Privacy + Policies

This Privacy Policy covers the way in which the congregation of Banchory-Ternan West Church of Scotland will use and disclose personal information that members, employees, volunteers, donors and other associates may provide us with.

Personal information includes any information that identifies you personally, such as your name, address, email address or telephone number.

The congregation recognises the importance of your privacy and personal information and we have therefore outlined below how the congregation collects, uses, discloses, and protects this information. We are registered with the Information Commissioner through the umbrella registration of Kincardine & Deeside Presbytery and strive to comply fully with data protection law.

How We Collect Information

The congregation receives and stores personal information provided by members, employees, volunteers, donors and other associates. This information can be supplied to us:

• in writing or via email, by telephone conversation or on our website; or

• by otherwise associating with the congregation or its organisations; or

• when donating money to the congregation or its organisations.

We may also receive information about you from third parties.

How We Use Information

We may use the information we collect:

• in connection with membership records, for pastoral care purposes or in relation to your participation in our activities;

• in order to fulfil individual employment contracts with our employees or for agreements with volunteers;

• in order to communicate with you, for example, by providing you with information relating to our work or new developments;

• in order to further our charitable aims, for example, our fundraising activities;

• for internal administration, for example, accounting purposes or for analysing how we may better advance the Kingdom of God.

Disclosure of Information

The congregation may require to share personal information held for a number of reasons including to provide pastoral or other assistance, process donations or carry out any other contractual obligations.

This data may be disclosed to:

• Presbytery;

• other bodies within the Church of Scotland;

• relevant agents and third parties;

• employees and/or volunteers including the charity trustees/ office bearers.

The congregation does not permit these parties to use such information for any other purpose than the foregoing.

The congregation may also need to disclose your information if required to do so by law.

Your Consent

By providing us with your personal data, including sensitive personal data such as on your health, you consent to the collection and use of any information you provide in accordance with the above purposes and this privacy statement.

Storage and Security of Personal Information

The congregation via its office bearers and employees will use all reasonable endeavours to ensure that personal information is held in a secure and confidential environment and when the information is no longer needed it will be destroyed or permanently rendered anonymous.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like a copy of the information held on you, please contact the Session Clerk.

Any information found to be incorrect will be corrected as quickly as possible. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email as soon as possible to the address below:

The Church Administrator,

The Church Office,

Banchory West Church,

High Street,

Banchory

AB31 5TB

Church of Scotland Safeguarding Policy Statement

Ensuring a Safe Church for All

The Church of Scotland has a deep concern for the wholeness and wellbeing of each individual. Through its Congregations, working together with the Safeguarding Service and statutory agencies, the Church seeks to safeguard the welfare of all people who come into contact with the Church and its services.

The Gospel proclaims that it’s the responsibility of everyone within the fellowship of the Church to prevent harm, be it physical, sexual or emotional, and we will always seek to reduce risk.

The Church’s commitment to safeguarding reminds us that God cares passionately about the welfare and wellbeing of all people.

Further details of the Church’s theology of Safeguarding can be found in the For of Such is the Kingdom of Heaven General Assembly Report, May 2009.

Appendix 1: Code of Good Safeguarding Practice

What is the Code of Good Safeguarding Practice?

This Code of Practice is a checklist, or set of standards, of what good safeguarding practice looks like.

It is for all paid staff, volunteers and those in positions of leadership and pastoral responsibility in the Church who have a responsibility for organising, managing or providing care and support to children and adults at risk.

The ‘Church’ means congregations, all Ministries and CrossReach services.

This Code of Good Safeguarding Practice will ensure that all those within the Church who work with children and adults at risk follow the same standards of safeguarding practice. It demonstrates a commitment by the Church to the safety, well-being and care of children and adults at risk of harm.

This Code is a working document and, unlike the Safeguarding Policy Statement, not for display in Church buildings or CrossReach services.

This is what the Church expects to see in place.

Code of Good Safeguarding Practice 2018

Policy

The Church of Scotland is committed to ‘Ensuring a Safe Church for All’. All churches must use and display The Church of Scotland Safeguarding Policy Statement.

Paid staff and volunteers, through the provision of safe and appropriate standards of care, will minimise the likelihood of harmful situations occurring.

The Church will respond to the needs of victims of harm or abuse as appropriate and ensure as far as possible that the person can feel safe in the Church community.

Recognising and reporting harm or abuse

The Church has clear written procedures for responding to witnessed, suspected or reported harm or abuse. These can be found in the Publications section of the Safeguarding Service website. The Church’s key message about recognising and reporting harm or abuse is:

If you suspect or witness harm or abuse, or it is reported to you, you must immediately report it to your Safeguarding Coordinator or, for CrossReach services, your line manager.

Paid staff and volunteers in the Church will use the 4 Rs of Safeguarding: being able to recognise harm or abuse, ensuring that it is reported to the Safeguarding Coordinator or Line Manager, recording the details in writing and referring on to social work and the police in appropriate cases.

Confidentiality: information about a person who has allegedly been harmed, or is at risk of harm, can be shared without their permission if they, or others, are at risk of harm.

Safe recruitment and management

Every congregation must have a formally recruited Safeguarding Coordinator. Some congregations may choose to have more than one to share the work and responsibility.

All paid staff and volunteers working with children or protected adults, as defined in the Protection of Vulnerable Groups (Scotland) Act 2007 or the Safeguarding Vulnerable Groups Act 2006, must be formally and safely recruited. This means:

• Every post must have a written job description

• Applicants must be interviewed, provide two references (which must be followed up) and also have a PVG Scheme Record (Scotland) or DBS Certificate (England, Channel Islands and Wales) and have been cleared by the Safeguarding Service to take up regulated work or regulated activities

It is an offence for organisations to employ individuals whose name appears on a barred list.

When recruiting individuals who were born outside the UK or who have lived outside the UK to undertake regulated work with children or protected adults, there are two issues to consider.

The first is confirming someone’s identity by ensuring robust recruitment practices are in place and that suitable references are pursued.

The second is ensuring that appropriate police checks have been undertaken in the country they were born and/or resided.

The onus is on the individual to provide details of their criminal conviction history from their home country or countries of previous residence.

All volunteers should receive one-to-one supervision with the person to whom they are responsible.

All volunteers and paid staff should attend Church of Scotland safeguarding training as meets the needs of the post holder.

Training is mandatory for those undertaking regulated work. More information about training courses can be found on our training page.

All paid staff and volunteers, with suitable training and support, must be able to recognise harm and abuse and be confident enough to report it to their Safeguarding Coordinator or, for CrossReach services, their line manager.

If allegations of harm against a paid member of staff are found to be unsubstantiated but there are good grounds for believing that the person continues to pose a risk, ‘compromise agreements’ should not be used to end the person’s employment. A compromise agreement is where a person agrees to resign, the employer agrees not to pursue disciplinary action and both parties agree a form of words to be used in any future reference.

A referral may need to be made to Disclosure Scotland in respect of the individual.

Paid and volunteer posts should have a Code of Conduct so that workers are clear about expected behaviour (what is said and done and to ensure appropriate boundaries between themselves and children and adults at risk).

Working with sex offenders known to congregations

When it is known or suspected that there is a convicted sex offender in the congregation, or someone under investigation for sexual offences, this information must be reported to The Church of Scotland Safeguarding Service.

The Safeguarding Service will then provide full advice and support with setting up a Covenant of Responsibilities to ensure the person’s safe inclusion in the life of the Church should that be appropriate. For more information, see Chapter 6 – Managing those who pose a risk.

Responsibilities

Employees and volunteers of the Church must follow verbal and written advice provided by the Church’s Safeguarding Service in cases where harm is witnessed, suspected or reported

Every congregation must appoint a Safeguarding Panel. This can comprise of the Minister, the Safeguarding Coordinator plus one or more other people with a suitable understanding of or professional background in safeguarding. Some congregations may choose not to have the Minister on the Safeguarding Panel as this could present a conflict of interests if pastoral support is also required for the victim and/or the perpetrator.

Kirk Sessions will ensure that all paid staff and volunteers working with children and adults at risk know what the Church’s Safeguarding Policy is and receive appropriate safeguarding training.

An appropriate level of safeguarding training will be provided for Presbytery Safeguarding Trainers, Safeguarding Coordinators, Kirk Sessions, Presbytery and Parish Workers and paid staff and volunteers in congregations and all staff in CrossReach services.

Conflict of Interest Policy

1. Introduction

1.1 Conflicts of interest affect all types and size of organisations. In a charity context, a conflict of interest can inhibit free discussion, and can lead to decisions which are not in the best interests of the charity and which are invalid or open to challenge. Conflicts of interest can also be damaging to a charity’s reputation and to the public’s confidence and trust in charities in general.

1.2 Charity trustees have a primary duty in terms of S.66 of the Charities and Trustee Investment

(Scotland) Act 2005 to act in the best interests of the charity at all times.

1.3 Members of the Kirk Session are the charity trustees of the congregation

1.4 On occasion, trustees can find themselves in a situation that may give rise to conflicts of interest, whether potential or actual, perceived or alleged. Where trustees can identify a conflict and measures can be put in place to prevent the conflict affecting decision-making then the harmful effects of a conflict of interest can be prevented. The proper handling of conflicts of interest is an essential part of good decision-making by trustees.

1.5 This policy has been developed to provide guidance to all trustees regarding conflicts of interest in order to avoid any actual or potential conflicts of interest, perception of bias or misuse of authority, and to ensure and evidence that all decisions by individual trustees on behalf of the congregation are taken only in the best interests of the congregation at all times

2. Scope and purpose

2.1 This policy applies to all trustees of the congregation and to all bodies, groups and committees meeting under the auspices of the congregation. All individuals in the congregation who are involved in management of its affairs to a greater or lesser extent but are not members of the Session can be seen as “shadow trustees” and are subject to the same duties as the trustees. Where the word “trustee” is used in this policy it covers both charity trustees and shadow trustees.

2.3 The congregation is committed to ensuring that all trustees act in its best interests at all times. This policy aims to provide guidance to those involved in management and decision-making and seeks to ensure that all trustees are seen to be acting in accordance with well recognised rules of good governance.

2.5 It is inevitable that conflicts of interest will arise. This policy aims to ensure that any conflict is identified and managed appropriately.

2.6 It is the responsibility of each individual to recognise situations in which he or she has a conflict of interest, or might reasonably be seen by others to have a conflict, to disclose that conflict to the appropriate person and to take such further steps as may be appropriate as set out in more detail under the procedure below.

2.7 If an individual is uncertain about how this policy might affect his or her activities or has any questions about its application, he or she should contact the Law Department.

3. Conflict of Interest

3.1 What is a conflict of interest?

3.1.1 A conflict of interest is any situation in which a trustee’s personal interests or loyalties could, or could be seen to, prevent the trustee from making a decision only in the best interests of the congregation.

3.1.2 A conflict of interest arises when the interests of a trustee (or a person closely connected to them, whether by family or business) are incompatible or in competition with the interests of the congregation. Such situations present a risk that trustees will make a decision based on external influences and that such a decision will not be in the best interests of the congregation.

The most common types of conflict include:

• direct financial interest – where there is, or appears to be, an opportunity for personal financial gain

• indirect financial interest – the financial gain of a close relative or close friend or business associate

The level of financial interest should not be a determining factor in deciding whether a conflict should be disclosed. The congregation expects disclosure of any financial interest, however small.

• non-financial or personal conflicts - a non-financial interest can take many forms and is generally one where there is, or appears to be, an opportunity for personal benefit, advantage or enhancement to prospects for the individual (direct), or similar gains to someone in their immediate family or a person with whom the individual has a close personal relationship (indirect)

• Conflicts of loyalties – a particular type of conflict of interest in which a trustee’s loyalty or duty to another person or organisation could prevent the trustee from making a decision only in the best interests of the congregation.

3.1.3 A conflict of loyalty may arise where a trustee is also a charity trustee or member of another body (such as, for example, a local community group) if that could (or could be seen to) interfere with their ability to make decisions only in the best interests of the congregation. In such circumstances, a trustee must act at all times only in the best interests of the congregation in carrying out their trustee role, regardless of how decisions made in that role may impact on the other body.

3.1.4 The interests of the congregation will for the most part be consistent, or complementary, but it is inevitable that on occasion a conflict will arise. Whether a conflict of loyalty is of such low risk that the affected trustee can participate in the decision is a judgement for the trustees and will depend on the particular decision and circumstances of the case. It will often be the case that the potential damage that could be caused by any conflict is so minimal that it can be managed without any

difficulty. The trustees must take all relevant factors into account and be ready to explain their approach if asked to do so.

3.2 Recognising and disclosing conflicts of interest

3.2.1 All trustees are required to recognise and disclose activities that might give rise to conflicts of interest, or the perception of conflicts of interest, at the earliest opportunity. This allows the other trustees to consider the issue of the conflict of interest to ensure that any potential effect on decision-making is eliminated and to demonstrate that their decision was made only in the best interests of the congregation. If properly managed, activities can proceed as normal whilst at the same time upholding the trustees’ obligations to the congregation, meeting regulatory and other external requirements and protecting the integrity and reputation of the congregation. By contrast, conflicts which are not managed effectively may jeopardise the congregation's public standing and may cause serious damage to the reputation of the congregation and of the individuals concerned. It is therefore the congregation's policy to ensure that when conflicts or perceived conflicts of interest arise they are acknowledged and disclosed.

3.2.2 There can be situations in which the appearance of conflict of interest is present even when no conflict actually exists. It is important for all trustees when evaluating a potential conflict of interest to consider how it might be perceived by others. The duty to declare a possible conflict applies to the perception of the situation as much as to the actual existence of a conflict. When deciding whether such an interest is present, trustees should ask themselves whether a reasonable member of the public, with knowledge of all of the relevant facts of the situation, would think that their judgement might be prejudiced or influenced by their private or personal interest. This is an objective test. Trustees must not decide whether they would take a decision without prejudice, but whether they could be seen as doing so.

3.2.3 There may, exceptionally, be circumstances in which a conflict cannot be satisfactorily managed. In such circumstances the trustees should remove the conflict by not proceeding with a proposed course of action; by proceeding in a different way so that the conflict does not arise; or by not appointing a particular trustee or requiring the resignation of a trustee.

4. Procedure

4.1 It is the duty of every trustee to disclose any conflict of interest or any circumstances that might reasonably give rise to the perception of conflict of interest. The following procedure should be followed to ensure that conflicts of interest are identified at as early a stage as possible and that, once identified, action is taken to ensure that the conflict of interest does not give rise to a situation where decisions are taken by trustees which are, or could be perceived as being, not in the best interests of the congregation.

4.2 New trustees will be informed before they are appointed that they will be expected to adhere to this conflict of interest policy and a copy of the policy will be provided to them.

4.3 Disclosure

4.3.1 Any failure to disclose a potential, actual or perceived conflict of interest is a serious issue.

A trustee who fails to disclose a potential, actual or perceived conflict will have failed to comply with their statutory duty.

4.3.2 There should be a standard agenda item at the beginning of each Kirk Session meeting to declare any potential, actual or perceived conflicts of interest.

4.3.3 A trustee should declare any interest which he or she has in an item to be discussed, at the earliest possible opportunity and before any discussion of the item itself. If a trustee is uncertain whether he or she is conflicted he or she should err on the side of openness, declaring the issue and discussing it with the other trustees.

4.3.4 If a trustee is aware of an undeclared conflict of interest affecting another trustee they should notify the other trustees or the Chair. All trustees have a collective responsibility to manage conflicts and to act clearly in the congregation’s best interests.

4.4 Managing conflicts of interest

4.4.1 If a potential, actual or perceived conflict of interest is identified the trustees must act only in the best interests of the congregation. This means the trustees must consider the issue of the conflict of interest so that any effect this may have on good decision-making is eliminated.

4.4.2 In deciding whether a conflict of interest exists trustees must consider the following:

• Has the decision been taken in the best interests of the congregation?

• Does the decision protect the reputation of the congregation?

• What impression does the decision have on those outside the congregation?

• Can the trustees demonstrate that they have made the decision in the best interests of the congregation and independently of any competing interests?

• Does the presence of a conflicted trustee inhibit free discussion and influence the decision-making process in any way?

4.4.3 Where the trustees decide that there is a potential, actual or perceived conflict of interest the conflicted trustee should not participate in the decision-making process.

4.4.4 The conflicted trustee should withdraw from the meeting prior to discussion of the item.

4.4.4 A meeting may be had to provide any information necessary to help the remaining trustees make a decision in the best interests of the congregation.

4.4.6 A conflicted trustee should not take part in any vote on the item which is the subject of the conflict

4.5 Recording

4.5.1 In all instances where a potential, actual or perceived conflict of interest is disclosed at a trustees’ meeting the minutes of the meeting should record the trustees’ discussion and the decision taken.

4.5.2 If there is a discussion, the written record of the decision should include:

• the nature of the conflict

• which trustees were affected

• whether any conflicts of interest were declared in advance

• an outline of the discussion

• whether anyone withdrew from the discussion

• how the decision was taken in the best interests of the congregation

5. Consequences of breach

5.1 Where conflicts of interest are not identified or properly managed there can be serious consequences for both the affected trustee and the congregation. Decisions taken may not be valid and could be challenged, and can damage the reputation of the congregation and the trust of the public.

5.2 If the circumstances are sufficiently serious, a failure to disclose a conflict of interest could therefore result in a disciplinary process being engaged.

Whistleblowing Policy

Purpose and Scope

1. The congregation is committed to the principles of openness, probity and accountability. In line with that commitment we expect anyone who has a serious concern about any aspect of our congregational life to voice those concerns in good faith and in line with the following procedure without fear of victimisation, subsequent discrimination or disadvantage.

2. The purpose of this policy is to provide a procedure which enables concerns to be raised if there are reasonable grounds for believing there is serious malpractice occurring or likely to occur. It applies to all employees, contractors, consultants, temporary casual and agency workers within the congregation and the word “employee” is used in this policy to cover all such individuals. It also applies to members and adherents of the congregation. Matters of concern should be raised responsibly through the procedures and guidance as detailed in this policy.

Definition

3. Whistleblowing is when someone knows, or suspects, that there is some wrongdoing involving illegal and/or underhand practices occurring within the congregation and alerts the right person within the congregation, or the relevant authority, accordingly.

4. Employees who engage in whistleblowing are, in certain circumstances, protected by the Public Interest Disclosure Act 1998.

5. This policy does not relate to behaviours, attitudes or circumstances that cause harm, physical, emotional or mental, to another person. Such matters are of the highest concern to the congregation but are covered by the safeguarding policy which should be addressed immediately.

General Principles

6. This policy is designed to deal with concerns raised in relation to the specific issues which are in the public interest and are detailed below), and which fall outside the scope of other procedures (such as a grievance procedure).

7. The policy does not apply to personal grievances concerning an employee's terms and conditions of employment or other aspects of the working relationship, complaints of bullying or harassment, or disciplinary matters. Such complaints will be dealt with under existing procedures on grievance, bullying and harassment and discipline and misconduct.

• The policy deals with specific concerns which are in the public interest in circumstances where an employee or a member/adherent has the reasonable belief:

• that a criminal offence has been committed, is being committed, or is likely to be committed (including financial malpractice or acts of bribery);

• that a person has failed, is failing, or is likely to fail to comply with a legal obligation to which they are subject;

• that the health and safety of any individual has been, is being, or is likely to be endangered;

• that the congregation is attempting to suppress or conceal any information relating to any of the above.

If, in the course of investigation, any concern raised in relation to the above matters appears to relate more appropriately to grievance, bullying or harassment, or discipline, those procedures will be invoked. If the matter is of a less serious nature the employee should always talk to his or her line manager in the first instance.

Roles and Responsibilities

8. Concerns must be raised without malice and in good faith, and the individual must reasonably believe that the information disclosed, and any allegations contained in it, are substantially true. The disclosure must not be made for purposes of personal gain, and in all the circumstances it must be reasonable to make the disclosure.

9. If an employee knows, or suspects, that some wrongdoing is occurring, he or she should raise the matter immediately with their line manager. If the wrongdoing or suspected wrongdoing involves the employee’s line manager, or if the concern is raised by a member/adherent, the concern should be referred to the Session Clerk of the congregation (or to the minister or Interim Moderator if the disclosure relates to the Session Clerk in any respect). Anyone who is informed of potential wrongdoing must take immediate action to ensure the situation is investigated and dealt with as quickly as possible.

10. Efforts must be made to maintain the anonymity of the individual who has made the allegation of wrongdoing.

Procedure and Process

11. Concerns may be raised verbally or in writing and whilst individuals are not expected to prove beyond doubt the truth of an allegation they will be required to demonstrate that there are reasonable grounds for their concern.

12. It is suggested that individuals making a disclosure should set out (One) the background and history of the concern (including relevant dates); and (Two) the reason they are particularly concerned about the situation.

13. Wherever possible, within ten working days the person to whom the disclosure is made should write to the employee or to the member/adherent with the following information:

• an acknowledgment that the concern has been raised;

• an indication of the anticipated method of investigation and resolution if applicable;

• an estimation of how long it will take for the individual to be provided with a final response noting that all investigations shall be completed as quickly as may be practicable in the circumstances;

• advice as to what, if any, initial enquires have been made and what anticipated further investigations will take place.

14. If an investigation is deemed to be required, the Session Clerk (or minister/Interim Moderator if appropriate) shall nominate an individual or individuals to consider the concern and take any steps they deem necessary to investigate the matter. This individual or individuals will conduct a full and thorough investigation. The form the investigation takes will be determined by the nature of the concern.

15. The findings of the investigation will be shared with the Congregational Board or Kirk Session which will then decide if there is a case to answer and what procedure to follow. This may include taking steps with a competent authority, such as the police, for further investigation. The decision may also be that the matter would be more appropriately handled under existing procedures for grievance, bullying and harassment, or discipline.

16. If it is determined that it would not be appropriate to proceed with an investigation or, following an investigation it is determined not to do so, the decision will be explained as fully as possible to the individual who raised the concern, giving the reasons not to take it further. If not satisfied with the decision, it is then open to the individual to make the disclosure to the Presbytery Clerk who may take action if appropriate. This may include appointing an investigator, taking action under Church legislation and/or referring the matter on to another authority, such as the police or local authority.

17. It is recommended that the Church’s Law Department is also contacted so that guidance can be provided if required.

18. If urgent action is required, this may be taken prior to an investigation being undertaken.

19. The employee or member/adherent may be invited to one or more meetings during the investigation depending on the nature of the matter raised, the potential difficulties involved and the clarity of the information provided. The employee may be accompanied by a work colleague or certified trade union representative during any such meetings; a member/adherent may be accompanied by a companion of their choosing.

20. Any other employees that are invited to provide statements should abide by the same principles as the employee or the member/adherent raising the concern.

21. If the concern involves an employee or employees the employee(s) will be told at an early stage of the investigation and of the evidence supporting it, and will be provided with an opportunity to respond during the investigation.

22. Employees and members/adherents raising concerns under this policy need to be assured that the matter has been properly addressed and so they will be kept informed of procedural progress and the outcome of the investigation. It may not always be appropriate to disclose full detail of any action that is taken, but the employee will be informed if action is taken.

Alerting outside bodies to a potential wrongdoing

23. Employees and members/adherents should always, in the first instance, follow this internal procedure about a potential wrongdoing. If they are not satisfied with the response, they are entitled to contact a relevant external body to express the concerns. In doing this they should:

• have a reasonable belief that the allegation is based on correct facts;

• not be making any personal gain from the revelations; and

• make the disclosure to a relevant body. A relevant body is likely to be a regulatory body, and a list of prescribed relevant bodies is available at: https://www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies--2

24. Disclosures to OSCR should be made via the Church’s Law Department. If an employee or a member/adherent is dissatisfied with the congregation’s response under this policy and considers that any matter should be reported to OSCR he or she should contact the Law Department at lawdept@churchofscotland.org.uk in order to take this forward.

Contacting the media

25. The media is not a relevant external body. Employees and members/adherents should never contact the media with allegations. Employees should be mindful that they must maintain the confidentiality of the employer so far as possible.

Protection against detriment

26. Any employee who makes a protected disclosure in terms of the Public Interest Disclosure Act 1998 will be protected from any detriment in relation to any allegations that are made. If the employee does not follow the procedure set out above, which encompasses the requirements of the Public Interest Disclosure Act 1998, the protection against detriment may not apply.

27. Disclosing information in an inappropriate way (e.g. contacting the media or contacting a regulatory body without first raising the matter with the employer as set out in this policy) will constitute gross misconduct and could result in disciplinary action up to and including dismissal being taken against the employee.

Review

28. This policy will be kept under review by the congregation. Any questions regarding its operation should be directed to the Session Clerk in the first instance.