St. Oswald's Scottish Episcopal Church, Glasgow
GLASGOW,
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Constitution

THE CHURCH OF ST OSWALD’S KINGS PARK

1.Charge

The Charge shall be an Incumbency (or independent Mission) known by the name of St Oswald’s Kings Park situated at 260 Castlemilk Road, Glasgow G44 4LD, in the Diocese of Glasgow and Galloway of the Scottish Episcopal Church (hereinafter referred to as the Scottish Church).

2.Authority and Limitation of Constitution

The Charge shall form part of the Scottish Church, and the Clergy, Congregation and all Officials thereof shall be subject to the canons of that Church in force from time to time.

3.Trustees

The heritable property of the charge shall be vested in the Trustees of the Diocese, in trust for the Charge. Save as hereinafter provided in Article 25 hereof, the Trustees shall be under no duty to take any active part in the management of the property vested in them, and shall have no personal responsibility in regard thereto, but may rely upon proper management thereof by the Vestry, and the Trustees shall be indemnified out of the Funds of the Charge against liability undertaken or incurred by them.

4.Relation of the Congregation to the General Synod

The Rector or Priest-in-Charge and congregation shall conform to the rules of the General Synod, and in particular to the rules with reference to the election of Lay Representatives and the collection of funds for the Synod, or such other body, which may at any time be substituted by canonical enactment therefor.

5.Constituent Members

The Constituent Members of the Congregation shall be the Communicants of not less than 18 years of age whose names are on the Roll of Communicants of the Congregation, kept as provided for in the Code of Canons (Canon 41).

6.Annual Meeting

Once in every year, within three months after 30th September, a Meeting of the Constituent members of the congregation shall be summoned by the Vestry and notice thereof shall be given during Divine Service on the two Sundays immediately preceding such Meeting: the Meeting may be held on the Sunday on which the notice has been given for the second time. The Rector or Priest-in-Charge, if present, shall preside, but in his or her absence, or during a vacancy in the Charge, the Meeting shall elect its own Chairman, fifteen Constituent Members shall be a quorum. The Chairman shall vote only in the case of an equality of votes.

7.Business at Annual Meeting

It shall be the duty of the Constituent Members of the Congregation at the Annual Meeting (a) to elect from among the Constituent Members, the required number of persons within the limits hereinafter specified to act as members of Vestry: (b) to elect, if not appointed at a special meeting called for the purpose, the Lay Representative and Alternate Lay Representative: (c) to appoint a suitably qualified Independent Examiner to examine the accounts of the Vestry: (d) to receive the Report and Accounts of the Vestry and the Reports of the Lay Representative: and (e) to deal with any other competent business.

8.Special Meetings

Special Meetings of the Constituent Members of the Congregation may be called at any time by the Rector or Priest-in-Charge or at the request of either a majority of the Vestry or not less than fifteen Constituent Members, given in writing addressed to the Rector or Priest-in-Charge or during a vacancy in the charge, to the Secretary of the Vestry. The same notice of Special Meetings shall be given as in the case of Annual Meetings. The notice shall specify the purpose for which the Special Meeting is to be held.


9.Variation of Periods of Notice of Meetings

Notwithstanding Article 23 hereof, the Bishop may, at the request of the Vestry, and if he is satisfied that special circumstances have arisen, authorise the holding of the Annual Meeting outwith the time specified in Article 6 and the giving of shorter notice of meetings than that specified in Articles 6, 8 and 23.

10.Seats in Church

Seats in church provided for the worshippers, shall be free and unappropriated.

11.Vestry

The temporal affairs of the Congregation shall be under the management of a Vestry consisting of the Rector or Priest-in-Charge ex officio, the Lay Representative ex officio, the Church Wardens ex officio, the Treasurer ex officio, the Secretary ex officio, and not more than six or fewer than four Constituent Members, five to be a quorum. Any lay person in regular paid employment of the charge shall be ineligible for membership of the Vestry. The Vestry shall meet at least six times a year, and the Chairman, who shall have a casting as well as a deliberate vote, shall be the Rector or Priest-in-Charge, or in the case of his or her absence, a member elected by the Vestry. Special meetings of the Vestry may be called at any time at the request of three members given in writing to the Secretary of the Vestry or at the request of the Rector, or Priest-in-Charge.
The elected members of the Vestry shall serve for three years, and shall not be eligible for re-election in the year they retire. Casual vacancies in Vestry membership (or in the office of People’s Warden) occurring between Annual Meetings of the Congregation may be filled by the vestry until the next Annual Meeting of the Congregation. All members of the Vestry shall be selected from the constituent members of the Congregation. A casual vacancy in the office of Rector’s or Priest’s Warden shall be filled on the nomination of the Rector or Priest-in-Charge.

12.Duties of Vestry

The Vestry shall have charge of the fabric and property of the church, and of any Rectory (or Parsonage), schools, halls or other property which may be acquired in connection with the Charge, as well as all gifts and bequests for endowment, charity, or other purposes which may accrue to the Church from time to time. They shall be bound to keep the buildings and properties in repair and insured against fire and other risks, and to discharge the feu-duties and all other burdens, and to assist the Rector or Priest-in-Charge in the safe custody of the church plate, registers and other documents. The Vestry shall be responsible for keeping the Rectory (or Parsonage) wind and water tight, and in proper sanitary condition, the Rector or Priest-in-Charge being responsible to the Vestry for ordinary internal repairs - unless otherwise arranged between the Rector or Priest-in-Charge and the Vestry. (The matter of travelling expenses, and telephone charges may be the subject of a special arrangement between the Rector or Priest-in-Charge and the Vestry) The Vestry shall ensure that the needs of the whole Church in regard to Mission work at home and overseas and the other objects of the General Synod may receive the interest and support of the Congregation. The Vestry shall generally assist the Rector or Priest-in-Charge (subject always to his or her Canonical rights and duties) in every way in their power in all matters affecting the spiritual welfare of the Congregation. (The Churchwardens shall keep order in Church, supervise the seating of the worshippers and the collection of alms, scrutinise the state of repairs of Church buildings and furnishings and report to the Vestry on any of the above matters which may require attention). The funds of the Charge so far as not used for the acquisition of property to be used as a Rectory or Parsonage or otherwise in connection with the Charge, shall be invested in securities authorised by the Law of Scotland for the investment of Trust Funds, or in the Unit Trust Pool or other investment schemes administered or approved by the Scottish Church or deposited with the General Synod in the Unit Trust Pool or with a bank or building society but this restriction shall not apply to properties and investments given or bequeathed to the Charge with wider powers of investment laid down. Notwithstanding the foregoing provisions the Vestry may invest funds, excepting those so bequeathed that they are to be subject to the foresaid restrictions in other securities, including Ordinary Shares or Stock , provided there is no uncalled liability thereon, upon the advice of a reputable Stockbroker. Investments held by the vestry may be registered in the names of such members or officials of the vestry or otherwise (including Bank Nominees or "The Scottish Episcopal Church Trustees Nominees" on behalf of the vestry) all as such vestry shall from time to time determine. The vestry may alter such investments held by them from time to time as is thought expedient upon advice and with consent as aforesaid.

13.Office Bearers to be Appointed by the Vestry

The Vestry shall appoint a Secretary and a Treasurer who need not be members of the Vestry. The offices of Secretary and Treasurer may be combined. It shall be the duty of the Secretary (a) to prepare and keep minutes of the proceedings of the Vestry and of the Meetings of the Constituent Members of the Congregation; (b) to exhibit same when called upon to any member of the Vestry; (c) to issue notices of Meetings; (d) to conduct necessary correspondence, and generally; (e) to conform to instructions received from the Vestry; It shall be the duty of the Treasurer (a) to prepare and keep the Accounts of the Congregation; (b) to prepare Annual Accounts, and submit them to a suitably qualified Independent Examiner for approval or as directed by the Scottish Episcopal Church, said Independent Examiner to be appointed by the congregation (c) to lodge in the bank in an Account to be opened in name of the Vestry for that purpose, all monies received by him or her on behalf of the Congregation; (d) to prepare and submit on an annual basis, a budget for the forthcoming year; (e) to exhibit when called upon, his or her books of Account to any member of Vestry, and generally: (f) to conform to instructions received from the Vestry.


14.Annual Report of the Vestry

The Vestry shall, at the Annual Meeting of the Congregation, present a written report upon their transactions during the preceding year, including the Congregational Accounts under their charge examined and certified by an Independent Examiner. Copies of the Report and Accounts shall be made available to the Congregation before, at, or after the Annual Meeting.


15.Appointment of Rector or Priest-in-Charge

The appointment of the Rector or Priest-in-Charge shall rest with the Bishop and Vestry, with a Committee to be appointed when a vacancy occurs. This Committee shall comprise not more than six (but not less than three) members of the Vestry, elected by the Vestry, and an equal number of Constituent Members (not members of the Vestry) of the Congregation elected by the Congregation at a specially convened meeting. This Committee shall consult with the Bishop of the Diocese. Upon presentation to the Bishop of a duly qualified person, and the Bishop’s acceptance of said person, he or she shall be instituted as soon as possible. The person appointed shall enjoy as Rector, or Priest-in-Charge, all rights secured to him or her by this Constitution as from the date of his or her institution (or collation).



16.Stipend of Rector or Priest-in-Charge

The stipend of the Rector or Priest-in-Charge shall be of such amount, and be provided in such manner, as may be agreed between him or her and the Vestry to the satisfaction of the Bishop, at the rate of the sum approved by the General Synod as the Minimum Stipend for the time being after taking into account the sums receivable from grants made by the General Synod. The stipend shall be payable by equal monthly installments on the receipt of the Rector or Priest-in-Charge alone, be strictly alimentary, and not be arrestable for debt or assignable. No person shall, by reason only of his or her being a member of the Vestry, be deemed responsible personally for payment of stipend.


17.Rectory or Parsonage

Where a Rectory or Parsonage has been erected or acquired for the charge, it shall be for the use and benefit of the Rector or Priest-in-Charge, and he or she shall not let it, nor any part of it, without the consent of the Bishop and the Vestry. In the event of the death of the Rector or Priest-in-Charge his or her widow or widower and/or children shall have the use of the Rectory or Parsonage for three months thereafter.

18.Appointment and Stipend of Assistant Clergy

The Rector shall have the appointment of any Assistant Curate or Curates whom the Bishop may license for the work of the charge subject always to the approval of the vestry. The Stipends of Assistant Curates shall be such as are agreed upon by the Rector and Vestry, but shall be of an amount not less than the scale approved by the General Synod for the time being.

19.Appointment to other Offices

The Vestry may, with the concurrence of the Rector or Priest-in-Charge, appoint suitable persons as Organist, Choirmaster, Verger etc. In the case of such officials the Rector or Priest-in-Charge shall have sole right to require their dismissal, subject to an appeal to the Bishop by the Vestry should the latter disapprove.

20.Resignation of Rector

If the Rector or Priest-in-Charge shall desire to resign his or her Charge, he or she must give at least three months notice of such intention in writing to the Vestry and to the Bishop. During the interval he or she shall be responsible for all duties, except with the sanction of the Bishop.

21.Enforced Demission of Incumbency

The Incumbency shall become vacant, and the Patrons shall proceed to a new appointment as if the vacancy had occurred by resignation, taking immediate effect, in any of the following events, viz;

(1) If the Rector shall renounce or forsake communion with the Scottish Church.


(2) If he or she shall be canonically deposed.


(3) If he or she is the subject of canonical suspension for a definite period of time, and the Vestry
resolve in respect thereof that it is expedient that the Incumbency become vacant, and the Bishop approves in writing.


(4) If the Incumbency is declared to be vacant under the provisions of Canon 13, Articles 10 and 12 of
the Code of Canons; (a) because of the physical or mental incapacity of the Rector and/or; (b) because of his or her having absented himself or herself without providing for the adequate performance of the ordinary services.

22.Arrangements During a Vacancy

Whenever the Incumbency shall have become vacant, the vestry shall apply to the Bishop to provide, or to sanction their providing, a duly qualified person or persons to supply the usual services in the interval, if any, before a new Rector or Priest-in-Charge is Instituted for which services the vestry shall be financially responsible. The Vestry shall take charge of all Congregational records during a vacancy.

23.Alterations in Constitution

No alteration shall be made in this Constitution as regards Article 2 hereof, which is fundamental. As regards the other Articles hereof, alterations may be made by a Resolution passed at a special meeting of the Constituent Members of the Congregation by a majority of two-thirds of those present and voting, confirmed at a special meeting held not sooner than one, and no later than three calendar months thereafter, by a simple majority of those present and voting, and afterwards assented to in writing by the Bishop. The notice calling such meetings shall specify their purpose and shall state where a copy of the suggested alterations may be inspected.

24.Possible Suspension of this Constitution

If at any time it shall happen that the Charge shall become so reduced in numbers or in financial resources that the Constitution of the Church can no longer be kept in operation nor provision made for the maintenance of a Rector this Constitution may be suspended, in accordance with the provision laid down for such an eventuality in the Code of Canons (Canon 36 Article 2.).

25.Possible Extinction of Charge

If it shall be decided by the Bishop in Synod with the concurrence of the Diocesan Synod, that it is impracticable to maintain the services of the Charge, all the rights and duties of the Vestry as guardians of the property and funds shall devolve upon the Trustees as previously appointed in Article 3 hereof, a majority of whom subject always to the veto of the Bishop, shall form a quorum for transacting any necessary business, and all such properties and funds as may be disposable shall be disposed of or utilised as by the Bishop with the concurrence of the Diocesan Synod, may from time to time determine. In the event of an emergency, or pending the summoning of the Diocesan Synod, the Bishop in consultation with the Trustees will take such steps as may seem to him to be necessary and right.

26.Custody and Registration

This Constitution shall be authenticated in duplicate and one part shall be lodged with the Diocesan Registrar, the other part being retained by the Vestry. A copy shall be engrossed in the minute book and a docquet shall be signed therein by the Rector or Priest-in-Charge and Assistant Clergy upon entering office, declaring his or her willingness to abide thereby. Any Constituent Member may obtain a copy on payment of the cost thereof to the Treasurer. Titles or other original documents referring to the property and assets of the Church shall be lodged with the Diocesan Registrar, and an inventory of them engrossed in the Minute Book for convenience of reference.

27.Reference

In the event of any difference arising among the Rector or Priest-in-Charge, Assistant Clergy, Vestry or Constituent Members of the Congregation or any of them with regard to the interpretation of this Constitution or the rights or obligations of parties hereunder or otherwise relating hereto, the same shall be referred to the Bishop of the Diocese for his decision, whose award or awards, interim or final, shall, subject to a right of appeal to the Episcopal Synod, be final and binding.










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