261 General

261.1 Preamble

When a Cooperative Venture finds that the reason for their Common Provisions agreement no longer serves the purpose for which it was intended or the circumstances of the parish have changed significantly they may consider dissolving this agreement. If there is general agreement that this be the case then the procedure as set out in clauses 261.2 onwards shall be followed.

If there are difficulties being experienced within the parish the procedures as set out in section 262 shall be followed.

261.2 Initiative

A recommendation to consider dissolution of the agreement may be reached on the initiative of either

i) the parish council/session, which would bring the recommendation, along with supporting, reasons for the dissolution, to the JRC for their agreement or suggestions for an alternative solution.

If the JRC agrees that dissolution processes should continue they notify the parish and the processes as set out at Section 261.3 continue.

ii) or the JRC, which would invite the parish to consider the possibility of the dissolution of their agreement and the processes continue as set out below.

261.3 Dissolutions due to changed purpose or circumstances of the parish

The parish council/session may resolve to request the Joint Regional Committee to set up a commission to discuss the question with a congregational meeting in the parish. The JRC shall notify the regional courts and set up a representative commission of not less than two members.

a) The commission meets with the congregation and should that meeting reach a decision that dissolution of the agreement is appropriate then the following steps shall be taken.

i) The JRC shall, as close to seven days after the meeting as possible, communicate the terms of the resolution to each of the regional courts (in the case of the Congregational Union the regional court shall be taken to mean the church meeting which decides all matters) of the Partners.

ii) On receipt of replies from each regional court the commission shall consider these replies and all other relevant information and report to the Joint Regional Committee.  The JRC may either defer dissolution pending further discussion; or set the soonest possible date for the agreement to be considered to be dissolved.  In either case the JRC shall advise the Partners and parish council accordingly.

The commission shall act with the parties to wind up the agreement in accordance with 251.2 of the property clauses or any Deed of Trust.

261.4 Records

a) Ownership. On dissolution of the agreement, the participating Partners that are involved in the agreement jointly own the records and archives.

b) Responsibilities of JRC  The JRC will oversee the gathering of past and current records (see 443.3) The parish will provide a list of all the records to the JRC who will advise the Records and Advisory Committee and will oversee the deposit of the collection  of archives in the approved repository (see 444.3 and 444.4)