Preston and District Scouts – Introduction
Preston & District Scouts a Scout District as defined in the Policy, Organisation and Rules (POR) of the Scout Association. It is duly registered with the UK Headquarters of the Scout Association. Its boundaries are defined in that registration.
It is an autonomous organisation holding its property and equipment and admitting people to membership of the District subject to the policy and rules of The Scout Association
It is comprised of a number of Scout Groups and Explorer Scout Units. The District is organised and operated in accordance with the rules of POR.
Our purpose is to actively engage and support young people in their personal development, empowering them to make a positive contribution to society.
This constitution describes the role, membership and operation of the District Scout Council, and the District Trustee Board.
The District Scout Council and the District Trustee Board
The District Scout Council has a governance role for the District Scout charity and, in particular, makes District Trustee Board appointments other than ex officio and co-opted appointments.
The District Trustee Board is responsible for the governance of the charity. Although the District Trustee Board is responsible for the charity, it is accountable to the District Scout Council.
The District Scout Council has no Trustee responsibilities.
District Scout Council Membership
n.b. Membership of the District Scout Council does not provide any membership status of the Scouts.
The District Scout Council members are:-
- The ex officio members of the District Scout Council are members by virtue of their role in The Scouts:
- all adult members with a role in the District
- all Group Trustee Board Chairs from the District
- all Group Trustee Board Treasurers from the District
- all Group Active Support Managers from the District
- all Explorers (including Young Leaders) in the District
- all members of the Scout Network in the District
- all parents and carers of all Explorers (including Young Leaders)
- a representative of the District Troop Leadership Forum, selected from amongst the membership of the Forum
- the County Commissioner
- the County Chair
- The appointed members of the District Scout Council are other supporters of the District appointed by the District Scout Council on the recommendation of the District Commissioner and the District Trustee Board. The number of appointed members must not exceed the actual number of ex officio members (see also (e) below). A District Scout Council does not need to have any appointed members.
- The community members of the District Scout Council are representatives of the local community appointed because of their role rather than by name. For example local headteachers, or Parish Council members. They are appointed by the District Scout Council on the recommendation of the DistrictCommissioner and the District Trustee Board. The number of community members must not exceed the number of ex officio District Scout Council members (see also (e) below).
- Membership of the District Scout Council ends when the: member resigns
member no longer qualifies as a member of the District Scout Council
District Scout Council is dissolved
District Scout Council membership is terminated by UK Headquarters following a recommendation by the District Trustee Board. - The total number of appointed and community members of a District Scout Council must not exceed the number of Ex Officio members.
- Appointed members of a District Scout Council must each have a fixed period for their appointment of not more than three years. Subsequent reappointments are permitted.
- Community members of a are appointed to the District Scout Council are initially appointed for a term of one year, though they may be renewed annually at the AGM.
- District Trustee Board administration must ensure that appointed District Scout Council Members are recorded locally in the minutes of the District Scout Council meeting which appoints them (normally the AGM). District Scout Council members, whether ex officio or appointed, must not be recorded as District Scout Council
District Scout Council – Conduct of meetings
The District Scout Council meets at their AGM. It would be unusual for there to be additional meetings of the District Scout Council.
A District Scout Council meeting should normally be convened with at least notice. A meeting may be convened on shorter or no notice with the agreement of at least three quarters of the members of the District Trustee Board.
District Scout Council meetings are chaired by the District Chair. If the Chair is unable to be present, the Chair may appoint a delegate to chair a meeting of the District Scout Council subject to such appointment being approved at the start of the meeting by a majority of the District Scout Council members present.
Only District Scout Council members, as defined above, may vote in District Scout Council meetings.
The quorum for a District Scout Council meeting is agreed by the District Scout Council at their AGM.
If there is no quorum present at a meeting of the District Scout Council, the meeting must be closed and reconvened at the earliest opportunity.
Decisions are made by a majority of votes cast by those present at the meeting. In the event of an equal number of votes being cast on either side, the Chair does not have a casting vote and the matter is taken not to have been carried.
In order to discharge their responsibilities, the District Scout Council may meet by video conference as well as (or instead of) face to face when agreed by the District Chair. The District Scout Council must using any indirect process, such as email.
At any meeting which is not fully in person, there must be an online poll or other electronic method of counting votes.
All meetings of the District Scout Council, whether face-to-face or otherwise, must be properly recorded and minuted.
District Scout Council – Annual General Meeting
Each District Scout Council must hold an Annual General Meeting (AGM) within six months of the end of the District financial year. Districts should give 4 weeks notice of the date of the AGM.
The AGM must:
- Undertake governance oversight by approving the minutes of the previous District AGM
adopting (or re-adopting) the constitution of the charity. See Rule 5.3 of The Scout Association Policy, Organisation and Rules.
noting:-
- approving appointed and community members of the District Scout Council
- agreeing the maximum total number of members of the District Trustee Board (this is one number representing the total of ex officio, appointed and co-opted members)
- agree the quorum for future meetings of the District Scout Council
b) Review the previous year by:-
- receiving from the District Commissioner an overview of the past 12 months of activity in the District.
- receiving and considering the District and the annual statement of accounts approved by the District 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.
c) Make appointments:-
- appoint a Chair of the District Trustee Board, following recommendations from the selection process initiated by the District 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 District Trustee Board, following recommendations from the selection process initiated by the District 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 re-appointed after years 1 and 2)).
- appoint other members of the District Trustee Board, following recommendations from the selection process initiated by the District Trustee Board. 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 after years 1 and 2)).
- approve the appointment of any District Presidents or District Vice Presidents, and note current appointees (if any).
- appoint (or re-appoint) an auditor, independent examiner or scrutineer as required
- nominate representatives of the District Scout Council to represent the District on the County Scout Council.
Following each District AGM, the District Trustee Board administration must ensure that:-
- all appointed Trustees are recorded on the membership system, as required by Rules 16.1.2 and 16.2.2.4 of The Scout Association Policy, Organisation and Rules
- the District Trustee 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 District 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.
District Trustee Board purpose
The District 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 District Trustee Board must act collectively as charity trustees of Scout District
Governance roles must be distinct to help manage conflicts of interest. This means that the roles of District Chair and District Treasurer must be kept separate and be done by two different people.
The District Trustee Board must act in the charity’s best interests, acting with reasonable care and skill and take steps to be confident that:
- 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
- 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.
- young people are meaningfully involved in decision making at all levels
- the District has sufficient resources (funds, people, property and equipment) available to meet the planned work of the District including delivery of the high quality programme and resource requirements of the training programme (see Rule 4.2.2 of The Scout Association Policy, Organisation and Rules)
The District Trustee Board members must themselves collectively:
- develop and maintain a risk register, including putting in place appropriate mitigations
- ensure that the finances are properly managed, including development and maintenance of appropriate budgets to support the work of the District
- maintain and manage:
- a reserves policy for the charity including a plan for use of reserves
- an investment policy for the charity
- a public benefit statement for the charity
- ensure that people, property and equipment are appropriately insured, and that any property and equipment owned or used by the District is properly protected and maintained
- ensure the appointment and management and operation of any sub committees, including appointing a Chair to lead the sub committees.
- ensure that effective administration is in place to support the work of the District Trustee Board
- appoint any co-opted members of the District Trustee Board
- 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 District Scout Council at their AGM
- prepare and approve the District Trustee’s Annual Report which must include the Annual Accounts and include the report from the auditor, independent examiner or scrutineer
- present the approved Trustees’ Annual Report and AnnualAccounts to the District Scout Council for their consideration at the AGM following the District AGM, ensure that a copy of the District Trustee Annual Report and Accounts is sent to the County Trustee Board administration and, if the District is a registered charity, is filed with the appropriate charity regulator
- take responsibility for the 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
- individually and collectively maintain confidentiality regarding appropriate District Trustee Board business
- put in place annually an open and transparent selection process to recommend to the District Scout Council appropriate persons to be appointed members of the District 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).
A District Trustee Board may create sub committees it deems necessary to support its governance function. The District Trustee Board must ensure that for any sub committee it appoints:
- its purpose is governance focused and not operational
- its members are agreed and approved by the District Trustee Board
- the District Trustee Board Chair is an ex officio member
- the District Commissioner is an ex officio member
Sub committee members are not District Trustees unless they are already members of the District Trustee Board.
All sub committee members must be recorded on the membership system.
To support effective governance and share good practice, the District Chair and Treasurer should create a support network amongst the Group Chairs and Group Treasurers of the District.
District Trustee Board – membership
Subject to the conflict of interest rules (see Chapter 16 and the definition of Chapter of The Scout Association Policy, Organisation and Rules), a Trustee may be a member of more than one Trustee Board.
A District Trustee Board should comprise a maximum of 12 Trustees (the total of all ex officio, appointed and co-opted Trustee categories), with a minimum of five Trustees. The maximum number of Trustees should be agreed by the District Scout Council at its AGM.
Each ex officio, appointed and co-opted member of the District Trustee Board is a charity Trustee of the District as appropriate.
People invited to attend meetings of the District Trustee Board, or with right of attendance, may be present at the meeting but are not charity Trustees and have no voting rights.
Certain people are disqualified from being charity trustees by virtue of the Charities Acts.
Some Districts may also need to register as a charity (see Rule 13.1.2 of The Scout Association Policy, Organisation and Rules).
If registered, the District registration number must be recorded on the membership system Districts must not use any other charity number than their own.
All Trustees must complete learning as specified in Rule 16.2.1, 16.2.3, 16.2.4 and the Chapter 16 Roles Table of The Scout Association Policy, Organisation and Rules.
A District Trustee Board and any sub committees should have at least two Trustees aged between their 18th and 25th birthdays.
Each District Trustee Board requires effective administration. The administration may be provided by one or more persons as appropriate to the District.
The selection processes leading to appointment of District Trustees must include a rigorous and transparent selection process, which includes advertising vacancies widely.
The members of the District Trustee Board are:
- The District Commissioner and the District Youth Commissioner are ex officio members of a District Trustee Board
- There is only one ex officio Trustee role for a District Commissioner, so where there are joint role holders for District Commisioner, the role holders must decide, in discussion the District Chair, which of them will be the ex officio Trustee. However, each District Commissioner role holder must be eligible to be a Trustee (as specified in Chapter 16 of The Scout Association Policy, Organisation and Rules).
There is only one ex officio Trustee role for a District Youth Commissioner, so where there are joint role holders for District Youth Commissioner, the role holders must decide, in discussion the District Commissioner and the District Chair, which of them will be the ex officio Trustee. However, each District Youth Commissioner role holder must be eligible to be a Trustee (as specified in Chapter 16 of The Scout Association Policy, Organisation and Rules).
- b) The District Trustee Board must initiate a selection process to propose a District Chair to the District Scout Council for appointment at their AGM. The vacancies for the role of Chair only occur at the end of their period of appointment (for example, a District Chair may have been appointed for three years and so does not need to be re- appointed after years 1 and 2).The proposal from the Trustee Board Is received by the Scout Council at their AGM. The proposal from the Trustee Board does not require seconding by a member of the Scout Council. The action of the Scout Council is to approve (or not) the proposed name from the Trustee Board.
- c) The District Trustee Board must initiate a selection process to propose a District Treasurer to the District Scout Council for appointment at their AGM. The vacancies for the role of Treasurer only occur at the end of their period of appointment (for example, a District Treasurer may have been appointed for three years and so does not need to be re-appointed after years 1 and 2). The proposal from the Trustee Board Is received by the Scout Council at their AGM. The proposal from the Trustee Board does not require seconding by a member of the Scout Council. The action of the Scout Council is to approve (or not) the proposed name from the Trustee Board.
- d) The appointed members of a District Trustee Board are persons appointed by the District Scout Council at the District . This should follow a selection process initiated and overseen by the District Trustee Board. The vacancies for the role of Trustee only occur at the end of their period of appointment (for example, a District Trustee may have been appointed for three years and so does not need to be re-appointed after years 1 and 2).
- The proposal from the Trustee Board Is received by the Scout Council at their AGM. The proposal from the Trustee Board does not require seconding by a member of the Scout Council. The action of the Scout Council is to approve (or not) the proposed name from the Trustee Board.
- e) )The co-opted members of a District Trustee Board are persons co- opted annually by the District Trustee Board. They are not appointed by the District Scout Council at its AGM. The number of co-opted members must not exceed the actual number of appointed Trustees (excluding Chair and Treasurer).
- f) The County Chair and the County Commissioner each have the right of attendance at meetings of each of the District Trustee Boards in the Districts in the County.
If a District Trustee Board Chair or Treasurer resigns, then Rule 16.6.3 of The Scout Association Policy, Organisation and Rules must be followed.
District Trustee Board – Conduct of meetings
Meetings of the District Trustee Board should be convened on at least two notice. Meetings may be convened on shorter or no notice with the agreement of at least half of the members of the District Trustee Board.
District Trustee Board meetings are chaired by the District Chair. If the District Chair is unable to be present, they may appoint a delegate to chair a meeting of the District Trustee Board subject to such appointment being approved at the start of the meeting by a majority of the members present at the meeting.
Only members of a District Trustee Board as defined above may vote in its meetings.
The quorum for a meeting of a District Trustee Board is one third of the Trustees (ex officio plus appointed plus co-opted) plus one.
If there is no quorum present at a meeting of the District Trustee Board, the meeting must be closed and reconvened at the earliest opportunity.
In the case of sub committee of the District Trustee Board, the quorum for each sub committee must be set by the District Trustee Board, based on the size of the sub committee and the complexity of its task(s).
Decisions are made by a majority of votes cast by those present at the meeting. In the event of an equal number of votes being cast on either side, the Chair does not have a casting vote and the matter is taken not to have been carried.
In order to discharge their responsibilities, the District Trustee Board may meet by telephone or video conference as well as face to face when agreed by the District are present at an agreed meeting place and others join by telephone or video.
Where urgent matters arise between scheduled meetings of the District Trustee Board and if it is not practicable to convene a meeting of the District Trustee Board then an electronic voting method (such as email) is allowed for decision making of the District Trustee Board when deemed appropriate by the District Chair. In such circumstances at least 75% of the members of the District Trustee Board must approve the decision, and the outcome of the voting must be reported at, and recorded in the minutes of, the next District Trustee Board meeting.
ANNEX 1 – The Fazakerley Trust
In 1992, the Preston & District Scout Council received a legacy from a former Scouter and Vice-President – William (Bill) Fazakerley. The amount was £37,000 and it was decided to set up a Charitable Trust to manage these funds with the purpose of promoting the Scout Movement in Preston & District. In particular, to increase Scouts’ knowledge, understanding and appreciation of P.O.R. as well as the activities of the District.; to create, maintain and fund grants, financial assistance, prizes and awards for Scouts to further their education and advancement within the Scout Movement; to provide financial assistance to Scouts who are disadvantaged.
The Trust receives applications for grants from Scout Groups, individual Scouts, Explorer Scout Units and, occasionally, from District Sections. The applications are examined by the William Fazakerley Trust Committee, four of whom are presently the Trustees.
This constitution was approved by the AGM of the District Scout Council held on 25th June 2024.
Signed on behalf of the Preston and District Scout Council.
Chairman of the 2024 AGM.
