THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Legal Matters

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM THE TRUSTEES FOR METHODIST CHURCH PURPOSES Who we are and what we do Neville Johnson Chief Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM TMCP as Custodian Trustee Holds Title to Methodist Trust Property Does not get involved in day to day management Has a duty to ensure Managing Trustees do not act in breach of trust

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM TMCP Legal Section Reviews legal documents before signature by Managing Trustees Gives general guidance to Managing Trustees and their solicitors on a range of issues

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Occupation Licences Joanne Broadbridge Senior Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Types of Licence Standard form for general use - by most hirers of Church premises Pre-School Use Car Parking Garden Use

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Licences When are they to be used ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Licences When could a Licence be a Lease ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Licences What type of fee ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Licences What about the one-off ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Litigation Neville Johnson Chief Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Litigation Permission is needed under Standing Orders to commence proceedings, and to continue to defend them

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Litigation How is the permission obtained ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Litigation Costs – who can help Is the case connexionally important ? Legal Expenses Reserve Fund loan or grant Methodist Insurance: DAS legal insurance

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Burial Grounds Joanne Broadbridge Senior Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Burial Grounds Creation - don’t !!!!

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Burial Grounds Can we close a burial ground to new burials ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Burial Grounds Ashes Interment Scattering

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Burial Grounds Can we dispose of a burial ground ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Burial Grounds Can we continue to inter bodies after we have sold a burial ground ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Burial Grounds Monuments and Tombstones

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Section 106 Agreements Neville Johnson Chief Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Section 106 Agreements When are they needed ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Section 106 Agreements types of obligation to provide facilities Use of the property Use of the money

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Section 106 Agreements Who must approve the document ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Section 106 Agreements Problems

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Amalgamation of Churches and Circuits David Phillips Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Amalgamation of Churches and Circuits How can Churches amalgamate ? When should they do so ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Amalgamation of Churches and Circuits Other options ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Amalgamation of Churches and Circuits How can Circuits amalgamate ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Bequests Neville Johnson Chief Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Types of Bequest Model Trusts Permanent Endowment Specific Trusts Discretionary Trusts

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Model Trust Bequests Why are they preferred ? Because the gift never lapses

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Permanent Endowment Bequests Income only can be used Can the Managing Trustees ever access the capital ?

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Conclusion Joanne Broadbridge Senior Legal Officer

THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM Legal Guidance Notes to be rewritten Any questions ?