Sealed 28th May 1997
1. Aldingbourne Community Association
2. Aldingbourne Sports and Recreational Centre
Scheme including appointment of Trustees
(UNCONTROLLED ONLINE COPY)
(MAY CONTAIN OCR/TRANSLATION ERRORS)
C H A R I T Y C O M M I S S I O N
In the matter of the following Charities Parish of Aldingbourne, in the County of West Sussex:
1. Aldingbourne Community Association;
2. Aldingbourne Sports and Recreation Centre, regulated by lease and trust dated 1979; and
In the matter of the Charities Act 1993.
THE COMMISSIONERS FOR ENGLAND AND WALES HEREBY ORDER that the following Scheme be approved and established as the Scheme for the regulation of the above-mentioned Charities:-
S C H E M E
1. Administration of Charities. (1) The above-mentioned Charities and the property thereof shall be administered and managed together as one Charity (the Charity) subject to and in accordance with the provisions of this Scheme by the Committee of Management hereinafter constituted as the charity trustees thereof within the meaning of section 97 of the Charities Act 1993: Provided that until the end of the first annual general meeting to be held as hereinafter provided after the date of this Scheme the Charity shall be administered by the existing Trustees of the Charities numbered 1 and 2 above subject to and in accordance with the provisions of the Scheme.
DL279 96(x2) 27.03.97 MF
(2) The name of the Charity shall be The Aldingbourne Community Sports Centre or such other name as the Committee of Management from time to time by resolution may decide with the prior approval of the Charity Commissioners.
2. Object of Charity. The object of the Charity shall be the provision and maintenance of a recreation ground and community centre for the benefit of the inhabitants of the Parish of Aldingbourne and the surrounding neighbourhood (the area of benefit) without distinction of political, religious or other opinions, including use for meetings, lectures and classes, and for other forms of recreation and leisure-time occupation, with the object of improving the conditions of life for the said inhabitants.
COMMITTEE OF MANAGEMENT
3. Constitution. Subject as hereinafter provided, the Committee of Management (the Committee) shall consist when complete of 20 persons (the Members) being
Five Elected Members and
Fifteen Representative Members
4. Elected Members. Subject as hereinafter provided for casual vacancies, the Elected Members shall be appointed at the Annual General Meeting to be held as hereinafter provided and shall hold office from the end of the annual general meeting at which they are appointed.
5. Representative Members. (1) One Representative Member shall be appointed by each of the following organisations:
The Aldingbourne District Bowls Club
The Tennis Club
The Rifle Club
The Aldingbourne Football Club
The Stool Ball Club
The Model Railway Club
The Red Star Rife Football Club
St. Marys Church
Westergate Women’s Institute
Aldingbourne Parish Council
Aldingbourne Social Club
Aldingbourne District Horticultural Society
Aldingbourne and Eastergate Guides and Brownies
Aldingbourne Retirement Club
Men’s Social (Snooker) Club
(2) Each organisation shall notify the name of the person appointed by it to the secretary of the Committee.
(3) The appointment of a Representative Member may be made not more than one month before the annual general meeting and the term of office of a Representative Member so appointed shall commence at the end of that meeting.
(4) If an organisation entitled to appoint a Representative Member fails to do so within the said period of one month before the annual general meeting the appointment shall be made as soon as practicable after that meeting. The term of office of a Representative so appointed and of a Representative Member appointed to fill a casual vacancy shall commence on the day on which notification is received by the said secretary.
6. Co-opted Members. The Committee may appoint if they think fit not more than 2 Co-opted Members. Each appointment of a Co-opted Member shall be made at a meeting of the Committee to take effect from the date of that meeting.
7. Termination of membership. (1) Any member who is adjudged bankrupt or makes a composition or arrangement with his or her creditors or who is incapacitated from acting or who communicates in writing to the Committee a wish to resign shall thereupon cease to be a member.
(2) All the Members 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.
8. Additional Representative Members. The Committee shall have power by a resolution passed at a duly constituted meeting by the votes of not less than two-thirds of the Members for the time being to allow the appointment of an additional Representative by any organisation in the area of benefit not already named in this Scheme.
9. Alteration to constitution of Committee. The constitution of Committee as hereinbefore provided may on the application of the Committee be altered from time to time by Order of the Commissioners.
10. Delegation to sub-committee. The Committee may delegate such of their powers of management and administration as they may from time to time decide to a sub-committee or sub-committees consisting of not fewer than three of their number and may make regulations for the conduct of such sub-committee or sub-committees and may from time to time amend such regulations provided that provided that all proceedings of such sub-committee or sub-committees shall be reported as soon as possible to the Committee and further provided that no such sub-committee or sub-committees shall agree expenditure on behalf of the Charity except in accordance with a budget which has been approved by the Committee.
11. Casual Vacancies. (1) Upon the occurrence of casual vacancy the Committee shall cause a note thereof to be entered in their minute book at their next meeting and in the case of a vacancy in the office of Representative Member shall cause notice thereof to be given as soon as possible to the organisation entitled to fill the vacancy.
(2) A casual vacancy in the office of Elected Member may be filled at a meeting of the Committee to take effect from the date of that meeting.
12. Failure to appoint. The proceedings of the Committee shall not be invalidated by any vacancy among their Members or by any defect to appoint or any defect in the appointment or qualification of a Member.
13. Declaration by Members. No person shall be entitled to act as a Member whether on a first or on any subsequent entry into office until after signing in the minute book of the Committee a declaration of acceptance and of willingness to act in the trusts of this Scheme.
14. Members not to be personally interested. Except in special circumstances with the approval in writing of the Commissioners no Member shall take or hold any interest in any property belonging to the Charity otherwise than as a Trustee for the purposes thereof, or receive any renumeration, or be interested in the supply of work or goods, at the cost of the Charity.
MEETINGS AND PROCEEDINGS OF THE COMMITTEE
15. Meetings of the Committee. The Committee shall hold at least two ordinary meetings in each year. A special meeting may be summoned at any time by the chairman or by any two Members upon seven clear days’ notice being given to all the other Members of the matters to be discussed.
16. Chairman. (1) At the first meeting in each year after the annual general meeting the Committee shall elect one of their number to be Chairman of their meetings until the commencement of the first meeting after the annual general meeting in the following year and may also elect one of their number to be vice-chairman. The chairman and vice-chairman shall always be eligible for re-election.
(2) If the chairman and vice-chairman (if any) are absent from any meeting of the committee the Members present shall choose one of their number to be chairman of the meeting before any other business is transacted.
17. Voting. Except as hereinbefore provided every matter shall be determined by the majority of votes of the present and voting on the question but in the case of equality of votes the chairman of the meeting shall have a second or casting vote.
18. Minutes. The Committee shall keep, in books maintained for the purpose, minutes of the proceedings of their meetings.
19. Accounts and annual report. The Committee shall comply with their obligation under Part VI of the Charities Act 1993 with regard to:
(a) the keeping of accountingrecords forthe Charity;
(b) the preparation of annual accounts for the Charity;
(c) the preparation of anannual report;
(d) where applicable, the auditing or independent examination of the statements of account of the Charity; and
(e) where applicable, the transmission of the statements of account and the annual report to the Commissioners.
20. Annual return. The Committee shall, where applicable, comply with their obligations under the Charities Act 1993 with regard to the preparation of an annual annual return and its transmission to the Commissioners.
21. Rules. Within the limits prescribed by this Scheme the Committee may from time to time make and alter rules for the conduct of their business and for the summoning and conduct of its meetings and in particular with with reference to:
(1) The terms and conditions upon which the building held by the Charity may be used for the purposes specified in this Scheme by persons or bodies other than the Committee and the sum (if any) to be paid for such use.
(2) The appointment of an auditor, treasurer and such other unpaid officers as the Committee may consider necessary and the fixing of their respective terms of office.
(3) The engagement and dismissal of such paid officers and servants as the Committee may consider necessary.
(4) The number of Members who shall form a quorum at meetings of the Committee, provided that the number of Members who shall not be less than one-third of the total number of Members for the time being.
APPLICATION OF INCOME
22. Receipts and expenditure. (1) Any income of the Charity including all donations for the benefit thereof shall be paid into a trust account at such bank as the Committee shall from time to time prescribe.
(2) The moneys standing to the credit of the said account shall be applied as the Committee shall decide in maintaining the property of the Charity (including the repair and of any building thereon and any furniture and effects therein) and in paying all rent (if any), rates, taxes, salaries of paid officers and servants and other outgoings and in otherwise furthering the object of the Charity.
23. Surplus cash. Sums of cash at any time belonging to the Charity not needed for immediate working purposes shall be invested in trust for the Charity.
ANNUAL GENERAL MEETING
24. Annual general meeting. (1) There shall be an annual general meeting in connection with the Charity which shall be held in the month of July in each year or as soon practicable thereafter.
(2) All inhabitants of the area of benefit of 18 years of age and upward shall be entitled to attend and vote at the annual general meeting.
(3) The first annual general meeting shall be convened by the Trustees of the Charities numbered 1 and 2 above. Every subsequent annual shall be convened by the Committee.
(4) Public notice of every annual general meeting shall be given in the area of at least 14 days before the date thereof.
(5) Before any other business is transacted at the first annual general meeting after the date of this Scheme, the persons present thereat shall appoint a chairman of the meeting. The chairman of subsequent annual general meetings shall be the chairman for the time being of the Committee, but if he or she or the vice chairman (if any) is not present, before any other business is transacted, the persons present shall appoint a chairman of the meeting.
(6) The Committee shall present to each annual general meeting the report and accounts of the Charity for the preceding year.
25. Donations. The Committee may accept any donations or property for the general purposes of the Charity and they may also accept donations or property for any special objects connected with the Charity not inconsistent with the provisions of this Scheme.
26. Power of amendment. (1) Subject to the provisions of this clause, the Committee may amend the provisions of this Scheme.
(2) Any amendment must be made under the authority of a resolution passed at a special meeting of the Committee by not less than two thirds of the members present and voting.
(3) The Committee must not make any amendment which would:
(a) vary this clause, or
(b) clause 2 of this Scheme (the object clause).
(4) The Committee must obtain the prior written approval of the Commissioners to any amendment which would vary the Committee’s power of investment.
(5) The Committee must:
(i) promptly send to the Commissioners a copy of any amendment made under this clause; and
(ii) keep a copy of any such amendment with this Scheme
27. Questions under Scheme. Any question as to the construction of this Scheme or as to the regularity of the validity of any acts done or about to be done under this Scheme shall be determined by the Commissioners upon such application made to them for the purpose as they think sufficient.
Sealed by Order of the Commissioners this 28th day of May 1997.
|(Official Stamp Here)||M.r. J. Cotton