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.
- Bribery Act
- Charity law
- Constitutions
- Data Protection
- Employment law and contracts of employment
- General
- Guidelines for Use of Property
- Health and safety
- Letting Property
- Lobbying Act
- Rates, water charges and council tax
- Churches' Legislation Advisory Service
Bribery Act
- Bribery Act
- Bribery and Procurement Draft Policy
- The Bribery Act - Assistance for Presbyteries and Congregations
Charity law
- Change of Names for Presbytery Clerks
- Charities reference in documents regulations
- Charities - remuneration for services
- Charity Law Overview for Church of Scotland Congregational Office Bearers
- Charity Trustees liabilities and OSCR - Update
- Guidance for Completion of OSCR Annual Returns
- Offerings, donations and gifts
- Restricted Funds Reorganisation
Constitutions
- Model Deed of Constitution (including amendments approved by General Assembly of 2017)
- Unitary constitution (including amendments approved by General Assembly of 2016)
- Unitary constitution: guidelines
Data Protection
GDPR Resources - and watch out for more coming soon
- GDPR General Guidance for Congregations
- Data Retention Policy
- Data Security Breach Management for Presbyteries
- Data Audit
- Privacy Notice
- Style Consent Form suggested wording
Data Protection Act 1998
- Introduction
- Guidance Note
- Information Storage Practice Hints and Tips
- Draft Policy
- Training and Webinar
- FAQs
- Breach Notification Form
- Style risk Assessment Form
- Style Letter
Employment Law and Contracts
- The A to Z of Employment
- Real time Information: Practical Guidance1
- Real time Information: Practical Guidance 2
- Real time Information: Employment Status
Contracts for congregational boards
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.
- Contract for position as church officer
- Contract for position as church officer
- Contract for position as church cleaner
- Contract for position as church cleaner
- Contract for position as church organist (non PVG)
- Contract for position as church organist (non PVG)
- Contract for position as church organist (PVG)
- Contract for position as church organist (PVG)
- Contract for position as church secretary
- Contract for position as church secretary
- Contract for position as youth worker
- Contract for position as youth worker
Contracts in the name of the kirk session
Please note that the following contracts of employment are for congregations which are not constituted under 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.
- Contract for position as church officer
- Contract for position as church officer
- Contract for position as cleaner
- Contract for position as cleaner
- Contract for position as church organist (non PVG)
- Contract for position as church organist (non PVG)
- Contract for position as church organist (PVG)
- Contract for position as church organist (PVG)
- Contract for position as church secretary
- Contract for position as church secretary
- Contract for position as youth worker
- Contract for position as youth worker
General
- Charity Trustees liabilities and OSCR (see also section on charity law)
- Crofting Register
- Freedom of Information within the Church - Guidance Notes
- Landfill tax credit
- Marches and parades
- Minibus permits
- Offerings, donations and gifts (see also section on charity law)
- Pensions Auto Enrolment
- Ultra Long leases
Guidelines For Use of Property
- Contract for Filming in Church
- Contract for Filming in Church
- Disabled parking spaces
- The Church and Alcohol
- Theatre and Public Entertainment Licences
Health and safety
- Arson Major Threat to Places of Worship
- Asbestos management
- Food safety legislation
- Food Labelling Law Changes Dec 2014
- Health and Safety during Construction works
- Health and Safety - General Guidance
- Health and safety policy statement
- Health and safety policy statement
Letting Property
- Hire of church premises – single event
- Hire of church premises – single event
- Letting of manses and other houses
- Letting of church halls to non-church bodies
- Letting of church halls to non-church bodies
- Protected Adults Clause
Lobbying Act
Rates, water charges and council tax
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).
Contact for more information
Contact the Law Department at lawdept@churchofscotland.org.uk.