Practical Guides to Church Law
There are guides, which are kept up to date so far as limited resources permit:
General introduction to Church Law
Finance, Safeguarding and Ministerial Conduct
Useful pointers
Here are excerpts from legislation current at early 2023 to guide you in some of the most relevant areas of law for parish ministry.
Procedural issues
Selecting and appointing elders Act X, 1932.
The Kirk Session shall determine the number of elders required for the oversight of the congregation, and the time when a new election is to take place. The Kirk Session shall determine the mode of election, which may be either by the choice of the Kirk Session itself or by the direct vote of the members of the congregation.
Notwithstanding the fact that an elder is ordained for life, a Kirk Session may determine, in advance, that the admission of any particular elder to membership of the Kirk Session should be for a prescribed fixed term period which may subsequently be extended by agreement of the Kirk Session and with the individual elder.
The Session Clerk shall prepare an edict to be read from the pulpit on two Sundays giving intimation that if any person have objection to the life or doctrine of any of those proposed to be ordained or admitted, such objection shall be given in to the Session at a meeting duly intimated in the edict, to be held not less than seven free days after the edict is first served; and if no objection be given in and substantiated at the time and place of which notice is given, the Kirk Session will proceed with the ordination or admission at the time appointed for it.
Congregational Meetings Act XVIII, 1932
Congregational Meetings are held from time to time, as may be found necessary, by order of the Kirk Session, the Presbytery of the bounds, or a superior Court, or, in the case of meetings specified in Section 4 of this Act, by authority of the Deacons’ Court, Committee of Management, or Congregational Board, as the case may be.
The Interim Moderator in a vacancy shall have power, in virtue of his or her office, to summon meetings of the congregation in terms of the Regulations for the election, settlement, and translation of ministers.
When a Presbytery appoints a committee to confer with a congregation on any matter, the Convener of such committee shall have power to summon a meeting of the congregation in name of the Presbytery to deal with the remit received.
All Congregational Meetings are intimated from the pulpit on the two Sundays immediately preceding the meeting, and the notice summoning the meeting shall be attested by the officiating minister or preacher as having been duly made by him or her with a copy being provided to the Presbytery Clerk. Meetings held in connection with proposals for union and readjustment of congregations where no basis of adjustment is to be submitted for approval are intimated on one Sunday.
The representative of Presbytery appointed to moderate the meeting may include either a member of Presbytery or of Presbytery staff. The Moderator of the Kirk Session or, in a vacancy, the Interim Moderator shall constitute the meeting and shall immediately relinquish the chair in favour of the representative of the Presbytery, but he or she shall be at liberty to speak at such a meeting.
In cases of adjustment a detailed basis of adjustment shall first be negotiated with the office-bearers of the congregation, in the course of which it shall be displayed to the relevant national Committee, the Law Department and the Principal Clerk, who may offer advice on the framing of its terms. The basis of adjustment shall be voted upon by the congregation or congregations involved at one or more congregational meetings before the matter is put to the Presbytery for decision.
Those entitled to speak and vote at such a congregational meeting shall include those who have been formally recognised by the Kirk Session as adherents of the congregation. For the avoidance of doubt, no other form of decision-making shall be valid.
In order to determine qualification to speak or to vote, the Communion Roll and Roll of Adherents last attested by the Kirk Session together with a list prepared by either the Session Clerk or the Roll Keeper of the names of those added to, and removed from, these rolls since last attested shall be available for inspection by Presbytery’s representative moderating the meeting.
Presbytery, through its relevant committee, is responsible for setting the question or statement to be voted on and, where required, for producing a sufficient number of voting papers.
Where a decision to dispose of a building is to be taken, this must be made clear in the statement or question put to the congregation but may be included as a provision with a basis of adjustment or made as a separate statement.
Where a vote is taken by standing, the representative of Presbytery moderating the meeting shall ensure that only those who are entitled to do so vote.
Where a vote is taken by ballot, the representative of Presbytery shall ensure that only those entitled to vote are each provided with one voting paper. Ballots are counted by representatives from Presbytery, including Presbytery staff in the presence of at least one congregational office bearer.
The result of a ballot, if taken in one congregation, should be announced by the moderator immediately. Where a ballot on a connected matter is being taken in another congregation the result is not announced until votes in all relevant congregations have been counted. Votes in separate congregations are not aggregated. Where connected votes were taken, intimation of results are given in all places at the same time, generally the following Sunday.
Hybrid meetings, that is meetings where some participants attend only by remote means, are not permitted.
Presbytery must have regard to the decisions arrived at by congregations. Whilst a simple majority prevails, Presbytery is entitled to give consideration to the proportion of those voting For or Against proposals.
Presbytery may proceed in the face of a negative vote.
No basis affecting the rights of a minister is presented to his or her, or any other, congregation without his or her written consent.
Any congregation directly involved in and named in any proposed basis is be cited to appear for its interests at any meeting of the Presbytery at which a decision is to be made.
While Presbytery is obliged to make every effort to secure approval of the congregations involved, the right of the Presbytery to effect adjustment in terms of the Mission Plan Act is affirmed, subject to the consent of any minister or ministers whose rights are involved.
A minute of the congregational meeting is taken by the Session Clerk, incorporated within the Kirk Session minute and a copy forwarded to the Presbytery Clerk.
Appeals Appeals Act I, 2014.
A person with a legitimate interest who is aggrieved by a decision of a Court may within fourteen days of the decision intimate an appeal against that decision. Intimation shall be in accordance with the Rules of Procedure (Schedule 2).
An appeal may be taken only upon one or more of these grounds: (a) an error in Church law; (b) breach of the principles of natural justice or material irregularity of process; (c) decision influenced by incorrect material fact; and (d) the severity of any sanction imposed.
Alternative Dispute Resolution Act VI, 2014
The Church wishes to afford parties to a dispute the opportunity to resolve their differences through alternative dispute resolution processes ADR which may involve mediation, conciliation or facilitated conversation. ADR will offer all parties the opportunity to be heard, will encourage dialogue between the parties, and will provide the parties with time to explore the issues which have arisen between or amongst them, creating an opportunity for them to resolve their differences on a confidential basis. ADR shall be used only where all parties to the dispute agree to using ADR.
Exercising ministry
Remarriage of divorced persons Act XXVI, 1959
A minister of the Church of Scotland may lawfully solemnise the marriage of a person whose former marriage has been dissolved by divorce and whose former spouse is still alive, provided that the said minister adhere to the requirements in the Act.
Marriage services Act I, 1977
Marriage in the Church of Scotland is solemnised by an ordained minister in a religious ceremony wherein, before God, and in the presence of the minister and at least two competent witnesses, the parties covenant together in marriage as long as they both shall live, and the minister declares the parties to be married. (NOTE: This was amended in June 2022).
Solemnisation of Same Sex Marriage Act VI, 2022
Ministers are not automatically permitted to solemnise, but may seek authorisation from the Principal Clerk which endures for three years and requires then to be renewed. In seeking authorisation a Minister should take into account the peace and unity of the Church. Only authorised celebrants are permitted to use, or grant their church buildings to be used, for the solemnisation of a same sex marriage. This applies to Interim Moderators, too: neither Deacons nor OLMs nor elder Interim Moderators are entitled to grant permission for use. Commitments made prior to a departure of a minister are honoured in any following vacancy.
Unsatisfactory State Act I, 1988.
When, in the judgement of a Presbytery, after due enquiry a congregation is in an unsatisfactory state, and the unsatisfactory state will continue unless the pastoral tie between minister and congregation is dissolved, it shall be competent for the Presbytery to dissolve the pastoral tie and declare the charge vacant.
Membership vows Act XII, 1996
Certain questions and responses only are authorised for use in the services of worship incorporating Public Profession of Faith and Confirmation
Administration of the Sacraments Act V, 2000
The Sacraments of the Church may be administered only by certain persons outlined in the Act. Baptism signifies the action and love of God in Christ, through the Holy Spirit, and is a seal upon the gift of grace and the response of faith. Baptism shall be administered in the name of the Father and of the Son and of the Holy Spirit, with water, by sprinkling, pouring, or immersion and administered to a person only once.
Baptism may be administered to a person upon profession of faith; to a person with learning difficulties who makes an
appropriate profession of faith; and to a child where either at least one parent, or other family member is baptised, on the communion roll and undertakes the Christian upbringing of the child; or is baptised, is not on the communion roll but is an adherent and satisfies the minister and Kirk Session regarding undertaking the Christian upbringing of the child; or is baptised, professes the Christian faith, undertakes to ensure that the child
grows up in the life and worship of the Church and expresses the desire to seek admission to the communion roll of the congregation.
Discipline of Ministers and office bearers Act I, 2019
These are lengthy and complicated provisions regarding discipline for all off ce bearers in congregations.
Long-term Illness Act VI, 2019
Whenever a minister is absent from work due to illness, he or she shall inform the Forum in terms of the Procedure appended as Schedule A to this Act. The Forum and the Presbytery shall work together throughout any period of absence of the minister to offer pastoral support, assistance and advice to the minister and congregation(s).
If a minister who benefits from income protection does not return to work six months after the Trigger Date, and does not choose to demit his or her charge with effect from a date which is at latest nine months after the Trigger Date, the Ill Health Committee shall, as soon as practicable, report to Presbytery that the pastoral tie should be severed with effect from the date nine months after the Trigger Date, with safeguards.
A minister who does not qualify for income protection shall be entitled to full stipend appropriate to the charge and years of service at the date absence commenced, the appropriate employer’s pension contribution, and Car Allowance, with deductions of tax and NI for 15 months where this is triggered by six months’ continuous absence, a maximum period of fifteen months in total from when the absence commenced, or (where triggered by an absence of 300 days out of a twenty-two-month period) counted during that absence and then for a maximum further period of nine months from the Trigger Date.
Registration of Ministries Act II, 2017
There is a Register of Ministry, listing all individuals who hold status as Ministers of Word and Sacrament, or as Deacons, in the Church of Scotland. and containing: the name, address and contact details, the Presbytery having jurisdiction, the ministry to which the individual has been ordained, the Category of registration either O, E, R, I, L, or S and the date from which that Category of registration applies.
Parish Ministry Act II, 2018
A Parish Minister’s field of ministerial work and responsibility lies generally within and does not extend beyond his or her own Charge. A Minister of Word and Sacrament shall not be entitled to enter the bounds of the Charge of an existing Parish Minister to perform ministerial functions without the previous consent of the Parish Minister in question, except: where acting under special commission or order of the Presbytery, or to minister to members and adherents of his or her own Charge, or to fulfil functions for certain posts or to officiate at a marriage or funeral by private invitation.
The ministry of the Word, the conduct of public worship, the dispensing of the Sacraments, and the instruction of the young belong to the Parish Minister, subject to the control and direction of the Presbytery.
Responsibility for the conduct of public worship includes responsibility to ensure that public worship is conducted in an orderly and reverent manner by the Parish Minister or by other persons under the supervision of a Minister of Word and Sacrament, being present in person.
Only these may conduct public worship:
(1) Ministers of Word and Sacrament of the Church of Scotland;
(2) Ministers of Word and Sacrament of other Churches: with whose Churches there is a mutual eligibility agreement, with whose Churches a common recognition of ministries has been approved by the General Assembly, who would be entitled to a Certificate of Eligibility, or in respect of whom the Presbytery of the bounds is otherwise satisfied that their orders are in accordance with the standards of the Church of Scotland;
(3) probationers;
(4) Licentiates and Graduate Candidates;
(5) candidates for the ministry, including the OLMs, duly recognised;
(6) members of the diaconate;
(7) candidates for the diaconate;
(8) ministries development staff employed by the Faith Nurture Forum;
(9) readers; and
(10) persons selected and trained to a standard determined by the Presbytery of the bounds in accordance with a scheme or arrangement approved by the Presbytery.
A Parish Minister may occasionally and for special reason invite a person not qualified in terms of the said section to conduct public worship provided that, the Minister shall intimate the same in writing to the Clerk of the Presbytery within fourteen days. This may be include the occasional conduct of public worship by an elder or elders of the congregation. In an emergency when the Parish Minister cannot discharge these responsibilities it shall be the duty of the Session Clerk, or the senior elder present, to lead the congregation in an act of devotion, or invite someone else to do so.
The place of worship and other ecclesiastical buildings connected with the Charge are at the disposal of the Parish Minister for the purposes of his or her office, subject only to the control of the Presbytery. The Parish Minister may use them and grant permission to others to use them for all purposes connected with the congregation or any of its organisations, and also for all purposes of an ecclesiastical or charitable nature, even if they be not connected with the congregation, subject to the control of the Presbytery. The Parish Minister shall not use the buildings nor grant the use of them for any other purposes without the consent of the Kirk Session, Deacons’ Court, Committee of Management, or Congregational Board, as the case may be. In deciding for what uses the church may be granted the sacred character of the building shall be kept in view. The Kirk Session, Deacons’ Court, Committee of Management, or Congregational Board shall not be entitled to use the buildings for any purpose whatever without the consent of the Parish Minister, nor shall they grant the use of the buildings to others without his or her consent.
No Minister in a Charge shall apply for, or undertake any remunerative employment or office within or outwith the Church without previously obtaining approval of the Presbytery of the bounds, unless such an appointment is made directly by the General Assembly.
No Parish Minister shall act as the Congregational Treasurer for any congregations in the Charge.
Precentor or Organist Act XVI 1931
The Kirk Session appoints the Precentor or Organist and must be satisfied as to the Christian character of any applicant. In the conduct of public worship the Precentor or Organist shall be under the direction and control of the minister.
Congregational life (beyond Kirk Sessions)
Congregational funding Act V, 1989
No Congregation, can appeal for Congregational funds outwith the Congregation or Parish concerned, except with the authority in writing of the Presbytery of the bounds, and an appeal contained on a website of a single congregation or linkage shall not constitute an appeal outwith the congregation or parish. All contributions received shall be duly recorded in accounts or as an appendix to the Congregational Accounts, until the appeal is concluded.
Model Deed Constitution Act II, 1994
The Model Deed of Constitution is contained in this Act.
Unitary Constitution Act XIX 1964
The Delegation of the General Assembly issues to congregations of full status a Unitary Constitution, where either the congregation have passed a Resolution at a Congregational Meeting specially called for the purposes by intimation on the two Sundays immediately preceding and the Presbytery of the bounds shall have concurred in the said Resolution, or where two or more congregations have been united in terms of a Basis providing that the financial affairs of the united congregation be administered under Unitary Constitution [now mandatory in all adjustments].
Communion Rolls Act VI, 2000
Every Kirk Session must keep a Communion Roll and may do so on computer provided that an up-to-date printout of the Roll as at 31st December, duly attested by the Kirk Session, is produced at the annual inspection of records. After Presbytery attestation, annual printouts shall be kept as historical records, and preserved in a substantial loose-leaf binder, or permanently bound at intervals not exceeding ten years.
A communicant’s name shall be transferred from the Communion Roll of one congregation to that of another congregation only by a Certificate of Transference, but no entitlement to enrolment continues after the expiry of one year from the date which it bears.
Kirk Sessions
Church Courts Act III, 2000.
This is soon to be substantially amended, so see the Church Courts Act page instead.
Moderating Kirk Session Meetings Act VI, 2004
The minister of a charge is the Moderator of the Kirk Session and has responsibility for calling meetings and for the duties of the Moderator.
A Kirk Session consists of the minister and elders.
With the approval of the minister and of the Kirk Session (at a previous meeting), or if instructed by a superior court, another current member of the Kirk Session, the Diaconate associated with but not an appointee of the Kirk Session, or a minister associated with it may moderate any meeting of the Kirk Session. This approval may be a standing approval for a fixed period for any meeting during that period
An elder may be appointed to moderate any meeting of a Kirk Session provided they have satisfied satisfied the Presbytery that they have completed a course of training in Church law and procedure provided by the Legal Questions Committee.
The Session Clerk, if a member of the Kirk Session, shall not moderate a meeting as clerk, but may be appointed in terms of this Act in his or her own right, and shall normally arrange for the Minutes of the meeting to be taken by a substitute clerk.
When the minister is present at a Kirk Session meeting but not moderating it, he or she shall have a seat in the Kirk Session and for this purpose shall have capacity separate from that of minister of the parish or member of the Presbytery.
The minister may authorise a Kirk Session meeting to be held in his or her absence, moderated by a member of the Kirk Session or a minister or deacon associated with it provided the authorisation is in writing to the Moderator of the meeting and specifies the meeting and the business to be transacted – these facts are recorded in the Minutes and intimated to the Presbytery Clerk. Any decision taken in the absence of the minister, where the minister did not have notice in advance of the meeting, shall not take effect until it has been agreed in writing by the minister (the written agreement to be delivered as soon as possible to the Session Clerk) or ratified at a meeting at which the minister is present.
A minister may give authorisation, for a single occasion or on a standing basis, to an elder or any other minister of the Church or member of the Diaconate to moderate a Kirk Session meeting when the minister is unexpectedly unable to attend.
In the absence of the minister, the quorum of the Kirk Session shall be three elders.
Reflection, Readjustment and Vacancies
Vacancy Procedure, with styles for use Act VIII, 2003
Contains the complex process associated with vacancies.
Local Church Review Act I, 2011
Presbytery shall conduct a review of every congregation in the Presbytery, normally once every five years without prejudice to the right and responsibility to make other superintendence visits as Presbytery deems necessary. Procedures for the Review are in the Act.
Presbytery Mission Plan Act VIII, 2021
Defines Presbytery Mission Plans and requires these be produced by December 2022 and reviewed annually to determine the allocation of ministries to further the FIve Marks of Mission and determine which buildings are to be retained and which disposed of.
Safeguarding and protection
Child Protection (Safeguarding) Act XVI, 2018
Kirk Sessions must ensure all Workers within the Charge are members of the PVG Scheme, prior to taking up their post, including Locums. Whenever a person is being recruited and will be undertaking Regulated Work, that person must make application to become a member of the PVG Scheme.
The Kirk Session must appoint a Safeguarding Coordinator to ensure that all PVG applications required for that Charge are completed accurately and submitted to the Safeguarding Service for processing.
If any application results in notification that a person is barred from becoming a member of the PVG Scheme, ie is Listed, that person must not be employed or appointed to undertake or to carry out Regulated Work. It is an offence under the PVG Act to employ or appoint a person who is Listed to undertake or to carry out Regulated Work.
In arranging recruitment, the Kirk Session(s) must comply with the Guidance.
Learning Life 