Church of Scotland (Properties and Investments) Order Confirmation Act 1994

Part III Church of Scotland Investors Trust

Incorporation

13 Subject to the provisions of this Order the following 14 members of the Church viz:

• Alan Archibald Aitchison

• Charles Morrison Burnet

• Rupert Gavin Burnett B.Com., C.A., F.C.M.A.

• William Donald Bruce Cameron C.A.

• Thomas Young Darling M.A., F.I.C.E., A.C.I.I.

• John Brian Michael Dick A.C.I.B.

• Donald Mackenzie Fortune C.A.

• David Jeffrey Kirkpatrick F.F.A.

• Thomas Macgill

• David Douglas McKinnon B.Sc., F.F.A., F.I.M.A.

• Andrew David Monteath O.B.E., T.D., C.A.

• Robert Weir Spittal F.F.A., A.I.A.

• Cecil Henry Stout O.B.E., Ph.D., B.Com., I.P.F.A.

• Gerrard Webster Tait

and the survivors of them and their successors in office and any additional members to be nominated and appointed as hereinafter provided (all hereinafter referred to as “members of the Investors Trust”) shall be and are hereby incorporated by the name of “The Church of Scotland Investors Trust” and by that name shall be a body corporate.

Qualification of members

14 Only a member of the Church shall be eligible to be a member of the Investors Trust and if a person who is a member of the Investors Trust ceases to be a member of the Church he shall thereupon cease to be a member of the Investors Trust.

Roll of members

15 (1) The secretary of the Investors Trust shall keep a roll of the members of the Investors Trust and shall enter in it the names of the members of the Investors Trust stated in section 13 (Incorporation) of this Order in the same order as they appear in that section and the names of all persons who are appointed or co-opted as members of the Investors Trust in terms of this Order in the order in which they are appointed or co-opted.

(2) When a person ceases to be a member of the Investors Trust the secretary of the Investors Trust shall amend the roll accordingly and when a person is re-appointed as a member of the Investors Trust the secretary shall re-enter his name in the roll after the names of the other members of the Investors Trust.

Retirement of members

16 (1) Three members of the Investors Trust other than the chairman and vice-chairman shall retire annually on 31st May each year but shall be eligible for reappointment by the General Assembly as hereinafter provided.

(2) The order in which the members of the Investors Trust named in section 13 (Incorporation) of this Order shall retire shall be the order in which their names appear in that section and the order in which any other members of the Investors Trust to be appointed hereafter shall retire shall be the order in which they are entered as a member of the Investors Trust on the roll of members of the Investors Trust after the date of their appointment.

Appointment and removal of members

17 (1) The Investors Trust shall report to the General Assembly all vacancies in its membership and may nominate persons for appointment by the General Assembly to fill any vacancies.

(2) The General Assembly shall appoint or reappoint three persons to be members of the Investors Trust in place of the three members of the Investors Trust retiring in terms of this Order.

(3) If a member of the Investors Trust dies, resigns or becomes disqualified or is removed from office, the General Assembly shall have power to appoint another member of the Investors Trust.

(4) Subject to the provisions of subsection (6) of this section, the General Assembly shall have power to appoint persons to be additional members of the Investors Trust beyond the number specified in section 13 (Incorporation) of this Order.

(5) Subject to the provisions of subsection (6) of this section, the Investors Trust may at any time co-opt persons to be additional members of the Investors Trust provided that any person so co-opted shall not remain a member of the Investors Trust after the next meeting of the General Assembly unless his co-option is then ratified by the General Assembly.

(6) The number of members of the Investors Trust shall not exceed 20.

(7) The General Assembly shall have power to remove any member of the Investors Trust from office.

Appointment of chairman and vice-chairman

18 (1) The Investors Trust shall whenever necessary appoint from among the members of the Investors Trust a chairman and vice-chairman who shall hold office for a period of four years from the date of such appointment subject to such conditions as the General Assembly may from time to time determine and provided that the chairman and vice-chairman shall not remain chairman and vice-chairman respectively after the meeting of the General Assembly next following their appointment unless their appointment is then ratified by the General Assembly.

(2) The General Assembly shall have power to renew or extend such appointments or either of them for a period not exceeding four years.

Treasurer

19 (1) The general treasurer of the Church shall ex officio be the treasurer of the Investors Trust.

(2) In the event of a vacancy in the office of general treasurer of the Church, the Investors Trust shall appoint for its own purposes an interim treasurer to fill the vacancy who shall vacate office immediately upon a general treasurer of the Church being appointed.

Secretary

20 The Investors Trust shall appoint a secretary who shall keep minutes of all meetings of the Investors Trust and also a record of all deeds and documents to which the seal of the Investors Trust has been affixed.

Meetings of Investors Trust

21 (1) The secretary of the Investors Trust, whom failing the treasurer, shall call all meetings of the Investors Trust and shall also call a meeting of the Investors Trust upon being requested in writing to do so by no fewer than five members of the Investors Trust.

(2) Not less than five days’ notice shall be given for a meeting of the Investors Trust.

(3) At all meetings of the Investors Trust three shall be a quorum and any meeting at which a quorum is present shall be competent to exercise all or any of the authorities, powers and discretions exercisable by the Investors Trust.

(4) In the absence of the chairman and vice-chairman from any meeting of the Investors Trust those members of the Investors Trust who are present shall appoint a chairman for the meeting.

(5) The chairman presiding at any meeting of the Investors Trust shall in the event of an equality of votes have a casting vote in addition to his deliberative vote.