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more background, TL;DR
author Henry S. Thompson <ht@inf.ed.ac.uk>
date Thu, 28 Mar 2024 11:07:08 +0000
parents 97ced423ec4c
children e27a2f4513a0
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Henry S. Thompson <ht@inf.ed.ac.uk>
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1 I have struggled at the last two threshing meetings about the proposed
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2 governing document for Quakers in Scotland (QiS) to adequately convey
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3 my concerns. This document attempts to do better, not only with
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4 respect to what I think is wrong, but also by suggesting how it could
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5 be fixed.
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6
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7 It's not short, and there's an even longer appendix of background
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8 detail, so here's the punchline:
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9
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10 SESAM Trustees should advise SESAM that SESAM _should not_ agree to
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11 joining QiS without substantial changes to the governing document,
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12 distinguishing between the charity and the church and making their
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Henry S. Thompson <ht@inf.ed.ac.uk>
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13 relationship explicit, following the model of the governing document
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Henry S. Thompson <ht@inf.ed.ac.uk>
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14 for Britain Yearly Meeting (the charity).
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15
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16
772de13b9cb9 more background, TL;DR
Henry S. Thompson <ht@inf.ed.ac.uk>
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17 Some extensive background, which has informed my thinking. Thanks to
772de13b9cb9 more background, TL;DR
Henry S. Thompson <ht@inf.ed.ac.uk>
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18 Jackie Noltingk, Erica Thomas and Lesley Richards for helpful answers
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19 to my questions.
340
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20
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21 The General Meeting for Scotland (GM) mailing list were told
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Henry S. Thompson <ht@inf.ed.ac.uk>
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22 (2023-11-17), in regard to
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Henry S. Thompson <ht@inf.ed.ac.uk>
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23
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Henry S. Thompson <ht@inf.ed.ac.uk>
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24 "(1) The possibility of merging our existing 6 charities into a
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Henry S. Thompson <ht@inf.ed.ac.uk>
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25 single body, Quakers in Scotland.
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26
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Henry S. Thompson <ht@inf.ed.ac.uk>
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27 "(2) How we might organise all our concerns and worship more
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Henry S. Thompson <ht@inf.ed.ac.uk>
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28 effectively as a single charity."
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29
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Henry S. Thompson <ht@inf.ed.ac.uk>
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30 that
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31
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32 "The first step for (1) is to agree a governing document to replace
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Henry S. Thompson <ht@inf.ed.ac.uk>
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33 the six comparable documents that apply to our existing charities."
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34
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Henry S. Thompson <ht@inf.ed.ac.uk>
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35 and
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36
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37 "Friends will hear more requests soon to join in important
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Henry S. Thompson <ht@inf.ed.ac.uk>
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38 discussions relating to (2)."
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39
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Henry S. Thompson <ht@inf.ed.ac.uk>
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40 I've searched my inbox without success for any request to "join in
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Henry S. Thompson <ht@inf.ed.ac.uk>
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41 important discussions relating to (2)" until, possibly, the invitation
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Henry S. Thompson <ht@inf.ed.ac.uk>
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42 from QiS-CG (2024-03-11) to two "information and discussion sessions
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43 on progress with work towards having a single body and charity for
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44 Quakers in Scotland".
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45
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Henry S. Thompson <ht@inf.ed.ac.uk>
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46 However the cover letter from QiS (2024-01-06) sent to SESAM Trustees
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Henry S. Thompson <ht@inf.ed.ac.uk>
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47 says
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48
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Henry S. Thompson <ht@inf.ed.ac.uk>
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49 "The Options for Scotland group [proposes] that we form a single
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Henry S. Thompson <ht@inf.ed.ac.uk>
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50 charity and that we form a single body. The idea of a single body
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Henry S. Thompson <ht@inf.ed.ac.uk>
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51 clearly needs more work to discern what this might look like. It
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Henry S. Thompson <ht@inf.ed.ac.uk>
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52 will take time. That idea is not part of what we are asking you
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Henry S. Thompson <ht@inf.ed.ac.uk>
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53 about here."
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54
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55 In fact the document laid before us in the special Area Meeting on
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Henry S. Thompson <ht@inf.ed.ac.uk>
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56 15 January (Draft of 2023 12 29c.docx) had a lot to say about the
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57 body. Or did it? As I read it at the time it did't clearly
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Henry S. Thompson <ht@inf.ed.ac.uk>
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58 distinguish between the charity and the body, using the phrase
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59 "Quakers in Scotland" in what I found to be confusing ways.
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60
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Henry S. Thompson <ht@inf.ed.ac.uk>
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61 A new draft (Draft of 2024 03 21.docx) has just been made available,
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62 with only modest changes from the earlier draft. I'll take it as
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Henry S. Thompson <ht@inf.ed.ac.uk>
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63 definitive with respect to what we will have before us on 6 April.
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Henry S. Thompson <ht@inf.ed.ac.uk>
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64 It hasn't changed much, if anything, of what I've found that makes me
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65 uneasy about agreeing to adopt it.
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66
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Henry S. Thompson <ht@inf.ed.ac.uk>
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67 More background: What do we already have as models for how charities
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68 and their trustees work. I'm reasonably familiar with two examples,
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69 which guide my thinking in this matter.
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70
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71 1. The Religious Society of Friends (Quakers) in Britain, and Britain
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72 Yearly Meeting of the Religious Society of Friends (Quakers),
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73 Charity number: 1127633
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74
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75 The governing document for the latter charity
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76 (https://www.quaker.org.uk/documents/bym-governing-document-revised-min34-bym2014)
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Henry S. Thompson <ht@inf.ed.ac.uk>
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77 begins with the following definitions:
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78
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Henry S. Thompson <ht@inf.ed.ac.uk>
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79 *Definitions*
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80
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81 a. The Religious Society of Friends (Quakers) in Britain refers to
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82 the church in England, Scotland, Wales, the Channel Islands and
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Henry S. Thompson <ht@inf.ed.ac.uk>
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83 the Isle of Man, including all its local meetings for worship and
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Henry S. Thompson <ht@inf.ed.ac.uk>
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84 its constituent meetings for church affairs as well as all their
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85 work [referred to below as *the Society*].
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86
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87 b. Britain Yearly Meeting of the Religious Society of Friends
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88 (Quakers) [*Britain Yearly Meeting*] refers to the centrally held
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89 and managed policy, property, employment and work of the charity
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Henry S. Thompson <ht@inf.ed.ac.uk>
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90 constituted by this document.
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91
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92 c. Yearly Meeting in session [*Yearly Meeting*] refers to the annual
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93 assembly that is open to all members of the Society.
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94
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95 d. Area Meetings are the main local meetings for church affairs and
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96 these are the level of the Society at which individual membership
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97 is held. Each Area Meeting is a separate charitable entity and
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98 may be registered as such with the Charity Commission.
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99
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100 e. _Quaker faith & practice_ is the current edition of the Book of
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Henry S. Thompson <ht@inf.ed.ac.uk>
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101 Christian discipline of the Religious Society of Friends
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102 (Quakers) in Britain
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103
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104 f. Meeting for Sufferings is the standing representative body of the Society.
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105
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106 g. The term Friend refers to a member of the Society.
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107
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108 * Highlighting added
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109
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Henry S. Thompson <ht@inf.ed.ac.uk>
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110 Note that there are two clearly distinguished entities, "the church"
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111 and "the charity". The charity is governed by the above referenced
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112 governing document, the church by the Red Book.
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113
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114 Subsequent articles make clear that the Society, embodied in Yearly
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115 Meeting in session and Meeting for Sufferings, is responsible for
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116 amending the governing document, appointing Britain Yearly Meeting
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117 trustees, approving their terms of reference and appointing their
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118 clerks, among them the BYM Treasurer.
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119
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120 2. Area meetings in Scotland governing documents
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121
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122 * North of Scotland Quaker Trust is evidently distinct from NSAM, but
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123 I haven't found a governing document.
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124
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125 * The governing document for the Religious Society of Friends
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126 (Quakers) [in Britain] East Scotland Area Meeting (abbreviated as
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127 East Scotland Area Meeting) is based on the template provided by
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128 Quaker Life
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129 (https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final).
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130 The template does not make any overt distinction between the church
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131 and the charity, to my embarassment. However the phrases "(East
340
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132 Scotland) Area Meeting in session" clearly refer to the church, and
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133 in "3. Object The object of East Scotland Area Meeting" it is
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134 evidently the charity.
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135
342
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136 This sentence, taken unchanged from the template, is of note: "If
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137 at a meeting of East Scotland Area Meeting the members decide that
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138 it is necessary or advisable to dissolve the Area Meeting or to
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139 amalgamate with another Area Meeting _and this is agreed by Meeting
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140 for Sufferings_, the trustees shall have the power to realise any
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141 assets held by or on behalf of the Area Meeting. Any assets
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142 remaining after the satisfaction of any proper debts and
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143 liabilities shall, _with the agreement of Meeting for Sufferings_, be
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144 given or transferred to another Area Meeting, to Britain Yearly
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145 Meeting, or to some other charitable institution or institutions
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146 having objects similar to that of the area meeting and failing that
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147 for such other charitable purpose as Britain Yearly Meeting shall
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148 direct." [Emphasis added]
340
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parents:
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149
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150 * The governing document for the Religious Society of Friends
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parents:
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151 (Quakers) in Britain: South East Scotland Area Meeting [referred to
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parents:
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152 below as South East Scotland Area Meeting or the area meeting and
342
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153 formerly known as South East Scotland Monthly Meeting] likewise is
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154 based on the Quaker Life template. "Subject to the matters set out
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155 below the resources of the area meeting shall be administered in
340
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156 accordance with this governing document by the trustees..." is
aa9bb951af40 getting started on input to QiS-CG
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parents:
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157 clearly talking about the charity, whereas "Amendments to this
aa9bb951af40 getting started on input to QiS-CG
Henry S. Thompson <ht@inf.ed.ac.uk>
parents:
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158 governing document shall be agreed by South East Scotland Area
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parents:
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159 Meeting in session and recorded by minute of the area meeting."
342
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diff changeset
160 it's the church. The dissolution clause is again taken from the
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diff changeset
161 template, with the addition of GM for Scotland to the allowed
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parents: 340
diff changeset
162 dispositions.
340
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parents:
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163
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Henry S. Thompson <ht@inf.ed.ac.uk>
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164 * I can't find a governing document for whatever charity is
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Henry S. Thompson <ht@inf.ed.ac.uk>
parents:
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165 associated with West of Scotland
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parents:
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166
342
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167 * Dundee Friends Property Trust was governed by a 130-odd-year-old deed
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168 of trust, now superseded in 2009 by a governing document, which I
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169 can't find online. From the 2020 Annual Report:
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diff changeset
170
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171 "New trustees are appointed by the remaining trustees, who are
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172 bound to select individuals in sympathy with the conditions of
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173 the original Trust Deed and who shall, if possible, be
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diff changeset
174 representative of Dundee Local Meeting. The majority of Trustees
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parents: 340
diff changeset
175 shall be drawn from Dundee Local Meeting."
340
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parents:
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176
aa9bb951af40 getting started on input to QiS-CG
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parents:
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177 * General Meeting for Scotland
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178
342
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179 * The Religious Society of Friends (Quakers) in Wales and the Marches
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parents: 340
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180 - Cymdeithas Grefyddol y Cyfeillion (Crynwyr) yng Nghymru a’r
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parents: 340
diff changeset
181 Gororau [know as Cynar] is a Charitable Incorporated Organisation
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parents: 340
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182 (CIO, comparable to an SCIO). Its constitution (Linked from
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parents: 340
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183 https://www.symudymlaen2.org/) says that the members of the CIO are
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parents: 340
diff changeset
184 "all members of the Constituent Area Meetings". The constitution
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parents: 340
diff changeset
185 describes "General meetings of the members of the CIO", and
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diff changeset
186 mandates at least an Annual General Meeting. The clerks of the
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diff changeset
187 Constituent Bodies (the AMs and CCQW) constitute the "clerking
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parents: 340
diff changeset
188 team" who set the agenda for GMs and provide a clerk for each of
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parents: 340
diff changeset
189 them from among their number. At least two members from each
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parents: 340
diff changeset
190 Constituent Body must be present for a GM to be quorate. The
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parents: 340
diff changeset
191 Convenors of the NomComms of the COnstituent bodies constitute a
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parents: 340
diff changeset
192 NomComm for the CIO, and prepare nominations for the trustees and
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parents: 340
diff changeset
193 the Treasurer. There must be at least one trustee from each
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parents: 340
diff changeset
194 Constituent Body.
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parents: 340
diff changeset
195
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parents: 340
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196 I'm told that "AM trustees will cease to exist, Cymar trustees will
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parents: 340
diff changeset
197 fulfil the role of AM trustees, but for all 4 AMs and CCQW, so once
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parents: 340
diff changeset
198 the assets have been handed over, bank accounts closed down and
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parents: 340
diff changeset
199 final report and accounts prepared, then they can be released by
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parents: 340
diff changeset
200 their respective AMs and leave the rest to [Cymar] to deal with."
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parents: 340
diff changeset
201
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parents: 340
diff changeset
202 It's not clear to me how this accords with QF&P 4.02
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parents: 340
diff changeset
203 (https://qfp.quaker.org.uk/passage/4-02/) which says "Each area
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parents: 340
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204 meeting is a separate charitable entity and it may be required to
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parents: 340
diff changeset
205 be registered as such with the relevant charity regulator. Area
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parents: 340
diff changeset
206 meetings which are registered or preparing for registration will
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parents: 340
diff changeset
207 operate under a formal governing document, which amongst other
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parents: 340
diff changeset
208 matters should set out the arrangements for trusteeship."
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parents: 340
diff changeset
209
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diff changeset
210
344
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parents: 342
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211 Prison Chaplains
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parents: 342
diff changeset
212
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parents: 342
diff changeset
213 QF&P (13.54) gives area meetings responsibility for appointing prison
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parents: 342
diff changeset
214 chaplains and "General Meeting for Scotland is responsible for
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parents: 342
diff changeset
215 providing [their names] to the governors of all prison establishments
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parents: 342
diff changeset
216 in the area meeting area".
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parents: 342
diff changeset
217
340
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parents:
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218 Registering officers
344
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parents: 342
diff changeset
219
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parents: 342
diff changeset
220 A similar story, without the involvement of GM, obtains for
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parents: 342
diff changeset
221 registering officers. "Each area meeting shall appoint a suitable
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parents: 342
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222 Friend as registering officer ... the area meeting ... shall report
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parents: 342
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223 [the appointment] to the Recording Clerk without delay, by minute
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parents: 342
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224 signed by the clerk ... The Recording Clerk is required to certify all
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Henry S. Thompson <ht@inf.ed.ac.uk>
parents: 342
diff changeset
225 such appointments ... in Scotland, to the Registrar General for
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Henry S. Thompson <ht@inf.ed.ac.uk>
parents: 342
diff changeset
226 Scotland"; "The registering officer, acting on behalf of the area
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Henry S. Thompson <ht@inf.ed.ac.uk>
parents: 342
diff changeset
227 meeting, ..." (QF&P 16.22,23)
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parents: 342
diff changeset
228