The Constitution is the basis on which an organisation exists (purpose, structure, powers), while the Terms of Reference are the additional rules and procedures which enable the organisation to operate and carry out its activities more effectively. A few colourful images spring to mind. The Constitution is the foundation, the Terms of Reference are the superstructure built on the foundations. Or the Constitution is the skeleton, while the Terms of Reference are the flesh and organs which enable the body to live and breathe – shades of Ezekiel 37!

The Terms of Reference cannot stray outside the boundaries set by the Constitution; they can only supplement what the Constitution offers. The Terms of Reference will therefore be dependent on the Constitution, and will reflect its provisions, and will no doubt repeat or re-state some or all of the elements in the Constitution. Consequently, the division between Constitution and Terms may not always be clear. Indeed, some bodies may produce Terms of Reference which actually or implicitly include their constitutional basis, without spelling this out in a separate statement of that constitutional basis.

In the case of SACREs, their Constitution is essentially laid down by law, with the LA having the power to add some details, after consultation, eg the numbers and specific parent bodies for members in the four Committees; also, the route for appointing a Chair. The law requires SACREs to produce an Annual Report and to review their AS every five years. Changes to the AS must be agreed unanimously by a positive vote from each of the four Committees of the parallel ASC. These legal constraints are unnegotiable, of course.

Terms of Reference typically add to the Constitution of SACREs by dealing with such areas as quoracy, formal decision-making, vice-Chair, co-options, time and location of meetings, persistent non-attendance, budget, power to act, clerking, minute-taking and distribution, calling of meetings and preparatory documentation, and so forth. These Terms of Reference need to be endorsed by and agreed with the LA, but can be re-negotiated at any time. The LA's provisions in exercising its discretionary responsibilities within the legal framework are also re-negotiable in principle, eg should a significant faith community, previously unrepresented on the SACRE, emerge within the LA.

It would normally be the case that the SACRE will routinely be monitoring its membership and its procedures, and will take the initiative if it perceives that it would be desirable to amend its Terms of Reference or membership. It will then consult with the LA to seek formal endorsement of the proposed changes. It would be good practice in any case to sustain a healthy working relationship with the LA's legal department, so as to ensure that the SACRE as fully as possible is fulfilling the letter and the spirit of the law (and perhaps in reverse to enable the LA and its legal department to be fully clued up about their responsibilities in relation to SACREs!).

The NASACRE executive