CONSTITUTION ADOPTED 22 JULY 1991 as amended 18th April 2015
The Association shall be called The Beck Community Centre Association hereinafter referred to as 'the Association'.
2. AREA OF BENEFIT
The Area of Benefit of the Association is defined as that bounded by the Windermere railway line, Parkside Road, the Kendal Cycle Track, Burton Road and both sides of Oxenholme Road in the town of Kendal.
To advance education and to provide facilities in the interests of social welfare, recreation and leisure-time occupation without distinction of sex, race, politics, religion, disability or other opinion.
To maintain and manage the Community Centre or to co-operate with any local statutory authority or other body in the maintenance and management of the Centre for activities promoted by the Association in furtherance of the objects.
In furtherance of the objects the Management Committee may exercise the following powers, but only if they meet the objectives as defined at no. 3 above:
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 Association;
4. subject to any consents required by law to borrow money and to charge all or any part of the property of the Association 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 do all such other lawful things as are necessary for the achievement of the objects.
5. MEMBERSHIP OF THE ASSOCIATION
1. Membership of the Association shall be open to those who live in the area of benefit.
2. Every member shall have one vote.
3. The Management Committee may unanimously and for good reason terminate the membership of any individual or user group. The individual concerned or the appointed representative of the user group concerned shall have the right to be heard by the Management Committee, accompanied by a friend, before a final decision is made.
The control of policy and the management of all the affairs and business of the Association, including the collection and expenditure of monies shall be vested in the Management Committee.
Meetings of the Management Committee shall be held on a regular basis but at least four times during the year.
7. MEMBERSHIP OF THE MANAGEMENT COMMITTEE
1. The Management Committee shall consist of the Hon. Officers, specified in sub clause 2 below along with not less than three and not more than seven representatives from the general membership.
In the event of not being able to form a Management Committee from within the general membership then a maximum of three committee members may be elected from outside the Area of Benefit subject to full committee approval.
2. Honorary Officers shall consist of Chairperson, Secretary, Treasurer and any other such Officers as the Management Committee shall determine. The Honorary Officers and general members of the Management Committee shall be elected for a 3 year term, effective from the date of the Annual General Meeting. They shall be eligible for re-election at the end of their term (3 years) save that the Officers may not serve more than 3 consecutive terms and shall not be eligible for re-election to that position for a term (3 years). However, Officers may, at the end of their term of office, be elected to other positions on the Management Committee.
3. The Chairperson may only be elected from within the Management Committee.
4. The Committee shall have the power to co-opt to its membership for specific purposes. The number of such co-opted members shall not exceed one-third of the total membership of the Management Committee.
8. DETERMINATION OF MEMBERSHIP OF THE MANAGEMENT COMMITTEE
A member of the Management Committee shall cease to hold office if he or she:
1. is disqualified by virtue of section 72 of the Charities Act 1993 (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 notification to the Management Committee from all their meetings held within a period of six months and the Management Committee resolve that his or her office is vacated; or
4. notifies to the Management Committee of a wish to resign (but only if at least three members of the Management Committee will remain in office when the notice of resignation is to take effect).
9. MANAGEMENT COMMITTEE MEMBERS NOT TO BE PERSONALLY BENEFITTED
No member of the Management Committee shall acquire any interest in property belonging to the Association (otherwise than as a trustee for the Association) or receive remuneration or be interested (otherwise than as a member of the Management Committee) in any contract entered into by the Management Committee.
10. MEETINGS AND PROCEEDINGS OF THE MANAGEMENT COMMITTEE
1. The Management Committee shall meet at least once every three months. A special meeting may be called at any time by the chairperson or by any two members of the Management Committee upon not less than 4 days' notice being given to the other members of the Management 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 chairperson shall preside at meetings of the Management Committee. If the chairperson is absent from any meeting, the members of the Management Committee present shall choose one of their number to be chairperson of the meeting before any other business is transacted.
3. There shall be a quorum when at least three members of the Management Committee are present at a meeting.
4. Every matter shall be determined by a majority of votes of the members of the Management Committee present and voting on the question but in the case of equality of votes the chairperson of the meeting shall have a second or casting vote.
5. The Management Committee shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Management Committee and any sub-committee.
6. The Management 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 Management Committee may appoint one or more sub-committees consisting of three or more members of the Management Committee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Management Committee would be more conveniently undertaken or carried out by a sub-committee : provided that all acts and proceedings of any such sub-committee shall be fully and promptly reported to the Management Committee.
The Management Committee shall determine the rates to be charged to users and user groups for the hire of the Centre.
1. All monies raised on or behalf of the Association shall be applied only to further the objects of the Association.
2. Funds of the Association shall be deposited in a suitable bank or building society account held in the name of the Association.
3. The Hon. Treasurer shall have overall charge of the funds of the Association and shall keep its accounts. The Hon. Treasurer shall make payments from the Association’s funds for expenditure legitimately incurred on behalf of the Association. The Association’s cheques shall be signed by any two of three authorised signatories being members of the Management Committee nominated by the Committee.
4. The Hon. Treasurer shall present a quarterly interim financial report to the Management Committee. In the event of the Association being unable to meet its liabilities, the members of the Management Committee shall be personally indemnified from any claim on them in respect of any liability properly incurred by them on behalf of the Association in the normal course of business.
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 Association;
2. the preparation of annual statements of account for the Association;
3. the auditing or independent examination of the statements of account of the Association; and
4. the transmission of the statements of account of the Association to the Commission.
13. 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.
14. 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.
15. ANNUAL GENERAL MEETING
The Annual General Meeting of the Association shall be held in April of each year and shall be open to a representative of each user group and to members of the Association. At least 14 days’ notice shall be given for such meeting. The business of the meeting shall be:
1. to receive a report of the activities of the Association for the past year;
2. to receive the annual Balance Sheet and Statement of Accounts;
3. to elect the Honorary Officers and other members of the Management Committee as defined at 7 (points 2 and 3) ;
4. to appoint an auditor of the Association's accounts;
5. to deal with any matters which the Management Committee wishes to bring before the meeting;
6. to receive suggestions from those present at the meeting for consideration by the Management Committee.
A Quorum at the Annual General Meeting shall be 10 or one tenth of the total number of members present and voting whichever is greater.
16. SPECIAL GENERAL MEETING
A special General Meeting may be called at any time by the Management Committee or by the written request to the Management Committee by not less than twenty-one user-group representatives and/or members, provided that fourteen days’ notice of the meeting is given. The notice convening the meeting must specify the resolution to be brought to the meeting. A Quorum at a Special General Meeting shall be the same as that for the Annual General Meeting.
17. NOTICES OF MEETINGS
A notice advertising the Annual General Meeting or a Special General Meeting shall be displayed at the Centre no later than fourteen days before the date of the meeting. The failure to read such a notice or the non-receipt of a notice of any other meeting shall not invalidate any proceedings or resolutions made at any meeting of the Association or of any Committee thereof.
18. VOTING AT MEETINGS
Except for voting on an alteration to the Constitution, voting at General and Committee Meetings shall be determined by a simple majority of those present and voting. No person shall be entitled to more than one vote regardless of representing more than one interest. The Chairperson shall be entitled to exercise an additional casting vote in the event of an equal vote.
19. RECORDS OF MEETINGS
Written records shall be kept of all the Association's General, Management Committee and sub-Committee Meetings.
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 clause1, (name of charity), clause 3 (objects clause), clause 9 (Management Committee members not to be personally interested clause), clause 22 (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 Association 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.
21. PROPERTY OF THE ASSOCIATION
The Management Committee shall cause the title to:
1. all land held by or in trust for the Association which is not vested in the Official Custodian for Charities; and
2. all investments held by or on behalf of the Association;
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 Management Committee at their pleasure and shall act in accordance with the lawful directions of the Management Committee. Provided they act only in accordance with the lawful directions of the Management Committee, the holding trustees shall not be liable for the acts and defaults of its members.
22. DISSOLUTION OF THE ASSOCIATION
A motion to dissolve the Association may only be made at a Special General Meeting. The notice of such meeting is to be advertised and displayed at least twenty-one days before the meeting, stating the resolution to be proposed thereat. A motion to dissolve the Association must be carried by a majority of three-quarters of those present and voting.
If a motion to dissolve the Association is carried then the Association's funds and assets (if any) remaining after satisfaction of proper debts and liabilities shall be disposed of for such charitable purposes for the benefit of the residents in the Area of Benefit as the Management Committee shall decide.