Church of Scotland Act 1921

Last updated

Church of Scotland Act 1921
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act to declare the lawfulness of certain Articles declaratory of the Constitution of the Church of Scotland in matters spiritual prepared with the authority of the General Assembly of the Church.
Citation 11 & 12 Geo. 5. c. 29
Territorial extent Scotland
Dates
Royal assent 28 July 1921
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Church of Scotland Act 1921 is an Act of the British Parliament. The purpose of the Act was to settle centuries of dispute between the British Parliament and the Church of Scotland over the Church's independence in spiritual matters. The passing of the Act saw the British Parliament recognise the Church's independence in spiritual matters, by giving legal recognition to the Articles Declaratory.

Contents

Background

The Church of Scotland was founded as a Presbyterian church in 1560 during the Scottish Reformation since when it has held that the civil power had no authority over it, in spiritual matters. The question of church establishment and in what sense the Church of Scotland was an Established church led to conflicts with successive rulers from the Stuart monarchs onward. Monarchs tended to prefer the model of the Church of England, where the Crown had the power to appoint bishops, and various other forms of power over the Church (although it was not reduced to the complete state control found in Scandinavia).

The particular crisis came over the question of "lay patrons", who had the right to "present" (appoint) a minister. This was abolished in 1690 at the time of the Glorious Revolution but restored in 1712. In theory the congregation could accept or reject a candidate, but in practice this often meant little. By the late 18th century the Church was divided into the Moderate and Evangelical parties. These differed especially on the question of lay patronage, which the Evangelicals rejected. Underlying this was the split between the Calvinism of the Evangelicals and the more Enlightenment tone of the Moderates.

In 1833 the General Assembly of the Church of Scotland passed a Veto Act giving congregations the clear power of veto. However the courts generally upheld the rights of lay patrons, and thus the issue became one of Church and State. In 1843 a large part of the Church seceded as the Free Church of Scotland  — not rejecting Establishment in principle, but only its present form. This secession was known as the Disruption.

In the early 20th century a reunion between the Church of Scotland and the United Free Church seemed possible. To overcome problems (including legal problems which had followed the earlier merger of the Free Church and the United Presbyterian Church) the Church of Scotland Act 1921 (11 & 12 Geo. 5 c. 29) was passed. This noted that the General Assembly had passed Declaratory Articles. These were declared to be lawful. (Thus, they were not created by parliament.) It was declared that "no limitation of the liberty, rights, and powers in matters spiritual therein set forth shall be derived from any statute or law affecting the Church of Scotland in matters spiritual at present in force; it being hereby declared that in all questions of construction the Declaratory Articles shall prevail..." (s. 1).

Current position

This has created a new and revised relationship between the Church and the State. The Church of Scotland remains the National Church, but it has complete independence in spiritual questions and appointments. After the passing of the act, a church historian proclaimed: "No Church in Christendom can so fully claim to be at once national and free as the Church of Scotland today." [1]

When legislating for Scotland since the passing of the Act, the British Parliament has to consider whether the Church of Scotland is to be excluded from the provisions. Examples included the passing of the Scotland Act 1998, which had to be worded not to infringe on the independence of the Church, and prevent the Scottish Parliament repealing the Church of Scotland Act. [2] Also during the passing of the Human Rights Act 1998, an amendment was proposed when the bill was passing through the House of Lords to exclude the Church of Scotland from some of the provisions. In the end, this was not deemed necessary.

In 2005, the House of Lords finally decided the case Percy (AP) v Church of Scotland Board of National Mission [2005] UKHL 73 , ruling that, despite the 1921 Act, a ministerial appointment created a contract subject to the jurisdiction of the civil courts and employment tribunals.

See also

Related Research Articles

<span class="mw-page-title-main">Parliament of the United Kingdom</span> Supreme legislative body of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.

<span class="mw-page-title-main">Parliament Acts 1911 and 1949</span> United Kingdom legislation establishing the supremacy of the House of Commons

The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.

<span class="mw-page-title-main">History of the constitution of the United Kingdom</span>

The constitution of the United Kingdom is an uncodified constitution made up of various statutes, judicial precedents, convention, treaties and other sources. Beginning in the Middle Ages, the constitution developed gradually in response to various crises. By the 20th century, the British monarchy had become a constitutional and ceremonial monarchy, and Parliament developed into a representative body exercising parliamentary sovereignty.

<span class="mw-page-title-main">Royal assent</span> Formal approval of a proposed law in monarchies

Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

<span class="mw-page-title-main">Scotland Act 1998</span> United Kingdom legislation

The Scotland Act 1998 is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government. It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland.

<span class="mw-page-title-main">Politics of England</span>

Politics of England forms the major part of the wider politics of the United Kingdom, with England being more populous than all the other countries of the United Kingdom put together. As England is also by far the largest in terms of area and GDP, its relationship to the UK is somewhat different from that of Scotland, Wales or Northern Ireland. The English capital London is also the capital of the UK, and English is the dominant language of the UK. Dicey and Morris (p26) list the separate states in the British Islands. "England, Scotland, Northern Ireland, the Isle of Man, Jersey, Guernsey, Alderney, and Sark.... is a separate country in the sense of the conflict of laws, though not one of them is a State known to public international law." But this may be varied by statute.

<span class="mw-page-title-main">Lords Spiritual</span> Bishops who sit in the House of Lords

The Lords Spiritual are the bishops of the Church of England who sit in the House of Lords of the United Kingdom. Up to 26 of the 42 diocesan bishops and archbishops of the Church of England serve as Lords Spiritual. The Church of Scotland, which is Presbyterian, and the Anglican churches in Wales and in Northern Ireland, which are no longer established churches, are not represented. The Lords Spiritual are distinct from the Lords Temporal, their secular counterparts who also sit in the House of Lords.

Disestablishmentarianism is a movement to end the Church of England's status as an official church of the United Kingdom.

<span class="mw-page-title-main">Free Church of Scotland (1843–1900)</span> Calvinist church split from the Church of Scotland in 1843; itself split in 1900

The Free Church of Scotland is a Scottish denomination which was formed in 1843 by a large withdrawal from the established Church of Scotland in a schism known as the Disruption of 1843. In 1900, the vast majority of the Free Church of Scotland joined with the United Presbyterian Church of Scotland to form the United Free Church of Scotland. In 1904, the House of Lords judged that the constitutional minority that did not enter the 1900 union were entitled to the whole of the church's patrimony, the Free Church of Scotland acquiesced in the division of those assets, between itself and those who had entered the union, by a Royal Commission in 1905. Despite the late founding date, Free Church of Scotland leadership claims an unbroken succession of leaders going back to the Apostles.

The United Free Church of Scotland is a Scottish Presbyterian denomination formed in 1900 by the union of the United Presbyterian Church of Scotland and the majority of the 19th-century Free Church of Scotland. The majority of the United Free Church of Scotland united with the Church of Scotland in 1929.

<span class="mw-page-title-main">Parliament Act 1911</span> UK legislation asserting the supremacy of the House of Commons

The Parliament Act 1911 is an act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords, the two Houses of Parliament. The Parliament Act 1949 provides that the Parliament Act 1911 and the Parliament Act 1949 are to be construed together "as one" in their effects and that the two acts may be cited together as the Parliament Acts 1911 and 1949.

<span class="mw-page-title-main">Disruption of 1843</span> Schism within the Church of Scotland

The Disruption of 1843, also known as the Great Disruption, was a schism in 1843 in which 450 evangelical ministers broke away from the Church of Scotland to form the Free Church of Scotland. The main conflict was over whether the Church of Scotland or the British Government had the power to control clerical positions and benefits. The Disruption came at the end of a bitter conflict within the Church of Scotland, and had major effects in the church and upon Scottish civic life.

The Articles Declaratory of the Constitution of the Church of Scotland – often known as the Declaratory Articles - were drawn up early in the 20th century to facilitate the union of the Church of Scotland and the United Free Church of Scotland. The "declaratory" nature of the Articles means that they are intended to define or "declare" a status that already existed, but explicitly spelt out for the avoidance of doubt. By an Act of Parliament – The Church of Scotland Act 1921 – the Articles Declaratory were held to be lawful, thus recognising the Church of Scotland as the national church in Scotland but independent from the state in matters spiritual. They are still in force. Special procedures are required to amend the Articles Declaratory, but Article I cannot be altered.

<span class="mw-page-title-main">General Assembly of the Church of Scotland</span> Sovereign and highest court of the Church of Scotland

The General Assembly of the Church of Scotland is the sovereign and highest court of the Church of Scotland, and is thus the Church's governing body. It generally meets each year and is chaired by a Moderator elected at the start of the Assembly.

<span class="mw-page-title-main">Church Patronage (Scotland) Act 1711</span> United Kingdom legislation

The Church Patronage (Scotland) Act 1711 or Patronage Act is an Act of the Parliament of Great Britain. The long title of the act is An Act to restore the Patrons to their ancient Rights of presenting Ministers to the Churches vacant in that Part of Great Britain called Scotland. Its purpose was to allow the noble and other Patrons in Scotland to gain control over the Church of Scotland parish churches again, having lost that custom in the Glorious Revolution.

The Basis of Union of the Presbyterian Church of Australia is the document under which the constituent state churches agreed to unite at its first General Assembly on 24 July 1901, and is still a foundational text for the Uniting Church. The Basis of Union appears in Acts of Parliament concerning the Presbyterian Church of Australia.

<span class="mw-page-title-main">Formation of the United Kingdom of Great Britain and Northern Ireland</span> Territorial evolution of the UK

The formation of the United Kingdom of Great Britain and Northern Ireland has involved personal and political union across Great Britain and the wider British Isles. The United Kingdom is the most recent of a number of sovereign states that have been established in Great Britain at different periods in history, in different combinations and under a variety of polities. Historian Norman Davies has counted sixteen different states over the past 2,000 years.

<span class="mw-page-title-main">Constitution of the United Kingdom</span> Uncodified constitution of the UK

The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.

Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law or by precedent.

<span class="mw-page-title-main">Irish Appeals Act 1783</span> United Kingdom legislation

The Irish Appeals Act 1783, commonly known as the Renunciation Act, was an Act of the Parliament of Great Britain. By it the British Parliament renounced all right to legislate for Ireland, and declared that no appeal from the decision of any court in Ireland could be heard in any court in Great Britain.

References

  1. "Church and State; who's boss?". Christians Together in the Highands and Islands. Retrieved 3 June 2011.
  2. "The Union and the law". The Journal online. 18 June 2007.