Presentation by Lindsay Driscoll at Science Council General Meeting Thursday 13th October 2016

1. How should the Science Council and its
members fulfil their duty to carry out the
charity’s purposes for the public benefit ?
Lindsay Driscoll
13th
October 2016

2. Changing Expectations of Charity
Governance and Charity Trustees
• Events in last few years have led to
criticism from press and MPs
• Loss in public trust and confidence
• Increased scrutiny of charities and Charity
Commission
• Change in approach of Charity
Commission. More stress on compliance
• Increased emphasis on legal duties of
charity trustees

3. Charity Commission Guidance; The
Essential Trustee
• Revised 2015
• Sets out legal duties and application in
practice
• Consequences of non compliance

4. Ensure your charity is carrying out
its purposes for the public benefit
• Charity trustees must have regard to
Charity Commission guidance on this and
report in Trustees Annual Report
• What is meant by public benefit?
– the benefit aspect
– the public aspect
– any personal or private benefit must be
“incidental” to carrying out the purpose

5. Objects of the Science Council
To promote the advancement and
dissemination of knowledge of and
education in science, pure and applied for
the public benefit

6. Act in your charity’s best interests
• Trustees must exercise their powers and
duties in the best interests of the charity
• Trustees are not there to represent the
interests of those who elected or
appointed them
• Must take care to protect the reputation of
the charity

7. Conflicts of interest
• Any situation in which a trustee’s personal
interests or loyalties does or could prevent
the trustee from making a decision in the
interest of the charity only- CC guidance
• Trustees need to demonstrate that any
conflict did not affect decision making
• Conflict must be eliminated or managed

8. Benefits to trustees
• Trustees cannot receive direct or indirect
benefit from charity unless authorised by
governing documents, or statute or the
Charity Commission or the courts
• Trustees are allowed to benefit from a
activities of the charity to the same extent
as individuals
• May receive reimbursement of reasonable
out of pocket expenses

9. Duties of charity trustees cont
• Comply with your charity’s governing
document and the law
• Manage your charity's resources
responsibly
• Act with reasonable care and skill

10. Accountable
• Trustees have a duty to ensure the charity
is accountable
– be able to demonstrate that the charity is
complying with the law, open and accountable
– ensure appropriate accountability to members
– ensure accountability to others with an
interest in the charity

11. Specific challenges for membership
charities
• Maintaining appropriate balance between
public and private benefit
• Managing conflicts of interest and loyalty
• What should be the role of members ?
– governance and engagement roles
– alternative structures to voice the views of
members
• Move from representative to skills based
boards

12. Role of Member Bodies in Science
Council Governance
• Current role of Member Bodies at AGM
– receive and consider annual report and accounts
– appointment and remuneration of auditors
– election of president
– election of elected trustees
– admission and removal of Member Bodies
– removal of trustees
• At all general meetings may vote on resolution
and if they reject any resolution may recommend
to board that they reconsider
• Role in amendment of Charter and Bye Laws

13. Questions for discussion
• How can the Council and the Member Bodies
ensure that their activities deliver public benefit ?
• Are there any individuals or other organisations
(such as employers, professional bodies,
charities) who would support our vision and
therefore have a say in governance ?
• What sort of board composition will best enable
the Science Council to be agile in delivering its
vision and public benefit ?