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19. |
(1) The
Presbyterian Church in Ireland shall be governed by Presbyters in
representative assemblies,
otherwise known as the courts of the Church. These courts comprise
Kirk Sessions, Presbyteries, Synods and the General Assembly. |
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(2) Each
congregation and each member of a congregation (except members of
Kirk Session) in all matters of doctrine, discipline, worship and
order, is under the immediate jurisdiction of the Kirk Session of the
congregation; each Kirk Session, in these matters, is under the
immediate jurisdiction of the Presbytery; each Presbytery is
similarly under the jurisdiction of the Synod and each Synod is
similarly under the jurisdiction of the General Assembly. |
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(3) The
Moderator of each Church court shall preside at its meetings as the
first among equals. |
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(4) Any
member of the Church may be present at proceedings of Church courts;
but when a court deems it expedient, and no law of the Church
interferes, it may transact its business in private, excluding all
but members of the court and any others whose attendance the court
considers necessary (but see also the following sub-paragraph). |
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(5)
Meetings of Kirk Session shall normally be held in private and all
discussions kept in confidence. |
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20. |
(1) A
superior court may,
subject to this paragraph - (a)
direct any court subordinate to it (in this section referred to as an
"inferior court") to investigate any matter properly
falling within the jurisdiction ot the inferior court; (b)
remove any matter from an inferior court and itself or by a
commission with the powers of the superior court investigate and
adjudicate thereon; (c)
call for and examine the records of an inferior court; (d)
amend those records or pronounce such judgement on the actions of the
inferior court and give that court such directions, conformable with
the law and standards of the Church, as the superior court deems
right; (e)
exercise all the powers, authority and jurisdiction of an inferior
court and, in particular, may - (i) confirm, reverse or vary any
decision, determination or pronouncement of the inferior court; or
(ii) remit any appeal to it from an inferior court, or any matter
arising thereon, to the inferior court with such declaration or
directions as the superior court may think proper; (f)
appoint
one or more of its ministers or of the ruling elders within its
jurisdiction to be a member or members of an inferior court for the
purposes of any matter arising before the inferior court, but an
appointment under this paragraph shall not prejudice any right of
appeal or reference exercisable in relation to the inferior court. |
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(2) Before
pronouncing judgement or making any declaration with respect to any
decision, determination or pronouncement of an inferior court or
giving any direction to an inferior court, the superior court shall
have before it the inferior court or representatives of that court
together with the inferior court's records or authenticated copies
thereof. The inferior court shall comply with any direction given to it. |
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(3) The
Assembly, or any commission or committee with Assembly powers, shall
not adjudicate in any matter of discipline except by way of reference
or on appeal; and if, before or on the hearing of any such reference
or appeal, fresh charges or complaints emerge, they shall be remitted
for investigation in the first instance to the appropriate inferior court. |
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21. |
(1)
An inferior court may refer any matter, or any point of difficulty
arising in connection with any matter, coming before it to the next
superior court for directions or determination or advice. Such a
reference may be without the expression of any opinion on the matter
by the inferior court. The inferior court shall comply with any
direction given to it. |
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(2) In
addition, an inferior court may petition or complain to a superior
court with respect to the proceedings of any court exercising
co-ordinate or lower authority over which the superior court has jurisdiction. |
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(3) A
petition or complaint shall not lie under sub-paragraph (2) unless,
at least ten days before the superior court meets, written notice of
intention to petition or complain, together with particulars of the
subject-matter of the petition or complaint, shall have been given to
the Clerk of the co-ordinate or lower court by the Clerk (or, if he
is unavailable, by a member) of the court complaining. |
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(4) Except
to the extent provided for in sub-paragraphs (2) and (3), No inferior
court has a right to review the proceedings of a superior or
co-ordinate court. |
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(5) An
inferior court, or a committee thereof shall not meet during any
sitting of a superior court to which it is subordinate without leave
of that court. |
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22. |
(1) The
acts of a Church court shall be treated as valid, subject to
sub-paragraphs (2) and (3), notwithstanding - (a)
any defect that may afterwards be discovered in the appointment or
qualification of a member of the court; unless it shall be shown that
the vote of such a member was decisive, particularly in cases of
discipline; (b)
any accidental omission to give notice of a meeting to a member of
the court, or non-receipt by a member of a notice duly sent; or (c)
the presence at any sitting of a court of a person not entitled to be present. |
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(2) Where,
on the ground of irregularity arising by reason of any such defect or
failure as is mentioned in sub-paragraph (1), an appeal is made to
set aside the proceedings in which the defect or failure occurred,
any step taken in connection with or in consequence of those
proceedings, the court appealed to may either - (a) grant the appeal
upon such conditions; or (b) allow amendments to be made; or (c) make
such other orders or issue such directions. with respect to the
proceedings generally, as the court may, in all circumstances and in
keeping with the rules of natural justice, think just and proper. |
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(3) An
appeal under sub-paragraph (2) shall not be allowed unless it is made
before the party appealing has taken any fresh steps after becoming
aware of the irregularity. |
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23. |
(1) Any
Church court may appoint a commission or committee,
the latter being sometimes called a board, for such purposes as the
court may determine, or may resolve itself into a committee of the
whole court. |
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(2) In
every case the commission, committee or board shall report to the court. |
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(3)
Nothing in sub-paragraph (2) shall operate to prejudice any powers
conferred on commissions of the Assembly under paragraphs 126-130. |
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24. |
Rules may
make such provision as the Assembly shall think proper for the
holding and functioning of Church courts, including provisions for - (a)
the appointment, powers and duties of commissions, committees, boards
or members or officers of such courts and the fixing of a quorum for,
or the appointment of an assessor to, any such court, commission,
committee or board, (b)
the practice and procedure to be followed in or in connection with
proceedings before such courts, commissions, committees or boards, or
on appeals or references arising therefrom; or (c)
the records to be kept and reports to be made by such courts,
commissions, committees or boards. |