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Thread: Webinar for Trustees - October 2020

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    Webinar for Trustees - October 2020

    On the Scouting webinar last night it was indicated that all Scout Groupsmust get all their Trustees (members of the Executive Committee) to make a written declaration that they are eligible to act as a Trustee and understand their responsibilities. It seemed to be implied that this was required both by TSA and the Charities Commission. I could not see any such requirement in POR. The Charity Commission web-site does have a declaration but this applies only to newly appointed trustees or when a charity first registers with the Commission. I have been a trustee of two other charities as well as my Scout Group and none have ever had such an annual declaration. Does anyone know where this requirement is shown? Or is this another case of an 'off the cuff' remark that just adds to the administrative burden of volunteer trustees, including Group Secretaries like me who will end up having to chase these declarations every year? Thanks for any insights.

    RH (Nottingham)

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    I can’t help identify were it is but I’ve had to make the declaration every year (at the AGM) to be on the committee and be a trustee.

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    Escouts Team Bloory's Avatar
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    I think it's part of the due diligance around "fit and proper" person
    Jonathan Bloor
    Escouts Team
    Group Scout Leader - 4th Ashby de la Zouch

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    Sounds like a bureaucratic indemnity-type thing. If people have to make a declaration annually (presumably if they do something which debars them from being a trustee after they become a trustee or in the previous 12 months) and a group doesn't have a declaration - then you wouldn't be insured.

    (Trustee indemnity insurance is covered by AMS... Might be a condition of that insurance...)

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    There is a legal requirement as part of the rules covering charities requiring all trustees to sign a declaration that they are not disbarred from being a trustee. There does not seem to be a time limit on a “declaration”, only when you become a trustee do you sign so it appears to last as long as you are a trustee. As a group committee is re-elected each year it could this is what drives a signature/declaration each year. I.e. at the AGM you stand down and are reaffirmed for the forthcoming year. That’s said, I only signed the official form once and made either a written confirmation of willingness to be a trustee or stated it at the AGM where it was recorded in the minutes.

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    Iíve been aware of the declaration since the AA form was updated when Compass arrived.

    However Iíve never used the AA form since Compass arrived.

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    GSL & ESL shiftypete's Avatar
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    The trustee declaration is part of the Adult Information Forms, along with several other declarations. Which is largely why in our Group we still generally use these forms for new adult volunteers (with all the irrelevant parts crossed out). As far as I know you only need to sign it once when you first become a trustee there is no requirement for an annual declaration.
    https://members.scouts.org.uk/docume...0-%20final.pdf

    Peter Andrews ESL of Headingley Pirates ESU, Group Scout Leader & Webmaster of Falkoner Scout Group
    www.falkonerscouts.org.uk

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    Please note all views expressed are my own and not those of any organisation I'm associated with

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    Quote Originally Posted by shiftypete View Post
    The trustee declaration is part of the Adult Information Forms, along with several other declarations. Which is largely why in our Group we still generally use these forms for new adult volunteers (with all the irrelevant parts crossed out). As far as I know you only need to sign it once when you first become a trustee there is no requirement for an annual declaration.
    https://members.scouts.org.uk/docume...0-%20final.pdf
    Sign it. And then destroy it.

    You couldnít make it up.

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    GSL & ESL shiftypete's Avatar
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    Yeah i ignore cross that part out as well and ignore it

    Peter Andrews ESL of Headingley Pirates ESU, Group Scout Leader & Webmaster of Falkoner Scout Group
    www.falkonerscouts.org.uk

    Previous Scouting Roles
    2003 - 2013 ABSL
    2017-2018 AGSL
    2002 - 2018 AESL

    Wike, North Leeds District Campsite - www.wikecampsite.org.uk
    www.leeds-solar.co.uk
    Please note all views expressed are my own and not those of any organisation I'm associated with

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    If you were an unsuitable person with nefarious intent you would, of course, sign the declaration. So being able, after the event, to produce a signed piece of paper achieves what exactly?
    John Russell
    ex-CSL now ACSL 1st Pinhoe Exeter Devon
    Cubs don't care how much you know, but they need to know how much you care.

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    GSL & ESL shiftypete's Avatar
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    Quote Originally Posted by JohnR View Post
    If you were an unsuitable person with nefarious intent you would, of course, sign the declaration. So being able, after the event, to produce a signed piece of paper achieves what exactly?
    I think its actually mainly to stop people signing up who don;t realise they are barred by law from being a Chairty Trustee and also to make sure they acknowledge that they ARE a charity trustee.

    This is the wording of the declaration
    Trustee declaration
    Note: this declaration only applies to you if your role requires you to be a charity trustee. This includes:
    • Chairs, Secretaries and Treasurers of Executive Committees
    • County Commissioners
    • District Commissioners, District Explorer Scout Commissioners, Youth Commissioners, Scout Network Commissioners
    • Group Scout Leaders, Assistant Group Scout Leaders
    • Section Leaders, who opt to be on the Group Executive Committee at the AGM (but not Assistant Section Leaders or Section Assistants)
    • Nominated, Elected and Co-opted Members of Executive Committees
    By signing this form, I declare that I:
    a) am willing to act as a charity trustee and understand The Scout Association’s fundamental policies and rules set out in Policy,
    Organisation and Rules (POR)
    b) am aware of my duties and responsibilities as a charity trustee in relation to the respective laws and guidance documents:
    • England & Wales - Charities Act 2011 and ‘The essential trustee (CC3)’
    • Scotland - Charities and Trustee Investment (Scotland) Act 2005 and ‘Guidance for Charity Trustees’
    • Northern Ireland - Charities Act (Northern Ireland) 2008 and ‘Running Your Charity (CCNI EG024)’
    • Jersey - Charities (Jersey) Law 2014
    • Guernsey - Charities and Non Profit Organisations (Registration) (Guernsey) Law 2008
    • Isle of Man - Charities (General) Regulations 1990
    c) do not have an unspent conviction for:
    i. an offence involving dishonesty or deception
    ii. money laundering offences
    iii. terrorism offences including financing
    iv. an offence under sections 1, 2, 6 or 7 of the Bribery Act 2010
    v. the offence of contravening a charity regulator Order or Direction
    vi. offences of misconduct in a public office, perjury or perverting the course of justice
    vii. aiding, attempting or abetting the above offences
    viii. any other offence listed in the Charites Act 2011, Charities and Trustee Investment (Scotland) Act 2005, Charities Act (Northern
    Ireland) 2008, or the Charities (Jersey) Law 2014
    d) do not have an IVA, Protected Trust Deed (PTD), debt relief order and/or a bankruptcy order
    e) have not been removed and/or disqualified as a trustee by a charity regulator or court under the law of any part of the United Kingdom, or
    from holding any equivalent position under the law of any other jurisdiction
    f) am not a disqualified company director
    g) am not a designated person for the purposes of anti-terrorism legislation
    h) am not on the sex offenders register
    i) have not been found in contempt of court for making (or causing to be made) a false statement
    j) have not been found guilty of disobedience to an order or direction of a charity regulator in the United Kingdom
    k) am not disqualified from being a charity trustee for any other reasons detailed in the Charites Act 2011, Charities and Trustee Investment
    (Scotland) Act 2005, Charities Act (Northern Ireland) 2008, or the Charities (Jersey) Law 2014
    l) will ensure all information provided to a charity regulator of the United Kingdom is true, complete and correct and understand that it is an
    offence under the respective laws to knowingly or recklessly provide false or misleading information
    m) will ensure funds held by the Scout Group/District/County/Area/Region (Scotland) are held (or will be held) in the organisation’s name in a
    UK bank or building society account
    If your Scout Group, District, County/Area/Region (Scotland) pays (or will pay) any trustee or person connected to them for providing goods and
    services, you declare that this will:
    • be in the organisation’s best interests
    • be lawful and authorised
    • help the organisation carry out its purposes (or be a necessary by-product of it carrying out its purposes)

    Peter Andrews ESL of Headingley Pirates ESU, Group Scout Leader & Webmaster of Falkoner Scout Group
    www.falkonerscouts.org.uk

    Previous Scouting Roles
    2003 - 2013 ABSL
    2017-2018 AGSL
    2002 - 2018 AESL

    Wike, North Leeds District Campsite - www.wikecampsite.org.uk
    www.leeds-solar.co.uk
    Please note all views expressed are my own and not those of any organisation I'm associated with

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