Custodian trusteeship

The SATC acts as a custodian trustee. This means it is appointed to hold formal legal title to property (freehold or leasehold) or assets on behalf of an unincorporated charitable association (like a Scout Unit). This is similar to a holding trustee.

The custodian trustee’s role is limited to holding the legal title to property or assets. It does not manage the property or have any involvement or responsibilities in relation for its upkeep or use. It will be involved with signing necessary documents concerning the property as instructed by the managing trustees of the Scout Unit. The custodian trustee acts as an agent of the Scout Unit.

The only instance where the SATC engages directly with trustees regarding how they manage the property is if they are made aware of a breach of the terms of the trust. The Scout Association Legal Team will forward letters and other correspondence received in relation to property that SATC hold to the relevant Scout Unit.

The full responsibility and liability for the property including any obligations contained on the title or within the lease remain with the managing trustees of the Scout Unit. To clarify SATC’s role it insists on including standard clauses in all agreements it signs as a custodian trustee which outline the limitations of its responsibilities as custodian trustee.

The SATC has a standard trust deed which outlines the rules between the SATC and the Scout Unit it holds title for. You can take a look at the most recent Trust Deed, dated 16 June 1982. If your matter relates to a joint Scout and Guide arrangement or an older trust deed, please contact the SATC directly to request a copy.

Property documents the SATC may need to be a party to

If the SATC is acting as custodian trustee, it will need to be a party to any document which a landowner, landlord or tenant would be expected to sign. If the matter is standard and relates to a lease, property sale, property purchase, gift, or transfer between Scout Units then please refer to the contents list and follow the correct link for further information.

Occasionally the SATC needs to enter non-standard agreements which are not included on these pages. If your Scout Unit wants to enter into a non-standard agreement, then please contact the SATC directly for further information.

Non-standard matters may include:

• Community use agreements
• Easements
• Covenants
• Wayleave agreements
• Deeds of Dedication
• Deeds of Assignment
• Section 27 notices
• Investments/Shareholder agreements
• Funding agreements (in some cases)
• Licences (in some cases)

The above matters can be complex. It is strongly suggested that your Scout Unit take full legal advice from a local solicitor before reaching out to the SATC to proceed.

Other matters

If you have a matter that does not fall under one of the categories covered on these pages, then please contact the SATC to discuss. The SATC are happy to assist Scout Units, provided the risk to the SATC is managed.

Upon request the Scout Association Legal Team can provide Scout Units with various templates. These include declarations of trust and licence agreements. These documents are not intended to be used without the Scout Unit obtaining full legal advice but can be a good place to start and help reduce costs. Please reach out to the SATC for more information.