Constitution

CHARITY COMMISSIONERS FOR ENGLAND AND WALES

 

 SCHEME

 

 

 

 CHARLTON MARSHALL VILLAGE HALL

 

CHARLTON MARSHALL       DORSET

 

   

 

 DATED 14 MAY 1985

 

 

 

 
Sealed: 14 May 1985
146(S) County -Dorset
85 Parish -Charlton Marshall
Charities 1. Charlton Marshall Village Hall
2. The Reverend John Muston Bastard Fund
L2(E)

234,609/1

Adjudged not chargeable with stamp duty Scheme including appointment of Trustees

 

 CHARITY COMMISSION

 

 

 

In the matter of the following Charities, in the Parish of Charlton Marshall, in the County of Dorset:-

 

 

  1. The Charity known as Charlton Marshall Village Hall, regulated by a declaration of trust dated 2nd January 1939; and

 

  1. The Charity called The Reverend John Muston Bastard Fund, comprised in a scheme of the Charity Commissioners of the 30th June 1953; and

 

In the matter of the Charities Act 1960.

 

 

 

THE CHARITY 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: –

 

 

SCHEME

 

 

  1. Administration of Charities.

 

The above-mentioned charities and the property thereof specified in the schedule hereto and all other the property (if any) of the Charities shall be administered and managed together as one Charity under the title of the Charlton Marshall Village Hall (hereinafter referred to as the Charity) in conformity with the provisions of this Scheme by the Committee of Management hereinafter constituted as the charity trustees thereof within the meaning of section 46 of the Charities Act 1960;

 

 

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 Committee of the Charity numbered 1 above in accordance with the provisions of the scheme.

 

 

  1. Vesting.

 

The land with the building thereon specified in the said schedule and belonging to the said Charity numbered 1 is hereby vested in the Official Custodian for Charities for all the estate and interest therein belonging to or held in the trust for the Charity.

 

 

 

OBJECT

 

 

  1. Object of Charity.

 

(1)       The object of the Charity shall be the provision and maintenance of a village hall for the use of the inhabitants of the Parish of Charlton Marshall (hereinafter called “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.

 

 

(2)       The said land and building shall be held upon trust for the purpose of a village hall as aforesaid.

 

 

COMMITTEE OF MANAGEMENT

 

 

  1. Constitution.

 

Subject as hereinafter provided, the Committee of Management (hereinafter referred to as the Committee) shall consist when complete of twelve person (hereinafter referred to as Members) being

 

 

                        Four Elected Members and

 

                        Eight Representative Members

 

 

  1. 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.

 

 

  1. Representative Members.

 

(1)       One representative Member shall be appointed by each of the following organisations:

 

 

            Charlton Marshall Parish Council,

 

 

            Charlton Marshall Bingo Club,

 

 

            Charlton Marshall Disco Club,

 

 

            Charlton Marshall Monday Club,

 

 

            Charlton Marshall Players,

 

 

            Charlton Marshall Table Tennis Club,

 

 

            Charlton Marshall Vintage Vehicle Club,

 

 

            Charlton Marshall Wednesday Wives.

 

 

(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 Member 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.

 

 

  1. Co-optative Members.

 

The committee may appoint if they think fit not more than three Co-optative Members. Each appointment of a Co-optative Members shall be made at a meeting of the committee to take effect from the date of that meeting.

 

 

  1. 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.

 

 

  1. 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 Member by any organisation in the area of benefit not already named in this Scheme.

 

 

  1. Alteration of constitution of Committee.

 

The constitution of the Committee as hereinbefore provided may on the application of the Committee be altered from time to time by Order of the Charity Commissioners.

 

 

  1. Casual vacancies.

 

(1)       Upon the occurrence of a 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.

 

 

  1. Failure to appoint.

 

The proceedings of the Committee shall not be invalidated by any vacancy among its Members or by any failure to appoint or any defect in the appointment or qualifications of a Member.

 

 

  1. Declaration of Members.

 

No person shall be entitled to act as a Member whether on a first or any subsequent entry into office until after signing in the minutes book of the Committee a declaration of acceptance and of willingness to act in the trusts of this scheme.

 

 

  1. 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 remuneration, or be interested in the supply of work or goods, at the cost of the Charity.

 

 

MEETINGS AND PROCEEDINGS OF THE COMMITTEE

 

 

  1. 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.

 

 

  1. 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 of vice-chairman (if any) are absent from any meeting of the Committee the Members shall choose one of their number to be chairman of the meeting before any other business is transacted.

 

 

  1. Voting.

 

Except as hereinbefore provided every matter shall be determined by the majority of votes of the Members present and voting on the question but in the case of quality of votes the chairman of the meeting shall have a second or casting vote.

 

 

  1. Minutes and accounts.

 

A minute book and books of accounts shall be provided and kept by the Committee.

 

 

  1. 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 their meetings and in particular with reference to –

 

 

(1)       The terms and conditions upon which the said building 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; and

 

 

(4)       the number of Members who shall form a quorum at meetings of the Committee, provided that the number of Members who shall form a quorum shall not be less than one-third of the total number of Members for the time being.

 

 

INSURANCE

 

 

  1. Insurance.

 

The Committee shall insure the said building and the furniture and effects therein to the full value thereof against fire and other usual risks and shall suitably insure against the risks arising out of the ownership of property and the employment of persons.

 

 

APPLICATION OF INCOME

 

 

  1. Receipts and expenditure.

 

(1)       The income of the Charity including all payments for the use of the said building and 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 insuring as aforesaid, in maintaining and repairing the said building and the 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.

 

 

  1. Surplus Cash.

 

Sums of cash at any time belonging to the Charity and not needed for immediate working purposes shall be invested in the name of the said Official Custodian unless the Commissioners otherwise direct.

 

 

ANNUAL GENERAL MEETING

 

 

  1. Annual General Meeting.

 

(1)       There shall be an annual general meeting in connection with the Charity which shall be held in the month of May in each year or as soon as practicable thereafter.

 

 

(2)       All inhabitants of the area of benefit of 18 years of age and upwards shall be entitled to attend and vote at the annual general meeting.

 

 

(3)       The first annual general meeting shall be convened by the existing Trustees of the Charity and every subsequent annual general meeting shall be convened by the Committee.

 

 

(4)       Public notice of every annual general meeting shall be given in the area of benefit 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 the subsequent annual general meetings shall be the chairman for the time being of the Committee, but if he or she 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.

 

 

LETTING AND SALE

 

 

  1. Letting.

 

Subject to the conditions that the use of the remainder of the said land and building for the object of the Charity shall not be unduly interfered with, the Committee may let any part thereof not for the time being required for use for the said object but the Committee shall not without the sanction of the Commissioners or a competent court create any tenancy wholly or partly in consideration of a fine or for a term ending more than 22 years after it is granted or for less than the best rent obtainable.

 

 

  1. Sale.

 

If any time the Committee decide that on the grounds of expense or otherwise it is necessary or advisable to discontinue the use of the whole or any part of the said land and building for the purposes of a village hall, and that decision is confirmed by a resolution passed by a majority of the inhabitants of the area of benefit of 18 years of age and upward attending and voting at a meeting of which public notice has been given in the area of benefit at least 14 days before the date thereof, the Committee may subject to the authority of a further Order or Orders of the Commissioners sell the said land and building or any part thereof and may do and execute all proper acts and assurances for carrying any such sale into effect.

 

 

  1. Proceeds of sale.

 

(1)       Unless the Commissioners otherwise direct the Committee shall pay over the clear proceeds of any such sale as aforesaid for investment in the name of the said Official Custodian.

 

 

(2)       Thereafter, the Committee shall apply the clear income and subject to the approval of the Commissioners the property of the Charity in furthering the object of the Charity or for such other charitable purposes for the general benefit of the inhabitants of the area of benefit as the Committee think fit.

 

 

GENERAL PROVISIONS

 

 

  1. Donations.

 

The Committee may accept any donations or property for the general purposes of this 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.

 

 

28        Questions under Scheme.

 

 

Any question as to the construction of the Scheme or as to the regularity or 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.

 

 

 

SCHEDULE

 

 

Charity Numbered 1 above

 

 

Land situate at Charlton Marshall in the County of Dorset having a frontage of 55 feet or thereabouts on the north to the road between Blandford and Poole with the building thereon known as Charlton Marshall Village Hall being the land comprised in a conveyance made the 2nd January 1939 between Harry Trickett of the one part and Robert Grove Burgess and three others of the other part.

 

 

            £1,668 cash on deposit account at the Blandford branch of Lloyds Bank plc.

 

 

            £214 cash on current account at the said branch of the said bank.

 

 

£2,000 cash on deposit with the National Savings Bank Investment Branch (Account No. 138059008).

 

 

Charity numbered 2 above

 

 

            70 Income Shares in the Charities Official Investment Fund.

 

 

            This schedule is made up to the 1st April 1985

 

 

            Sealed by Order on the Commissioners this 14th day of May 1985