Lesson 2: Understand Trustee Boards and trusteeship in Scouts
Lesson 2: Understand Trustee Boards and trusteeship in Scouts
Trusteeship
There are differences in charity regulations (and different charity regulators) depending on where you live in the UK. In this lesson, we'll help you understand these and detail what they are in your area.
To stay in line with legislation, all charities must have a governing body, which in Scouts we call the Scout Council. The Scout Council appoints the Trustee Board. Members of the Trustee Board are known as the charity trustees, and have to act as one collective in the running of their particular Scout Group, District or County.
Being a trustee means that you’re legally responsible for the management and running of a charitable organisation (in this case, your local Scout Group, District or County). Trustees make decisions that will impact on people’s lives and you will be making a difference to your local community, using your skills and experience to support Scouts and helping them achieve their aims.
If you think that sounds intimidating, don’t worry – the responsibility is shared between everyone on the Trustee Board. You’re not dealing with anything alone.
Although the Charity Commission is the regulator for England and Wales, it has a great guide on the essential trustee: what you need to know and what you need to do. We recommend all trustees read this guide here and keep it handy.
Regional variations and official regulators
Charity regulatory bodies set out national standards and seek to ensure these standards are in place. Depending on where you live, you will need to follow the regulations of that particular body.
Each Group, District, County and Country, as well as UK HQ, are separate entities with their own Trustee Board. Some are registered with a charity regulator as outlined below. If you’re not a registered charity, you MUST NOT use the charity number of any other charity including any Scout charity. If you’re registered, you can only use the charity number specifically allocated to you.
In England and Wales, Scout Groups, Districts and Counties are automatically charities in their own right.
The official charity regulator for England and Wales is called The Charity Commission
Scout Groups have to sign up with the Charity Commission for England & Wales if:
- their annual income is over £100,000
- they have a permanent endowment
- they own land or buildings
- they have a permanent endowment or own a building with an annual income that’s over £5,000
In Northern Ireland, Scout Groups, Districts and Counties must register as a charity. In Ireland, the official charity regulator is The Charity Commission for Northern Ireland.
You can find out more about being a Trustee in Northern Ireland here.
In Scotland, Scout Groups, Districts and Regions (Scotland) are not automatically Charity Trustees, although they have to behave in the same way. If a Scout Group, District or Region (Scotland) wants to become a charity, they need to register individually with the Office of the Scottish Charity Regulator (OSCR). Scout Groups, Districts and Regions (Scotland) can decide whether or not to register, and not all of them do.
If you don’t register though, you’re unable to claim Gift Aid which is a valuable source of income, so this should be considered. (See lesson 4 below)
Charity Trustees in Scotland have four general duties. They must:
- Act in the best interests of the charity.
- Operate in a manner that stays true to the charity’s purpose.
- Act with care and diligence.
- Follow the Charities and Trustee Investment (Scotland) Act 2005 and other relevant legislation.
The official charity regulator in Scotland is the Office of the Scottish Charity Regulator (OSCR).
There is a Scottish Variations to POR which includes more specifics for members in Scotland.
There are six duties of charity trustees in Scotland. These individual charity trustees must:
- Provide the charity regulator (OSCR) with any information it needs for the charity to be put on the Scottish Charity Register, and tell them if anything changes.
- Fill in an annual return form and provide the charity’s accounts to the OSCR each year.
- Make sure that the charity keeps a record of the money it receives and the money it spends. Charities must keep a copy of their accounts for six years.
- Make sure that the charity follows OSCR’s Fundraising Regulations.
- Make sure that the charity’s details are on all the charity’s paperwork and that information is open to the public. They must give a copy of their constitution or latest accounts to anyone who asks for them.
- Ensure compliance with all relevant legislation including the Data Protection Act.
If you don’t register in Scotland, you’re unable to claim Gift Aid – potentially throwing away valuable additional income.
In Guernsey, charities must comply with legislation and register with the Guernsey Registry.
In Jersey the official charity regulator is the Jersey Charity Commissioner, who maintains the register of Charities and helps Charity governors comply with their legal duties.
It should also be noted that Trustees are called Charity Governors
The Charities Registration and Regulation Act defines those who would not be eligible for being a charity trustee.
In the Isle of Man, the official charity regulator is HM Attorney General who ensure the implementation of charity legislation.
For British Scouting Overseas (BSO), the Area Scout Council is legally based in England and Wales and is a registered charity. The Council complies with charity law in England and Wales and so the official charity regulator is The Charity Commission.
See England and Wales for more detailed information.
The Districts and Groups within BSO aren’t located in the UK so have to meet the law regulating charities/voluntary organisations in the country they are scouting in. They also have to have Trustee Boards though and work within POR and the BSO constitution.
What can stop people being able to be trustees?
There are some things that can stop a person from becoming a trustee.
You can’t be a trustee if you, for example…
- are under 18.
- have been convicted of an offence involving dishonesty or deception (unless the conviction is regarded as spent)
- are an undischarged bankrupt.
- are subject to a Debt Relief Order.
- have been removed by the Charity Commission or by the Court in England, Wales or Scotland from being a trustee because of misconduct.
- are disqualified from being a company director.
- have failed to make payments under County Court administration orders.
There’s more information in POR Rule 13.1 Charity requirements.
The full list from the Charity Commission can be found online here.
If you fall into any of these categories, you can’t hold an ex-officio role (such as Group Scout Leader, District Commissioner or County Commissioner), and you must let your line manager know.
If, during the time you’re volunteering, you become ineligible to be a trustee, you need to let the Chair know as soon as your circumstances change.
The Charities and Trustee Investment (Scotland) Act applies to Scotland.
Certain people are disqualified from continuing as a trustee, or from becoming a trustee. They’re people who:
- have been convicted at any time of any offence involving deception or dishonesty, unless the conviction is regarded as spent; or are undischarged bankrupts
- have made compositions with their creditors under the Insolvency Act 1986 which have not been discharged
- have at any time been removed by the Charity Commissioners or the Office of the Scottish Charity Regulator or by any court in the United Kingdom from being a trustee because of misconduct
- are disqualified from being company directors
- have failed to make payments under county court administration orders or similar in Scotland.
This information is included in Scottish Variations to POR.
You can’t be a trustee in Scotland if:
- You have an unspent conviction for dishonesty or an offence under the Charities and Trustee Investment
- (Scotland) Act 2005.
- You’re an undischarged bankrupt.
- You’ve been removed under either Scottish or English Law or the Courts from being a Charity Trustee.
- You’ve been disqualified from being a company director.
Check with the Office of the Scottish Charity Regulator (OSCR).
Again, if you fall into any of these categories you can’t hold an ex-officio role (such as Group Scout Leader, District Commissioner or County Commissioner), and you must let your line manager know.
If, during the time you’re volunteering, you become ineligible to be a trustee, you need to let the Chair know.
In Northern Ireland the Charity Commission for Northern Ireland provides information on who is disqualified from being a charity trustee.
In Guernsey, the Charities and Non Profit Organisations Law provides information on charity trustees.
The Jersey Charity Commissioner can disqualify individuals from being governors (charity trustees).
The Charities Registration and Regulation Act defines those who would not be eligible to be a charity trustee. You can see the Charities Registration and Regulation Act.
In the Isle of Man, the official charity regulator is HM Attorney General who ensure the implementation of charity legislation.
Structure and Roles
Every Group, District and County must operate as a Charity (most are formal charities, but even where they are not they have an obligation to operate as if they are). Because of this, each Group, District and County needs trustees to manage the charity.
All members of the Trustee Board are charity trustees.
The Trustee Board must meet the trusteeship requirements of the regulatory body of the country their charity operates in (the Group, District or County) and must help provide quality Scout sessions, fun and adventure, to members in their local area.
The Chair leads the Trustee Board and the recruitment for new trustees. They objectively chair the Trustee Board meetings and the Annual General Meeting, set the meeting agenda and plan its schedule. They’ll see to it that any decisions made by the Trustee Board get put into action, make sure that all Trustees are properly trained and understand their own responsibilities.
The Treasurer looks after finances and makes sure the financial documentation (such as budgets and accounts) is kept. They make sure the Annual Statement of Accounts gets done in time for the Annual General Meeting and keep track of the independent examination process. They also share details about income and spend with other trustees and draw up policies on finance and investment.
Trustees make sure the charity is well managed, risks are assessed and mitigated, buildings and equipment are in good working order, and everyone follows legal and regulatory requirements and Policy, Organisation and Rules (POR).
There are also three different categories that trustees can fall into. Simply put, these categories are based on how they came to be a part of the Trustee Board.
Ex officio Trustees are people who are on the Trustee Board automatically as a result of their role in Scouts.
At Group level, this is the Group Scout Leader.
At District level, this is the District Commissioner and District Youth Commissioner (except Scotland).
At County level, this is the County Commissioner, and the County Youth Commissioner (except Scotland).
Appointed Trustees are appointed by the Scout Council.
Trustee Boards will agree on an open selection process to appoint new Trustees. The Chair, Treasurer and other Trustees are all appointed at Annual General Meetings (AGMs) by the Scout Council, based on the outcome of this selection process.
Trustee Boards can also co-opt members throughout the year. Co-opted Trustees may be chosen to do a particular task, or to bring new skills to the mix.
Co-opted Trustees are appointed for an initial period of one year (by the Trustee Board). They can stay on longer if agreed by the Trustee Board, but it’s a good idea for co-opted Trustees to move onto being appointed Trustees at the next AGM.
Please note, there can’t be more co-opted Trustees than appointed Trustees (excluding the Chair and Treasurer). For example, if there are four appointed Trustees on the Board (in addition to the Chair and Treasurer), there can be a maximum of four co-opted Trustees.
Trustee Boards need good administration and are collectively responsible for ensuring that this is in place.
Administration isn’t, of itself, a Trustee responsibility and can be organised to suit each Trustee Board.
Some Trustee Boards might have a Secretary as an ex-officio trustee. To bring Scouts in line with charity sector good practice, the Trustee role of Secretary as the administrator will cease.
This means the tasks usually done by the Secretary (such as minute taking and meeting logistics) may be done by one person, or multiple people, for example, by a support volunteer or Leadership Team.
Read the Moving to Trustee Boards webpage to know more about changes in Trustee Board administration and organisation.
Some other people have a right to attend Trustee Board meetings or can be invited to meetings for a number of reasons, usually based on their role. The District Commissioner and District Chair have right of attendance at a Group Trustee Board meeting, and the County Commissioner and County Chair have right of attendance at a District Trustee Board meeting.
These are the three roles that work with the Trustee Board at Group, District or County level. The Group Scout Leader, District Commissioner and County Commissioner have overall responsibility for the smooth running of the group, District or County they’re responsible for. This, understandably, means co-ordinating lots of different people, systems and support. These roles work closely with their respective Chair to ensure compliance
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