Group Constitution

1^st Ness Scout Group Constitution

Group Scout Council membership 

1. a) The ex officio members of the Group Scout Council are members by virtue of their role in The Scouts:

• all adult members of the Group – see Group roles listed in the Chapter 16 Roles Table of The Scout Association’s Policy, Organisation and Rules
• all Patrol Leaders of the Troop(s) in the Group
• all parents or carers of Squirrels, Beavers, Cubs and Scouts in the Group
• all Explorers, if so stated in a Partnership Agreement between the Unit, the Group and the District
• all parents and carers of Explorers, if so stated in a Partnership Agreement between the Unit, the Group and the District
• the Sponsoring Authority, where there is one, or its nominee
• the District Commissioner
• the District Chair

1. b) The appointed members of the Group Scout Council are other supporters of the Group appointed by the Group Scout Council on the recommendation of the Group Scout Leader and the Group Trustee Board. The number of appointed members must not exceed the number of ex officio Group Scout Council members (see also (f) below). A Group Scout Council does not need to have any appointed members.
2. c) The community members of the Group 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 Group Scout Council on the recommendation of the Group Scout Leader and the Group Trustee Board. The number of community members must not exceed the number of ex officio Group Scout Council members (see also (f) below).
3. d) The County Commissioner has the right of attendance at each Group Scout Council meeting in the County. e) Membership of the Group Scout Council ends when the:

• member resigns
• member no longer qualifies as a member of the Group Scout Council
• Group Scout Council is dissolved
• Group Scout Council membership is terminated by UK Headquarters following a recommendation by the Group Trustee Board.

1. f) The total number of appointed and community members of a Group Scout Council must not exceed the number of ex officio members.
2. g) Appointed members of a Group Scout Council must each have a fixed period for their appointment of not more than three years. Subsequent reappointments are permitted.
3. h) Community members of a Group Scout Council are initially appointed for a term of one year, though they may be renewed annually at the AGM.
4. i) Group Trustee Board administration (see 5.4.7.9) must ensure that appointed Group Scout Council Members are recorded locally in the minutes of the Group Scout Council meeting which appoints them (normally the AGM).  Scout Council members (whether ex officio or appointed or community) must not be recorded as Scout Council Members on The Scout Association’s membership system.

Each Group Scout Council must hold an Annual General Meeting (AGM) within six months of the end of the Group’s financial year. Groups should give 4 weeks’ notice of the date of the AGM

The AGM must:

1. a) Undertake governance oversight by

• approving the minutes of the previous Group AGM
• adopting (or re-adopting) the constitution of the Scout Group charity (see Rule 5.3) of The Scout Association Policy, Organisation and Rules.
• noting the dates of charity’s financial year
• approving appointed and community members of the Group Scout Council
• agreeing the maximum total number of members of the Group Trustee Board (this is one number representing the total of ex officio, appointed and co-opted members).
• agreeing the quorum for future meetings of the Group Scout Council

1. b) Review the previous year by

• receiving from the Group Scout Leader an overview of the past 12 months of activity in the Group
• receiving and considering the Group Trustees’ Annual Reportand the annual statement of accounts approved by the Group Trustee Board.
• Before the AGM, the accounts must have completed their examination by an appropriate auditor, independent examiner, or scrutineer.  This must include the formal report prepared by the auditor, independent examiner, or scrutineer.

1. c) Make appointments

• appoint a Chair of the Group Trustee Board, following recommendation from the selection process initiated by the Group Trustee Board.  Vacancies for Chair only occur at the end of their period of appointment (for example, a Chair may have been appointed for three years and so does not need to be re-appointed after years 1 and 2).
• appoint a Treasurer of the Group Trustee Board, following recommendation from the selection process initiated by the Group Trustee Board.  Vacancies for Treasurer only occur at the end of their period of appointment (for example, a Treasurer may have been appointed for three years and so does not need to be reappointed after years 1 and 2).
• appoint other members of the Group Trustee Board, following recommendations from the selection process initiated by the Group Trustee Board.  Vacancies for appointed Trustees only occur at the end of their period of appointment (for example, each Trustee may have been appointed for three years and so does not need to be re-appointed after years 1 and 2).
• approve the appointment of any Group Presidents or Group Vice Presidents, and note current appointees (if any)
• appoint (or re-appoint) an auditor, independent examiner or scrutineer asrequired.

Following each AGM, the Group Trustee Board administration must ensure that:

16. All appointed Trustees are recorded on the membership system, as required by Rule 16.2.2 of The Scout Association Policy, Organisation and Rules
17. the Group Trustees’ Annual Report and Accounts, including the formal report prepared by the auditor, independent examiner, or scrutineer are filed as described in Rule 5.7 of The Scout Association Policy, Organisation and Rules

It is good practice for the new Group Trustee Board to verify the draft Minutes of the AGM at their first meeting following the AGM, even though the minutes cannot be formally approved until the charity’s next AGM.

The Group Trustee Board is a team of volunteers who work together, as charity Trustees, to make sure the Scouts is run safely and legally.  At the heart of their role is a focus on strategy, performance and assurance.

Effective Trustee support helps other volunteers run the Scout programme that gives young people skills for life.

Members of the Group Trustee Board must act collectively as charity trustees of their Scout Group, and in the best interests of the charity’s members.

Governance roles must be distinct to help manage conflicts of interest. This means that the roles of Group’s Chair and Treasurer must be kept separate and be done by two different people.

The Group Trustee Board must act in the charity’s best interests, acting with reasonable care and skill and take steps to be confident that:

1. a) The charity is:

• well managed
• carrying out its purposes for the public benefit
• complying with the charity’s governing document and the law
• managing the charity’s resources responsibly

1. b) the charity is operating compliant with POR and the local charity regulator, including effective management of each of the Key Policies listed in Chapter 2 of The Scout Association Policy, Organisation and Rules.
2. c) young people are meaningfully involved in decision making at all levels
3. d) the Group has sufficient resources (funds, people, property and equipment) available to meet the planned work of the Group including delivery of the high quality programme and resource requirements of the training programme (Rule 4.2.2  of The Scout Association Policy, Organisation and Rules)

The Group Trustee Board members must themselves collectively:

1. a) develop and maintain a risk register, including putting in place appropriate mitigations
2. b) ensure that the Group’s finances are properly managed, including development and maintenance of appropriate budgets to support the work of the Group
3. c) maintain and manage:

• a reserves policy for the charity including a plan for use of reserves outside the ‘minimum’
• an investment policy for the charity
• a public benefit statement for the charity

1. d) ensure that people, property and equipment are appropriately insured, and that any property and equipment owned or used by the Group is properly protected and maintained
2. e) ensure the appointment and management and operation of any subcommittees, including appointing a Chair to lead the sub-committee.  This should normally be one of the Group’s Trustees.
3. f) ensure that effective administration is in place to support the work of the Group Trustee Board
4. g) appoint any co-opted members of the Group Trustee Board
5. h) ensure transparency of operation, including:

• prepare and approve the Annual Accounts and arrange their examination by an auditor, independent examiner or scrutineer (as appropriate) and as appointed by the Group Scout Council at their AGM
• prepare and approve the Group Trustees’ Annual Report (which must include the Annual Accounts and include the report from the auditor, independent examiner or scrutineer)
• present the approved Group Trustees’ Annual Report and Annual Accounts to the Group Scout Council for their consideration at the Group’s AGM
• following the Group AGM, ensure that a copy of the Group Trustees’ Annual Report and Accounts is sent to the District Trustee Board administration (see 5.4.7.9) and, if the Group is a registered charity, is filed with the appropriate charity regulator (if the regulator’s rules require it).

1. i) take responsibility for the Group’s adherence to Data Protection Legislation recognising that, dependent on circumstances, it will at different times act as a Data Controller and as a Data Processor
2. j) individually and collectively maintain confidentiality regarding appropriate Group Trustee Board business
3. k) put in place annually an open and transparent selection process to recommend to the Group Scout Council appropriate members to be appointed members of the Group Trustee Board, including Chair and Treasurer.  Vacancies for appointed Trustees only occur at the end of their period of appointment (for example, a Trustee may have been appointed for three years and so does not need to be re-appointed or re-selected after years 1 and 2).
4. l) where staff are employed:

• act as a responsible employer in accordance with the Scouts’ values and relevant legislation
• ensure that effective line management is in place for each employed staff member and that these are clearly established and communicated
• ensure that appropriate specific personnel insurance is in place

A Group Trustee Board may create sub-committees it deems necessary to support its governance function. The Group Trustee Board must ensure that for any sub-committee it appoints:

1. its purpose is governance-focused and not operational
2. its members are agreed and approved by the Group Trustee Board
3. the Group Trustee Board Chair is an ex officio member
4. the Group  Scout Leader is an ex officio member

Sub-committee members are not Trustees unless they are already members of the appointing Group Trustee Board.

All sub-committee members must be recorded on the membership system.

January 2025