Property management

Trust Corporation

The Guide Association Trust Corporation is:

incorporated as a charitable company limited by guarantee
registered as a charity
operated by the Association as a service to its membership.

It acts as sole trustee and holds freehold or leasehold land and buildings (except in Scotland) and investments on behalf of Girlguiding UK units and areas. It also holds property jointly for Girlguiding UK and The Scout Association.

Trust deeds

A trust deed is a legally binding document signed by the individuals in whose name property is held.

It establishes that the property:

does not belong to them personally
is held in their names as trustees
belongs to the beneficiary named in the trust deed.

In guiding terms, the beneficiary is usually the unit or area concerned (together with a Scout group in the case of jointly-owned property).

Property and other assets (except Scotland)

Land and buildings owned freehold by, or leased or licensed to, any unit or area of Girlguiding UK, must be held in the name of trustees. Preferably The Guide Association Trust Corporation should act as trustee, but local trustees may be appointed.

Up to four individuals can act as local trustees under a Declaration of Trust, and in this capacity are known as 'holding or custodian trustees'. They are not themselves 'charity trustees' responsible for the management of the charity in the form of the unit or area, nor are they responsible for the management of the property if it has been delegated to a property management committee.

Local trustees must hold property in accordance with the Association's standard form of trust deed. All property must be held for the direct benefit of the unit or area concerned. The only exception is property gifted or historically held on trust that does not comply with this.

Local trustees must execute a Declaration of Trust in accordance with the Association's standard trust deed. The Guide Association Trust Corporation holds the property in accordance with its trust deed of 1938.

Members of a property management committee are not 'trustees' as members of the committee, although they may in a different capacity also be charity or local trustees.

Investments

Investments (other than working funds) belonging to a unit or area must be held by:

local trustees

The Guide Association Trust Corporation, which offers a limited investment holding service.

Investment transactions should only be made on the advice of a stockbroker or other licensed adviser. The Trust Corporation offers a service to guiding areas at all levels that wish to invest in the stock market. The Trust Corporation's investments are managed by Cazenove who only invest in mixed and managed funds either for income or for growth. There are no investments held in single companies.

Cash and investments held by The Guide Association Trust Corporation as custodian trustee are dealt with at the direction of the unit or area concerned.

Property and other assets in Scotland

Land or buildings

Any land or buildings owned or leased to any unit, District, Division or County should be held in the names of the following appointment holders as ex officio trustees:

the County Commissioner
the County Secretary
a Division Commissioner, an appropriate District Commissioner, or the Chairman of the appropriate Local Association or Friends of Guiding. Advice on property ownership or leasing is available through the offices of Girlguiding Scotland.

Cash and investments

Cash reserves (other than working funds) and investments held by a Scottish unit or area should be held by the relevant trustees, on behalf of that unit or area. These trustees should be appropriate appointed members (see above), regardless of whether or not the unit or area is a charity, and the accounts or investments should, in addition to the names of the trustees, have them described as trustees for that particular unit or area.

Scottish charity legislation also requires that, when making investments, trustees should:

consider the suitability of the proposed investments
consider whether they need to obtain appropriate advice on their power to invest, or whether investments should be changed
if they decide advice is required, obtain it from someone who they believe has the ability, practical experience and appropriate qualifications to provide proper advice.

Where land, buildings or other assets are owned by a unit or any other part of Girlguiding Scotland that is a Scottish charity, there is an obligation on the trustees to ensure that the assets are used for guiding activities, meeting the unit or area's charitable purpose.

Local Management Committees

A Local Management Committee (LMC) should be formed to deal with the day-to-day management and administration of the land or buildings for which it has responsibility.

An LMC must have a formal written constitution that is registered at Country or Region Offices.

A draft constitution can be obtained from Country and Region Offices.

Insurance

The LMC must ensure that the building(s) are insured for the full rebuilding cost and that the cover is reviewed annually. The interest of The Guide Association Trust Corporation or local trustees must be noted on the insurance policy. In the case of Scottish properties the interest of the trustees of heritable property should be noted.

With leasehold property the provisions of the lease generally govern insurance requirements.

The Association's Public Liability policy covers all guiding land and buildings against personal injury and other public liability claims. It is not necessary to arrange independent cover.

However, the Association's insurance policies do not cover property belonging to a unit or area for fire, theft or any other risk.

It is the responsibility of the appropriate Leader, Commissioner or LMC to ensure that all property and equipment is adequately covered by an All Risks policy. Girlguiding UK's Insurance Service has a bespoke facility with Unity Insurance Services who are able to provide such property and equipment insurance policies.

Hiring and letting of guiding premises

All hiring's and lettings of guiding premises, however brief, should involve a written agreement with the hirer or tenant. For legal reasons all hirers and tenants should be expected to arrange their own third party liability insurance to cover claims arising out of hiring or letting. For record purposes a copy of the hiring or letting agreement should be sent to Girlguiding UK's insurance service, with a further copy being retained in the unit or area records.

Girlguiding UK's Public Liability policy will cover any claim against it, or property trustees or members of management committees, against any claim which might be brought against them in connection with an occasional hiring or letting.

Joint property

Property owned jointly with The Scout Association must be held by trustees, preferably The Guide Association Trust Corporation or The Scout Association Trust Corporation. The Local Management Committee should be a joint management committee set up in accordance with a model constitution available from the Legal Consultant at CHQ.

The Guide Association Trust Corporation holds joint property in accordance with its joint trust deed of 1975.

Advice on the ownership of joint properties in Scotland should be obtained from the offices of Girlguiding Scotland.

Guiding equipment

Equipment belonging to a unit does not normally need to be held by trustees, except where the title to the equipment needs to be registered, eg motor vehicles. In this case the Association's standard trust deed should be executed by the person, or persons, in whose name the vehicle is registered. This trust deed is not applicable in Scotland.

Details of the trust deed can be obtained from the Legal Consultant at CHQ. Advice on the ownership of equipment in Scotland is available from the offices of Girlguiding Scotland.

Equipment belonging to a unit or area is not covered by Girlguiding UK's insurance. It is the responsibility of the unit or area to take out an All Risks policy to cover any equipment. Girlguiding UK's Insurance Service has a bespoke facility with Unity Insurance Services who are able to provide such property and equipment insurance policies.

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