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Legal experts Graeme Hughes and Thorrun Govind consider the roles and responsibilities of trustees of the future Royal College of Pharmacy…

The Royal Pharmaceutical Society (RPS) is embarking on a transformative journey, transitioning to a Royal College and registering as a charity. This significant change follows a recent Special Resolution Vote (SRV) which had voter turnout of 31.4 per cent.

The RPS will seek approval from the Privy Council, the Charity Commission, and the Office of the Scottish Charity Regulator (OSCR) in order to formalise its new charitable status.

As the organisation transitions to a charity, understanding the responsibilities of charity trustees is vital. Charity law gives trustees a legal responsibility for a given charity.

Trustees will have six specific duties

To support this, trustees also have six specific duties. These are set out by the Charity Commission and show how trustees should govern their charity and conduct themselves.

The main duty of all charity trustees is to advance the purposes of their charity, and the role isn’t one to be taken lightly.

The Charity Commission’s guidance on charity trustees outlines several key responsibilities. This includes ensuring that the charity is carrying out its purposes for the public benefit.

Trustees must ensure that the charity is fulfilling its established purposes and no other. This involves understanding the charity’s purposes as set out in its governing document, planning activities to achieve these purposes, and explaining how these activities benefit the public.

Misusing charity funds can lead to serious consequences, including personal reimbursement by trustees.

Trustees must ensure compliance with the charity’s governing document and relevant laws. This includes keeping the charity’s details up to date on the register and submitting the required financial and other information in the annual return.

Make balanced and adequately informed decisions

Trustees must always act in the best interests of the charity. This includes doing what they and their co-trustees (and no-one else) decide will best enable the charity to carry out its purposes.

With their co-trustees they must make balanced and adequately informed decisions, thinking about the long term as well as the short term.

Trustees should avoid putting themselves in a position where their duty to the charity conflicts with their personal interests or loyalty to any other person or body.

Trustees must not receive any benefit from the charity unless it is properly authorised and is clearly in the charity’s interests; this also includes anyone who is financially connected to the Trustee, such as a partner, dependent child or business partner.

Trustees must use the charity’s assets prudently, avoiding inappropriate risks and ensuring that resources are used responsibly to support the charity’s purposes. This includes taking special care when investing or borrowing and complying with any spending restrictions.

Trustees must comply with statutory accounting and reporting requirements

There is also a duty to act with reasonable care and skill. Trustees must use their skills and experience effectively, taking appropriate advice when necessary.

They should dedicate sufficient time and effort to their role, actively participating in meetings and decision-making processes. Trustees must also comply with statutory accounting and reporting requirements, demonstrating that the charity is well-run and effective.

They should ensure accountability to members and within the charity, particularly when delegating tasks to staff or volunteers.

Additionally, trustees must meet certain eligibility criteria. You must be at least 16 years old to be a trustee of a charity that is a company or a charitable incorporated organisation (CIO).

Trustees must be properly appointed following the procedures and any restrictions in the charity’s governing document.

It is a fundamental feature of charity law that charity trusteeship is a voluntary endeavour and so most trustees don’t get paid for their role, but can claim reasonable expenses as a trustee, as well as other payments or benefits in limited and restricted circumstances.

The transition of the RPS to a Royal College and charity marks a new chapter in its history as the organisation aims to strengthen its role, advocate further for the pharmacy profession, and to enhance patient care.

It is vital that Trustees understand their duties to ensure that the organisation continues to be a leading voice in pharmacy.

Graeme Hughes is a partner and head of Charities at Brabners LLP. His co-author Thorrun Govind is a solicitor at Brabners, a pharmacist and TV health expert.