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 officebearers. 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.
- Charity law
- Constitutions
- Employment law and contracts of employment
- Health and safety
- General
- Rates, water charges and council tax
- Churches' Legislation Advisory Service
- Bribery Act 2010
- Bribery Act 2010: guidance note
- Bribery Act 2010: guidance note
- Bribery and procurement policy
- Bribery and procurement policy
Disclaimer
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.
Charity law
- Charities reference in documents regulations updated August 2010
- Charities - remuneration for services
- Charity Law overview for congregational office bearers
- Elders, liabilities and OSCR
- Offerings, donations and gifts
Constitutions
- Model Deed of Constitution (including amendments approved by General Assembly of 2012)
- Unitary constitution (including amendments approved by General Assembly of 2012)
- Unitary constitution: guidelines
Employment law and contracts of employment
- Employment law update (March 2013)
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
Health and safety
- Asbestos at work guidance
- Fire precautions on church premises
- Food safety legislation
- Gas safety regulations
- Health and safety policy statement
- Health and safety and fire safety general
- Oil storage within church properties
General
- Bribery Act 2010
- Bribery Act 2010: guidance note
- Bribery Act 2010: guidance note
- Bribery and procurement policy
- Bribery and procurement policy
- The church and alcohol
- Congregational office bearers' guidance notes
- Data Protection introduction
- Data Protection guidance note
- Data Protection draft policy for congregations
- Disability - equality obligations
- Disabled parking spaces
- Elders, liabilities and OSCR (see also section on charity law)
- Fabric renewal and maintenance: sources of funding
- Freedom of Information within the church
- Landfill tax credit
- Letting of manses and other houses
- Letting of church halls to non-church bodies (updated 27 Jul 2012)
- Letting of church halls to non-church bodies
- Hire of church premises – single event
- Hire of church premises – single event
- Marches and parades
- Minibus permits
- Offerings, donations and gifts (see also section on charity law)
- Pension changes
- Theatres act and public entertainment licences
Rates, water charges and council tax
- Rates, water and sewerage charges and council tax
- Letter to Presbytery clerks - this was been produced following an announcement by the Scottish Government regarding improvements to the water charges exemption
- New water and sewerage charges exemption scheme
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 at www.churcheslegislation.org.uk/home (Please note these deal in particular with UK and English and Welsh issues.)
Contact for more information
Contact the Law Department at lawdept@cofscotland.org.uk.