The Formation of Sheffield Scout Resources Charity (SSRC)

In August 1992, the Chief Commissioner for England, Simon Pilley requested that the County Commissioners in the North of England reviewed the need for any "mid-tier" bodies within their County. These were bodies that did not meet the officially recognised structure of the Scout movement i.e. Section, Group, District, County or Region, but which were permitted in exceptional circumstances under POR Rule 54. These bodies might be City, Borough or Divisional Councils or ones controlling specific assets. The Chief Commissioner challenged the County Commissioners that, if any such body existed in their county, they should justify its continuation or initiate steps for its dissolution. Sheffield City Scout Association (SCSA) fell within the mid-tier category and the County Commissioner, Neil Leatherland, advised the City Commissioner, David Worth, that he could not justify its continued existence and that the SCSA should work towards transferring its services, assets and operations to either the County or the Districts.

The City Commissioner, the five District Commissioners and the Officers of Sheffield City Scout Council considered the decision and, very reluctantly, concluded that, as the County Commissioner would receive full support from the Scout Association in London, it was in the best interest of Sheffield Scouting for the City to work with him to safeguard the assets of the City for Sheffield, rather than oppose the decision. The latter course of action, it was felt, would lead to considerable disagreement to the detriment of Scouting and probably result in the assets being broken up and/or absorbed by the County.

A letter from Neil Leatherland was circulated with the September 1992 issue of "Scout News" advising the Leaders of Sheffield Scouting that Sheffield City Scout Council (SCSC) would be replaced by a new organisation by April 1st 1993 and inviting constructive suggestions of what services were required from the Sheffield Scout office and shop. Following the letter, a "Sheffield Resources Review Committee" (SRRC) was set up by SCSC consisting of the City's Commissioner, Chairman, Honorary Secretary and Assistant Honorary Secretary and three warranted Leaders. In view of the complexity of the activities of SCRC and the scale of its assets, SRRC felt that legal advice should be sought regarding the matter and that the proposed date should be delayed until at least 30th July 1993. SCRC's solicitors, David Law & Co were contacted and Peter Rylands, a partner in the firm, was instructed to act on behalf of SCSC.

 

Because of the uncertainty created by the County Commissioner's letter, a further letter was circulated to Leaders from the City Commissioner and Chairman, John Bell, outlining the current position from the City's viewpoint and to reassure Leaders regarding the protection of the assets of the City, probably by incorporation in a new body. It was suggested that this might possibly be means of a limited company with the suggested title of Sheffield Scout Districts Resources Ltd.

In early October 1992, the County Commissioner advised Simon Pilley and Nigel Stevenson, Secretary of the Scout Association in London, of his proposals. Simon Pilley's reply indicated that he had no clear understanding of the current situation within Sheffield, whilst Nigel Stevenson's indicated that he could not understand why a limited company was required when a simple committee structure could achieve the same result. In an effort to clarify SCSC's position, a detailed letter was sent at the end of December 1992 to Nigel Stevenson setting out the City's reasons for proposing a limited company and indicating how it was envisaged this would operate. A formal response to this was received in February 1993 which indicated that he now had clearer understanding of the Sheffield organisation and confirmed that, in general terms, the proposal for the formation of limited company was agreed to by the Scout Association. He advised however that the matter would also need the approval of the Charity Commissioners. This was further confirmed later that month when the Scout Association's Director of Finance also agreed with this course of action.

An information evening for all Sheffield Leaders was held on February 11th 1993. At that meeting, the County Commissioner, City Commissioner and City Chairman explained in detail why changes were being made, what the current proposals were and how these would affect Groups and Leaders. The Scout Association approached the Charity Commissioners in Liverpool for their approval but, due to the trading position of the Sheffield Scout Shop, they advised that they would not permit the proposed company to have charitable status. This status was considered essential as the assets of SCSC, as a Charity, had to be transferred to another Charity.

Despite the lack of agreement regarding the operation of the City, a deadline date for the cessation of the SCSC was set for the July 7th 1993, the date of the next SCSC AGM. However, as no new body was in place to take over the assets of the City, it was agreed that the date would simply be a cessation of Scouting training and activities under a City organisation led by a City Commissioner and that, after that date, all District Commissioners would be responsible directly to the County Commissioner for the operation of their District. SCSC would continue to control and operate the assets of the City on behalf of the Districts but maintain no role in representing uniformed Scouting.

Crucially, in late April 1993, the Charity Commissioners ruled that, due to the state of the ownership of the property at Trippet Lane, it was a permanent endowment to Sheffield Scouting and, as a consequence, a trust body needed to be established to manage the property. This body could not also be a trading company operating a shop. This decision led to the drafting in June of the initial proposals of a constitution of what was entitled Sheffield Scout Resources Council.

The July 7th AGM took place as arranged and on that date uniformed Scouting in Sheffield under a City banner ceased. This situation was further emphasised by a memorandum date August 31st from the County Commissioner to the Sheffield District Commissioners at the start of the new Scouting year.

A formal first draft of a constitution for the new body was prepared by the Peter Rylands and, in August 1993, this was submitted to both the Scout Association and the Charity Commissioners for review. Regrettably, the Scout Association, now back tracked on its previous decision and suggested there was no need for a formal charity and that a simple Management Committee was all that the situation required. A response from the Charity Commissioners however was not received until January 1994. They accepted the need for a body but, agreed with the Scout Associating, that a simpler body was all that the City organisation required. Peter Rylands met with the Association's Field Commissioner for the area, Peter Drake, in April and together they revised the proposed constitution and, in doing also, changed the proposed name to Sheffield Scout Resources Charity (SSRC). Despite Peter Drake's involvement, the revised constitution however did not meet with Nigel Stevenson's approval who submitted his own simplified proposals with a simple title of Sheffield Scout Districts' Resources Sub-Committee. That draft proposed that the Committee would become a sub-committee of each of the Sheffield Districts. That was a proposal viewed by the SCSC as both against the requirements of the City and unworkable in practice. The reply also indicated that neither the Scout Association nor the Charity Commissioners had any real understanding of the scope of the City's operation or its ongoing responsibilities as a trustee.

In view of this, Peter Rylands arranged a meeting at his offices in Sheffield for June 29th 1994 where both he and the ex-City Commissioner could meet with Nigel Stevenson and Peter Drake. The primary purpose of the meeting was to explain, in detail, to them the scope of the City operation and to reinforce the Sheffield view that an independent Charity with a detailed Constitution was required in order for SCSC to continue with its current operations for the benefit of the Groups and Districts of the City.

The meeting seemed to have achieved its aims and a revised Constitution incorporating some minor amendments was submitted to London on August 23rd 1994. Prior to this, the revision had been submitted to various members of the City, including the District Commissioners, for approval. The Constitution, with minor amendments, was accepted by Nigel Stevenson and submitted with his commendation to the South Yorkshire County Scout Executive Committee for approval at its next meeting on October 10th 1994.

Regrettably, despite Nigel Stevenson's commendation, the wording of the draft did not meet with the County's approval and they set up their own working Group to review the document in detail and recommend amendments. Their report containing, some minor revisions, was received at the beginning of December 1994 and was submitted by the County Secretary to both Nigel Stevenson in London and Peter Rylands. One of the main recommendations was that, due to the necessary legalistic wording of the constitution, a separate side document should be produced. The aim of this was to explain some essential information not contained within the main document and to clarify some points that could not be included within it. The revised draft and the side document were, with one minor amendment to the side document, approved by SCSC Executive Committee on January 9th 1995. It was also formally approved by each of the five Sheffield District Scout Executive Committees by mid-February. County approval of the final amendments was made by mid-April and formal agreement was received from London by the end of that month. This latter notification also indicated that Nigel Stevenson was submitting the documents to the Charities Commission for approval. On February 17th, due to a situation appertaining to the City's relationship with County but not directly concerned with the proposed constitution, the City Chairman, John Bell, resigned and was replaced by the ex-City Commissioner, David Worth.

Regrettably, in July, the Charity Commissioners raised concerns which centred partially upon the permanent endowment status of the Trippet Lane property, but more importantly, on the fact that the current constitution of SCSC had no clause within it permitting the amendment of its constitution. No further formal advice was received from the Charity Commissioners until February 1996 when, on telephone enquiry, Peter Rylands was advised that the files were with their Registration Department for review with regard to the transfer of registration between the old and new body. Finally, in March 1996, a response was received setting out amendments required to enable them to issue a "Power of Amendment" to the SCSC constitution to enable the current registration to be transferred to the new body with its new constitution. These amendments were accepted. Details of the Scheme (a formal term for the amendment of the constitution of a Charity) and the draft public notices required to be issued were received by Peter Rylands in August but, due to errors in his office, these were ignored until November. Formal notices of the changes as required by law were published later that month and, as no objections were received, the Charity Commissioners were advised of that fact. Final notice was received on January 9th 1997 that the Scheme had been sealed by the Charity Commission and that a final time scale could be established for the changeover to take place at the end of March 1997.

David Worth, as City Chairman, issued a detailed circular letter to Leaders and administrators on February 14th outlining briefly the history of SCSC and the reasons for a meeting needing to be held. It also provided formal notice of a meeting to be held on March 24th at which the two propositions would be tabled. The first proposition was to alter the current constitution of SCSC by inserting a clause permitting its constitution to be amended to allow amendments to it. The second proposition was that name of the body to be changed to Sheffield Scout Resources Charity and to permit the adoption the proposed constitution, together with its side document, as its governing document. At the meeting, these two proposals were agreed. Finally on May 19th 1997, Peter Rylands confirmed to SSRC that, after almost five years, all the necessary formalities regarding the new constitution had been completed and that Sheffield City Scout Council was now Sheffield Scout Resources Charity, an independent Charity responsible to its members, the five Scout Districts of Sheffield.

The final result, at the end of these long and tortuous discussions, fully met the original intention of the members of Sheffield City Scout Council at the start the process and justified the decision of co-operation. It ensured that, although the City structure of Scouting that had play such a strong part in building and co-ordinating the movement within the City ceased, the significant assets of the business of the Sheffield Scouting remained in operation and under the direct control of the Sheffield Districts.