Download The Property Handbook - Presbyterian Church of ...
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PAGE ›› 37<br />
THE PROPERTY HANDBOOK<br />
SECTION 10<br />
Duties and responsibilities<br />
<strong>of</strong> decision makers<br />
• All members <strong>of</strong> church courts who manage the assets <strong>of</strong> a parish are in a ‘trustee<br />
relationship’.<br />
• <strong>The</strong>y have responsibilities as trustees in keeping with <strong>The</strong> Trustee Act 1956.<br />
• <strong>The</strong> most important responsibility is to exercise ‘care and prudence’ in all decisions<br />
that are made.<br />
• <strong>The</strong>re is a legal accountability to the parish for this responsibility.<br />
• If you are ever in doubt about whether any decision is likely to breach this duty,<br />
seek legal advice first.<br />
This is what we mean by ‘good stewardship’.<br />
Responsibilities <strong>of</strong> presbytery/UDC<br />
Presbyteries/UDCs play a pivotal role in property matters.<br />
<strong>The</strong> Book <strong>of</strong> Order places responsibility on Presbyteries/UDCs for the oversight <strong>of</strong> all<br />
property dealings with parishes. While the Trustees have the final legal authority over<br />
property, the Trustees do not know the local situation.<br />
<strong>The</strong> Trustees expect the presbytery/UDC to give careful scrutiny to property proposals<br />
before endorsing them. Presbytery/UDC approval carries considerable weight.<br />
Presbytery should consider whether a property proposal before it:<br />
• is consistent with the mission strategy <strong>of</strong> the parish and <strong>of</strong> the presbytery<br />
• is a wise use <strong>of</strong> resources<br />
• complies with the requirements <strong>of</strong> the Book <strong>of</strong> Order and its supplementary provisions<br />
• has sufficient support within the parish<br />
• will not over-commit the parish<br />
• will not put undue pressure on the congregation.