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Land and property

5a.3.1.1 Key requirement 
Groups and Explorer Units must be properly accommodated and equipped in order to carry out their training programmes. 

5a.3.1.2 Trustee responsibilities 
Group, District and County Trustees must ensure that all legal requirements in their jurisdiction (see POR 5a.1.1) relevant to the ownership of all property and equipment or to the leasing or hiring of premises are met. 

5a.3.2 Property and Equipment – all countries except Scotland

5a.3.2.1 Title

  1. All freehold, leasehold or licensed land, with or without buildings, must be held by at least two and no more than four Holding Trustees (POR 5a.3.2.2) appointed as specified

    UNLESS
  2. Title to the said land is held by a Custodian Trustee on behalf of the Scout Unit, for example SATC or the Official Custodian for Charities. 

5a.3.2.2 Holding Trustees
Holding Trustees of land must be appointed under either a Declaration of Trust or named as the Trustees in the relevant Conveyance, Lease, Licence or such other Deed, Transfer or other formal agreement as may be necessary in the circumstances.   

These trust deeds or agreements must make sure the Scout Unit can comply with The Scout Association’s Royal Charter, Bye laws and with POR, as well as any jurisdictional requirements that apply to where the Scout Unit is based. 

The SATC will hold land upon standard trusts which have been approved by the SATC’s legal advisers. 

5a.3.2.3 SATC as Custodian Trustee
The SATC can be appointed by Scout bodies in England and Wales to hold title to land as Custodian Trustee only and, as such, the SATC cannot have any responsibility for the decision-making or day-to-day management of the Scout unit or its land.   

The SATC is also unable to negotiate land or property matters on behalf of Scout bodies.  

The SATC must be appointed through its proper procedure for which a standard fee is chargeable. Contact the SATC in writing at Gilwell Park, Chingford, London E4 7QW or at [email protected]

As Custodian Trustee, the SATC must obtain instructions regarding the land or property from a member of the relevant Scout body’s Trustee Board or a person or persons properly authorised by that Trustee Board to instruct the SATC.   

5a.3.2.4 Declaration of Trust 
A suggested template for a Declaration of Trust suitable for local Trustees to declare Trust when intending to hold title to land, is available from The Scout Association’s Legal Services Department which should then be amended and checked by a local solicitor acting for the Group, District or County to reflect the particular local circumstances. 

5a.3.3 Property and Equipment – Scotland 

5a.3.3.1 Custodian arrangements 
The Scout Association Trust Corporation (SATC) does not operate in Scotland. In Scotland, the rules in POR 5a.3.3 apply in regard to the ownership of property and equipment.

5a.3.3.2 Title and Deed of Trust 
Any heritable property which the Scottish Council, any Regional Scout Council, any District Scout Council or any Group may acquire by purchase, lease, gift or otherwise shall be vested in and the Title thereto shall be taken in the names of: 

a. In the case of the Scottish Council:

      • the Chief Volunteer of Scotland
      • the Chair
      • the Treasurer of the Board of Trustees of Scouts Scotland
      • the Chief Executive Officer

or any three of them for the time and their successors in office as Trustees for the Scottish Council.

b. In the case of a Regional Scout Council, District Scout Council or Group Scout Council:

      • the Regional Lead Volunteer
      • the Regional Chair
      • the Regional Treasurer of the Region Trustee Board

or any two of them for the time and their successors in office as Trustees for the benefit of the Regional Scout Council, District Scout Council or Group as the case may be.

A Deed of Trust should exist for all heritable property setting out the rights and responsibilities of Regions, Districts and Groups. A template is available from Scottish Headquarters.  

Where historic Title Deeds are still vested in the Trustee Office Bearers of former Counties, Shires or Areas, these are still legally acceptable through a Deduction of Title lodged with, and accepted by Registers of Scotland.

5a.3.3.3 Trustee powers 
Such Trustees from POR 5a.3.3.2, or a majority of them, have power to sell in respect of the heritable property or any part thereof vested in them as aforesaid, and they have the power to borrow on the security thereof for the benefit of Scouts Scotland, the Regional Scout Council, District Scout Council or Group as the case may be.

5a.3.3.4 Moveable property 
All moveable property including cash and debts due to the Scottish Council, any Regional Scout Council, any District Scout Council or any Group, and claims of every description competent to them shall be held to be vested in the Scottish Council, the Regional Scout Council, the District Scout Council or the Group.

Power to take any proceedings necessary to safeguard, recover, vindicate or pursue the same shall be vested in respectively:

  1. the Chief Volunteer of Scotland, the Chair, the Treasurer of the Board of Trustees and the Chief Executive Officer for the time or any two of them. 
  2. the Regional Lead Volunteer, the Regional Chair, and the Regional Treasurer for the time or any two of them. 
  3. the District Lead Volunteer, the District Chair, and the District Treasurer for the time or any two of them. 
  4. the Group Lead Volunteer, the Group Chair, and the Group Treasurer for the time or any two of them. 

5a.3.3.5 Leases 
Any leases, except heritable leases as aforementioned, and other probative writings entered into by the Scottish Council (or the Board of Trustees of Scouts Scotland on its behalf), any Regional Scout Council, any District Scout Council or any Group shall be executed for and on their behalf by those listed in (a), (b), (c) and (d) above respectively.

5a.3.4 Land occupied but not owned by Groups, Districts and Counties 

5a.3.4.1 Rental properties 
The Group, District or County Trustee Board should obtain a formal written agreement regarding land or premises that they are renting.  

In any event, no large amount of capital should be expended on buildings or other improvements unless the Group, District or County has at least seven years uninterruptible interest remaining in the said land. 

5a.3.4.2 Rates relief 
The Group, District or County Treasurer should ensure that all possible relief from rates is obtained for all property that they are liable to pay rates on.

5a.3.5 Property - Sponsored Groups  

5a.3.5.1 Sponsoring authorities 
Agreements with Sponsoring Authorities must identify property belonging to the Sponsoring Organisation and that belonging to the Group.

5a.3.5.2 Property owned by Sponsored Groups 
Property owned by the Sponsored Group as recorded in such agreements must be administered as required by these rules.

5a.3.6 Disposal of Property at Amalgamation 

5a.3.6.1 Declarations of Trust 
The Model ‘Declarations of Trust’ referred to contain certain provisions for the amalgamation of Groups, Districts and Counties. 

5a.3.6.2 Change of Trustees at amalgamation 
The retiring Trustees of the Group, District or County which are amalgamating must hand to the Trustees of the new Group, District or County all documents of title and the keys to any buildings which the former had.  

5a.3.7 Disposal of Property at Closure  

5a.3.7.1 Transfer at closure
The property of a Group, District or County which ceases to exist will automatically pass to the District Scout Council, County Scout Council or UK Headquarters as appropriate unless there is some pre-existing arrangement by which the property passes to another beneficiary.  

Such property must be treated in the same way as other assets. 

5a.3.8 Joint Occupation of Premises by Joint Scout and Guide Units 

5a.3.8.1 Declaration of Trust 

  1. A special Declaration of Trust, which must provide for the formation of a joint management committee, must be drawn up if the premises are to be owned and occupied jointly by Scout and Guide units.  
    This does not apply if the premises are used jointly under licence or if the premises are occupied by other similar arrangements.  
  2. A model Declaration of Trust is available from The Scout Association’s Legal Services department. Changes to this Declaration, or any alternative trust deed used to document jointly owned and occupied property must make sure the Scout Unit can comply with The Scout Association’s Royal Charter, Bye laws and with POR, as well as any jurisdictional requirements that apply to where the Scout Unit is based.  
  3. No changes to the model Declaration of Trust are permitted without the approval of The Scout Association’s Legal services department if the property is to be held by the Scout Association Trust Corporation.