I n t r o d u c t i o n • • • • • • • • RAF Association – The charity that supports the RAF family
W h a t i s g o v e r n a n c e ? • • • – – – – – – RAF Association – The charity that supports the RAF family
U n d e r s t a n d i n g t h e l e g a l s t a t u s o f a b r a n c h • – – • – – • – – RAF Association – The charity that supports the RAF family
R o l e o f t h e b r a n c h c o m m i t t e e • • – • – – – • – RAF Association – The charity that supports the RAF family
G o v e r n a n c e f r a m e w o r k f o r b r a n c h c o m m i t t e e s • – – • – – – RAF Association – The charity that supports the RAF family
T r u s t e e s ’ s t a t u t o r y d u t i e s 1. Carry out the charitable object 2. Comply with Governance Handbook & all laws 3. Act in the charity’s best interests 4. Ensure the charity is accountable 5. Manage the charity’s resources responsibly 6. Act with reasonable care and skill https://www.gov.uk/guidance/charity- trustee-whats-involved ( CC3 )
C a r r y o u t t h e c h a r i t a b l e p u r p o s e • Charitable purpose: – To promote through comradeship of members, welfare by charitable means of the wider RAF family. – eg fundraising, welfare, comradeship, promotion of the Association • For the public benefit: – Must provide a benefit to a sufficiently wide section of the public. – A members’ club where benefits are restricted to members would fail the public benefit test • Reporting – Include in annual report – CC guidance: https://www.gov.uk/government/collections/c haritable-purposes-and-public-benefit
C o m p l y w i t h l a w & G o v e r n a n c e H a n d b o o k • Know your Governance Handbook • Keep your Charity Commission registration up to date • File your accounts at CC - should include the Trustees’ report and IE report • Know what other laws apply eg GDPR, H&S, fundraising – seek advice from Area Offices & HQ • Sign up to receive the CC’s quarterly newsletter • Check out the CC website - https://www.gov.uk/government/organisation s/charity-commission
A c t i n t h e b r a n c h ’ s b e s t i n t e r e s t • Collective responsibility for decisions – all committee members, not just officers • Informed decisions – consider long term as well as short term, challenge assumptions, duty of prudence – exercise sound judgement, take professional advice • Make your own decisions about the best way to carry out the branch’s charitable purpose ( CC27 ) – Might involve difficult decisions • Avoid conflicts of interests ( CC29 ) – Personal interests – Loyalty to any other person or body eg branch club https://www.gov.uk/guidance/manage-a-conflict-of- interest-in-your-charity • No honoraria or other trustee payments
E n s u r e t h e b r a n c h i s a c c o u n t a b l e • Comply with statutory accounting and reporting requirements – Different statutory rules for England & Wales, Scotland & N. Ireland – Governance Handbook requires all branches to have accounts independently examined • Must be able to demonstrate that your charity is complying with the law, well run and effective – Reporting to regulator and HQ – AGMs • Collective responsibility of whole branch committee – including for finances! • Evidence delegation of responsibilities – importance of committee minutes
M a n a g e r e s o u r c e s r e s p o n s i b l y • Act responsibly, reasonably and honestly - duty of prudence • Branch assets must only be used to support or carry out its charitable purpose – not to support club! • Avoid exposing the charity’s assets, beneficiaries or reputation to undue risk • Risk management ( CC26 ) https://www.gov.uk/guidance/how-to-manage- risks-in-your-charity • Property transactions – legal requirements ( CC28 ) but contact HQ Estates Team - estates@rafa.org.uk • Reserves policy, fundraising, financial controls
A c t w i t h r e a s o n a b l e c a r e a n d s k i l l • Duty of care - use reasonable care and skill • Meet regularly and minute decisions • Take advice when necessary – Area Office / HQ – Charity Commission – ICO etc • All committee members equally responsible • Consider your committee membership – Combination of skills ? – Individual capacity issues? – Meeting attendance / participation? – Succession planning? – Induction and training?
E x a m p l e s o f p o o r g o v e r n a n c e • • • • • • • • • • • RAF Association – The charity that supports the RAF family
W h a t h a p p e n s i f i t g o e s w r o n g ? • – – – – • – – • – RAF Association – The charity that supports the RAF family
G o v e r n a n c e i n p r a c t i c e RAF Association – The charity that supports the RAF family
S o u r c e s o f g u i d a n c e a n d a d v i c e • • • – • • • • RAF Association – The charity that supports the RAF family
A n y q u e s t i o n s ? RAF Association – The charity that supports the RAF family
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