Village Hall and Recreation Field - Constitution
Note: the following was transcribed by the webmaster from a copy of original legal document.
County – Somerset
Parish - Ashwick
Charities – 1 Oakhill Village Hall Fund
- 2 Recreation Ground
Scheme including appointment of Trustees.
In the matter of the following Charities, in the Parish of Ashwick, in the County of Somerset:—
1. The Charity called the Oakhill Village Hall Fund, regulated by conveyance dated the 9th June 1910 as affected by a Scheme of the Charity Commissioners of the 18th September 1973;
2 The Charity known as the Recreation Ground, regulated by conveyance dated the 31st May l932; 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:-
S C H E M E.
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 Ashwick Village Hall and Recreation Ground (hereinafter referred to as the Charity) subject to and in conformity with the provisions of this Scheme.
Date 26th November 1982
2. Trustees. —
(I) The Parish Council of Ashwick shall be the Custodian Trustee of the Charity
(2) The Custodian Trustee in whom as Trustee the land specified in the said schedule and belonging to the Charity numbered 2 above is vested shall hold the said land henceforth as such Custodian Trustee as aforesaid.
(3) Until the end of the first annual general meeting to be held as hereinafter provided the existing Trustee of the Charities at the date of this Scheme shall be the Managing Trustee of the Charity as the charity trustee thereof within the meaning of section 46 of the Charities Act, 1960, but from and after the end of that meeting the Committee of Management hereinafter constituted shall be the Managing Trustees of the Charity as the charity trustees thereof as aforesaid.
3. Object of Charity. —
(1) The object of the Charity shall be the provision and maintenance of a village haIl, recreation ground and facilities ancillary thereto for the use of the inhabitants of the Parish of Ashwick (hereinafter called “the area of benefit”) without distinction of political, religious or other opinions, including 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 t the said inhabitants.
(2) The said land and any buildings now or to be erected thereon shall be held upon trust for the purposes of a village hall, recreation ground and facilities ancillary thereto as aforesaid.
COMMITTEE OF MANAGEMENT.
4. Constitution — Subject as hereinafter provided, the Committee of Management (hereinafter referred to as the Committee) shall consist when complete of 20 persons (hereinafter referred to as Members) being Four Elected Members and Seventeen (sixteen) representative Members. (change initialed)
5. Elected Members — Subject as hereinafter provided for casual vacancies, the Elected Members shall 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.
6. Representative Members (1) One Representative Member shall be appointed by each of the following organisations:
Ashwick and Binegar Football Club,
Ashwick Branch of the Royal British Legion,
Ashwick Branch of the Royal British Legion (Women’s Section)
Ashwick and Oakhill Brownies,
Ashwick and Oakhill Cubs,
Ashwick and Oakhill Choral Society,
Ashwick and Oakhill Women’s Institute,
Ashwick Parish Council,
Ashwick Parochial Church Council,
Oakhill Cricket Club,
Oakhill Good Companions and Welcome Club,
Oakhill Methodist Church,
Oakhill Parochial Church Council,
Oakhill School Parent Teachers Association
Oakhill Youth 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 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.
7. Co-optative Members — The Committee may appoint if they think, fit not more than two Co-optative Members. Each appointment of a Co-optative Member shall be made at a meeting of the Committee to take effect from the date of that meeting..
8. 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.
9. 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.
10. Alteration of constitution of Committee. — The constitution of the Committee as hereinbefore provided may on the application the Committee be altered from time to time by Order of the Charity Commissioners.
11 Casual vacancies —
(l) 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 that meeting.
12. 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 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 o 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 remuneration, 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 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 Members present and voting on the question but in case of equality of votes the chairman of the meeting shall have a second or casting vote.
18. Minutes and accounts — A minute book and books of account shall be provided, and kept by the Committee.
l9. 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) terms and conditions upon which the said buildings 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.
20. Insurance — The Committee shall insure the said buildings and the furniture and effects therein to the full value thereof against fire and other usual risks and shall suitably insure against risks arising out of the ownership of property and the employment of persons.
APPLICATION OF INCOME.
21. Receipts and expenditure —
(1) The income of the Charity including all payments £ or the use of the said buildings 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 buildings and the furniture and effects therein and in paying all rent (if any), rates, taxes of paid officers and servants and other outgoings and in otherwise furthering the object of the Charity.
22. Surplus cash — Sums of cash at any time belonging to the Charity and not needed for immediate working purpose shall be invested in trust for the Charity.
APPLICATION OF PROPERTY
23. Application of property — The Committee may at any time apply the whole or part of the property specified in the said schedule and belonging to the Charity numbered (?) above in or towards providing on the said land buildings to be used as a village hail in conformity with the provisions of this Scheme.
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 March each. year or as soon as 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 existing Trustee of the Charities 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 general meet after the data 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 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 OR SALE.
25. Letting or sale — If at 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 part of the said land and buildings for the purposes of a village hail and. recreation ground, 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 Committed may subject to the authority of any further Order or Orders of the Commissioners let or sell the said land and buildings or any part thereof and the Committee and the Custodian Trustee may do and execute all proper act and assurances for carrying any such sale into effect.
26. Proceeds of sale —
(1) Unless the Commissioners otherwise direct the clear proceeds of any such sale as aforesaid shall be invested in trust for the Charity.
(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.
27. 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.
28. Questions under Scheme — Any question as to the construction of this 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.
Charity numbered 1 above
1,143.49 Income Shares in the Charities Official Investment Fund.
£ cash on deposit account at the branch of - Bank PLC.
Charity numbered 2 above
Land containing 9.923 acres or thereabouts situate at Oakhill in the Parish of Ashwick in the County of Somerset being the land numbered 58 on the Ordnance Survey map (second edition 1903) and being the land comprised in the above-mentioned conveyance dated the 31st May 1932 and made between Evelyn Maud Sherston of the one part and Hamilton Price and two others of the other part and recorded in the books of the Charity Commissioners on the 16th August 1932 pursuant to section 29(4) of the Settled Land Act, 1925.
£ cash on deposit account at the branch of Bank PLC.
£ cash on current account at the said branch the said bank.
This schedule is made up to the
Sealed by Order of the Commissioner this