Law Department circulars

The following circulars and guidance on issues relating to civil law matters of interest to congregations have been prepared for use by Church of Scotland office bearers.

Whilst those from other denominations and other voluntary organisations are welcome to consult them, they should not regard them as a comprehensive study of the topic concerned, nor as providing legal advice. The circulars should not be treated as a substitute for taking specific legal advice concerning individual situations.

Disclaimer

Please note that The Church of Scotland accepts no responsibility for any loss or liability which may arise from reliance on information or expressions of opinion contained in these Circulars.

Register of Controlled Interest in Land

Office bearers within the Church of Scotland are encouraged to familiarise themselves with guidance on new legislation on Land Registration that comes into effect on 1 April 2024.

It seeks to make land ownership in Scotland more transparent, enabling the public to identify those who ultimately make decisions, but presents a challenge for the Church due to the unique legal structure of congregations and reliance on volunteers.

Properties which are held in the name of local trustees, whether they are owned or on long term lease, must be registered. Properties where title is held in the name of the General Trustees are not caught by the legislation.

Responsibility for registering land ownership lies with the "Recorded Person" and after 1 April 2024 any changes must be done within 60 days and unless they have a reasonable excuse, it is an offence if they fail to comply with their duties.

Bribery act

Charity law

Constitutions

Data Protection Resources

The UK General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 and other related privacy laws govern how personal data can be processed by organisations. It provides a framework of rights and protections for individuals (data subjects) with regard to how their personal data is used by organisations. Presbyteries and Congregations must comply with legal requirements of data protection laws, as there are no relevant exemptions for charities or small organisations.

Last updated: January 2024

Employment Law Guidance

Contracts in the name of the Congregational Board

Please note that the following contracts of employment are only for congregations with a congregational board constituted in terms of the Model Deed of Constitution. Two styles of contract for an organist are given depending on whether the post includes regulated work with Children and Young People as defined in the Protection of Vulnerable Groups Act 2007. Further information is given about this in the notes attached to the styles.

These downloads should only be used by Church of Scotland office bearers.

Contracts in the name of the kirk session

Please note that the following contracts of employment are for congregations which are constituted under the Unitary Deed of Constitution or Quoad Omnia Constitution. Two styles of contract for an organist are given depending on whether the post includes regulated work with Children and Young People as defined in the Protection of Vulnerable Groups Act 2007. Further information is given about this in the notes attached to the styles.

These downloads should only be used by Church of Scotland office bearers.

Equality, Diversity and Inclusion

The template Equality, Diversity and Inclusion policy is an example which a congregation may adapt as required to meet its needs, particularly if seeking funding from an organisation that stipulates that the congregation must have such a policy as a pre-condition of any funding. It is important to bear in mind that it is not unlawful under the Equality Act for a congregation to apply a genuine occupational requirement that certain roles are performed by people with a Christian faith, or in certain prescribed circumstances to apply particular requirements relating to the protected characteristic of sexual orientation. Before doing so, advice should be sought from the Law Department (LawDept@churchofscotland.org.uk).

General

For Charity Trustees liabilities and OSCR and Offerings, donations and gifts - see also section on charity law

Guidelines for use of property

Health and safety

Letting property

Lobbying Act

Rates, water charges and council tax

Whistleblowing

Churches' Legislation Advisory Service

The Church is a member of the Churches' Legislation Advisory Service (CLAS), a UK interdenominational body which responds on behalf of its members to Government consultations and provides information on the impact on churches of legislation. It provides a range of circulars on its website (Please note these deal in particular with UK and English and Welsh issues).

Practical guidance for uniting congregations

Further information

Contact the Law Department for more information at lawdept@churchofscotland.org.uk