Constitution
REVISED CONSTITUTION ADOPTED ON THE 25 NOVEMBER 2006
The Church and its property is administered and managed in accordance with the provisions in the Constitution.
1. OBJECTS
The Church’s objects (“the Objects”) are the advancement of the Christian faith primarily in Abbeyhill, Edinburgh and also throughout Scotland and the rest of the World by all means consistent with the teachings of the Christian Bible including worship, ministry, mission, prayer, witness, education, community service and the support of agencies and individuals and other charitable organisations involved in Christian missionary work and the relief of poverty or other social needs.
2. POWERS
In pursuance of the Objects set out in clause 1 (but not otherwise), the Church shall have the following powers: -
- To carry on any other activities which further any of the Objects.
- To purchase, take on lease, hire, or otherwise acquire, any property or rights that are suitable for the Church’s activities.
- To improve, manage, develop, or otherwise deal with, all or any part of the property and rights of the Church.
- To sell, let, hire out, license, or otherwise dispose of, all or any part of the property and rights of the Church.
- To borrow money, and to give security in support of any such borrowings by the Church.
- To employ such staff as are considered appropriate for the proper conduct of the Church activities, and to make reasonable provision for the payment of pension and/or other benefits for members of staff in accordance with current legislative requirements
- To engage such consultants and advisers as are considered appropriate from time to time.
- To effect insurance of all appropriate kinds (which may include Trustees’ liability insurance).
- To invest any funds which are not immediately required for the Church’s activities in such investments as may be considered appropriate (and to dispose of, and vary, such investments).
- To liaise with other voluntary sector bodies, local authorities, UK or Scottish government departments and agencies, and other bodies, all with a view to furthering the Objects.
- To establish and/or support any other charitable body, and to make donations for any charitable purpose falling within the Objects.
- To form any charitable company with similar objects to those of the Church, and if considered appropriate, to transfer to any such company (without any payment being required from the company) the whole or any part of the Church’s assets and undertaking.
- To take such steps as may be deemed appropriate for the purpose of raising funds for the Church’s activities.
- To accept all appropriate grants, donations and legacies.
- To do anything which may be incidental or conducive to the furtherance of any of the Objects.
3. CONSTITUTION AND AMENDMENTS
3.1 Any provision contained in the Constitution may be amended provided that:
- a resolution is passed by not less than two thirds of those members present and voting at a Church Meeting called for the purpose by intimation on three preceding Sundays.
- no amendment may be made that would have the effect of making the Church cease to be a Church at law.
- the intimation of the Church Meeting includes notice of the resolution setting out the terms of the amendment proposed.
- the nature of any such amendment shall be minuted and the date of the meeting at which the church agreed it shall be noted in the Constitution.
- consent to the amendment is obtained from the Office of the Scottish Charity Regulator (OSCR) if required.
3.2 The Constitution shall be reviewed on a regular basis e.g. five yearly, to ensure that the constitution is in agreement with the body of believers at Abbeyhill Baptist Church and current legal requirements.
3.3. The constitution shall be printed and a copy given to each member and all applicants for membership
4. HOLDING OF PROPERTY, MANAGEMENT AND OPERATION OF ACCOUNTS
4.1 All heritable properties of the Church shall be held on behalf of the Church by the Trustees of the Church.
4.2 The Church and its property shall be managed and administered by the Trustees and Diaconate elected in accordance with this Constitution. Jointly, they will be referred to in the constitution as the Leadership.
4.3 The signature(s) of the signatory or signatories appointed by the Leadership shall be required in relation to all operations (other than lodgement of funds) on the bank and building society accounts held by the Church. If there is only one signatory, then he/she must be a Trustee. If there is more than one signatory, then at least one of the signatories must be a Trustee. Items of expenditure exceeding one thousand Pounds (£1,000) Sterling unless made in the implementation of a budget or other decision made by the church, must be approved by a Church Meeting or, in an emergency situation, authorised by the Leadership.
5. ACCOUNTING RECORDS AND ANNUAL ACCOUNTS
5.1 The Leadership of the Church shall ensure that proper accounting records are maintained in accordance with all applicable statutory requirements.
5.2 The Leadership shall prepare annual accounts, complying with all relevant statutory requirements; if a full audit is required under any statutory provisions or if they otherwise think fit, they shall ensure that an audit of such accounts is carried out by a suitably qualified auditor.
6. FINANCIAL YEAR
The Church’s financial year shall end on 31 August.
7. OFFICE-BEARERS, TRUSTEES, DEACONS AND ELDERS
7.1 The Office-Bearers of the Church shall normally be the Pastor, Secretary and Treasurer. These shall be Trustees of the Church. A number of Deacons (and/or Elders, if appropriate) shall be appointed by the Church to serve as Trustees alongside the Office-Bearers. In the Constitution they will together be called “the Trustees”.
7.2 In the event of a pastoral vacancy an Interim Moderator shall be appointed by the Leadership. The members shall also appoint a Pastoral Vacancy Committee. A Call to the Pastorate of the Church shall only be issued if at least two-thirds of those members present and voting at a properly constituted Church Meeting are in favour of the candidate. Voting shall be by paper ballot.
7.3 Election of a Deacon or Elder to the position of Secretary or Treasurer may take place, following the proposal of the Leadership, at any General Meeting, providing that at least two thirds of those members present and voting are in favour.
7.4 Each of the non-Office bearing Trustees shall retire with effect from the date of the next Annual General Meeting after his or her appointment, but shall be eligible for re-election at that Meeting
7.5 Any Deacon/Elder who is willing to act as Trustee may be appointed at the Annual General Meeting provided that there is a vacancy among the non-Office-Bearing Trustees.
7.6 The maximum number of Church Trustees is 6. The appointment of a Trustee by the Church Meeting must not cause the number of Trustees to exceed the number fixed in accordance with the Constitution as the maximum number of Trustees.
7.7 The minimum number of Church Trustees is 4.
7.8 The Trustees may regulate their proceedings as they think fit, subject to the provisions of this Constitution.
7.9 Deacons (their numbers being dependent on the circumstances) shall be appointed for periods of four years, with no restriction upon being re-elected for further periods.
7.10 Election to the Diaconate shall take place every two years at the Half Year Meeting. Voting shall be by paper ballot, the paper showing the names of those duly nominated by members and agreeing to stand, and of Deacons stepping down but offering themselves for re-election. Nominees who receive the support of at least two thirds of those members present and voting shall be appointed to the Diaconate.
7.11 Elders (their numbers being dependent on the circumstances) shall be responsible, with the Pastor, for overseeing the Church’s spiritual concerns.
7.12 Should it be desired to add to the number of Elders, a small committee shall be appointed by the Leadership to prayerfully consider any possible candidates within the membership. Elders shall be elected at a General Meeting, providing at least two-thirds of those members present and voting are in favour of the candidate. Voting shall be by paper ballot.
7.13 Elders shall serve for periods of five years, with no restriction on being re-elected for further periods. Elders, who retire from office having reached the age of 70 years, if they are willing, may be asked to continue to exercise some of the duties of an Elder in an ex-officio capacity.
8. CHURCH MEETINGS
8.1 Formal Church meetings shall be held at least half-yearly, one of these meetings being the Annual General Meeting (AGM). Not more than fifteen months may elapse between successive Annual General Meetings.
8.2Prior to the Annual General Meeting the Church accounts and the accounts of all the organisations of the Church, including details of salaries or other remuneration and allowances paid to the Church’s staff and of expenses reimbursed to such staff and/or to other members of the Church, shall be examined and/or audited by suitably qualified persons in accordance with the requirements of current legislation.
8.3 Formal Church Meetings (defined as Half Year, AGM, Special and Emergency Meetings) shall be attended by members only.
8.4 Business at the AGM and Half Year meetings shall include a statement of the church finances, consultation about the work of the church and policy and business remitted from the Leadership.
8.5 All Church Meetings except Emergency Meetings shall be intimated on three Sundays prior to the Meeting, a proposed agenda being made available to coincide with the first of these intimations.
8.6 Members introducing new business must give notice in writing to the Deacons via the Secretary, within seven days of the first intimation of the Church Meeting.
8.7 Should the need arise, a Special Church Meeting may be called at any time by the Leadership or on receipt of a written application to the Secretary, stating the business for which the Meeting is being called and signed by at least ten members.
8.8 Where an item of business requires immediate attention, an emergency Church Meeting may be called by the Leadership, such a meeting being intimated at least one Sunday prior to the meeting.
8.9 Notice of meetings shall specify the date, time and place of the meeting and the general nature of the business to be transacted. If the meeting is to be an AGM, the notice must say so.
8.10 No business shall be transacted at any Church Meeting unless a quorum is present.
8.11 A quorum is 20% of the membership.
8.12 If a quorum is not present within half an hour from the time appointed for the meeting, or if during a meeting a quorum ceases to be present, the Leadership must reconvene the meeting giving at least seven clear days’ notice of the reconvened meeting stating the date, time and place of the meeting.
8.13 At the reconvened meeting: if no quorum is present within fifteen minutes of the time specified for the start of the meeting or a quorum ceases to be present during the meeting, the members present at that time shall constitute the quorum for that meeting.
8.14 Every member at a Church Meeting shall have one vote. In a simple majority vote if there are an equal number of votes for and against any resolution, the Chair of the meeting shall be entitled to a casting vote.
8.15 Decisions of church meetings must receive the support of a majority of the members present and voting, except for matters designated serious by the Leadership, which shall require a two-thirds majority.
8.16 Members should appreciate that discussions in Church Meetings could be sensitive and must be treated as confidential.
8.17 Informal Church Meetings shall be held as deemed appropriate and may be attended by all within the Fellowship, whether members or not. These meetings are primarily for sharing and information. Conclusions reached at such meetings would be for guidance only and not binding on the church. Any proposals would be brought to a formal church meeting.
8.18 Procedures may be adopted to expand the issues outlined in this constitution.
9. TRUSTEES NOT TO HAVE A PERSONAL INTEREST
9.1 A Trustee who has a personal interest in any transaction or arrangement that the Church is proposing to enter into, must declare that interest at a Church Meeting; he/she will be debarred from voting on whether or not the Church should enter into that transaction or arrangement.
9.2 Provided he/she has declared his/her interest – and has not voted on the question of whether the Church should enter into the relevant arrangement – a Trustee will not be debarred from entering into an arrangement with the Church in which he/she has a personal interest and may retain any benefit which he/she gains from his/her participation in that arrangement.
10. REMUNERATION
Any remuneration paid to a Church Trustee must satisfy the criteria laid down in Section 67 of the Charities and Trustee Investment (Scotland) Act 2005.
11. MEMBERSHIP
11.1 The Church is congregational in its form of church government and is in membership with the Baptist Union of Scotland (“the Union”) to whose Declaration of Principle (the text of which appears in Appendix 1 to this Constitution) the Church subscribes.
11.2 The members of the Church shall be such as profess faith in the Lord Jesus Christ and have been baptised as believers in the Name of God the Father, the Son and the Holy Spirit. (Statement of Faith appears in Appendix 2 to this Constitution)
11.3 Applicants for baptism shall receive from the Pastor relevant instruction, including information on membership responsibilities.
11.4 Applicants for membership shall normally be interviewed by an Elder or member of the Leadership plus a member of the congregation appointed by the Leadership. Applicants shall also be given a copy of the Constitution and made aware of its content. A report and recommendation shall be submitted by the interviewers to a Church Meeting and, if approved by the majority of the members present, the applicant shall be received into membership.
11.5 The mode of baptism practised by the Church shall be that of immersion on the understanding that in special circumstances the Leadership may agree to make an exception. All applicants for membership shall be accepted only upon satisfying the Church as to their faith in Christ.
11.6 Applicants for membership who have been baptised as a believer and who are transferring their membership from another Baptist Church shall, on recommendation from an office bearer of that church, approval of the Leadership and intimation of their transfer to the church, be received into membership.
11.7 Membership is a commitment to become part of a family. Each member must play a full part in the life of the family as Christ describes in 1 Corinthians 12:12-27. Some of the things that should be part of each member’s commitment are:
- attending regularly at public worship, including the Ordinance of the Lord’s Supper.
- contributing systematically to the Church’s finances as the Lord has prospered them.
- using their gifts in the service of Christ and His Church;
- maintaining the spirit of Christian love and unity.
- showing evidence of their Christian character in all things.
- sharing in the fulfilment of the Lord’s Commission in Matthew 28:19,20.
11.8 Any member who is absent from the church for a period of six months without satisfactory reason, shall be visited by the Pastor. If the situation remains unchanged over the next six months, the member shall be visited by appointees of the Leadership or communicated with by other appropriate means, to consider options including re-commitment, voluntary resignation, transfer of membership or deletion from the membership roll.
11.9 In cases of private offences between members of the Church the rule prescribed by Christ in Matthew 18:15-17 shall be faithfully observed. In cases of open backsliding, glaring inconsistency or grave doctrinal error the Church shall exercise discipline according to Scriptures. Where there are serious difficulties involving the Pastor and/or Leadership, the Ministry Advisor of the Union shall normally be consulted.
12. ORDINANCES
12.1 The ordinance of the Lord’s Supper shall be observed at least twice per month. Those who have professed faith in Christ and are living consistently with their profession, shall be invited to share in the Lord’s Table, regarding it as a sacred privilege to do so.
12.2 The ordinance of Baptism shall be that of believers, by immersion in water (for exceptions see paragraph 11.5)
13. LIABILITY OF MEMBERS
13.1 The members of the Church have no liability to pay any sums to help to meet the debts (or other liabilities) of the Church if it is wound up; accordingly, if the Church is unable to meet its debts, the members will not be held responsible.
13.2 The Trustees of the Church have certain legal duties under the Charities and Trustee Investment (Scotland) Act 2005; and clause 13.1 above does not apply to any personal liabilities they might incur if they are in breach of those duties.
14. DISSOLUTION
14.1 If it is decided initially by the Leadership that the church is unable to fulfil its objects, a meeting of all the members of the Church shall be called (of which not less than 21 days’ notice shall be given) stating that the dissolution of the church shall be considered. Voting shall be by paper ballot. If two-thirds of the members present at the called meeting are in favour of dissolution, a paper ballot of all members shall then take place. The Church can only be dissolved if two thirds of the votes cast are in favour of dissolution.
14.2 In the event of the Church being dissolved or otherwise ceasing to exist the Trustees will remain in office as Church Trustees and be responsible for winding up the affairs of the Church in accordance with this clause.
14.3 The Trustees must collect in all the assets of the Church and must make provision for all the liabilities of the Church.
14.4 The Trustees must apply the assets of the Church for charitable purposes.
14.5 The assets of the Church shall become the property of the Baptist Union of Scotland or should the Union not exist, any successor, which is engaged in promoting objects similar to those of Abbeyhill Baptist Church.
14.6 If the Church is to be dissolved, the winding-up process will be carried out in accordance with the procedures set out under the Charities and Trustee Investment (Scotland) Act 2005.
APPENDIX 1 TO THE CONSTITUTION OF ABBEYHILL BAPTIST CHURCH
DECLARATION OF PRINCIPLE OF THE BAPTIST UNION OF SCOTLAND
The basis of the Union is:-
1. That the Lord Jesus Christ our God and Saviour is the sole and absolute Authority in all matters pertaining to faith and practice, as revealed in the Holy Scriptures, and that each Church has liberty, under the guidance of the Holy Spirit, to interpret and administer His laws.
2. That Christian Baptism is the immersion in water in the name of the Father, the Son and the Holy Spirit, of those who have professed repentance towards God and faith in the Lord Jesus Christ, who died for our sins according to the Scriptures; was buried and rose again the third day.
3. That it is the duty of every disciple to bear witness to the Gospel of Jesus Christ and to take part in the evangelisation of the world.
APPENDIX 2 TO THE CONSTITUTION OF ABBEYHILL BAPTIST CHURCH
FORM OF GOVERNMENT OF THE CHURCH
Our desire and purpose is that God would be central in Abbeyhill Baptist Church: the focus of all we are and all we think, say and do. It is the responsibility and privilege of the whole Membership to seek the mind of Christ together and to manage the affairs of the Church according to the authority of the Scriptures and the direction of the Holy Spirit
STATEMENT OF FAITH
We believe :
- In one God, in three persons, Father, Son and Holy Spirit, Creator and Sustainer of the world.
- In Jesus Christ, Son of God, who by His death and resurrection is the Saviour of the world.
- In the Holy Spirit who brings to repentance, lives in, guides and empowers believers.
- In the Bible as God’s revelation of Himself and of His Purposes for all people.
- In the sinfulness of humanity, that all people are born into a state of sin and have a need for redemption.
- In the redemptive work of God in each individual life, that is seen in repentance toward God, and faith in our Lord Jesus Christ.
- In believers baptism by immersion as a normal practice. We do not believe that baptism is required for salvation, but we believe that it is a symbolic testimony of our faith in Christ.
- In the ‘Priesthood of all believers’ in that as a worshipping community each has a role to play in its life and witness through gifting by the Holy Spirit.
- In the personal and visible return of Jesus Christ to fulfil the purposes of God: raising all people to judgement, bringing eternal life to the redeemed and eternal condemnation to the lost, and establishing a new heaven and earth.
APPENDIX 3 TO THE CONSTITUTION OF ABBEYHILL BAPTIST CHURCH
BIBLE PASSAGES REFERRED TO IN THE CONSTITUTION
1 Corinthians 12 : 12-27
12 The body is a unit, though it is made up of many parts; and though all its parts are many, they form one body. So it is with Christ. 13 For we were all baptised by one Spirit into one body—whether Jews or Greeks, slave or free—and we were all given the one Spirit to drink.
14 Now the body is not made up of one part but of many. 15 If the foot should say, “Because I am not a hand, I do not belong to the body,” it would not for that reason cease to be part of the body. 16 And if the ear should say, “Because I am not an eye, I do not belong to the body,” it would not for that reason cease to be part of the body. 17 If the whole body were an eye, where would the sense of hearing be? If the whole body were an ear, where would the sense of smell be? 18 But in fact God has arranged the parts in the body, every one of them, just as he wanted them to be. 19If they were all one part, where would the body be? 20 As it is, there are many parts, but one body.
21 The eye cannot say to the hand, “I don’t need you!” And the head cannot say to the feet, “I don’t need you!” 22 On the contrary, those parts of the body that seem to be weaker are indispensable, 23 and the parts that we think are less honorable we treat with special honor. And the parts that are unpresentable are treated with special modesty, 24 while our presentable parts need no special treatment. But God has combined the members of the body and has given greater honor to the parts that lacked it, 25 so that there should be no division in the body, but that its parts should have equal concern for each other. 26 If one part suffers, every part suffers with it; if one part is honored, every part rejoices with it.
27 Now you are the body of Christ, and each one of you is a part of it.
Matthew 28 : 19,20
19 Therefore go and make disciples of all nations, baptising them in the name of the Father and of the Son and of the Holy Spirit, 20 and teaching them to obey everything I have commanded you. And surely I am with you always, to the very end of the age.
Matthew 18 : 15-17
15 If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over.16 But if he will not listen, take one or two others along, so that ‘every matter may be established by the testimony of two or three witnesses.’ 17 If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, treat him as you would a pagan or a tax collector.
New International Version – UK (NIVUK)
Copyright © 1973, 1978, 1984 by International Bible Society



