Church of Scotland Act 1921 - Current Position

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."

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. 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 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.