Notice Board

Constitution

  • Name
    The name of the Group is Blackwell Parish Council (hereinafter called the "Charity")

  • Administration
    Subject to the matters set out below the Charity and its property shall be administered and managed in accordance with this constitution by the members of the Management Committee, constituted by clause 7 of this constitution (the Management Committee).

  • Objects of the Charity
    To promote any charitable purpose for the benefit of the community in the local government district of Bolsover (hereinafter called "area of benefit") and in particular to enhance the quality of life in the community, by relief of the poor, old, sick and the disabled by:
    1. to hold an annual Carnival and other social activities throughout the year to promote community participation within the area of benefit.
    2. the promotion of education, sport and music facilities within the area of benefit.
    3. to work with the youngsters within our parish to establish the needs and achieve goals within the area of benefit

  • Powers
    In furtherance of the objects but not otherwise the Management Committee may exercise the following powers:
    1. to raise funds and to invite and receive contributions provided that in raising funds the Management Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law;
    2. 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;
    3. subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Charity;
    4. subject to any consents required by law to borrow money and to charge all or any part of the property of the Charity with repayment of the money so borrowed;
    5. to employ such staff (who shall not be members of the Management 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;
    6. 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;
    7. to establish or support any charitable trusts, associations or institutions formed for all or any of the objects
    8. to appoint and constitute such advisory committees as the Management Committee may think fit;
    9. to do all such other lawful things as are necessary for the achievement of the objects.

  • Membership
    1. Membership is open to anyone who endorses the aims and objectives of the Charity, and resides in the District of Bolsover.
    2. Every member shall have 1 (one) vote.
    3. The Management Committee may by 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 Management Committee accompanied by a friend, before a final decision is made.
    4. The Committee may invite any paid worker to attend meetings as an observer/ advisor but without the power to vote.
  • Honorary Officers
    1. There will be 4 (Four) honorary officer positions i.e. Chair, Vice Chair, Secretary, Treasurer, and such other Honorary Officers as the Charity may from time to time decide, who shall hold office.
    2. The Chair and Honorary Officers shall be ex-officio members of the Management Committee established by Clause 5 of this Constitution and of any other committee.

  • Management Committee
    1. Subject to any conditions imposed from time to time by the Charity and as hereinafter mentioned, the policy and general management of the affairs of the Charity shall be directed by a Management Committee (hereinafter called "the Committee") whose membership shall comprise the following:
      1. Ex-officio the Honorary Officers of the Charity in accordance with clauses 6 (six) (a and b).
      2. Not less than 4 (four) and no more than 20 (twenty) elected ordinary members of the Committee.
    2. The first members of the Committee shall be the Honorary Officers and those elected at the first Annual General Meeting of the Charity and in accordance with clause 12 (twelve) hereof, and subsequent Committees at subsequent AGM,s likewise, subject to sub-clause (e) hereof.
    3. In addition to the members so elected and to those serving in accordance with clause 6 (six) (b) hereof the Chair of any Sub Groups in accordance with clause 10 (ten) shall be ex-officio members of the Committee.
    4. In addition a member of the Committee who has been expelled by a majority decision shall not be deemed eligible to stand again for membership of the Committee in any future capacity.
    5. In addition the Committee shall have the power to co-opt persons whether or not being members of the Charity to serve on the Committee and subject as hereinafter provided for such period as the Committee shall determine provided that the number of such co-opted members shall not exceed , (one-fourth) of the total number of elected members serving on the Committee at any one time.
    6. Election, (as opposed to co-option) to the Committee shall be for 1 (one) year. 1/3 (one-third) of the elected members of the Committee shall retire annually but, subject to sub-clause (i) of this clause, shall be eligible for re-election, but not reckoning ex-officio or co-opted members. In a case of 2 (two) or more members who have been in office the same length of time, those due to retire shall be chosen by lot.
    7. The Committee shall meet at ordinary meetings every month, or as felt necessary. Each representative to be notified not less than 7 (seven) days prior.
    8. Every member of the Committee shall have one vote subject to sub-clause (i) hereof.
    9. Any casual vacancy on the Committee may be filled up by the Committee and any person appointed to fill such a casual vacancy shall hold office until the conclusion of the next Annual General Meeting of the Charity and shall be eligible for election at that meeting provided that the period before any such election shall not be taken into account when calculating a member's term.
    10. The proceedings of the Committee shall not be invalidated by any inability to appoint or any defect in the appointment, election, co-option or qualification of any members thereof, (subject to presence of a quorum of members given in sub clause 11 (eleven) (f) and (g) hereof elected in accordance with the Constitution).
    11. The Committee shall appoint such staff as shall in its opinion be necessary and shall determine his, her or their remuneration, duties and conditions of service.
  • Determination of Membership of Management Committee
    A member of the Management Committee shall cease to hold office if he or she:
    1. is disqualified from acting as a member of the Management Committee by virtue of section 72 of the Charities Act 1993 ( or any statutory re-enactment or modification of the provision);
    2. become incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;
    3. is absent without explanation of the Management Committee from all their meetings held within a period of 6 (six) months and the Management Committee resolve that his or her office be vacated; or
    4. notifies to the Management Committee a wish to resign (but only if at least 4 (four) members of the Management Committee will remain in office when the notice of resignation is to take effect).

  • Management Committee members not to be personally interested
    1. (Subject to the provision of sub-clause (ii) of this clause) no member of the Management Committee shall acquire any interest in property belonging to the Charity (otherwise than as a trustee for the Charity) or receive remuneration or be interested (otherwise than as a member of the Management Committee) in any contract entered into by the Management Committee.
    2. Any member of the Management Committee for the time being who is a solicitor, accountant or other person engaged in a profession may charge and be paid all the usual professional charges for business done by him or her or her firm when instructed by the other members of the Management Committee to act in a professional capacity on behalf of the Charity: Provided that at no time shall a majority of the members of the Management Committee shall withdraw from any meeting at which his or her own instruction or remuneration, or that of his or her firm, is under discussion).

  • Sub Groups
    1. Sub Groups may be formed for specific purposes as and when necessary. They may make recommendations to the whole Charity and all decisions must be ratified by the whole Charity.

  • Ordinary Meetings
    1. The Committee shall meet at ordinary meetings once every month, or as felt necessary.
    2. If a member of the officers fails to attend all ordinary meetings within a period of 6 (six) months without reasonable cause, it will be deemed that he/she has vacated his/her office, provided that a member faced with removal shall have the right to be heard by other members of the Committee before a vote is taken.
    3. The Chair shall act as Chair at meetings of the Committee. If the Chair is absent from any meeting the members of the Committee present shall choose the Vice Chair or failing that, one of their number to be Chair of the meeting before any other business is transacted.
    4. Every matter shall be determined by a majority of votes of the members of the Committee present and voting on the question but in the case of equality of votes the Chair of the meeting shall have a second or casting vote.
    5. The Committee shall keep minutes of the proceedings at meetings of the Committee and any sub groups. These shall be taken by the Secretary.
    6. A quorum will be ? (one-quarter) of the total Charity voting members, or such numbers as the Charity may from time to time determine..
    7. No business shall be transacted at any meeting of the Charity unless a Quorum of members are present.
  • Annual General Meeting and Election Procedure
    1. There shall be an Annual General Meeting of the Charity which will be held once a year, and no later than 15 (fifteen) months after the previous A.G.M.
    2. This should take the form of an open meeting whereby nomination forms and invitations are circulated and advertised throughout the district of Bolsover for the benefit of any persons interested in helping the group to attain its aims. 28 (twenty-eight) days notice of Annual General Meetings must be provided.
    3. Elections for Officers will be held at the Annual General Meeting
    4. Nomination applications are open to anyone who endorses the aims and objectives of the Charity, and resides in the District of Bolsover.
    5. Nominations for Officers positions will be submitted to the Secretary in writing no later than 14 (fourteen) days before the A.G.M.
    6. If more than 1 (one) nomination is received for any Officer position then Charity members present and eligible to vote will record their votes by ballot paper.
    7. All the members of the Charity shall be entitled to vote on officer nominations at the A.G.M.
    8. The Committee shall present for consideration and approval to each A.G.M. the Annual report and audited/ independently examined (as appropriate) accounts of the Charity for the preceding year.

  • Special General Meeting
    1. Any voting member of the Charity may call a Special General Meeting at any time. If no less than 2/3 (two-thirds) of the members request such a meeting and stating the business to be considered in writing, the Secretary shall call such a meeting. At least 21 (twenty-one) days notice must be given.
    2. The notice shall be in writing, must state the business to be discussed and should be sent by post addressed to each member at his or her last known address.

  • Accounts
    1. The funds of the Charity, including all donations, contributions and bequests, shall be paid into an account operated by the Management Committee in the name of the Charity at such bank as the Management Committee shall from time to time decide. All cheques drawn on the account must be signed by at least 2 (two) members of the Management Committee.
    2. The signatories to any account will be the treasurer, the secretary and two Charity members.
    3. The Management Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to:
      1. the keeping of accounting records for the Charity;
      2. the preparation of annual statements of account for the Charity
      3. the auditing or independent examination of the statements of account of the Charity; and the transmission of the statements of account of the Charity to the Commission
    4. Each financial year shall exist from 1st September to the 31st August.
    5. All monies raised by, or on behalf of the Charity shall be used to further the objectives of the Charity, and for no other purpose.
    6. Accounts of all monies received and spent will be monitored by the Treasurer.
    7. The Committee shall present for consideration and approval to each A.G.M. the Annual report and audited/ independently examined (as appropriate) accounts of the Charity for the preceding year.

  • Annual Report
    The Management Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Commission.
  • Annual Return
    The Management Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Commission.

  • Amendment of Constitution
    1. Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than 2/3 (two-thirds) of the members present and voting at a Special General Meeting or A.G.M. The notice of the Special General Meeting or A.G.M must include notice of the resolution, setting out the terms of the resolution proposed.
    2. No amendment may be made without prior consent in writing of the Commissioners.
    3. No amendment may be made which would have the effect of making the Charity cease to be a charity at law
    4. The Management Committee should promptly send to the Commission a copy of any amendment made under this clause.

  • Dissolution
    1. If the Charity by majority decides at anytime that on the grounds of expense or otherwise it is necessary or advisable to dissolve the Charity, it should call a meeting of all Charity members with not less than 21 (twenty-one) days notice, stating the terms of the resolution proposed. If such a decision shall be confirmed by a majority of those present and voting at such a meeting the Charity shall have the power to dispose of any assets held by or on behalf of the Charity. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of the Charity as the members of the Charity may determine or failing that shall be applied for some other charitable purpose with similar aims and objectives. No member of the Committee shall acquire any interest in property belonging to the Charity (otherwise than as a trustee for the Charity) or receive remuneration or be interested (otherwise than as a member of the Committee) in any contract entered into by the Committee.

    This constitution was adopted on 7th January 1999 by the persons attending the meeting

    D G B Bullock

    D G B Bullock
    Chairman
    Blackwell Parish Council


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