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Adopted on the 29th day of  January 1998

1. Name.

 .

      The name of the Association is: Yeovil Visually Impaired Bowls Club

 ("the Charity")

2. 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 Executive Committee, constituted by clause 7 of

this constitution ('the Executive Committee").

3. Objects.

The Charity's objects (the objects") are ‘’For the relief of the visually

Handicapped by the provision of facilities for bowls so as to improve

the conditions of life of such persons’’

 

4.            Powers.

In furtherance of the objects but not otherwise the Executive

Committee may exercise the following powers:

(i)            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.

(ii)           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;

(iii)          power to establish or support any charitable trusts, associations

               or institutions formed for all or any of the objects;

(iv)          power to do all such other lawful things as are necessary for the

               achievement of the objects;

              

5.            Membership.

               (1)           Membership of the Charity shall be open to any person over the

                               age of 18 years interested in furthering the objects and who has

                               paid the annual subscription laid down from time to time by the

                               Executive Committee.

               (2)           Every member shall have one vote.

               (3)           The Executive 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 Executive Committee, accompanied by a friend, before a

                               final decision is made.

  6.          Honorary Officers.

               At the annual general meeting of the Charity the members shall elect

               from amongst themselves a chairman, a secretary and a treasurer,

               who shall hold office from the conclusion of that meeting.

7.            Executive Committee.

               (1)           The Executive Committee shall consist of not less than 4

                               members nor more than 6 members being:

                               (a)           the honorary officers specified in the preceding clause;

                               (b)          not less than  2  and not more than 3  members elected

                                              at the annual general meeting who shall hold office from

                                              the conclusion of that meeting;

                               (c)           nominated members appointed as follows:

               .....................................................................

               .....................................................................

              

(2)           The Executive Committee may in addition appoint not more than

               2 Co-opted members but so that no-one may be appointed as a

               co-opted member if, as a result, more than one third of the

               members of the Executive Committee would be co-opted

               members. Each appointment of a co-opted member shall be

               made at a special meeting of the Executive Committee called

               under clause 17 and shall take effect from the end of that

               meeting unless the appointment is to fill a place which has not

               then been vacated in which case the appointment shall run from

               the date when the post becomes vacant.

               (3)           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.

               (4)           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.

               (5)           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.

               (6)           No person shall be entitled to act as a member of the Executive

                               Committee whether on a first or on 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 Charity.

8.            Determination of Membership of Executive Committee.

               A member of the Executive Committee shall cease to hold office if he

               or she:

               (1)           is disqualified from acting as a member of the Executive

                               Committee by virtue of section 45 of the Charities Act 1992 (or

                               any statutory re-enactment or modification of that provision);

               (2)           becomes incapable by reason of mental disorder, illness or

                               injury of managing and administering his or her own affairs;

               (3)           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

               (4)           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.

               (1)           No member of the Executive 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 Executive Committee) in

                               any contract entered into by the Executive Committee.

10.          Meetings and proceedings of the Executive Committee.

               (1)           The Executive Committee shall hold at least two ordinary

                               meetings each year. A special meeting may be called at any

                               time by the chairman, or by any two members of the Executive

                               Committee upon not less than 4 days' notice being given to the

                               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.

               (2)           The chairman shall act as chairman at meetings of the

                               Executive Committee. If the chairman is absent from any

                               meeting, the members of the Executive Committee present shall

                               choose one of their number to be chairman of the meeting

                               before any other business is transacted.

               (3)           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 a meeting.

               (4)           Every matter shall be determined by a majority of votes of the

                               members of the Executive Committee 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.

               (5)           The Executive Committee shall keep minutes, in books kept for

                               the purpose, of the proceedings at meetings of the Executive

                               Committee and any sub-committee.

               (6)           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.

               (7)           The Executive Committee may appoint one or more

                               sub-committees consisting of three or more members of the

                               Executive Committee for the purpose of making any inquiry or

                               supevising or performing any function or duty which in the

                               opinion of the Executive Committee would be more conveniently

                               undertaken or carried out by a sub-committee: provided that all

                               acts and proceedings of any such sub-committees shall be fully

                               and promptly reported to the ExecutiveCommitte.

11.          Receipts and expenditure.

               (1)           The funds of the Charity, including all donations contributions

                               and bequests, shall be paid into an account operated by the

                               Executive Committee in the name of the Charity 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.

               (2)           The funds belonging to the Charity shall be applied only in

                               furthering the objects

 

 

12.          Property.

               (1)           Subject to the provisions of sub-clause (2) of this clause, the

                               Executive Committee shall cause the title to:

                               (a)           all land held by or in trust for the charity which is not

                                              vested in the Official Custodian for Charities; and

                                (b)         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. Provided they act only 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.

               (2)           If a corporation entitled to act as custodian trustee has not been

                               appointed to hold the property of the charity, the Executive

                               Committee may permit any investments held by or in trust for

                               the charity 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.          Accounts.

               The Executive Committee shall comply with their obligations under the

               Charities Act 1992 (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

               (4)           the transmission of the statement of account of the Charity to

                               the Commissioners.

14.          Annual Report.

               The Executive Committee shall comply with their obligations under the

               Charities Act 1992 (or any statutory re-enactment or modification of

               that Act) with regard to the preparation of an annual report and its

               transmission to the Commissioners.

15.          Annual Return.

               The Executive Committee shall comply with their obligations under the

               Charities Act 1992 (or any statutory re-inactment or modification of that

               Act) with regard to the preparation of an annual return and its

               transmission to the Commissioners.

16.          Annual General Meeting.

               (1)           There shall be an annual general meeting of the Charity which

                               shall be held in the month of  OCTOBER in each year or as

                               soon as practicable thereafter.

               (2)           Every annual general meeting shall be called by the Executive

                               Committee. The secretary shall give at least 21 days' notice of

                               the annual general meeting to all the members of the Charity. All

                               the members of the Charity shall be entitled to attend and vote

                               at the meeting.

               (3)           Before any other business is transacted at the first annual

                               general meeting the persons present shall appoint a chairman of

                               the meeting. The chairman shall be the chairman of subsequent

                               general meetings, but if he or she is not present, before any

                               other business is transacted, the persons present shall appoint a

                               chairman of the meeting.

               (4)           The Executive Committee shall present to each annual general

                               meeting the report and accounts of the Charity for the preceding

                               year.

               (5)           Nominations for election to the Executive Committee must be

                               made by members of the Charity in writing and must be in the

                               hands of the secretary of the Executive Committee at least 14

                               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

               Charity 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.          Procedure at General Meetings.

               (1)           The secretary or other person specially appointed by the

                               Executive Committee shall keep a full record of proceedings at

                               every general meeting of the Charity.

               (2)           There shall be a quorum when at least one tenth of the number

                               of members of the Charity for the time being or ten members of

                               the Charity, whichever is the greater, 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 or 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.          Alterations to the Constitution.

               (1)           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.

               (2)           No amendment may be made to clause 1 (the name of charity

                               clause), clause 3. (the objects clause), clause 9. (Executive

                               Committee members not to be personally interested clause),

                               clause 21 (the dissolution clause) or this clause without the 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 Executive Committee should promptly send to the

                               Commissioners a copy of any amendment made under this

                               clause.

21.          Dissolution.

               If the Executive Committee decides that it is necessary or advisable to

               dissolve the Charity it shall call a meeting of all members of the

               Charity, 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 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. A copy of the

               statement of accounts, or account and statement, for the final

               accounting period of the Charity must be sent to the Commissioners

22.          Arrangements until first Annual General Meeting.

               Until the first annual general meeting takes place 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 by the

persons whose signatures appear at the bottom of this document.

Signed:                 C J Hamilton

                                B N Cheeseman

                                C C Stockford

                                M Rumming

                                D F Pressley

Yeovil Visually Impaired Bowls Club.

Constitution: Issue 3/1 – October 2000.

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