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 - GDPR Resources

The General Data Protection Regulation GDPR came into effect in the UK on 25 May 2018. It replaces the existing law on data protection (the Data Protection Act 1998) and gives individuals more rights and protections with regard to how their personal data is used by organisations. Congregations must comply with its requirements, as there are no relevant exemptions for charities or small organisations.

Last updated: May 2018

GDPR Training Webinar for Presbyteries and Congregations

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