INTRODUCTION
The General Assembly met in Edinburgh from 19 to 25 May, with the Rt Revd Colin Sinclair BA BD, minister of Palmerston Place in the Presbytery of Edinburgh, installed as Moderator. Last year's Lord High Commissioner to the General Assembly, Richard Scott, the Duke of Buccleuch and Queensberry, was reappointed by HM The Queen.
Three new Acts of Assembly were passed: Act 1, Discipline Act; Act 5, Transfer between Ministries Act; and Act 6, Income Protection and Ill Health Act. One Regulation was passed: Regulation 1: Growth Fund (a new fund established for missional projects). A few legal highlights are also included.
LEGAL QUESTIONS COMMITTEE
Various discussions took place regarding the shape and membership of church courts. As part of the Radical Action Plan, there are plans to reduce the number of presbyteries. This has started to be enacted by the union of the presbyteries of Aberdeen and Shetland prior to the General Assembly.
The Church law textbook, The Constitution and Laws of the Church of Scotland, edited by James L Weatherhead, was published in 1997 and work has been ongoing to create a second edition. This followed on from the earlier volume Practice and Procedure of the Church of Scotland by James T Cox, the sixth and last edition of which was published in 1976.
Significantly, the Election and Admission of Elders and Deacons Act (Act X 1932) was amended as follows:
Notwithstanding the fact that an elder is ordained for life, a Kirk Session may determine, in advance, that the admission of any particular elder to membership of the Kirk Session should be for a prescribed fixed term period. Such fixed term membership may subsequently be extended by agreement of the Kirk Session and with the concurrence of the individual elder concerned. In the absence of such agreed extension, on the expiry of the fixed term period any such elder shall cease to be a member of the Kirk Session, but shall remain eligible for readmission, if so invited by the Kirk Session, at a future date.
The committee intends to bring proposals for the solemnisation of same-sex marriage to next year's General Assembly.
COUNCIL OF ASSEMBLY
The Council of Assembly had proposals to restructure the Church, which involved the establishment of around 12 regional presbytery structures in Scotland by the General Assembly of 2024 or sooner (currently there are more than 35); the preparation of draft legislation for the General Assembly of 2020 to enable the establishment of networks, hubs and other additional forms of local church; a review of the size and responsibilities of Kirk Sessions; and co-operation with other denominations in the provision of territorial ministry in accordance with section 3 of Act V, 2010 – pertaining to the Third Article Declaratory.
MINISTRIES COUNCIL
The council, jointly with the Legal Questions Committee and in consultation with the International Presbytery, was remitted to consider whether to bring forward proposals for a scheme for charges in the International Presbytery (Church congregations in Europe and outwith the United Kingdom) to introduce a minister who is not a minister of the Church of Scotland, or otherwise falling within the provisions of section 18 of Act VIII 2003 (as amended), to a charge in the International Presbytery on his or her being granted by the Council a Restricted Certificate of Eligibility covering only charges in the International Presbytery.
An update was given on the implementation of the Registration of Ministries Act – Act II (2017), noting that it has been a long process, including Conduct and Practice guidelines.
Stipends were increased by 2 per cent across the five bands, with the Council of Assembly wishing to depart from linking the annual increase to the rate of inflation. The council now intends to review all allowances and expenses over the course of 2019 and report back to the General Assembly of 2020. Reports will be received at future assemblies on manse provision and whether ministers can be allowed to live in their own properties. Discussion is taking place regarding whether ordained local ministers (non-stipendiary ministers) should be remunerated.
CHURCH AND SOCIETY COUNCIL
The council was defeated in a proposed deliverance that the Church cease investments in the oil and gas industry. Commissioners voted 303 to 263 to defeat a motion which urged the Investors Trust to divest from oil and gas companies by the end of 2020. The Church holds shares in BP, Shell and Total.
The Assembly affirmed the deliverances of the council on the current relationship with the European Union (EU) and called on the UK and Scottish governments to guarantee that the impact of the UK departing from the EU will not increase financial inequality in the UK, commended the Scottish Government for the support and welcome it continues to show to citizens of other EU nations who are resident in Scotland and called on the UK Government to retain the right of freedom of movement and residence for persons in the EU.
The Church also welcomed the devolution of social security benefits to the Scottish Government.
GENERAL TRUSTEES
The General Trustees continued to encourage congregations to take full advantage of their properties and to ensure that they are used efficiently; examples were given of creative use of congregational estates. The trustees also proposed a deliverance to
encourage the Trustees and the Council of Assembly to have discussions with OSCR [the Office of the Scottish Charity Registrar] so that Central Fabric Fund loans are excluded from Congregational accounts as an Income Resource in line with the treatment adopted by the Charity Commissions for England & Wales and for Northern Ireland.
This would effectively help to highlight the fact that congregations receiving large loans for building works would not be indulging in ‘false accounting’.
It was noted that the value of heritable properties held in the name of congregational charities by the General Trustees are valued at £515 million. This does not include property owned locally and held by congregational trustees.
SOCIAL CARE COUNCIL/CROSSREACH
The council (formerly the Church of Scotland Board of Social Responsibility) has celebrated 150 years of social care being formally undertaken by the Church. Concern has been expressed about how to reduce the £10 million pension deficit. Progress was reported on achieving Scottish Social Services Council requirements and for staff having appropriate qualifications.
The council has a pension fund deficit of £10.3 million and steps are being taken to reduce this. Structural steps are also being taken to reduce the running deficit of Crossreach; last year it was about £900,000.
JOINT REPORT ON SACRAMENTAL MINISTRY
In the context of different patterns of new expressions of Church and the shortage of ordained ministers, as well as reviewing the theology of ministry and sacraments, an exploratory report was received from the Panel on Review and Reform, the Theological Forum, the Ecumenical Relations Committee and the Legal Questions Committee on considering different options in these areas. Along with the Theological Commission being tasked last year with reviewing the place of the Westminster Confession of Faith as the Church's principal subordinate standard, this report highlights the significant change and review that has taken place within the Church in recent years.
