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annotate QiS/What_are_QiS.txt @ 346:e27a2f4513a0
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author | Henry S. Thompson <ht@inf.ed.ac.uk> |
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date | Thu, 28 Mar 2024 13:45:41 +0000 |
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344 | 1 I have struggled at the last two threshing meetings about the proposed |
346 | 2 governing document (the version of 2024-03-21, hereafter GD) for |
3 Quakers in Scotland (QiS) to adequately convey my concerns. In | |
4 writing this I'm attempting to do better, not only with respect to | |
5 what I think is wrong, but also by suggesting how it could be fixed. | |
344 | 6 |
7 It's not short, and there's an even longer appendix of background | |
346 | 8 detail, so here's a summary: |
344 | 9 |
10 SESAM Trustees should advise SESAM that SESAM _should not_ agree to | |
11 joining QiS without substantial changes to the governing document, | |
12 distinguishing between the charity and the church and making their | |
13 relationship explicit, following the model of the governing document | |
14 for Britain Yearly Meeting (the charity). | |
15 | |
346 | 16 An updated GD needs to make explicit provision for the possibility |
17 of SESAM-the-church continuing _as_ an Area Meeting while laying | |
18 down SESAM-the-charity, drawing on the proposed structure for Wales | |
19 and the Southern Marches. There must be clarity on | |
20 SESAM-the-church's status with respect to QiS-the-church and thus | |
21 with respect to the trustees of QiS-the-charity. | |
344 | 22 |
346 | 23 I'll start by identifying the problems I see with the GD, and go on to |
24 outline the kind of changes I think would improve it, to the point | |
25 where SESAM would support the creation of the QiS-the-charity and | |
26 would join QiS-the-church. | |
27 | |
28 A note on terminology | |
29 | |
30 In their cover letter for the draft GD sent to SESAM Trustees on | |
31 2024-01-06, the QiS-CG says | |
32 | |
33 "The Options for Scotland group [proposes] that we form a _single | |
34 charity_ and that we form a _single body_. The idea of a single | |
35 body clearly needs more work to discern what this might look | |
36 like. It will take time. That idea is not part of what we are | |
37 asking you about here." (emphasis added) | |
38 | |
39 Above I used "QiS-the-charity" to refer to such a charity and | |
40 "QiS-the-church" to refer to such a body. For simplicity, hereafter | |
41 I'll call the former "the SCIO", short for "the Scottish Charitable | |
42 Incorporated Organisation" and the latter "the RSFS", short for "the | |
43 Religious Society of Friends (Quakers) in Scotland". | |
44 | |
45 Problems with the GD | |
46 | |
47 1. The church and the charity | |
48 | |
49 The distinction between the SCIO and the RSFS is explicitly modelled | |
50 on the distinction found in the governing document of "Britain Yearly | |
51 Meeting of the Religious Society of Friends (Quakers) (Britain Yearly | |
52 Meeting)" as registered with the Charity Commission (charity | |
53 no. 1127633). Britain Yearly Meeting (BYM) is (an English) Charitable | |
54 Incorporated Organisation. Its governing document defines that | |
55 lengthy name as the charity and "The Religious Society of Friends | |
56 (Quakers) in Britain" as the church. | |
57 | |
58 The GD uses "Quakers in Scotland" (QiS) for both of these, without | |
59 ever explicitly acknowledging that they are distinct. Sometimes | |
60 context makes clear which they are referring to, but not always. | |
61 | |
62 2. The future of the Area Meeting(s) | |
63 | |
64 | |
65 --------------- | |
66 Some extensive background, which has informed my thinking. | |
67 | |
68 Thanks to Jackie Noltingk, Erica Thomas and Lesley Richards for | |
69 helpful answers to my questions. | |
340
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70 |
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71 The General Meeting for Scotland (GM) mailing list were told |
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72 (2023-11-17), in regard to |
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73 |
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74 "(1) The possibility of merging our existing 6 charities into a |
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75 single body, Quakers in Scotland. |
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76 |
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77 "(2) How we might organise all our concerns and worship more |
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78 effectively as a single charity." |
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79 |
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80 that |
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81 |
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82 "The first step for (1) is to agree a governing document to replace |
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83 the six comparable documents that apply to our existing charities." |
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84 |
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85 and |
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86 |
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87 "Friends will hear more requests soon to join in important |
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88 discussions relating to (2)." |
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89 |
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90 I've searched my inbox without success for any request to "join in |
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91 important discussions relating to (2)" until, possibly, the invitation |
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92 from QiS-CG (2024-03-11) to two "information and discussion sessions |
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93 on progress with work towards having a single body and charity for |
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94 Quakers in Scotland". |
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95 |
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96 However the cover letter from QiS (2024-01-06) sent to SESAM Trustees |
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97 says |
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98 |
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99 "The Options for Scotland group [proposes] that we form a single |
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100 charity and that we form a single body. The idea of a single body |
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101 clearly needs more work to discern what this might look like. It |
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102 will take time. That idea is not part of what we are asking you |
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103 about here." |
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104 |
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105 In fact the document laid before us in the special Area Meeting on |
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106 15 January (Draft of 2023 12 29c.docx) had a lot to say about the |
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107 body. Or did it? As I read it at the time it did't clearly |
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108 distinguish between the charity and the body, using the phrase |
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109 "Quakers in Scotland" in what I found to be confusing ways. |
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110 |
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111 A new draft (Draft of 2024 03 21.docx) has just been made available, |
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112 with only modest changes from the earlier draft. I'll take it as |
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113 definitive with respect to what we will have before us on 6 April. |
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114 It hasn't changed much, if anything, of what I've found that makes me |
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115 uneasy about agreeing to adopt it. |
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116 |
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117 More background: What do we already have as models for how charities |
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118 and their trustees work. I'm reasonably familiar with two examples, |
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119 which guide my thinking in this matter. |
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120 |
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121 1. The Religious Society of Friends (Quakers) in Britain, and Britain |
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122 Yearly Meeting of the Religious Society of Friends (Quakers), |
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123 Charity number: 1127633 |
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124 |
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125 The governing document for the latter charity |
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126 (https://www.quaker.org.uk/documents/bym-governing-document-revised-min34-bym2014) |
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127 begins with the following definitions: |
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128 |
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129 *Definitions* |
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130 |
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131 a. The Religious Society of Friends (Quakers) in Britain refers to |
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132 the church in England, Scotland, Wales, the Channel Islands and |
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133 the Isle of Man, including all its local meetings for worship and |
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134 its constituent meetings for church affairs as well as all their |
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135 work [referred to below as *the Society*]. |
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136 |
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137 b. Britain Yearly Meeting of the Religious Society of Friends |
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138 (Quakers) [*Britain Yearly Meeting*] refers to the centrally held |
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139 and managed policy, property, employment and work of the charity |
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140 constituted by this document. |
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141 |
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142 c. Yearly Meeting in session [*Yearly Meeting*] refers to the annual |
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143 assembly that is open to all members of the Society. |
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144 |
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145 d. Area Meetings are the main local meetings for church affairs and |
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146 these are the level of the Society at which individual membership |
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147 is held. Each Area Meeting is a separate charitable entity and |
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148 may be registered as such with the Charity Commission. |
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149 |
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150 e. _Quaker faith & practice_ is the current edition of the Book of |
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151 Christian discipline of the Religious Society of Friends |
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152 (Quakers) in Britain |
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153 |
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154 f. Meeting for Sufferings is the standing representative body of the Society. |
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155 |
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156 g. The term Friend refers to a member of the Society. |
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157 |
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158 * Highlighting added |
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159 |
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160 Note that there are two clearly distinguished entities, "the church" |
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161 and "the charity". The charity is governed by the above referenced |
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162 governing document, the church by the Red Book. |
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163 |
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164 Subsequent articles make clear that the Society, embodied in Yearly |
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165 Meeting in session and Meeting for Sufferings, is responsible for |
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166 amending the governing document, appointing Britain Yearly Meeting |
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167 trustees, approving their terms of reference and appointing their |
342 | 168 clerks, among them the BYM Treasurer. |
340
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169 |
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170 2. Area meetings in Scotland governing documents |
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171 |
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172 * North of Scotland Quaker Trust is evidently distinct from NSAM, but |
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173 I haven't found a governing document. |
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174 |
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175 * The governing document for the Religious Society of Friends |
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176 (Quakers) [in Britain] East Scotland Area Meeting (abbreviated as |
342 | 177 East Scotland Area Meeting) is based on the template provided by |
178 Quaker Life | |
179 (https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final). | |
180 The template does not make any overt distinction between the church | |
181 and the charity, to my embarassment. However the phrases "(East | |
340
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182 Scotland) Area Meeting in session" clearly refer to the church, and |
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183 in "3. Object The object of East Scotland Area Meeting" it is |
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184 evidently the charity. |
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185 |
342 | 186 This sentence, taken unchanged from the template, is of note: "If |
187 at a meeting of East Scotland Area Meeting the members decide that | |
188 it is necessary or advisable to dissolve the Area Meeting or to | |
189 amalgamate with another Area Meeting _and this is agreed by Meeting | |
190 for Sufferings_, the trustees shall have the power to realise any | |
191 assets held by or on behalf of the Area Meeting. Any assets | |
192 remaining after the satisfaction of any proper debts and | |
193 liabilities shall, _with the agreement of Meeting for Sufferings_, be | |
194 given or transferred to another Area Meeting, to Britain Yearly | |
195 Meeting, or to some other charitable institution or institutions | |
196 having objects similar to that of the area meeting and failing that | |
197 for such other charitable purpose as Britain Yearly Meeting shall | |
198 direct." [Emphasis added] | |
340
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199 |
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200 * The governing document for the Religious Society of Friends |
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201 (Quakers) in Britain: South East Scotland Area Meeting [referred to |
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202 below as South East Scotland Area Meeting or the area meeting and |
342 | 203 formerly known as South East Scotland Monthly Meeting] likewise is |
204 based on the Quaker Life template. "Subject to the matters set out | |
205 below the resources of the area meeting shall be administered in | |
340
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206 accordance with this governing document by the trustees..." is |
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207 clearly talking about the charity, whereas "Amendments to this |
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208 governing document shall be agreed by South East Scotland Area |
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209 Meeting in session and recorded by minute of the area meeting." |
342 | 210 it's the church. The dissolution clause is again taken from the |
211 template, with the addition of GM for Scotland to the allowed | |
212 dispositions. | |
340
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213 |
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214 * I can't find a governing document for whatever charity is |
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215 associated with West of Scotland |
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216 |
342 | 217 * Dundee Friends Property Trust was governed by a 130-odd-year-old deed |
218 of trust, now superseded in 2009 by a governing document, which I | |
219 can't find online. From the 2020 Annual Report: | |
220 | |
221 "New trustees are appointed by the remaining trustees, who are | |
222 bound to select individuals in sympathy with the conditions of | |
223 the original Trust Deed and who shall, if possible, be | |
224 representative of Dundee Local Meeting. The majority of Trustees | |
225 shall be drawn from Dundee Local Meeting." | |
340
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226 |
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227 * General Meeting for Scotland |
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228 |
342 | 229 * The Religious Society of Friends (Quakers) in Wales and the Marches |
230 - Cymdeithas Grefyddol y Cyfeillion (Crynwyr) yng Nghymru a’r | |
231 Gororau [know as Cynar] is a Charitable Incorporated Organisation | |
232 (CIO, comparable to an SCIO). Its constitution (Linked from | |
233 https://www.symudymlaen2.org/) says that the members of the CIO are | |
234 "all members of the Constituent Area Meetings". The constitution | |
235 describes "General meetings of the members of the CIO", and | |
236 mandates at least an Annual General Meeting. The clerks of the | |
237 Constituent Bodies (the AMs and CCQW) constitute the "clerking | |
238 team" who set the agenda for GMs and provide a clerk for each of | |
239 them from among their number. At least two members from each | |
240 Constituent Body must be present for a GM to be quorate. The | |
241 Convenors of the NomComms of the COnstituent bodies constitute a | |
242 NomComm for the CIO, and prepare nominations for the trustees and | |
243 the Treasurer. There must be at least one trustee from each | |
244 Constituent Body. | |
245 | |
246 I'm told that "AM trustees will cease to exist, Cymar trustees will | |
247 fulfil the role of AM trustees, but for all 4 AMs and CCQW, so once | |
248 the assets have been handed over, bank accounts closed down and | |
249 final report and accounts prepared, then they can be released by | |
250 their respective AMs and leave the rest to [Cymar] to deal with." | |
251 | |
252 It's not clear to me how this accords with QF&P 4.02 | |
253 (https://qfp.quaker.org.uk/passage/4-02/) which says "Each area | |
254 meeting is a separate charitable entity and it may be required to | |
255 be registered as such with the relevant charity regulator. Area | |
256 meetings which are registered or preparing for registration will | |
257 operate under a formal governing document, which amongst other | |
258 matters should set out the arrangements for trusteeship." | |
259 | |
260 | |
344 | 261 Prison Chaplains |
262 | |
263 QF&P (13.54) gives area meetings responsibility for appointing prison | |
264 chaplains and "General Meeting for Scotland is responsible for | |
265 providing [their names] to the governors of all prison establishments | |
266 in the area meeting area". | |
267 | |
340
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268 Registering officers |
344 | 269 |
270 A similar story, without the involvement of GM, obtains for | |
271 registering officers. "Each area meeting shall appoint a suitable | |
272 Friend as registering officer ... the area meeting ... shall report | |
273 [the appointment] to the Recording Clerk without delay, by minute | |
274 signed by the clerk ... The Recording Clerk is required to certify all | |
275 such appointments ... in Scotland, to the Registrar General for | |
276 Scotland"; "The registering officer, acting on behalf of the area | |
277 meeting, ..." (QF&P 16.22,23) | |
278 |