Policy, Organisation and Rules

5b.1.1.1 Federation of charities 
This chapter applies only to Groups, Districts and Counties within the Scouts’ federation of charities operating under The Scout Association’s Royal Charter.

Matters concerning UK Headquarters and Country Headquarters are detailed in POR Chapter 6.

5b.1.1.2 Status of each charity 

1. In countries other than Scotland, each Group, District and County is a separate, unincorporated educational charity within the Federation, operating under the Royal Charter. They must operate as such, regardless of whether they are:
   1. registered with a charity regulator (see POR 5a.1.1.2)
   2. in England and Wales, an excepted charity (see POR 5a.1.2.2)
   3. not a charity in law. 

   These local charities must not be incorporated. 

2. In Scotland, a Group, District or Region may choose to register as an Unincorporated Scottish Charity but is not required to do so. They must not register as a Scottish Charitable Incorporated Organisation (SCIO) as they must remain part of the Federation and operate under its Royal Charter. 
   Scottish Scout units not registered with OSCR may not claim gift aid (see POR 5e.8.1.4)

5b.1.1.3 Trustees of the charity 
Whether registered or not, members of the relevant Trustee Board must act collectively as the Trustees of their Scout unit, and in the best interests of the Scout Unit’s members. 

5b.1.1.4 Members of the charity 
The members of the Scout unit eligible to vote at their AGM are the members of the relevant Scout Council as detailed in POR 5b.3.2. 

5b.1.1.5 Execution of contracts and other legal documents
As unincorporated charities, Groups, Districts and Counties do not have their own corporate status. This means they must not enter into contracts in the name of the Group, District or County. Instead, contracts and other legal documents must be executed by the trustees on behalf of the organisation. These documents may refer to the trustees collectively as ‘the Trustees of …’ or name them individually ‘as trustees of …’.  These documents must be signed by trustees authorised by the Trustee Board. 

5b.1.1.6 Constitution and organisation 
Within Scouts, charities must be constituted and operate within the framework of:

1. the Royal Charter
2. the Byelaws 
3. Policy, Organisation and Rules 

to benefit from formal membership of The Scout Association.  

This also includes:

1. Use of branding (POR Chapter 2e)
2. Membership (POR Chapter 3)
3. Insurance (POR Chapter 5g)
4. Wearing of uniform (POR Chapter 10)

5b.1.1.7 Governance arrangements 
The governance arrangements for Groups, Districts and Counties are governed by this POR Chapter 5b.

Note that the financial arrangements for Groups, Districts and Counties are included in POR Chapter 5e.

Fundraising guidance for Groups, Districts and Counties is included in POR Chapter 5f.

5b.1.1.8 Registered charities 
POR Chapter 5a applies if the charity is registered with their charity regulator (or, in England and Wales, if it is an excepted charity), including if it has ownership of land or property. 

5b.1.1.9 Counties with no Districts 
For Counties that have no Districts, or have a directly administered District or Group, the County Trustee Board must also assume the District-related or Group-related responsibilities of this chapter. 

5b.1.1.10 Directly administered Groups 
For Districts that have a directly administered Group, the District Trustee Board must also assume the Group-related responsibilities of this chapter. 

5b.2.1.1 Good governance 
Good governance focusses on oversight and strategy and maintains focus on supporting and assuring the organisation’s strategic goals. Every member of the Federation must adopt a governing document. In the Scouts’ Federation of charities, and in this Chapter, the governing document is referred to as a constitution.

5b.2.1.2 Governing document 

1. A governing document explains what the member of the Federation is set up to do, and how it operates, it sets out the rules to be followed in the governance of the member of the Federation. In Scouts the governing document of each member of the Federation is called their constitution.  All Trustees must understand their constitution, and make sure it is kept up to date.
2. The principal governing document of The Scout Association is the Royal Charter. 
3. In countries other than Scotland, POR Chapter 5c includes the model constitution which should be adopted by each Group, District and County as their governing document. 
   In Scotland, POR Chapter 5d includes the model constitution which should be adopted by each Group, District and County as their governing document. 
4. Every Trustee Board must ensure that their charity’s aims are aligned with The Scout Association’s overall aims and strategic goals and are being delivered effectively and sustainably. 

5b.2.1.3 Charitable purpose
Charities exist to fulfil their charitable purposes. Trustees must understand the environment in which the charity is operating and lead the charity in fulfilling its purposes as effectively as possible with the resources available. To do otherwise would be failing beneficiaries, funders and supporters.  

5b.2.1.4 Collective responsibility of Trustees 
The Trustees must collectively:

1. ensure that the charity is carrying out its purposes for the public benefit 
2. comply with the charity’s governing document and the law 
3. act in the charity’s best interests 
4. manage the charity’s resources responsibly 
5. act with reasonable care and skill 
6. ensure the Scout unit is operating in compliance with POR and the local charity regulator, including effective management of each of the Key Policies listed in POR Chapter 2a. This includes ensuring that their Scout unit meets its responsibilities in respect of each the Key Policies, including:
   
   1. meeting the responsibilities and obligations of the Safeguarding Policy (POR 2a.7) 
   2. meeting the responsibilities and obligations of the Safety Policy (POR 2a.8) 
   3. complying with data protection law, recognising that, dependent on circumstances, it may at different times act as a Data Controller and as a Data Processor. This includes ensuring all data is processed in line with POR 2a.3.2.1
   4. ensuring that the Leadership Team has provisions in place to respond to data breaches, data protection complaints and subject rights requests 

5b.2.1.5 Trustee Board team description 
There is a team description for a Trustee Board. 

5b.2.1.6 Charity registration 
Some Groups, Districts or Counties may also need to register as a charity. It is also important that each Trustee Board is aware of the charity regulator that governs them. (See POR Chapter 5a for details).   

5b.2.1.7 Trustee support networks  

1. To support effective governance and share good practice across the Groups of the District, the District Chair and District Treasurer should create support network(s) amongst the Group Chairs and Group Treasurers of the District. 
2. To support effective governance and share good practice across the Districts of the County, the County Chair and Treasurer should create a support network amongst the District Chairs and Treasurers of the County. 

5b.3.1.1 Scope 
The rules in POR 5b.3 applies to each Group, District and County, whether or not it is registered with a charity regulator. 

5b.3.1.2 Model constitution 
Every charity within the Scouts’ federation of charities 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 relevant model constitutions from those provided in POR Chapters 5c and 5d. 

5b.3.1.3 Varying the model constitution 
Any variations to the model constitution must be consistent with the rest of POR, and must not cause the Group, District or County to operate in a manner that breaches POR. 

5b.3.1.4 Adopting the model constitution unchanged 
A Group, District, or County which adopts unchanged the relevant model constitution from POR Chapter 5c or 5d must record in their AGM minutes that the POR Chapter 5c or 5d model constitution is fully adopted as its constitution. In this case, a copy of the constitution does not need to be attached to the AGM minutes – it is sufficient for the adoption of the relevant constitution from POR Chapter 5c or 5d to be stated in the AGM minutes, though the minute recording the adoption should include the phrase “as may be amended in POR from time to time”. 

5b.3.1.5 Adopting the model constitution with local amendments 
A Group, District, or County which adopts the model constitution in POR Chapter 5c or Chapter 5d as appropriate but makes a local amendment to the model constitution, must describe the amendment at their AGM, gain the Scout Council’s approval for the local amendments, and record in the minutes of their AGM:

1. the adoption of the model constitution from POR Chapter 5c or Chapter 5d as the basis of their constitution, though the minute recording the adoption should include the phrase “as may be amended in POR from time to time” 
2. the specifics of the local amendment(s) that it has adopted. 
3. clear reasoning for each local amendment. 

5b.3.1.6 Adopting a different constitution
A Group, District, or County which adopts its own constitution, must describe at the AGM, gain the Scout Council’s agreement to the differences and record in the minutes of their AGM: 

1. the differences between their constitution and the relevant model constitution from POR Chapter 5c or Chapter 5d – the minute should make it clear that it is the most recent edition of POR (as at the AGM) is being used for the comparison 
2. clear reasoning for each of the differences  
3. confirmation that their Scout Council AGM recognises that it has approved a constitution that is not based around the model constitution from POR, and that the Scout Council has fully endorsed the differences between their constitution and the model constitution 

5b.3.2 Scout Council – Annual General Meeting 

5b.3.2.1 Timing 
Each Scout Council must hold an Annual General Meeting (AGM) within six months of the end of the Group’s, District’s or County’s financial year. Trustee Boards should give all members of their Scout Council at least four weeks’ notice of the date of the AGM. 

5b.3.2.2 Trustee Annual Report and Accounts 
Before the AGM, the Trustee Board must prepare and approve the Trustees’ Annual Report and the annual statement of accounts. The accounts must have completed their examination by an appropriate auditor or independent examiner (see POR 5e.3). This must include the formal approved report from the auditor or independent examiner. 

5b.3.2.3 Minutes and Report filing 
Following each AGM, the Trustee Board administration must ensure that the Trustees’ Annual Report and Accounts, including the formal approved report from the auditor or independent examiner are filed as described in POR 5e.2.1.2 and 5e.2.1.3. 

Because the minutes of the AGM cannot be formally approved by the Scout Council until the charity’s next AGM, it is good practice for the new Trustee Board to verify the draft Minutes of the AGM at their first meeting following the AGM,  

5b.3.2.4 Group Scout Council – ex officio members 
Ex officio members of the Group Scout Council are: 

1. all adult members of the Group – see Group roles listed in the POR Chapter 16 Teams Table  
2. all Young Leaders who are members of a Section Team of one of the Group’s sections 
3. all Patrol Leaders of the Troop(s) in the Group 
4. all parents of Squirrels, Beavers, Cubs and Scouts in the Group 
5. all members of the Explorer Section Team of an Explorer Unit partnered with the Group, if so specified in a Partnership Agreement between the Unit, the Group and the District 
6. all Explorers of an Explorer Unit partnered with the Group, if so specified in a Partnership Agreement between the Unit, the Group and the District 
7. all parents of Explorers of an Explorer Unit partnered with the Group, if so specified in a Partnership Agreement between the Unit, the Group and the District 
8. the Sponsoring Authority, where there is one, or its nominee 
9. the District Lead Volunteer 
10. the District Chair  

5b.3.2.5 District Scout Council – ex officio members 
Ex officio members of the District Scout Council are: 

1. All adult members with a role in one of the District’s teams or sub-teams - see District roles listed in the POR Chapter 16 Teams Table  
2. All adults with the following appointments in the Groups in the District
   1. Group Lead Volunteers and Group Leadership Team Members
   2. Section Team Leaders and Team Members 
   3. Group Trustee Board members (Chairs, Treasurers, Trustees) 
3. All Explorers (including Young Leaders) in the District
4. All members of the District Scout Network
5. all parents of all Explorers (including Young Leaders) in the District 
6. (^[NI] only) Regional Lead Volunteer 
7. the County (^[NI] Country) Lead Volunteer 
8. the County (^[NI] Country) Chair 

5b.3.2.6 County Scout Council [Counties with Districts] – ex officio members 
(^[NI] POR 5b.3.2.6 does not apply in Northern Ireland)  
IMPORTANT: Use POR 5b.3.2.6 only for Counties that have two or more Districts. For Counties with no Districts, use POR 5b.3.2.7. 

Ex officio members of the County Scout Council are: 

1. all adult members with a role in one of the County’s teams or sub-teams – see County roles in the POR Chapter 16 Teams Table  
2. All adults with the following appointments in the Scout Districts in the County
   1. District Lead Volunteers and District Leadership Team Members
   2. District Trustee Board Chairs, Treasurers and Trustees
   3. District Youth Leads
   4. District representatives (2 per District) selected by their respective District Scout Councils at their AGM
3. the Regional Lead Volunteer (in England, Wales, the Channel Islands and the Isle of Man) 

5b.3.2.7 County Scout Council [Counties with no Districts] – ex officio members 
(^[NI] POR 5b.3.2.7 does not apply in Northern Ireland)  
IMPORTANT: Use POR 5b.3.2.7 only for Counties that have no Districts. 
For Counties with two or more Districts use POR 5b.3.2.6. 

Ex officio members of the County Scout Council are: 

1. all adult members with a role in one of the County’s teams or sub-teams – see County roles in the POR Chapter 16 Teams Table  
2. all Group Lead Volunteer(s) and Group Leadership Team Members of each Group in the County 
3. all Group Lead Volunteer(s) and Group Leadership Team Members of each Group in the County 
4. all Section Team Members of each Group in the County 
5. all Group Trustee Board members (Chairs, Treasurers, Trustees) of each Group in the County 
6. all Explorers (including Young Leaders) in the County 
7. all members of the Scout Network in the County 
8. all parents of all Explorers (including Young Leaders) in the County 
9. the Regional Lead Volunteer (in England, Wales, the Channel Islands and the Isle of Man) 
10. the UK Chief Volunteer for International (for the Overseas Territories) 

5b.3.2.8 Appointed members of a Scout Council 
The appointed members of a Group, District or County Scout Council are other supporters of the Group, District or County.

They are appointed by the Scout Council at their AGM on the recommendation of the Trustee Board for a fixed period not exceeding three years. Subsequent reappointments are permitted. 

A Scout Council does not need to have any appointed members. 

5b.3.2.9 Community members of a Scout Council 
The community members of a Group, District or County Scout Council are representatives of the local community appointed because of their role rather than by their name. For example, local headteachers, or Parish Council members.

They are appointed by the Scout Council at their AGM, on the recommendation of the Trustee Board, for a period of one year. Subsequent reappointments are permitted. 

A Scout Council does not need to have any community members. 

5b.3.2.10 Numbers of appointed and community Scout Council members 
The total number of appointed and community members of a Group, District or County Scout Council must not exceed the number of ex officio members.

5b.3.2.11 Membership status of Scout Council members 
Membership of a Scout Council does not in itself provide any member status of Scouts.

5b.3.2.12 Right of attendance 
The County (^[NI] Country) Lead Volunteer has the right of attendance at each Group Scout Council meeting in the County (^[NI] this right of attendance also applies to Regional Lead Volunteers). 

5b.3.2.13 Ending membership of a Scout Council member 
An individual’s membership of a Group, District or County Scout Council ends when any of these events occur:

1. The Scout Council member resigns 
2. The Scout Council member no longer qualifies as a member of the relevant Scout Council 
3. The Scout Council is dissolved 
4. Scout Council membership is terminated by UK Headquarters following a recommendation by the relevant Trustee Board.  

5b.3.3 Trustee Board Membership 

5b.3.3.1 Numbers of Trustees 
A Trustee Board should comprise a maximum of twelve Trustees (the total of all ex officio, appointed and co-opted Trustee categories), with a minimum of five Trustees. The maximum number of Trustees must be approved by the Scout Council at its AGM.

5b.3.3.2 Charity Trustees 
Each ex officio, appointed and co-opted member of the Trustee Board is a charity Trustee of the Group, District or County. 

5b.3.3.3 Ages of Trustees and members of Trustee Board sub-teams
It is good practice for a Trustee Board to have at least two Trustees aged between their 18th and 25th birthdays.

It is good practice for a sub-team of a Trustee Board to have at least two members aged between their 18th and 25th birthdays.

5b.3.3.4 Minimum ages of Trustees 
A person must have reached their 18th birthday before they take on a Trustee role in Scouts. This applies whether or not the Federation member is a registered charity. 

5b.3.3.5 Types of Trustees 
There are three classifications of Trustee: 

1. Ex officio  
   These people are Trustees by virtue of their role in Scouts. They are a vital part of the Trustee Board, providing a clear link with the leadership and operation of the charity.  They are: 
   • For the Group Trustee Board – the Group Lead Volunteer 
   • For the District Trustee Board – the District Lead Volunteer and the District Youth Lead 
   • For the County Trustee Board – the County Lead Volunteer and the County Youth Lead. 
     
     There is only one ex officio Trustee role for each of the above roles, so where there are joint role holders for a role, the role holders must decide, in discussion with the Chair, which of them should be the ex officio Trustee. However, each role holder of any of the above roles must be eligible to be a Trustee (as specified in POR 16.1.3.1(g) and POR 16.2.2.1(e)). 

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. 
   The proposal from the Trustee Board is received by the Scout Council at their AGM. The proposal from the Trustee Board does not require seconding by a member of the Scout Council. The action of the Scout Council is to approve or not approve the proposed name(s) from the Trustee Board. 
   Vacancies for appointed Trustees only occur at the end of their period of appointment. For example, a District Chair may have been appointed for three years and so does not need to be re-appointed or re-selected after years one and two. 

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, as well as providing a method of filling vacancies that may occur between AGMs. 
   The Trustee Board must ensure that any co-opted appointments are made following an appropriate selection process, similar to that described for Appointed Trustees. 

5b.3.3.6 Selecting and appointing Trustees 
The Trustee vacancies should be advertised widely, including to all members of the Scout Council aged 18 or over, so that it is clear that it is an open selection process. It may include a nominations process or an election process or other locally appropriate procedures 

Persons recommended for appointment to the Trustee Board may include members of the Scout Council but may also include people from outside the Scout Council (including people from outside Scouts) provided that there is no conflict of interest. 

5b.3.3.7 Persons disqualified as Trustees 
Certain people are disqualified from being members of Trustee Boards by virtue of the Charities Acts (in Scotland, the Charities and Trustee Investment (Scotland) Act 2005). This must be determined during the appointment process through the Trustee’s declaration and by Trustee eligibility checks (POR 16.1.3.1(d) and (e) and 16.2.2.1(d) and (e)). 

5b.3.3.8 Conflicts of interest 
Governance roles must be distinct to help manage conflicts of interest. 

This includes a requirement that the roles of Chair and Treasurer must be kept separate and be undertaken by two different people. Further, to ensure no conflict of interest, the roles of Chair and Treasurer should not be undertaken by close family members (including husband and wife, parent and child). 

Subject to the conflict of interest rules (see POR Chapter 16 and the definition of ‘conflict of interest’ in the POR Definitions Chapter), a Trustee may be a member of more than one Trustee Board.

5b.3.3.9 Trustees - term of appointment 

1. Appointed Trustees (including Chair and Treasurer) are appointed by the Scout Council at their AGM for an initial period of no longer than three years. The Scout Council may agree further periods of appointment. 
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. Their membership of the Trustee Board ceases as soon as they are no longer in a role that includes Trustee responsibility. 
   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, including their time as an ex officio Trustee. As example, if a Group Lead Volunteer served five years in that role and then became an appointed Trustee on the Group Trustee Board, that person could serve as an appointed Trustee for no more than four years. 
5. A volunteer who has been a Trustee on a specific Trustee Board for a total of nine years (which need not be consecutive) may be considered for re-appointment to the same Trustee Board after a gap of a minimum of three years. If so reappointed, the nine-year rule above also applies from the date of reappointment. 
   The nine-year Trustee maximum term rule comes into effect from the Federation member’s AGM held during 2024 – it does not include years served as a Trustee prior to the 2024 AGM.

5b.3.3.10 Supporting Trustee skills 
All Trustees must complete learning as specified in POR Chapter 16. 

5b.3.3.11 Membership system 
All Trustees, and members of sub-teams, must be recorded on the membership system. 

5b.3.3.12 Action following resignation 
If a Trustee Board Chair or Treasurer resigns, then POR 16.9.2 must be followed.  

5b.3.3.13 Effective Trustee Board administration 
Each Trustee Board must have effective administration support. The administration may be provided by one or more persons as appropriate to the Trustee Board.  

The administration role(s) are ‘operational’ role(s) and will typically be member(s) of the Group Leadership Team, the District Support Team or the County Support Team as appropriate, or one of their sub-teams.  

A Trustee Board member should not take minutes at a meeting, as it makes it difficult for them to properly contribute to the meeting and meet their trustee responsibilities.  

More information is available about tools to support Trustee Boards.

5b.3.3.14 Right of attendance and invited attendees 
People invited to attend a meeting of the Trustee Board, or with right of attendance, may be present at the meeting but are not charity Trustees and have no voting rights. 

1. The District Lead Volunteer, the District Chair and the County (^[NI] Country) Lead Volunteer each have the right of attendance at meetings of each of the Group Trustee Boards in the Districts in the County (^[NI] Country).  
2. The County (^[NI] Country) Lead Volunteer and the County (^[NI] Country) Chair each have the right of attendance at meetings of each of the District Trustee Boards in the County (^[NI] Country).
3. These members have the right of attendance at meetings of the County Trustee Board: 
   • the Regional Lead Volunteer (in England and in Wales) 
   • the Chief Volunteer of Scotland (in Scotland) 
   • the UK Chief Volunteer for International (for British Scouting Overseas and for each of the five Overseas Territories) 
4. These members must be invited to attend meetings of the County Trustee Board:  
   • the County’s Nominated Member(s) on the Council of The Scout Association  
   • the County’s Nominated Youth Representative on the Council of The Scout Association  
5. Right of attendance at Group Trustee Boards also extends to: 
   • The Sponsoring Authority (or their delegate) of a Sponsored Group 
   • For a Joint Scout and Guide Group, the Guide equivalent of the Group Lead Volunteer has right of attendance at the Scout Trustee Board.