SLCVO Blog 5th December

This week, SLCVO has been supporting groups with governing documents and policies, so our latest blog explores why these are vital for community organisations. It covers the risks of relying on old trust deeds, the advantages of incorporating as a SCIO, and the key elements every governing document should include.

Village Halls and Deed of Trust

Across Skye and Lochalsh, there are around 30 village halls and community spaces serving as vital hubs for local life. These spaces host everything from educational activities to social and recreational events, creating opportunities for connection and wellbeing within our communities.

Most of these halls are managed and maintained by dedicated volunteer groups. In some cases, they own the building outright or hold the heritable title. While many have modernised their governance by converting to a Scottish Charitable Incorporated Organisation (SCIO), a significant number still operate under Model Trust Deeds.

Under these older deeds, the property is typically vested in named trustees (known as property trustees), while a Management Committee oversees the day-to-day running of the hall. Over time, this has sometimes led to confusion, with committees unaware of the existence of property trustees or the legal framework underpinning their role.

This structure matters because, under charity law, OSCR regards both the property trustees and the Management Committee as charity trustees, and as these are unincorporated, there are significant risks for  trustees as they have unlimited personal liability. In practice, this means trustees can be personally responsible for debts or legal issues. Their own assets, such as homes or savings, could be at risk because the group is not a separate legal entity. This lack of incorporation also creates practical challenges. Owning property, entering contracts, borrowing money, or taking legal action often requires individuals to act as trustees, adding complexity and potential financial exposure.

Converting to an incorporated structure, such as a Scottish Charitable Incorporated Organisation (SCIO), provides stronger legal protection for trustees by creating a separate legal entity. This process typically involves transferring the assets and property from the existing group to the new organisation. The OSCR website has a comprehensive guide on how to do this https://www.oscr.org.uk/managing-a-charity/responsibilities-of-scios-and-other-legal-forms/village-halls-guidance/part-2-becoming-a-company-or-scio/ 

If you are a trustee or on the management committee of a village hall and would like support to convert to an incorporated organisation Contact SLCVO’s Third Sector Support Officer Michelle t michelle.seviour@slcvo.org.uk 

Why Governing Documents, Policies and Procedures Matter

Running a community group isn’t just about delivering great activities—it’s about doing so safely, legally, and transparently. That’s where governing documents, policies, and procedures come in.

What’s the Difference?

• Governing documents set out the rules for how your organisation operates, defining its purpose, structure, and decision-making processes.

• Policies explain how your group will act in line with legislation and best practice.

• Procedures provide the practical steps for carrying out activities safely and consistently.

Together, these documents:

• Protect trustees and members by clarifying roles and responsibilities.

• Demonstrate compliance to funders, regulators, and the community.

• Reduce risks—legal, financial, and reputational.

• Ensure transparency and fairness in decision-making.

Regular reviews are essential to keep governing documents, policies, and procedures relevant and legally compliant. They should reflect your organisation’s current activities, risks, and obligations. Trustees hold ultimate responsibility for ensuring these documents are up to date and are compliance with key legislation, including (but not limited to):

• Charities and Trustee Investment (Scotland) Act 2005 – Trustee duties and OSCR reporting.

• Health and Safety at Work Act 1974 – Safe environments for staff, volunteers, and service users.

• Terrorism (Protection of Premises) Act 2025 (Martyn’s Law) – Security measures for public venues and events.

• Data Protection Act 2018 & UK GDPR – Handling personal data lawfully.

• Equality Act 2010 – Preventing discrimination.

• Protection of Vulnerable Groups (Scotland) Act 2007 – Safeguarding responsibilities. Plus: Gambling Act 2005, PECR 2003, and Human Rights principles.

Governing Documents: The Foundation of Your Organisation

Every community group needs a clear set of rules to operate effectively and legally. This is where your governing document comes in—it’s the backbone of your organisation, outlining its purpose, structure, and decision-making processes. It provides transparency, accountability, and ensures compliance with charity law and best practice.

The type of governing document depends on your legal structure:

• Unincorporated association – usually has a constitution.

• Charitable company – uses articles of association.

• Scottish Charitable Incorporated Organisation (SCIO) – has a constitution specific to SCIO requirements.

At a minimum, your governing document should cover:

• Name and purpose – What your organisation is called and why it exists.

• Powers and activities – What your group can do to achieve its aims.

• Beneficiaries – Who benefits from your work.

• Geographic area – Where you operate.

• Membership rules – Who can join and how.

• Committee roles – How members are elected, retired, or removed.

• Decision-making powers – Authority of the management committee.

• Meeting rules – Quorum, voting, and procedures.

• Conflicts of interest – How they are managed.

• Financial requirements – How funds are handled and reported.

• Winding up – What happens if the group closes.

If you would like help to write or review your governing document, contact SLCVO's Third Sector Support Team, email: info@slcvo.org.uk

For templates visit SCVO Model Constitutions https://scvo.scot/support/setting-up/model-constitutions 

Core Policies Every Group Should Have

Every community group needs a solid foundation of policies to stay safe, compliant, and well-organised. While the exact documents may vary, the following core policies are essential for good governance and smooth operations.

• Governance: Trustee Policy, Members Policy, Conflicts of Interest.

• Health & Safety: Risk assessments, Fire Safety, Lone Working.

• Safeguarding: Protecting children and vulnerable adults.

• Equality & Inclusion: Equality & Diversity Policy.

• Data Protection: GDPR compliance, Privacy Notice.

• Finance & Fundraising: Financial Management, Fundraising Policy.

• Volunteers & Employment: Volunteer Policy, Recruitment, Grievance.

• Risk Management: Insurance, Emergency Plans.

Creating a policy doesn’t have to be complicated, there are many templates to help you and SLCVOs Third Sector Support Team can support you through the process. Begin by identifying the policies purpose—what issue or risk does the policy address? Next, outline the principles or standards your organisation will follow, referencing any relevant legislation or best practice. Keep the language clear and concise, and include who is responsible for implementing the policy. Finally, add a review date and make sure the policy is approved by your governing body.

If you’re unsure where to start or would like help to review your governing document, policies and procedures, contact  SLCVO's Third Sector Support Team, email: info@slcvo.org.uk

For templates visit SCVO Templates, model policies & checklists https://scvo.scot/support/templates 

Spotlight on Key polices

Trustee Policy

A Trustee Policy sets out the expectations and responsibilities of trustees, ensuring they understand their duties and operate in line with governance standards. It builds on the governing document by providing practical detail about how the Board functions and what the organisation expects of its trustees. The policy should cover:

• Appointment and recruitment of trustees, including induction and training

• Roles and responsibilities, including office bearer roles (with separate role descriptions if needed)

• Commitment of trustees and Trustee Code of Conduct

• Register of interests and managing conflicts of interest

• Expenses and remuneration

• Meeting arrangements

• Serious incidents and risk management

• Trustee plans and appraisals

• Delegation of authority to volunteers or sub-committees, and retained authority of trustees

See OSCR Managing Charity Trustees for more information  https://www.oscr.org.uk/managing-a-charity/managing-charity-trustees/ 

Safeguarding Policy (Children and Vulnerable Adults)

This policy sets out the organisation’s commitment to protecting children and vulnerable adults from harm. It provides a clear statement of intent and outlines principles, responsibilities, and procedures for prevention, reporting, and responding to safeguarding concerns in line with legislation and best practice. If your organisation regularly works with children, vulnerable adults, their carers, parents, or families, you must comply with safeguarding legislation and recommended standards. A safeguarding policy should include:

• Policy statement – your commitment to safeguarding

• Recruitment and selection – safe recruitment practices

• Training and induction – ensuring staff and volunteers understand their responsibilities

• Staff and volunteer responsibilities – clear roles and expectations

• Reporting procedures – how concerns are raised and managed

• Useful contacts – key safeguarding agencies and support resources

For more information see Foundation Scotland’s Safeguarding Guide:https://www.foundationscotland.org.uk/sites/default/files/2022-07/Foundation%20Scotland%27s%20approach%20to%20safeguarding.pdf 

Health & Safety Policy

Outlines the organisation’s approach to health and safety, including responsibilities of staff and volunteers, risk assessment procedures, first aid arrangements, and measures for lone working. It ensures compliance with legal requirements and promotes a safe environment. A health and safety policy sets out your general approach to health and safety. It explains how you will manage health and safety in your organisation. It should clearly say who does what, when and how, and include information about:

• Health and Safety Responsibilities and duties, and reporting arrangements

• Provision and use of equipment e.g. work space,  display screens etc

• First aid

• Health and safety risk assessments

• Personal safety (lone working, visits/off site working, violence and aggression, key holders)

Health and Safety policies and templates can be found on the Health and Safety Executive website http://www.hse.gov.uk/simple-health-safety/index.htm 

 

Data Protection Policy (UK GDPR & Data Protection Act 2018)

This policy explains how the organisation collects, stores, and processes personal data in compliance with UK GDPR and the Data Protection Act 2018. It sets out principles for data security, accuracy, retention, and individuals’ rights to ensure lawful and transparent handling of information. It should include:

• How personal data is processed

• How data is kept accurate and up to date

• Data retention periods and procedures

• Individuals’ rights under data protection law

• How data is secured and protected from breaches

For more information visit The Information Commissioner website https://ico.org.uk/for-organisations/

Volunteer Policy (Roles, Recruitment, Induction, Equality, Expenses)

This policy provides clarity on volunteer rights and responsibilities, as well as what the organisation expects from them. It serves as the foundation for all volunteering practices and explains why volunteers are involved in the organisation’s work. A Volunteer Policy should include:

• Introduction – the organisation’s purpose and role of volunteers

• Volunteer recruitment and selection

• Roles and responsibilities – including trustees’ involvement

• Equality, diversity, and inclusion commitments

• Induction and training processes

• Health & safety and insurance requirements

• Expenses and reimbursement guidelines

• Volunteering while on benefits

• Support and supervision arrangements

• Recognition and saying thank you

• Managing challenging situations

• Confidentiality and safeguarding

• Photography and social media guidelines

• Ending volunteer roles and review processes

Visit Volunteer Scotland for information and templates relating to volunteering https://www.volunteerscotland.net/volunteer-practice/tips-and-templates