PRESBYTERY OF HAMILTON

STANDING ORDERS

Operative as from 6th October 1987: with subsequent additions and alterations

I MEMBERSHIP

Roll of Presbytery

  1. The Roll of Presbytery shall be made up as at 30th June in each year, and shall contain the names (a) of all Ministers of Parishes, Retired Ministers, and other ministers who, according to the law and practice of the Church are entitled to sit in Presbytery; (b) of those Representative Elders who have been elected, one from each congregation within the Presbytery; and (c) of Additional Elders to be appointed by the Presbytery on consideration of recommendations by the Nomination Committee at least to the number required to give parity between Ministers and Elders. Ministers joining the Presbytery after that date shall have their names added to the Roll when admitted.

2. In cases where a Representative Elder has not been appointed by the June meeting of the Presbytery the Court shall at its September meeting appoint an Additional Elder to fill that place.

Commissions

3. Representative Elders shall present Commissions, and Additional Elders shall present Certificates of bona fide Eldership from their respective Kirk Sessions, and these may be received at any meeting of Presbytery. Appointments shall normally run from 1st July to 30th June; but in the case of death, resignation, or disqualification of an Elder during that period the Kirk Session or the Presbytery, as the case may be, may make a new appointment to complete the term.

II OFFICIALS

Moderator

  1. The Moderator shall be chosen from among the members of the Court by free election and shall hold office for one year.

5. The Moderator shall be elected by the Presbytery at its meeting in May and the installation shall take place at the meeting in September. The Nomination Committee shall bring forward a nomination to the March meeting.

6. In the absence of the Moderator one of his predecessors shall preside, but the Presbytery may appoint any member to act as Moderator pro tempore on any particular occasion

Clerk

7. The Presbytery shall appoint a Clerk on such terms and conditions as may be agreed by the Presbytery. The Clerk shall hold office during the pleasure of the Court.

The Presbytery may appoint an Assistant Clerk on terms determined by the Court, who shall continue in office during the pleasure of the Court.

8. In the absence of a Clerk the Presbytery shall appoint one of its members to act pro tempore, the oath de fidele shall be administered, and the appointment shall be recorded in the minutes.

Treasurer

9. The Presbytery shall appoint a Treasurer to take charge of its funds. The Treasurer need not be a member of the Presbytery. He shall hold office during the pleasure of the Presbytery.

 

Officer

  1. The Presbytery shall appoint an Officer to wait on its meetings and to execute its orders. He or she shall hold office during the pleasure of the Presbytery. He or she shall not, while holding office, be a member of the Presbytery.

 

 

 

 

 

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III COMMITTEES

Composition

11. With a view to securing the most careful and mature consideration for matters coming before it the Presbytery shall appoint Committees (hereinafter referred to as Standing Committees) which shall be constituted as follows:-

(1) Business and General Purposes – Conveners of all Standing Committees together with such Ministers and Elders nominated by the Presbytery. The Clerk(s) and the Treasurer shall be additional and full members. The Convener and Vice-Convener shall be nominated by the Nomination Committee, such nominations to be presented for ratification to the Business Committee before being submitted for approval by the Presbytery.

  1. Nomination – Convener and Vice-Convener of Business and General Purposes Committee, Conveners of Superintendence, Ministry and Forward Planning Committees together with seven others nominated by the Business and General Purposes Committee. The Business Committee shall also nominate the Convener and Vice-Convener and submit all nominations for approval by the Presbytery.

(3) Board of Parish Reappraisal and Mission

(3a) Forward Planning (18)

(3b) Property (18)

(3c) Ministry ( 8)

(3d) Parish Development and Mission (18)

(3e) Stewardship (18)

(4) Board of Ministry (12)

(5) Superintendence (12)

(6) Finance ( 8)

(7) State Education (12)

(8) Church Education (18)

(9) World Mission (12)

(10) Church and Social Interests (18)

(11) Hospitals and Homes ( 8)

 

NOTE Prison Chaplaincies are the responsibility of the Parish Development and Mission Committee.

12. The Moderator and Clerk(s) shall be members of all Standing Committees and shall be additional to the number stated. The number serving on any Standing Committee may be adjusted at the discretion of the Nomination Committee.

13. A member of Presbytery shall not, unless in exceptional circumstances, be a member of more than three Standing Committees, but in arriving at this number there shall not be included Committees of which he is a member ex officio.

14. The Convener and Vice-Convener of each Standing Committee shall be included in the total number indicated.

15. All Standing Committees shall be appointed, and the membership of all other Committees revised, at the Ordinary Meeting in September of each year, to which meeting the Nomination Committee shall bring forward a list of recommendations for membership.

Co-option

16. All Standing Committees shall have the power to co-opt members (not necessarily from within the Presbytery) up to one-fourth of their stated number. Co-opted members shall hold office for not more than one year and shall not be entitled to vote. Co-opted members may at any time be again co-opted. All co-options under this section shall, without delay, be reported to the Presbytery.

Convenerships

17. Conveners and Vice-Conveners of Standing Committees shall be appointed on the recommendation of the Nomination Committee.

18. The Convenerships of all Standing Committees shall be for four years unless the Presbytery deems it advisable to extend the term, but that may be for one year only.

19. The term of Vice-Convenership of a Standing Committee shall be three years.

 

 

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Business Committee

20. The Business Committee shall arrange the order of business due to come before the Presbytery, shall deal with applications to send out notices along with the billet of business and shall act as a consultative Committee to advise the Moderator or Clerk in regard to any particular item of business.

IV MEETINGS

Ordinary Meeting

21. Ordinary meetings of Presbytery shall normally be held in Motherwell: Dalziel St. Andrew`s Parish Church Halls on the first Tuesday of February, March, May, September, October, November, December and on the third Tuesday of June.

  1. Ordinary meetings of Presbytery shall be constituted by praise, the reading of the Word and prayer. At the September meeting each year the constitution of the Presbytery shall be preceded by a Celebration of the Sacrament of the Lord’s Supper.

23. The Presbytery, having been constituted, the Sederunt shall be taken and apologies for absence noted. Elders` Commissions shall be presented and the Clerk shall report any addition to the Roll since last ordinary meeting. New members shall be briefly welcomed by the Moderator; and any applications for visitors to be associated with Presbytery shall be received.

Minutes

24. Thereafter the minutes of the last ordinary meeting and of any other meeting the print of which has been circulated shall be submitted and, if approved, shall be signed by the Moderator and the Clerk.

25. After any item of business has been concluded the minute bearing thereon shall be read, adjusted and approved, if this is required by any member of the Court.

Order of Business

26. Immediately after the minutes have been approved the order of business as submitted by the Business Committee shall be adjusted and approved. After the order of business has been thus arranged no additional business may be brought before the Presbytery at that meeting.

In Private

  1. Any member may move that a particular item of business be taken in private, and normally notice of such an intention should be given when the order of business is arranged. Failure to give such prior notice will not debar a member from moving at any time that the Presbytery meet in private. The mover of the motion may state reasons briefly; discussion shall be confined to a minimum; and the vote shall be taken For or Against.

Notice of Motion

28. Motions proposing new business shall be handed in writing to the Clerk and read to the Court, which shall in each case determine whether Notice of Motion is necessary; but Notice of Motion shall always be necessary for any proposal to amend the Standing Orders. The motion shall be taken at the end of the report of the Committee to whose business it, in the opinion of the Business Committee, is most closely allied.

29. The printing of the Agenda with the authority of the Business Committee of the terms of a proposed motion may be accepted by the Presbytery as equivalent to formal Notice of Motion given at the previous meeting.

 

Order of the Day

30. The Presbytery may, at a previous meeting, or on the recommendation of the Business Committee at the time when the order of business is arranged, appoint an Order of the Day for a particular item of business. In such a case the item of business shall be taken at the hour fixed and the business before the Presbytery, if not finished at the hour named, shall be adjourned, provided that if in the opinion of the Moderator it is in accordance with the general convenience of the Presbytery, he may allow the transaction of the business then actually under discussion to continue for a period of not more than fifteen minutes beyond the specified time; but no fresh business shall be commenced.

Outside Speakers

31. Any Committee wishing that the Presbytery should hear a speaker from outside the membership of the Presbytery shall make application to the Business Committee who may make an Order of the Day or other suitable arrangements. The application shall be acceded to only when there appears to be a good reason for hearing such a speaker. The time allowed to such a speaker shall be strictly limited to ten minutes.

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Reception of Students

  1. Divinity students under supervision of the Presbytery shall normally be invited to attend the June meeting.

33. Everyone speaking to Presbytery is required to use a microphone.

V ORDER OF DEBATE

In Writing

34. Motions, Counter-motions and Amendments shall, if required by the Moderator, be handed to the Clerk in writing.

Reports

35. After the submission of any report there shall be an opportunity for questions; thereafter the adoption of the deliverance shall be moved and seconded; there may then be general discussion.

The various numbered paragraphs of the deliverance shall be submitted seriatim, opportunity being given for motions, etc. Finally the deliverance as a whole shall be submitted for acceptance.

Speakers

36. Conveners of Committees submitting reports and movers of motions of which notice has been given shall be allowed not more than ten minutes; movers of other motions and of amendments, seconders of motions, and all other speakers shall be allowed not more than five minutes – all save by special permission of the Court.

37. No member shall be allowed to speak more than once to any motion, except that the mover of an original motion shall have the usual right of reply, limited to five minutes.

Motions

38. Motions shall be regarded as belonging to one of the following categories -

    1. Original Motion

    2. Counter-motions, being motions contradictory of the original motion or of a substantial part of it.

    3. Amendments, being motions which substantially accept the original Motion or a Counter-motion, but which make deletions, additions, or alterations to it without defeating its main aim.

    4. Amendments to Amendments.

The Moderator shall be the judge of the category to which any motion belongs and his decision shall be final.

Voting

39. Motions belonging to Category 4 shall be disposed of first on a vote For or Against. Thereafter a vote For or Against motions belonging to Category 3 (amended or otherwise) shall be taken. When all Amendments have thus been disposed of and the final shape of the Motion and Counter-motion has been agreed a vote shall be taken between these. Where at this stage there are more than two proposals left before the Court a vote shall be taken among them, and unless on the first count one has a clear majority the proposal having the lowest number of votes shall be dropped and a fresh vote taken, and so on until one Motion emerges with a clear majority of the votes cast.

40. The method of voting shall be by standing up. A trial vote shall be taken in the first instance, and if this is not decisive, or if the Moderator’s decision on it is challenged, or if for any other reason a record of the number voting is required, tellers shall be appointed to count the vote.

Appeal and Dissent

41. It shall be in order at any time up till the close of the meeting at which the Presbytery has reached a decision on any matter for one who had been a party to the cause to ask to be recalled to the bar to appeal against the decision, or for any member of the Presbytery to dissent and protest for leave to complain against that decision, the fact that the Presbytery had by that time moved on to other business notwithstanding.

Points of Order

42. No member may be interrupted when he is speaking except on a call to order, and when such a point of order is raised the member who was speaking shall resume his seat.

The interrupted speaker shall have the opportunity of stating briefly why he believes he is in order, but no other member shall speak to the point of order except at the request, or with the permission, of the Moderator.

43. If he so desires the Moderator may submit the point of order to be decided by a vote of the Presbytery, but he is not obliged to do so. In either case his ruling becomes a judgement of the Presbytery.

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Exceptions

44. In causes that come before the Presbytery time limits shall not apply, and the order of debate shall be governed by the relevant sections of the Standing Orders of the General Assembly.

45. Any matter regarding the order of debate not provided for above shall be governed by the relevant section of the Standing Orders of the General Assembly.

Review

  1. It shall not be competent to review a decision of the Presbytery until at least six months have elapsed.

VI CALLS, TRANSLATIONS, DEMISSIONS, ETC.

Calls

47. In the case of a Call being presented by a congregation within the bounds the procedure shall be as follows:-

  1. Documents shall be laid on the table. These, which should be in the hands of the Clerk at least three days beforehand, shall include –

    1. Call.

    2. Papers relative to election and appointment.

    3. Letter of acceptance from the person elected, including a statement that he/she has used no undue influence to obtain the Call.

    4. Evidence that the person is qualified to receive the appointment (e.g. in the case of a Probationer, Presbyterial Certificate and Extract of Licence: in the case of a Minister of another denomination, Certificate of Eligibility).

  2. Parties shall be called. Normally the congregation shall be represented by the Interim Moderator and not more than six members of the congregation.

  3. Parties shall be heard.

  4. Parties shall be removed.

  5. The Clerk shall move that the appointment and Call be sustained.

  6. Parties shall be recalled and the decision of the Court intimated to them.

  7. The Presbytery may appoint commissioners to prosecute the Call before the other Presbytery concerned, and in this case it shall be responsible to meet expenses if asked. If commissioners are not appointed the Clerk shall forward the necessary documents to the Clerk of the other Presbytery. In the case of a Probationer who is present the Moderator shall place the Call in his hands.

  8. The Presbytery shall make provisional arrangements for the Induction or final arrangements for the Ordination and Induction.

  9. The Call shall be returned for further signatures if this is required by the Presbytery or requested by the Kirk Session concerned.

Translations

48. In the case of a Call being addressed to a Minister within the bounds the Clerk shall cite the congregation concerned, which shall have the right to send commissioners. The Minister to whom the Call is addressed shall appear for his own interest. Procedure shall be as follows :-

  1. Parties shall be called; and if no commissioners appear from the other Presbytery the Clerk shall lay on the table the documents that have been transmitted.

  2. Parties shall be heard –

    1. A commissioner from the other Presbytery. (five minutes);

    2. A commissioner from the congregation . (five minutes);

    3. The Minister concerned – who at this stage shall be asked formally whether he adheres to his decision to accept the Call.

  3. Parties shall be removed.

  4. The motion "Translate" shall be formally moved by the Clerk.

  5. Parties shall be recalled and the decision intimated to them.

  6. The Moderator shall then, with suitable words of encouragement, place the Call in the hands of the Minister.

  7. The Presbytery shall appoint an Interim Moderator with instructions to declare the charge vacant on the first convenient Sunday after the translation

49. In the case where a Call from a congregation within the Presbytery is addressed to a Minister of the Presbytery the procedure shall be as in Section 47 above with the necessary modifications.

Demissions

50. When the Clerk has received a letter from a Minister within the bounds asking to demit his charge he shall lay this on the table at the first Ordinary meeting after its receipt. Unless the grounds of demission be age or infirmity the Presbytery shall appoint a small Committee to investigate the reason for the proposed demission. The Presbytery shall in each case appoint the matter to be dealt with at the next or first convenient meeting and shall instruct the Clerk to cite parties thereto.

 

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51. At the meeting at which the demission is to be dealt with the procedure shall be as follows :-

  1. The Clerk shall briefly narrate the circumstances and shall lay all relevant documents on the table.

  2. Parties shall be called.

  3. The report of any Committee appointed in terms of Section 49 above shall be received.

  4. Parties shall be heard – one commissioner from the congregation (five minutes),

  5. Parties shall be removed.

  6. The Clerk shall formally move that the demission be accepted.

  7. Parties shall be recalled and the decision intimated to them,

  8. The Moderator shall suitably address the demitting Minister who shall then have the opportunity of addressing Presbytery (five minutes), if the grounds for demission are retirement.

  9. The Presbytery shall appoint an Interim Moderator with instruction to declare the charge vacant on the first convenient Sunday after the date of demission.

52. In cases where a Minister holding any appointment which entitles him to a seat in Presbytery resigns from that appointment it shall be for the Business Committee to recommend suitable steps to be taken by the Presbytery in relation to the resignation.

 

Readjustment

53. In all cases where the Presbytery agreed to the translation or demission of a Minister the question of readjustment in the charge to be vacated shall stand referred to the Forward Planning Committee which may take up consideration of the situation at once and without waiting for the actual occurrence of the vacancy.

 

Procedure in Readjustment Cases

54. The Presbytery Readjustment Procedure is governed by Act IV 1984. In the case of a vacancy, the matter shall be immediately remitted to the Forward Planning Committee.

 

VII LEAVE OF ABSENCE ETC

Leave of Absence

55. Any Minister requiring to be absent from his pulpit for more than six consecutive weeks shall apply for leave of absence; and when leave of absence has been granted, for any cause, or over any period, an Interim Moderator shall be appointed.

Sick Supply

56. This is now covered by the Sickness Supply Scheme operated by the Department of Ministry, 121 George Street, Edinburgh, EH2 4YN (Telephone 0131 225 5722 ) to whom all enquiries should be directed.

 

VIII SERVICES

Licence

57. The Education for the Ministry Committee shall, on receiving a request from duly qualified students, make arrangements to take them on Trials for Licence and shall duly report thereon to the Presbytery.

58. The normal arrangements for the Service of Licensing shall be that the Service shall be held within a church suggested by the Education for the Ministry Committee after consultation with the Minister of the church concerned. The Moderator shall preside and license.

Ordination

59. When a Probationer is being ordained without being inducted to a charge the Service of Ordination may be held within any church within the bounds; unless in very special circumstances it shall not be on a Sunday; the Moderator shall preside and ordain, and the arrangements shall be in the hands of the Clerk and the Minister of the church concerned.

Induction

60. The Order of Service for Induction or for Ordination and Induction shall be that printed in the Ordinal for Use in the Courts of the Church; the Moderator shall preside, induct and give the charges, while a Minister shall be appointed to preach.

 

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Admission to a seat in Presbytery

61. When a Minister is to be admitted to membership of the Presbytery otherwise than by induction or by order of a superior Court he shall lodge with the Clerk a Presbyterial Certificate and Certificate of Status and at the first ordinary meeting thereafter shall answer the question, "Do you declare your adherence to the vows you took at your ordination?" and shall sign the Formula. His name shall thereupon be added to the Roll of Presbytery.

Service of Introduction

62. In all suitable cases (Associate, Community, Auxiliary Ministry) a Service of Introduction shall be held, to be arranged by the Clerk in consultation with the Minister involved, and in the case of a Minister commissioned to be a Chaplain to H.M. Forces, a Service of Introduction shall be arranged as required by Regulations of Assembly 1962.

Readers

63. Readers approved by the General Assembly`s Board of Education shall normally be set apart at a special Service appointed therefore. The Order of Service shall be that printed in the Ordinal for use in the Courts of the Church. The Moderator shall preside and set apart.

Funerals

64. On the death of a Minister of a charge within the bounds arrangements for a Funeral Service shall be in the hands of the Clerk in consultation with the family. The Presbytery shall meet in the Church Hall immediately prior to the Funeral Service (Ministers wearing robes without hoods) and shall appoint an Interim Moderator and make other immediate arrangements.

65. On the death of a Retired Minister or of a Minister holding a non-parochial appointment arrangements shall be in the hands of the family. A Presbytery Service as in Section 63 above may be arranged if desired. In any case the Clerk shall arrange for the Presbytery to be officially represented at the Funeral.

 

IX COMMISSIONERS TO GENERAL ASSEMBLY

Appointment – Ministers

66. The Presbytery reserves to itself at all times the right to elect such commissioners to the General Assembly as it may deem fit, and this shall be done at the March meeting, an Order of the Day for the purpose being appointed at the February meeting.

67. a) The Clerk shall keep a list of Ministers in the Presbytery.

    1. Without prejudice to the right stated in Section 65 above in practice a rota of charges shall be submitted, and normally followed, but in no case shall a Minister be appointed a Commissioner to the General Assembly if he has been absent from more than four stated meetings of the Presbytery in the previous calendar year without due cause.

    2. At the February meeting each year, the Clerk shall submit a list of eligible Ministers, for information, and the Presbytery shall make the appointments at the meeting in March.

    3. After elections shall thereafter be made in terms of the regulations of the General Assembly.

Appointment – Elders

68. The Kirk Sessions of those charges on the rota for the particular year shall be invited to nominate an Elder to be appointed a Commissioner to the General Assembly.

69. At the March meeting the Presbytery shall elect Elders as Commissioners to bring up the number of the total representation allowed.

 

X FINANCE

Presbytery Dues

70. The expenses of the Presbytery shall be met from an assessment upon all congregations within the bounds; the rate of the assessment shall be determined by the Presbytery at its June meeting in each year; notice shall be sent out immediately thereafter by the Presbytery Treasurer; and payment shall be made to him not later than 31st October.

71. The amount of the assessment shall be based on the membership of each congregation as returned for the previous calendar year.

 

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Expenses

72. The Presbytery shall meet all expenses of those carrying out work on its instruction. Statements of expenses shall be lodged with the Clerk. Committees proposing to be involved in expenditure shall report in advance with, so far as possible, an estimate of the amount of the expenditure involved.

 

XI SUPERINTENDENCE

Quinquennial Visitation

73. The charges of the Presbytery shall for the purpose of visitation be divided into five groups, so that each church is visited during the quinquennium.

74. In each year of the quinquennium the Board of Superintendence shall prepare a list of congregations to be visited and appoint a Convener for each visit.

  1. This Convener will arrange a sub-committee to carry out the visitation. Each sub-committee shall comprise of four members, and should consist of two Ministers and two Elders, the latter normally being selected from the Kirk Session of the nominated ministers and preferably members of Presbytery. The Convener shall be responsible for the visitation arrangements.

76. At the same time as a date is fixed for the Visitation a Sunday shall be fixed when a member of the sub-committee shall conduct public worship at the main service of the charge visited. This should be as soon as possible after the date of the visitation. The Minister concerned shall convey to the congregation the greetings of the Presbytery and shall address to them words of counsel and encouragement as may seem appropriate.

The Minister of the congregation shall be present: and the expense of supplying the pulpit of the Minister officiating shall be a charge on the Presbytery.

77. As soon as the visitation has been undertaken, two copies of the Schedule shall be completed by the sub-committee. One copy should be sent to the Session Clerk of the charge concerned for the information of the Kirk Session and financial body. The other copy should be sent to the Convener of the Board of Superintendence.

78. At the discretion of the Convener of the Board of Superintendence the visitation of any charge may be delayed for good reason (e.g. vacancy, illness or temporary absence of the Minister). It is vital, however, that all charges within the Presbytery be visited within the quinquennium.

Annual Inspection of Church Records

79. The Presbytery shall for this purpose be divided into groups termed "Attestation Areas".

80. The Board of Superintendence shall appoint Conveners for the purpose of ensuring that congregational records are adequately inspected, and attested as being in order.

81. At the February meeting of Presbytery each Convener shall give notice of the arrangements for Attestation of Records within his area.

82. The Conveners shall report on the Attestation of Records to the Board of Superintendence in time for a report thereon to be made to the May meeting of Presbytery.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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