Legal Guidance


Here you can find a range of information and documents relating to legal matters.

The first three items have been written by the BUS Solicitor, Alan Holloway:

  • Who are the Church’s Trustees? Many churches are unsure or have the wrong impression as to who their trustees are. Read this article to see what the law says. The answers may surprise you. Your church may have different trustees for general purposes and for title purposes. This distinction may be relevant to the next article on RoCI.
  • Register of Persons holding a Controlled Interest in Land (“RoCI”). RoCI has huge implications for churches which own land and buildings, and hold title in the names of trustees for the church. Read this article to see what action your church has to take. Any necessary registrations in RoCI must be made before 1 April 2024. Action is needed now, and should not be postponed.
  • Charities (Regulation and Administration) (Scotland) Act 2023. This charity law reform legislation has been approved by the Scottish Parliament, but has not yet been brought into force. Read this article to see what will be coming down the tracks. There will be additional compliance requirements, and the best way to prepare for these may be to ensure that your existing administrative and financial practices are efficient and up to date.


The final item is a Safeguarding Checklist. This is such an important area of church life and an essential element of our duty of care to the people of all ages and life experiences with whom our church interacts. This must be kept under constant review, and this checklist provides a useful starting point.