Basis of Union and Guardianship


The linked congregations of Penicuik: South Parish Church (Church of Scotland), (Scottish Charity Number SC011871) and Howgate Parish Church (Church of Scotland), (Scottish Charity Number SC014364) shall be united as from 21 November 2019, and that on the following terms and conditions:

  1. Name: The name of the united congregation shall be Penicuik: South and Howgate Parish Church (Church of Scotland) and the Scottish Charity Number SCO11871 will be retained.
  2. Transference of Property and funds: The property and funds belonging to or held on behalf of each congregation shall belong to or be held on behalf of the united congregation and any transference necessary shall be duly effected. The church at present used by the Howgate congregation shall be sold, let or otherwise disposed of subject to the titles on which it is held, subject to the approval of the Presbytery, and, if necessary, the General Trustees or the General Assembly. The free proceeds of any such sale or let shall (a) if falling within the scope of Act VII 1995, be credited to the benefit of the congregation in the Consolidated Fabric Fund, or (b) if not falling within the scope of the said Act, be held and applied for fabric purposes in connection with the properties of the congregation.
  3. Place of Worship: The church to be used for regular worship will be Penicuik: South Church with times of worship to be set by the Kirk Session, subject to the approval of Presbytery. 
  4. Territorial Responsibility: The bounds to be served by the congregation shall be the bounds of the congregations of Penicuik: South and Howgate. 
  5. Kirk Session: The elders of both Kirk Sessions shall form with the Interim Moderator the Kirk Session of the united congregation. 
  6. Congregational Management: The temporal affairs of the united congregation shall be administered by the Kirk Session in terms of the Deed of Constitution (Unitary Form), the Delegation of Assembly being authorised to issue the appropriate Deed of Constitution to the said congregation.
  7. Minister: The charge will not be free to call a Minister during the period of Guardianship. An Interim Moderator will be appointed by Presbytery. 
  8. Manse: The manse of Penicuik : South will be retained and may be let, sold, or otherwise disposed of, during the course of the Guardianship, in agreement with the General Trustees of the Church of Scotland. 
  9. Ministerial Support: A Guardianship Allowance shall be applied to this charge, and a congregational development stall member shall be appointed by Presbytery for two days a week plus one session on a Sunday, jointly funded by the congregation (using the guardianship allowance) and Presbytery. Other appropriate staffing appointments shall be made by the congregation utilising other funds available locally. 
  10. Review: The Basis of Guardianship shall be subject to an interim review eighteen months after the date of constitution, and then a full review after three years. Following this a Review will take place every two years. The conclusion of each review will be brought to Presbytery prior to approving the continuance of the Guardianship or adjusting arrangements as the need may arise.
  11. Power to Readjust: While the articles and terms shall form the Basis of Guardianship for the congregation, the congregation shall be free, like other congregations, to adjust arrangements under the authority of Presbytery as need may arise.