URC Trust Arrangements & Health and Safety Guidelines

1. Welcome To the 2018 Property Roadshow

2. URC TRUST ARRANGEMENTS

3. DEFINITIONS The Local Church • Local churches have charitable status, and are an ‘Excepted Charity’ or a ‘Registered Charity’ • URC Elders are Managing Trustees of the church, responsible for its finance, statutory compliance, policy and belongings (excluding land, buildings and some restricted capital funds) • The Church Meeting makes decisions which the Elders implement. Elders (as Managing Trustees) can sometimes disagree with a Church Meeting’s decision and if the matter cannot be resolved ultimately they may have to resign. • Local churches have no ‘legal person’ so Managing Trustees have ‘personal liability’

4. The Synod • Is a representation of all the local churches • Meets twice a year to agree policy for the churches • Appoints an Executive to act between Synod meetings • Provides ministerial oversight, advice, support and resources for churches • Has no ‘legal person’

5. The Synod Trust • A charitable Limited Company established by Synod in September 1977 • Is a Registered Charity • Has a legal Person – so it can hold title to property, funds and assets • Has ‘Limited Liability’ • Trustees are the appointed members of the Synod Executive • ‘Property Holding Trustee’ appointed by resolution of Church Meetings. Legal owner of local church land / property, and ‘Trustee’ of some ‘restricted’ church funds. • Has its own assets used to support the charitable purposes of the URC • Employer of Synod staff

6. Governing Legislation for Local Church, Synod and Synod Trust • URC Denominational policy, resolutions of General Assembly • URC Acts – 1972 (Formation of the URC , including Scheduled Trusts), 1981 (amending provisions), 2000 (primarily incorporating Congregational Union of Scotland) • Charities Acts • Charity Commission Policy and Schemes • Other relevant Acts and Statutory Instruments (Eg: Sharing of Church Buildings, Health and Safety, Planning, Criminal and Civil law)

7. Local Ecumenical Partnerships (LEPs) • LEPs are a Partnership between the URC and other denomination(s) • The ‘Partnership’ is referred to as a ‘United Church’ • United Churches typically arise when one congregation decides that the church building should be sold and the congregation then shares another building belonging to a different denomination, and a Sharing Agreement is completed. In the SW Synod URC congregations have united with Methodist, Baptist, and Anglican Churches. Some Methodist churches have closed and united with URC congregations. • URC assets (buildings and capital funds) are held subject to the statutory trusts for the benefit of the URC Members and not the ‘United Church’. • The United Church Membership Roll must record its URC members or those affiliated with the URC as only they have the right to vote at meetings making decisions about URC assets. ‘Joint membership’ does not exist in the statutory trusts. We are asking United Churches to list URC Members when we send out the Annual Returns. • If URC members cease to exist then the partnership will end, and if there is a URC building it may be sold or leased, possibly to the surviving partner denomination. • United Churches should be familiar with the terms of their Sharing Agreements and Constitution, some of which date back to the late 1970s.

8. Health and Safety

9. H & S – Some UK facts • Accidents happen more frequently in the home • 6,000 people per year injure themselves in trouser accidents • A whopping 37,000 home injuries involve slippers • 20,000 of us hurt ourselves each year falling out of bed • 44% of people admit to burning themselves doing the ironing • 13% have walked into something while on their mobile phone • 35% of us have tripped over our pet • 1 in 3 people hit a finger or thumb when hammering • Beware the lounge!

10. H & S – The what and Why • Health and safety:- • Is about reducing risk in the workplace • Comprises multiple strands of Legislation • Regulated by various groups – HSE, RIDDOR • Covers buildings, people, tools and materials • Includes Safeguarding of Children and Vulnerable adults • Why do it? • It’s the law • You as Trustees are both responsible and liable • We want our people to be safe • Accidents or injuries cause damage and change lives • Risk of Reputational damage • Financial cost

11. H & S Some workplace statistics 2016/2017 workplace injuries by type – Riddor

12. H & S What your church needs to do • Appoint a H & S Lead Officer, named person or group • Carry out or arrange required tests or inspections • Keep visitors and staff safe from harm • Provide H & S training to all staff – equipment and tools • Provide Personal Protective Equipment free of charge • Ensure tools and equipment are fit for purpose and well-maintained • Ensure all tasks are carried out in the safest practical way • Test fire alarms 6- monthly and extinguishers annually • PAT – Portable Appliance testing - 2 yearly • Formally record accidents or incidents within the work place

13. H & S What your church needs to have • Written H & S records • A H & S Policy • Risk Assessment • Fire Risk Assessment and Fire Emergency plan • Asbestos survey • Annual gas safety certificate • Electrical installation certificate • Accident ‘Book’ • Safeguarding Policy • Regular review of documents

14. H & S Resources for you and your church Synod Website – New Health and Safety information sheet A range of sample documents for you to use Synod Property Team Support and advice Synod Safeguarding Officer Specialist help Other websites HSE – Health and Safety Executive ROSPA – Royal Society for the Prevention of Accidents SPOW – Safer Places of Worship Methodist Church

15. And finally, remember • Health and Safety is mostly common sense • By protecting others you protect yourself • Tackle rather than avoid the issue • Take things step by step • Keep good records • There is a wealth of help and advice out there

16. Quinquennial Surveys • You need a quinquennial survey carried out every 5 years • Each property requires a survey – church, hall, manse • The survey will:- • Assess the condition of the property • Help you plan for repairs in a timely fashion • Highlight the urgency of works required • Provide a foundation for a possible Synod grant • Use a professional such as a chartered surveyor • Be prepared to plan and act on advice • Synod can offer a grant toward the costs (50%) • Don’t forget to let Synod have a copy of the quinquennial survey

17. Asbestos Surveys • Is a legal requirement for buildings in public use • Advises where asbestos is present or likely to be present • Use a professional – check prices first • Written report gives guidance on how to deal with asbestos in the building :- • Remove • Board over • Leave alone • All employees, volunteers or visitors likely to come in contact with the fabric of the building should be given sight of the Asbestos report • Contractors or employees working on repairs must be given a copy of the report • 50% grant available from Synod for the Survey cost (25% if we are not the owner/trustee)

18. Building Projects and Repairs • Always consult the Synod Property Team when planning a large project • Take professional advice • Remember there may be statutory consents (planning permission, building regulations, listed building consent) • Seek consent from Synod for repairs over £5,000 (to ensure statutory compliance) • Remember – Facelift and 10%/5% grants may be available – see Synod website

19. LISTED BUILDINGS • Buildings of architectural or historic significance can be ‘Listed’ by the Secretary of State, by serving a Notice of Listing on the property Trustee. We have approximately 30 Listed buildings in the SW Synod. • Listed Building Consent is required for all works which affect the character, setting and fabric of the Listed building. • Churches often think that consent is only needed for work to the outside, this is not so, consent is needed for internal and external works, including boundary walls or railings and any buildings within the curtilage (i.e: immediately adjoining garden or grounds). • Consent is not required for moveable items like furniture, carpets, curtains etc. • Repairs undertaken on a ‘like for like’ basis are not affected. • Local Authority usually determine applications for Listed Building Consent, but applications for church buildings fall under an ‘Ecclesiastical Exemption’ and are determined by the Synod Property Committee in consultation with the Listed Building Advisory Committee. • An Information sheet about Listed Buildings and application forms can be downloaded from the Synod website. • Failure to obtain Listed Building Consent is a criminal offence and is enforced by the Secretary of State, District Council, and judicial system.

20. BREAK – 10 minutes

21. Hiring and Licensing church buildings

22. DEFINITIONS • Hiring: a temporary or ‘one-off’ arrangement where the same space is used by different groups at different times. Eg: an evening the hire of a church hall for a party or local group to meet. • License: an written consent specific to one person or outside organisationfor a slightly longer period of time, for example to use a parking space in the church carpark or to use a specific room for a few months only. • Lease: a formal Agreement in writing where a named person or company has exclusive use of a room or building for a long period of time. Eg: an outbuilding for use as an office for several years.

23. Who arranges hiring and licensing of church buildings? • Since the URC was formed in 1972 it was understood that its local churches could arrange the hire of church buildings and some licences, but Leases had to be organised by the Synod Trust, and this has been the practice across all the Synods. The position for LEPs may differ depending on who the Trustee is. • The URC Law and Polity Group based at Church House in London have reviewed the terms of the URC Act and found that what it states in the Scheduled Trusts is not in line with the practices of the Synods and Churches. Barrister’s legal opinion was sought and all the Synods have been told that the Synod Trusts are legally responsible for hiring, licensing and leasing of church buildings since 1972! • The good news is the URC Law and Polity Group have found a solution to ensure that local churches can continue to arrange the hiring of church buildings themselves! The Synod Trusts can formally delegate authority to the local church so that they have the necessary powers to continue arranging hiring. • The main ‘win’ for churches is that if they obtain the delegated authority then they can indirectly benefit from the Synod Trust Company’s Limited Liability and the Elders can avoid potential personal liability.

24. Obtaining Delegated Authority • Request the delegated authority from the Synod Trust by completing a ‘Hiring Checklist’ and standard form of church meeting ‘Resolution’. • The Resolution is available to download from the Synod Website. It is completed and returned to the Synod Office with the checklist confirming that the church has certain compliance matters in hand (e.g; insurance, risk assessments etc). • The delegated authority is subject to conditions which the church will have to follow, which are mainly to ensure safe premises and ‘best practice’. • The URC has produced a standard form of Hire Application, Conditions of Hire, and Booking Form. • Examples of completed forms are available on the website.

25. What happens if churches do not comply? • If an incident arises at the church premises and a claim is made against the legal owner (the Synod Trust) or the insurers of the buildings it may become apparent that the church was acting outside its powers as a local charity, and possibly without some statutory compliance issues being fully addressed. • The Synod Trust, or more likely its insurers, may refuse to accept any liability because the church chose not follow the process to obtain and use the delegated powers. Some churches may think that their indemnity insurance policies give adequate protection but this may not be the case, especially if they are found to be negligent, or acting irresponsibility outside their powers as Managing Trustees, or by not following ‘best practice’.

26. What help is available? • A ‘Hiring Handbook’ is available from the Synod website,whichexplains the process in great detail. • The Synod Trust and Property Officer will visit individual churches to provide further advice and assistance. • If you need to deal with some compliance issues help and advice is always available from the Synod Office and there is a range of Information Sheets available to download from the Synod Website which cover most compliance topics.

27. So what happens about Licensing and Leases? • The Synod staff have always worked alongside church officers when Leases need to be drawn up, and no change is proposed. That same practice will now apply to Licenses, and in some cases we may look at preparing standard forms of license which churches will be able to use. • If you need a Lease or License then you should contact the Synod Property and Trust Officers who will be pleased to work with you to make the necessary arrangements, and arrange the legal papers to be signed on behalf of the Synod Trust.

28. INSURANCE • Most policies do not cover Hirers Indemnity and so churches need to ensure that hirer’s have their own cover. Congregational and General have recently introduced a “Hirers Indemnity” extension for an additional premium starting at £75 plus tax. • Most insurance policies exclude cover for accidental damage to buildings. Accidental cover is normally associated with contents but equally applies to buildings. Congregational and General have recently included accidental cover for buildings in policies managed by David Edwards Insurance Brokers. • Charity Law requires Trustees to obtain independent advice when decision making and Elders are strongly advised to use an Insurance Broker and obtain accurate insurance valuations so sums insured are realistic. • Insurers are becoming more defensive when claims are made. They will seek to assess liability and ensure that best practice has been followed regarding building maintenance and statutory compliance (ie: health and safety, fire policy, asbestos surveys, quinquennial surveys). • Churches must retain all insurance certificates • We are now asking churches to confirm insurance and statutory compliance matters are in order as part of the Annual Return, and will be making church visits to monitor, help and assist.

29. Employment, Volunteers, and Housing • We are seeing an increase in the appointment of Lay Leaders, Church Workers, and Volunteers and have prepared a new Information Sheet on Employment, Housing and Managing Volunteers, which is available to download from the Synod website. • The information sheet includes advice on recruitment, statements of employment, contracts and volunteering Agreements. Housing for ministers and terms of settlement continue on the same basis, but the housing of employees and volunteers require special consideration. • Any charge for employee accommodation will be capped under the Minimum Wage Order, and the Minimum or Living Wage will apply to employees. Unpaid volunteers fall outside this ‘cap’ and the Minimum Wage will not apply, so housing can be provided without charge or subject to a tenancy Agreement and rent.

30. Church Closure • There is a new information sheet on the website and Synod is always available to support churches through difficult times.

31. Data Protection GDPR – Get Ready for Data Protection

32. DP - The what and why • What is Data Protection • Legislation - Data Protection Act 1998 • Set of rules aimed at protecting the privacy rights of the individual • Regulated by the Information Commissioner’s Office • Covers written and computer records • Why do we need to comply • It’s the law • Personal security and safety • Position of Trust • 2017 estimated 3.6 million incidents of fraud in the UK and Wales

33. DP – what is changing and when25 May 2018 Current Rules • Registration • Have a policy • All data kept securely • All employees comply • Consent from individuals to hold sensitive data • Personal data not shared without subject’s permission • Subject Access requests • Claims must have financial element

34. DP – what is changing New rules 25 May 2018 • No longer need to register • May need a policy depending on size • Have a privacy statement • Strategy for securely storing information, with retention periods • Nominated Data Controller (not Officer) • Self audit • Subject can request deletion • Claims can include distress

35. DP - What happens nextGood news! • Church House have produced a set of documents to guide Synods and churches through the new Data Protection regulations. • DP ‘Toolkit’ contains • DP Good practice checklist • Hints and tips • Standard Privacy Statement • Standard Consent form • Find these at https://www.urc.org.uk/GDPR.html • Consider also creating your own DP Policy to comply with ‘Good Practice’

36. DP – what you can do now! • Review your current practices – who/what/why • Compile a list of all the data you keep • Improve any systems you know to be weak or in breach • Spread the word • For more information – • Information Commissioner’s Office Website ICO.org.uk • ICO Helpline 0303 123 1113/select option 4 • Other online resources eg • ‘GDPR for Churches’ website http://www.gdprforchurches.org.uk • ACAT website http://www.acat.uk.com/

37. And finally…………………. • We hope you have enjoyed our presentations and found them useful • Any questions? • Don’t forget to use the Synod website for helpful information and support on a wide range of topics • Thank you for coming and we wish you a Safe journey Home