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Scope

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.