Introduction
The Church Courts Act (Act VI) 2023 is the first attempt in two decades to bring together in a comprehensive, accessible and useful way legal provisions surrounding the functions and operation of Kirk Session, Presbytery and the General Assembly.
Its provisions are specific to each of the three courts: Kirk Sessions, Presbyteries and the General Assembly; there is an interpretation part, too, and some specific purposes are also covered.
Each part is set out with similar main sections. Where similar rights or obligations apply to different courts, similar wording is (as far as possible) used.
The Act largely restates the law but adds descriptions of largely current practice not presently included in legislation.
Phrases which are less widely known outside legal circles, and many Latin phrases, are omitted. The Act is intended to be user-friendly and practically useful.
Kirk Session
The functions of a Kirk Session ought to support the development of the Broad Principle. It is insufficient for a Kirk Session to rest easy if it only carries out its Functions and Responsibilities. The task of a Moderator includes ensuring the slightly less concrete Broad Principle is foregrounded in Kirk Session thinking and activity.
The Session determines when public worship takes place, unless this is provided for in a Basis of Adjustment. Generally, worship is offered in each regularly open place of worship once per week, though the day and time are determined locally and, in rural linked charges, a less frequent pattern may be observed.
Pastoral and spiritual care is to be provided to those of all ages and situations and not simply those who are ill or senior in years.
A congregation must have a Session Clerk, a Safeguarding Coordinator and a Treasurer (who cannot be the Minister).
The Session has a joint responsibility with the Minister in determining baptismal policy, to conform with the Sacraments Act (Act V) 2000.
The Session has an overall supervisory responsibility to members and organisations in the congregation.
Policies on conflicts of interest and anti-bribery processes ought to be in place, and others may be present.
A Kirk Session may delegate its authority to a sub-group or, occasionally, an individual but only on the terms set out in the Act.
Meetings are generally public, convened by the Moderator and with two Sundays notice. Minutes should be produced and distributed promptly after the meeting, and presented (but not only then) at the subsequent meeting. It is good practice to highlight to them particular tasks undertaken by individuals and groups.
Meetings may be in person, online or a mixture of the two (‘hybrid’) provided the requirements for participation are met. Congregational meetings may be held only in person, though this may change in late 2023.
Anyone may, with permission, address a Kirk Session but only Elders have a right to be heard.
A quorum is the Moderator plus two Elders.
Ruling Elders are charity trustees, as are members of a Financial Board.
Non-elders may be involved in Session business (though not decision making) if appointed Correspondents.
There are provisions for removing Elders who have not attended meetings or who become unable to discharge their duties as Elders.
There is no requirement for every Elder to have an Elder’s district, though this is still common practice.
Presbytery
Presbytery’s various functions and responsibilities enable the broad principle to be fulfilled.
Delegation is possible, on terms similar to Kirk Sessions. An individual or group to whom powers are delegated may elect not to use them, in which case the matter returns to the delegating body.
There are two types of meetings: Ordinary meetings and those for Specific Purposes.
Meetings may be in person, online, or hybrid though, for the latter two, the Moderator has responsibility for ensuring those ‘attending’ can participate fully in debate and voting.
Meetings are public and anyone, with permission, may address Presbytery.
A quorum is three, with at least one Minister and one Elder; one of those present may be elected Moderator for the purposes of that meeting.
Only Ministers, Elders and Deacons may be members of Presbytery.
Correspondents receive papers and have a right to speak but not to vote.
General Assembly
The functions of the General Assembly are somewhat shorter than those of Kirk Sessions or Presbyteries. The equivalent of the Broad Principle for Kirk Sessions and Presbyteries is included within the outlined functions.
Some or all of the General Assembly may be held online; meetings have historically been in person and hybrid meetings are also permitted.
The quorum of the Assembly is 31 with at least sixteen of these being Ministers.
Commissioners to the Assembly are selected on a rota basis totalling about one-fifth of serving Ministers with an equal number of Elders.
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