Governance and Board. Student Governor Induction 2014. What is the Students ’ Association?. The Association. Unincorporated Members ’ Association (UMA) Registered charity (SCO 19883) Governed by Board of Trustees (SAB). Unincorporated Members Asssociation – what does that mean?.
Student Governor Induction 2014
Constituted of membership as a group
Not corporate – i.e. not a ‘legal person’
Constitution is governing document
Trustees act on a personal basis
56% of charities are UMAs (OSCR figures) including most Students Associations
OSCR (2005 Act)
University (Education Act 1994 part II)
Other bodies: HSE, Licensing Board, Council, SIA, Inland Revenue, Home Office, etc.
2005 Act established
Register of charities
Rolling review – St A’s in first round
‘Charitable public benefit’
Approval required for changes
Inquiries, directives, other action
Requires oversight of elections, ultra vires expenditure, affiliations, etc.
Precise duties and powers specified locally (Memorandum of Understanding)
Presence on SAB (Proctor, Director of Finance)
Negotiation of block grant to support representation etc.(Quaestor)
Acting or allowing another to act as a trustee when they are not qualified is an offence. Penalties can include prison.
A written statement must be given that you are qualified to act as a trustee.
(2005 Act, section 66)
Risk and duty of careTrustee Responsibilities: First Duty
Overriding duty: ensure that trustees are in general control of the charity, especially financial control
“Charity trustees are responsible for the charity and may not pass this responsibility onto anyone else as long as they remain a charity trustee “
The ‘shadow trustee’
Duty to ensure legal compliance
Duty to seek advice
Duty to ensure good governance - capability, qualification, succession planning, regular reviews, etc.
All charity trustees must take such steps as are reasonably practical to ensure:
That any breach of trustee duties by any trustee is corrected and not repeated
That any trustee who is in serious or repeated breach of duties is removed
“In circumstances capable of giving rise to a conflict of interest between the charity and any person responsible for the appointment of the charity trustee:
Director of Representation
Director of Student Development and Activities
Director of Events and Services
SSC Senior Officer
SRC Senior Officer