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Constitution - requirement SV

5.3 applies to each Group, District and County, whether or not it is registered with a charity regulator. 

5.3.1.1 Every charity must have an agreed constitution.  Although a charity may agree its own constitution, it is very strongly encouraged that each Group, District and County adopts the model constitutions that are shown in 5.4, 5.5 and 5.6, respectively, in this chapter.  

The model constitutions in 5.4, 5.5 and 5.6 describe the role, membership and operation of the Scout Council, and the Trustee Board. 

5.3.1.2 In the interest of openness, especially for new members of the Scout Council, the Scout Council should re-adopt their charity’s constitution at each AGM. This must be recorded in the minutes of the AGM.

A Group, District, or County which adopts unchanged the model constitution in 5.4 should record in their AGM minutes that POR 5.4, 5.5 or 5.6 is fully adopted as its constitution.  In this case, a copy of 5.4, 5.5 or 5.6 does not need to be attached to the minutes – it is sufficient for the adoption of 5.4, 5.5, 5.6 to be stated in the AGM minutes.

A Group, District, or County which adopts the model constitution in 5.4 but makes a local amendment to the model constitution must record in the minutes of their AGM:

  1. the adoption of the model constitution in POR 5.4, 5.5 or 5.6 as the basis of their constitution
  2. the specifics of the local amendment(s) that it has adopted.
  3. clear reasoning for the local amendment

A Group, District, or County which adopts its own constitution, must record in the minutes of their AGM:

  1. the differences between their constitution and the model constitution            
  2. clear reasoning for the retention of each of the differences
  3. confirmation that the Scout Council AGM has approved a  constitution that is not based around the model constitution from POR 

5.3.1.3 As stated in Rule 16.1.1.1, a person must have reached their 18th birthday before they take on a charity Trustee role in the Scouts. 

5.3.1.4 There are three classifications of Trustee:

  1. Ex officio
    These people are Trustees by virtue of their role in the Scouts. They are a vital part of the Trustee Board, providing a clear link with the leadership and operation of the charity.

  2. Appointed by the Scout Council 
    These Trustees are appointed by the Scout Council at their AGM following a rigorous and transparent selection process agreed by the members of the Trustee Board.  This includes the Chair and Treasurer roles. 

    This selection process may include nominations or an election process or other locally appropriate procedures.  It may include selection of persons with specific skills from outside the Scouts.  
    The Trustee vacancies should be advertised widely so that it is clear it is an open process.  It may include members of the Scout Council and may also include people from outside the Scout Council (including from outside the Scouts) provided that there is no conflict of interest.

  3. Co-opted by the Trustee Board 
    These Trustees are appointed by the Trustee Board.  Co-opting offers the Trustee Board a way of broadening its skills mix or to introduce potential new Trustees mid-year. 
    The Trustee Board must ensure that co-opted appointments follow an appropriate selection process, similar to that described for Appointed Trustees.

5.3.1.5 Certain people are disqualified from being charity trustees by virtue of the Charities Acts.  This must be determined during the appointment process through the Trustee’s declaration and by Trustee eligibility checks (see Rule 16.1.3.1(d) and (e)). SV 

In the previous edition of POR, Section Leaders (if they opted in), Deputy Group Scout Leaders and Group Secretary (if appointed) were ex officio members of the Group Trustee Board.  If they are currently in role as ex officio Trustees at the time of this edition of POR becoming ‘live’ (1st April 2024) then their role as a Trustee will continue until the next Group AGM after 1st April 2024, or until 31st March 2025, whichever is sooner.   

In the previous edition of POR, the District Explorer Scout Commissioner, the District Scout Network Commissioner and the District Secretary (if appointed) were ex officio members of the District Trustee Board.  If they are currently in role at the time of this edition of POR becoming ‘live’ (1st April 2024) then their role as a Trustee continues until the next District AGM, or until 31st March 2025, whichever is sooner.   

In the previous edition of POR, the County Secretary (if appointed) was an Ex Officio member of the County Trustee Board.  If they are currently in role at the time of this edition of POR becoming ‘live’ (31st March 2024) then their role as a Trustee will continue until the next County AGM, or until 31st March 2025, whichever is sooner.   

5.3.1.6 Trustees - term of appointment 

  1. Appointed Trustees are appointed by the Scout Council for an initial period of no longer than three years.
    Further periods of appointment may be agreed by the Scout Council.
  2. Co-opted Trustees are appointed by the Trustee Board for an initial period of one year.
    Further periods of appointment may be agreed by the Trustee Board, however co-opted Trustees are encouraged to move to being appointed trustees at the next AGM.
  3. Appointed and co-opted Trustees must serve no more than nine years in any Trustee role on the specific Trustee Board (this includes Chair and Treasurer). As example, if a Trustee served three years and then became Treasurer on the same Trustee Board, that person could serve as Treasurer for no more than six years.
  4. Ex officio Trustees serve as a Trustee for as long as they hold the ex officio role. If their ex officio role is held for less than nine years, then they may hold an appointed or co-opted Trustee role to a maximum of nine years as a Trustee on the specific Trustee Board.
  5. A volunteer who has been a Trustee may be considered for re-appointment to the same Trustee Board after a gap of three years.
  6. Ex officio Trustees hold their trustee responsibilities for as long as they hold their role that includes trustee responsibility. Their Trustee membership of the Trustee Board ceases as soon as they are no longer in role.
  7. The nine year Trustee maximum term rule referred to in 5.3.1.6 comes into effect from the charity’s AGM held during 2024.

5.3.1.7 All Trustees must complete learning as specified in Rule 16.1.3.1(g), 16.2.3.1(g) and the Chapter 16 Roles Table.

5.3.1.8 In addition to the Rules in 5.3, important parts of the model constitution in 5.4, 5.5 or 5.6 are Rules that must be followed. To ensure good and transparent governance, reasons for any variation from 5.4, 5.5 or 5.6 must be clearly documented in the minutes of the AGM.