Ingol
Community Association - Constitution
Adopted
at a Public Meeting held at St Margaret's Church Hall Tag Lane
Monday
18th August 2003
|
1. |
Name
The name of the Association is the Ingol Community Association. |
2. |
Administration
Subject to the matters set out below, the charity and its property shall
be administered and managed in accordance with its constitution by the
members of the Executive Committee constituted by clause 7 of this constitution
(the Executive Committee"). |
3.
(a)
(b) |
Objects
The Association's objects ("the Objects") are that the Association
is established to promote the benefit of the inhabitants of the Ingol Estates,
Preston, Lancashire, and its 'immediate neighbourhood, without distinction
of sex or of political, religious or other opinions. It will undertake to
achieve this by associating local. Authorities, voluntary organisations,
and inhabitants in a common effort to advance education and to provide facilities
in the interests of social welfare for recreation and leisure time occupation
with the objective of improving the conditions of life for the inhabitants.
To establish or to secure the establishment of a community centre. |
4.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j) |
Powers
The Association has the following powers, which may be exercised only in promoting
the objects.
Power to raise funds and to invite and receive contributions provided that
in raising funds the Executive Committee shall not undertake any substantial
permanent trading activities and shall conform to any relevant requirements
of the law;
Power to buy, take on lease or in exchange any property necessary for the.
Achievement of the objects and to maintain and equip it for use;
Power subject to any consents required by law to sell, lease or dispose
of all or any part of the property of the Association;
Power subject to any consent required by law to borrow money and to charge
all or any part of the property of the Association with repayment of the
money so borrowed.
Power to employ such staff (who shall not be members of the Executive Committee)
as are necessary for the proper pursuit of the objects and to make all reasonable
and necessary provision for the payment of pensions and superannuation for
staff and their dependants;
Power to co-operate with other charities, voluntary bodies and statutory
authorities operating in furtherance of the objects or of similar charitable
purposes and to exchange information and advice with them;
Power to establish or support any charitable trusts, associations or institutions
formed for all or any of the objects;
Power to appoint and constitute such advisory committees as the Executive
Committee may think fit;
Power to do all such lawful things as are necessary for the achievement
of the objects. |
5.
(a)
(b)
(c)
(d)
|
Membership
Membership of the Association is open to all inhabitants living within Ingol
Estate.
Membership is also open to those inhabitants from the immediate area outside
the Ingol Estate who shares an interest in the Aims and Objectives of the
charity.
Every member shall have one vote.
The Executive Committee may by a unanimous vote and for good reason terminate
the membership of any individual: Provided that the individual concerned
shall have the right to be heard by the Executive Committee, accompanied
by a friend, before a final decision is made. |
| 6. |
Honorary Officers.
At the annual general meeting of the Association the members shall elect from
among themselves a chairperson, a secretary and a treasurer, who shall hold
office from the conclusion of that meeting. |
7.
(a)
(b)
(c)
(d )
(e)
(f)
(g) |
Executive Committee.
The Executive Committee shall consist of not less than 5 nor more than 20
members being:
The honorary officers specified in the preceding clause;
Not less than 2 and not more than 17 members elected at the annual general
meeting who shall hold office from the conclusion of that meeting;
All the members of the Executive Committee shall retire from office together
at the end of the annual general meeting next after the date on which they
came into office but they may be re-elected or re-appointed.
The proceedings of the Executive Committee shall not be invalidated by any
vacancy among their number or by any failure to appoint or any defect in
the appointment or qualification of a member.
Nobody shall be appointed as a member of the Executive Committee who is
aged under 18 or who would if appointed be disqualified under the provisions
of the following clause.
No person shall be entitled to act as a member of the Executive Committee
whether on a first or any subsequent entry into office until after signing
in the minute book of the Executive Committee a declaration of acceptance
and of willingness to act in the trusts of the Association. |
8.
(a)
(b)
(c)
(d)
|
Determination
of Membership of Executive Committee.
A member of the Executive Committee shall cease to hold office if he or
she:
Is disqualified from acting as a member of the Executive Committee by virtue
of section 72 of the Charities Act 1993 (or any statutory re-enactment or
modification of that provision);
Becomes incapable by reason of mental disorder, illness or injury of managing
and administering his or her own affairs;
Is absent without the permission of the Executive Committee from all their
meetings held within a period of six months and the Executive Committee
resolve that his or her office be vacated; or
Notifies to the Executive Committee a wish to resign (but only if at least
three members of the Executive Committee will remain in office when the
notice of resignation is to take effect). |
| 9. |
Executive Committee Members
not to be personally interested.
No member of the Executive Committee shall acquire any interest in property
belonging to the Association (otherwise than as a trustee for the charity or
receive remuneration or be interested (otherwise than as a member of the
Executive Committee) in any contract entered into by the Executive Committee. |
10.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
|
Meetings and proceedings
of the Executive Committee.
The Executive Committee shall hold at least two ordinary meetings each year.
A special meeting may be called at any time by the chairperson or by two
members of the Executive Committee upon not less than 4 days' notice being
given to other members of the Executive Committee of the matters to be discussed
but if the matters include an appointment of a co-opted member then not
less than 21 days' notice must be given.
The chairperson shall act as chairperson at meetings of the Executive Committee.
If the chairperson is absent from any meeting, the members of the Executive
Committee present shall choose one of their numbers to be chairperson of
the meeting before any business is transacted.
There shall be a quorum when at least one third of the number of members
of the Executive Committee for the time being or three members of the Executive
Committee, whichever is the greater, are present at the meeting.
Every matter shall be determined by a majority of votes of members of the
Executive Committee present and voting on the question but in the case of
equality of votes the chairperson of the meeting shall have a second or
casting vote.
The Executive Committee shall keep minutes, in books kept for the purpose,
of the proceedings at meetings of the Executive Committee and any subcommittee.
The Executive Committee may from time to time make and alter rules for the
conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with
this constitution.
The Executive Committee may appoint one or more subcommittees consisting
of three or more members of the Executive Committee for the purpose of making
any enquiry or supervising or performing any function or duty which in ,
the opinion of the Executive Committee would be more conveniently undertaken
or carried out by a subcommittee: provided that all acts and proceedings
of any such subcommittees shall be fully and promptly reported to the Executive
Committee. |
11.
(a)
(b)
|
Receipts and expenditure.
The funds of the Association, including all donations contributions and bequests,
shall be paid into an account operated by the Executive Committee in the
name of the Association at such bank, as the Executive Committee shall from
time to time decide. All cheques drawn on the account must be signed by
at least two members of the Executive Committee.
The funds belonging to the charity shall be applied only in furthering its
objects. |
12.
(a)
(b)
(c)
(d)
(e) |
Property
Subject to the provisions of sub-clause (2) of this clause, the Executive
Committee shall cause the title to:
All land held by or in trust for the Association, which is not vested in the
Official Custodian for the Association; and
All investments held by or on behalf of the charity to be vested either
in a corporation entitled to act as custodian trustee or in not less than
three individuals appointed by them as holding trustees.
Holding trustees may be removed by the Executive Committee at their pleasure
and shall act in accordance with the lawful directions of the Executive
Committee; the holding trustees shall not be liable for the acts and defaults
of its members.
If a corporation entitled to act as custodian trustee has not been appointed
to hold the property of the Association, the Executive Committee may permit
any investments held by or in trust for the Association to be held in the name
of a clearing bank, trust corporation or any stockbroking company which
is a member of the International Stock Exchange (or any subsidiary of any
such stockbroking company) as nominee for the Executive Committee, and may
pay such a nominee reasonable and proper remuneration for acting as such. |
13.
(a)
(b)
(c)
|
Accounts
The Executive Committee shall comply with their obligations with
regard to:
The keeping of accounting records for the Association.
The preparation of annual statements of account for the Association.
The auditing or .Independent examination of the statements of account of
the Association; and |
| 14. |
Annual Report.
The Executive Committee shall comply with their obligations with
regard to the preparation of an annual report. |
15
16.
(a)
(b)
(c) .
(d)
(e) |
Annual Return.
The Executive Committee shall comply with their obligations with
regard to the preparation of an annual return.
Annual General Meeting.
There shall be an annual general meeting of the Association, which shall be
held in the month of Augusy in each year or as soon as practicable thereafter.
The Executive Committee shall call every annual general meeting. The secretary
shall give at least 21 days' notice of the annual general meeting to all
members of the Association. All the members of the Association shall be entitled
to attend and vote at the meeting.
Before any other business is transacted at the first annual general meeting,
the persons present shall appoint a chairperson of the meeting. The chairperson
shall be the chairperson of subsequent annual general meetings, but if he
or she is not present, before any other business is transacted, the persons
present shall appoint a chairperson of the meeting.
The Executive Committee shall present to each annual general meeting the
report and accounts of the charity for the preceding year.
Nominations for election to the Executive Committee must be made by members
of the Association in writing and must be in the hands of the secretary of the
Executive Committee at least 7 days before the annual general meeting. Should
nominations exceed vacancies, election shall be by ballot. |
| 17 |
Special General Meetings.
The Executive Committee may call a special general meeting of the Association
at any time. If at least ten members request such a meeting in writing stating
the business to be considered the secretary shall call such a meeting. At
least 21 days' notice must be given. The notice must state the business
to be discussed. |
18
(a)
(b) |
Procedure at General Meetings.
The secretary or other person specially appointed by the Executive Committee
shall keep a full record of proceedings at every general meeting of the
Association.
There shall be a quorum when at least ten members of the charity are present
at any general meeting. |
| 19. |
Notices.
Any notice required to be served on any member of the charity shall be in
writing and shall be served by the secretary of the Executive Committee
on any member either personally or by sending it through the post in a prepaid
letter addressed to such member at his or her last known address in the
United Kingdom, and any letter so sent shall be deemed to have been received
within 10 days of posting |
20.
(a)
(b)
|
Alterations to the Constitution.
Subject to the following provisions of this clause the Constitution may
be altered by a resolution passed by not less than two thirds of the members
present and voting at a general meeting. The notice of the general meeting
must include notice of the resolution, setting out the terms of the alteration
proposed.
No amendment may be made to clause 1, 3, 9, 21, or this clause. |
21.
(a)
(b)
(c)
|
Dissolution.
If the Executive Committee decides that it is necessary or advisable to
dissolve the Association it shall call a meeting of all members of the Association,
of which not less than 21 days' notice (stating the terms of the resolution
to be proposed) shall be given.
If the proposal is confirmed by a two-thirds majority of those present and
voting, the Executive Committee shall have power to realise any assets held
by or on behalf of the Association.
Any assets remaining after the satisfaction of any proper debts and liabilities
shall be given or transferred to any such other charitable institution or
institutions having objects similar to the Association as the members of the
Association may determine or failing that shall be applied for some other charitable
purpose. |
22.
(a)
(b) |
Arrangements until first Annual General Meeting.
Until the first annual general meeting takes pace this constitution shall
take effect as if references in it to the Executive Committee were references
to the persons whose signatures appear at the bottom of this document.
This constitution was adopted on the date mentioned above in the presence
of the persons whose signatures appear at the bottom of this document.
18th August 2003 |
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