Who is responsible for congregational health and safety?

Under civil law, the Charity Trustees of a congregation are collectively responsible for ensuring that there are adequate provisions in place for health and safety. This means that if a concern regarding health and safety is raised with the General Trustees, local authority or the HSE, all Charity Trustees are accountable. This should not lead to personal liability unless a trustee acts in a grossly negligent (or criminal) manner. This should never be found to be the case, particularly where trustees have followed the guidance contained in this Toolkit.

The Charity Trustees of a congregation are the minister and elders who form the Kirk Session, as well as the members of the Financial Board (if there is a separate one), which may also be known as the Congregational Board, Deacons' Court or Committee of Management, depending on the constitution of the congregation. For ease, we will refer to the congregational governing body as the Charity Trustees throughout this toolkit. This includes the Kirk Session, for congregations operating under the Unitary Constitution.

In terms of Church law, the Unitary Constitution places on the Kirk Session the responsibility for discharging all duties imposed by health and safety and other civil law legislation relating to congregational properties. Whilst there is no equivalent (explicit) provision for health and safety duties in the Model Deed of Constitution, it requires the Financial Board to set up a Fabric Committee to take care of congregational buildings. By extension, responsibility for these duties within congregations operating under the Model Deed also ultimately lies with the Charity Trustees.