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 Training Webinar for Presbyteries and Congregations
- Employment Law Guidance
- 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
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
- A Brief Guide to GDPR and Congregational Resources
- GDPR General Guidance for Congregations
- Guidance for Safeguarding Coordinators
- Information Storage and Security Practical Hints and Tips
- FAQs
- Data Audit Form
- Privacy Notice
- Data Protection Policy - Congregations
- Data Retention Policy
- Legitimate Interests Assessment - Congregations
- GDPR Consent Form
- Live streaming Guidance Note
- Breach Notification Form
- Data Security Breach Management for Presbyteries
- Privacy Notice - Presbyteries
- Legitimate Interests Assessment - Presbyteries
- Subject Access Guidance Note
- Subject Access Request Policy
- Subject Access Request Form
- Record of Processing (Presbyteries)
- Record of Processing (Congregations)
GDPR Training Webinar for Presbyteries and Congregations
Employment Law Guidance
- The A to Z of Employment
- Real time Information: Practical Guidance1
- Real time Information: Practical Guidance 2
- Real time Information: Employment Status
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.
- 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 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.
- 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
- Guidance Notes for Congregational Office Bearers
- 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
- Livestreaming guidance
- The Church and Alcohol
- Theatre and Public Entertainment Licences
- Trees
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
- Letting of manses and other houses
- Letting of church premises to non-church bodies
- Letting of church premises 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).
Further information
Contact the Law Department for more information at lawdept@churchofscotland.org.uk