority will be given to persons nominated who possess the skills set and experience desired by the relevant Board and Committee.
1.5. Presbytery Representation. Consideration will also be given to the overall representation of Presbyteries on Boards and Committees with the exception of the ETS Board and the Ecumenical Relations Committee.
2. Eligibility
2.1. Eligibility. Membership of Boards and Committees shall be confined to Ministers holding a seat in a Presbytery of the Church or to bona fide acting Elders of the Church.
2.2. Exceptions. There is an exception regarding eligibility for membership of Boards and Committees in the following cases:
2.2.1. Regarding the Board of Trustees, according to Act 6, Class 2, 2014, Paragraph 1.1.4., in that up to two of the six office-bearers appointed may be Deacons.
2.2.2. Regarding the Conduct and Complaints Committee, according to Act 24, Class 2, 2023, in that six members of the Committee must be Ministers or Elders of the Church, four additional members must be members of the Free Church of Scotland and at least three of those additional members must be female.
2.3. Restriction. In accordance with Act 24, Class 2, 2003, Paragraph 5, the ACO shall not normally nominate any Minister to membership of an Assembly Board or Committee during the first three years of his ministry. This restriction also applies to a Minister admitted from another denomination during the first three years of ministry in the Free Church.
3. Term of Service
3.1 Term. Members will normally be appointed to Boards and Committees for a four-year term, renewable for a second and final four-year term.
3.2. Re-appointment. A person serving a full term on any Board or Committee specified in this Act, shall not be eligible for nomination to any Board or Committee until at least one year has elapsed from the date at which the full term of appointment ended.
3.3. Phased Terms. The ACO will seek to ensure that initial appointments of Board and Committee members provide for a phased programme of retirement from service.
4. Termination of Appointment
Appointments to Boards and Committees may be terminated at any time for any of the following reasons:
4.1. Miscellaneous. The appointment may be terminated due to resignation, death, or discipline.
4.2. Uninterrupted Absence. Uninterrupted absence from meetings by any member of a Board or Committee during the period from the General Assembly to 31st December in any calendar year, without good reason given by him and sustained by the relevant Board or Committee, shall be considered a resignation of his membership of that Board or Committee.
4.3. Notification. The termination of the appointment of any member of a Board or Committee, for any of the reasons mentioned above, shall be reported to the ACO as soon as possible after the event.
4.4. Temporary Appointment. Upon notification of a vacancy, the ACO shall consult with the relevant Board or Committee and shall proceed to appoint a replacement who shall serve on a temporary basis until the ensuing General Assembly.
4.5. Presbytery Support. The ACO will contact the relevant Presbytery to ensure that the temporary appointment has their support.
4.6. Reporting. The ACO will report on the termination and on the temporary appointment to the General Assembly in the Nominations Report.
5. Additional Appointments
5.1. Clerks. Boards and Committees shall appoint their own clerks, in consultation with the ACO, except where an Act of Assembly specifies who shall hold the role.
5.1.1. In cases where an Act of Assembly specifies who holds the role of clerk, and a Board or Committee wish to change the arrangement, they shall bring a report to the General Assembly seeking such a change.
5.1.2. The ACO shall provide training for all Clerks to Boards and Committees.
5.1.3. The appointment of Clerks to Boards and Committees will be in accordance with the terms of Act 10, Class 2, 2015.
5.2. Consultants. Boards and Committees may appoint consultants and advisers for a three-year term to add expertise to the decision-making process. The appointment will be reviewed at the end of the three-year term and may be renewed for a second and final three-year term.
5.2.1. Consultants or advisers may be male or female and need not be members of the Free Church of Scotland.
5.2.2. Consultants or advisers will be selected based on their expertise and what they can add to the skill set of the Board or Committee to assist them in fulfilling their remit.
C. NOMINATIONS PROCESS
1. Boards and Committees
1.1. Skill Set. It is the responsibility of Boards and Committees to prepare, and keep under review, an outline of the skills and expertise required for fulfilling their remit.
1.2. Skills Audit. Boards and Committees will conduct an audit of the skills and experience required when vacancies arise in their membership, keeping such an audit under review.
1.3. Skills Gap. Boards and Committees will provide the ACO with updated information on the audit of skills and experience by 31st October annually.
1.4. Recommendation. When carrying out the skills audit, and identifying a skills gap, Boards and Committees may identify a person who in their view possesses the gifts and experiences required. In such cases, they may make a recommendation to the ACO.
2. Assembly Clerks’ Office
2.1. Assessment. The ACO shall, in October annually, consider vacancies on Boards and Committees due to arise at the forthcoming General Assembly.
2.2. Communication. They shall inform each Board and Committee of upcoming vacancies and the steps which are to be followed.
2.3. Presbytery Nominations. They shall notify each Presbytery, not later than 14th November, requesting nominations to fill the vacancies which require nominations by their Presbytery.
2.4. Documentation. They will provide Presbyteries with a suitable form for completing the nominations process.
2.4.1. They will also furnish Presbyteries with the revised and updated skills information received from each Board and Committee in the light of impending vacancies.
3. Presbyteries
3.1. Responsibility. Presbyteries will give due diligence to securing nominations for vacancies on Boards and Committees as requested by the ACO.
3.2. Nominations. Presbyteries will normally nominate Ministers and Elders from within their own bounds.
3.2.1 Presbyteries may nominate Ministers and Elders from other Presbyteries when there is a shortage of eligible and available nominees within their own bounds.
3.3. Skills and Experience. Presbyteries will give careful consideration to the information on the set of skills expected of nominees for each vacancy before making a nomination.
3.3.1. Presbyteries will submit reasons for the suitability of the persons whom they nominate in the Form issued by the ACO.
3.4. Availability. Presbytery will ensure that the persons to be nominated are available and willing to serve before returning the Nominations Form to the ACO.
3.5. Submission. Presbyteries will submit their nominations to the Principal Clerk by the 31st of January.
4. Consultation and Reporting
4.1. Returns. The ACO will collate and summarise nominations to fill vacancies received from Presbyteries and shall include this summary in its report to the General Assembly.
4.2. Consultation. The ACO will consult with each relevant Board or Committee regarding the suitability of nominations to fill vacancies received from Presbyteries.
4.3. Alternative Nominations. The ACO may recommend the appointment of a person to a Board or Committee not nominated by a Presbytery, in consultation with the relevant Board or Committee, when (1) when the needs of Boards and Committees appear to them to require such action; (2) when suitable persons have not been nominated by Presbyteries; or (3) when Presbyteries have not submitted nominations for a vacancy.
4.4. Assembly Report. Having completed the steps above, the ACO will report to the General Assembly with recommendations for filling the vacancies arising at the time.
D. REPEALS
1.The General Assembly repeal Act 29, Class 2, 2010 anent Audit of Skills and Experience.