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Reference Documents - Status Change
Introduction
(June 2019)
WCC is a charity registered with the Scottish Charity Regulator (OSCR). Scottish Charity No: SC015206.
WCC’s current legal form is an ‘Unincorporated Association’. WCC is currently planning to change its legal form to become a Scottish Charitable Incorporated Organisation (SCIO). An incorporated charity has certain advantages over an unincorporated charity; for example it has a legal personality and the liability of the Charity Trustees is limited. The SCIO will not be part of the Scottish Episcopal Church.
OSCR lays down a process for changing from an Unincorporated Association to a SCIO, which involves the following 6 steps:
(June 2019)
WCC is a charity registered with the Scottish Charity Regulator (OSCR). Scottish Charity No: SC015206.
WCC’s current legal form is an ‘Unincorporated Association’. WCC is currently planning to change its legal form to become a Scottish Charitable Incorporated Organisation (SCIO). An incorporated charity has certain advantages over an unincorporated charity; for example it has a legal personality and the liability of the Charity Trustees is limited. The SCIO will not be part of the Scottish Episcopal Church.
OSCR lays down a process for changing from an Unincorporated Association to a SCIO, which involves the following 6 steps:
To begin this process, WCC needs to make some changes to its current constitution and to draw up a new constitution for the WCC SCIO. It also needs to consult with the Scottish Episcopal Church on certain aspects of the transition.
This page will be updated as WCC proceeds through the OSCR process, and relevant documents will be added as they become available.
Progress report
8 June 2019
Changes to the existing constitution and a constitution for the new SCIO have been agreed with the WCC leadership and vestry, and checked by the legal advisers. The congregation will be asked to vote on the changes to the existing constitution at two special members' meetings provisionally scheduled for Thursday 29 August and Thursday 3 October.
Update 6 /8/19: These dates have slipped; new dates have not yet been set.
9 July 2019
Changes to the existing constitution and the constitution for the new SCIO have been sent to the Diocese.
25 September 2019
The new SCIO Constitution was submitted to OSCR for approval.
31 January 2020
'Westhill Community Church SCIO' granted charitable status by OSCR. Scottish Charity No. SC049910
February 2021
Meetings were held with the Diocese in February 2020, at which both financial and legal aspects were discussed. Progress since then has been hampered by Covid restrictions. It is anticipated that a financial settlement can be reached soon, after which the legal aspects will be progressed.
15 April 2021
Information Session for WCC Members, via Zoom, to review progress. Two documents are available below:- an anticipated timeline for the transition
and an update to the document recommending changes to the WCC Constitution.
22 April 2021
A Special Meeting of WCC Members agreed the proposed financial settlement and ongoing commitments regarding use of the WCC site and building.
10 May 2021
A Special Meeting of WCC SCIO Members agreed ongoing commitments regarding use of the WCC site and building.
September 2021
A ‘Heads of Agreement’, which outlines the issues to be addressed in the detailed legal agreements between WCC/WCC SCIO and the Diocese, is being finalised.
May 2022
Members of WCC SCIO voted to affiliate to ACE - the Anglican Convocation Europe.
The 'Heads of Agreement' document was signed by all parties. Work is now underway to draw up the necessary legal documents to give effect to the agreement. Please email the WCC Vestry and/or the WCC SCIO vestry if you would like more information.
22 August 2022
ACE - the Anglican Convocation Europe accepted the request of WCC SCIO to become affiliated to ACE.
October 2022 - update
January 2023
Proposed changes to the WCC Constitution designed to facilitate the separation of WCC from the SEC have now been agreed in principle. The next step is for WCC members to vote on the new wording. The revised constitution will then be submitted to the Bishop for assent, in accordance with Article 26 of the WCC constitution.
The revised constitution can be found below; this is the definitive document to be voted upon.
For information, a marked up version is also provided showing the changes between the current WCC Constitution (2014) and the proposed new Constitution.
January-February 2023
At two Special Members Meetings, WCC members voted to accept the revised Constitution. It has been submitted to the Bishop for assent, in accordance with Article 26 of the WCC constitution.
4 December 2023
The Bishop has assented to the changes in the WCC Constitution, and ownership of the church assets, including the building and site, has been transferred to
Westhill Community Church SCIO. The church now carries out the Christian mission and service independent from the governance of the Scottish Episcopal Church. See below for the text of a Joint Announcement by WCC and the Diocese. The remaining steps in the process are for OSCR to approve the winding up of the old WCC Charity, and for the Diocesan Synod to confirm it.
7 December 2023
OSCR has approved the winding-up of the old Westhill Community Church charity no SC015206 and removed it from the register of charities in Scotland.
2 Mar 2024
The Bishop in synod agreed to 'extinguish the charge' known as Westhill Community Church, former charity no SC015206.
Documents
This page will be updated as WCC proceeds through the OSCR process, and relevant documents will be added as they become available.
Progress report
8 June 2019
Changes to the existing constitution and a constitution for the new SCIO have been agreed with the WCC leadership and vestry, and checked by the legal advisers. The congregation will be asked to vote on the changes to the existing constitution at two special members' meetings provisionally scheduled for Thursday 29 August and Thursday 3 October.
Update 6 /8/19: These dates have slipped; new dates have not yet been set.
9 July 2019
Changes to the existing constitution and the constitution for the new SCIO have been sent to the Diocese.
25 September 2019
The new SCIO Constitution was submitted to OSCR for approval.
31 January 2020
'Westhill Community Church SCIO' granted charitable status by OSCR. Scottish Charity No. SC049910
February 2021
Meetings were held with the Diocese in February 2020, at which both financial and legal aspects were discussed. Progress since then has been hampered by Covid restrictions. It is anticipated that a financial settlement can be reached soon, after which the legal aspects will be progressed.
15 April 2021
Information Session for WCC Members, via Zoom, to review progress. Two documents are available below:- an anticipated timeline for the transition
and an update to the document recommending changes to the WCC Constitution.
22 April 2021
A Special Meeting of WCC Members agreed the proposed financial settlement and ongoing commitments regarding use of the WCC site and building.
10 May 2021
A Special Meeting of WCC SCIO Members agreed ongoing commitments regarding use of the WCC site and building.
September 2021
A ‘Heads of Agreement’, which outlines the issues to be addressed in the detailed legal agreements between WCC/WCC SCIO and the Diocese, is being finalised.
May 2022
Members of WCC SCIO voted to affiliate to ACE - the Anglican Convocation Europe.
The 'Heads of Agreement' document was signed by all parties. Work is now underway to draw up the necessary legal documents to give effect to the agreement. Please email the WCC Vestry and/or the WCC SCIO vestry if you would like more information.
22 August 2022
ACE - the Anglican Convocation Europe accepted the request of WCC SCIO to become affiliated to ACE.
October 2022 - update
- all the principal legal documents for the separation of WCC from the SEC have been drafted and are in the process of being agreed.
- the TUPE process of transferring all WCC staff to the SCIO has started.
- the day to day running of the church is being transitioned from the WCC vestry to the SCIO vestry.
- a complete list of moveable items has been drawn up.
- the WCC vestry will be presenting the new WCC constitution to its members in the near future.
- the financial aspects of the WCC charity are being transferred to the SCIO charity
- further updates on the separation process will be given at the AGM of WCC on 24 November, and of the SCIO on 8 December.
January 2023
Proposed changes to the WCC Constitution designed to facilitate the separation of WCC from the SEC have now been agreed in principle. The next step is for WCC members to vote on the new wording. The revised constitution will then be submitted to the Bishop for assent, in accordance with Article 26 of the WCC constitution.
The revised constitution can be found below; this is the definitive document to be voted upon.
For information, a marked up version is also provided showing the changes between the current WCC Constitution (2014) and the proposed new Constitution.
January-February 2023
At two Special Members Meetings, WCC members voted to accept the revised Constitution. It has been submitted to the Bishop for assent, in accordance with Article 26 of the WCC constitution.
4 December 2023
The Bishop has assented to the changes in the WCC Constitution, and ownership of the church assets, including the building and site, has been transferred to
Westhill Community Church SCIO. The church now carries out the Christian mission and service independent from the governance of the Scottish Episcopal Church. See below for the text of a Joint Announcement by WCC and the Diocese. The remaining steps in the process are for OSCR to approve the winding up of the old WCC Charity, and for the Diocesan Synod to confirm it.
7 December 2023
OSCR has approved the winding-up of the old Westhill Community Church charity no SC015206 and removed it from the register of charities in Scotland.
2 Mar 2024
The Bishop in synod agreed to 'extinguish the charge' known as Westhill Community Church, former charity no SC015206.
Documents
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'Extinction of Charge' - decision of Bishop in synod (2 Mar 2024, pdf file) |
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Joint Announcement
by the Diocese of Aberdeen and Orkney and Westhill Community Church (4 December 2023, pdf file) |
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Revised WCC Constitution (as approved by the Bishop, 4 Dec 2023, pdf file) |
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Constitution of Westhilll Community Church SCIO Scottish Charity No. SC049910 (as approved by OSCR, Jan 2020, pdf file) |
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EARLIER INTERIM DOCUMENTS
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Proposed revision of the WCC Constitution (This definitive clean version replaces all previous versions. Jan 2023, pdf file) |
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Proposed changes to the current WCC Constitution (informal marked-up version for information only, Jan 2023, pdf file) |
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Proposed changes to the current WCC Constitution (Jun 2019, pdf file) |
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Constitution of the new WCC SCIO (as submitted to OSCR, Jun 2019, pdf file) |
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Anticipated timeline for transition (Apr 2021, pdf file) |
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Recommended changes to the current WCC Constitution (update, Apr 2021, pdf file) |
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CONSTITUTION OF WESTHILL COMMUNITY CHURCH SC015206
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Revised WCC Constitution 2023 (pdf file) |
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WCC Constitution 2014 (pdf file) |
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