Constitution – governance context

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.