THE TRUSTEES FOR METHODIST CHURCH PURPOSES and THE CONNEXIONAL TEAM

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Legal Matters

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

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

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
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

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
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

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Occupation Licences
• Joanne Broadbridge
• Senior Legal Officer

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Types of Licence
• Standard form for general use
• - by most hirers of Church premises
• Pre-School Use
• Car Parking
• Garden Use

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Licences
• When are they to be used ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Licences
• When could a Licence be a Lease ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Licences
• What type of fee ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Licences
• What about the one-off ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Litigation
• Neville Johnson
• Chief Legal Officer

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Litigation
• Permission is needed
• under Standing Orders
• to commence proceedings, and
• to continue to defend them

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Litigation
• How is the permission obtained ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
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

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Burial Grounds
• Joanne Broadbridge
• Senior Legal Officer

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Burial Grounds
• Creation - dont !!!!

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Burial Grounds
• Can we close a burial ground
• to new burials ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Burial Grounds
• Ashes
• Interment Scattering

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Burial Grounds
• Can we dispose of a burial ground ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Burial Grounds
• Can we continue to inter bodies after we have
  sold a burial ground ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Burial Grounds
• Monuments and Tombstones

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Section 106 Agreements
• Neville Johnson
• Chief Legal Officer

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Section 106 Agreements
• When are they needed ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Section 106 Agreements
• types of obligation
• to provide facilities
• Use of the property
• Use of the money

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Section 106 Agreements
• Who must approve the document ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Section 106 Agreements
• Problems

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Amalgamation of
• Churches and Circuits
• David Phillips
• Legal Officer

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Amalgamation of
• Churches and Circuits
• How can Churches amalgamate ?
• When should they do so ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Amalgamation of
• Churches and Circuits
• Other options ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Amalgamation of
• Churches and Circuits
• How can Circuits amalgamate ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Bequests
• Neville Johnson
• Chief Legal Officer

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Types of Bequest
• Model Trusts
• Permanent Endowment
• Specific Trusts
• Discretionary Trusts

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Model Trust Bequests
• Why are they preferred ?
• Because the gift never lapses

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Permanent Endowment
• Bequests
• Income only can be used
• Can the Managing Trustees ever access the capital
  ?

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Conclusion
• Joanne Broadbridge
• Senior Legal Officer

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THE TRUSTEES FOR METHODIST CHURCH PURPOSESand
THE CONNEXIONAL TEAM

• Legal Guidance Notes to be rewritten
• Any questions ?