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A. Name
Aylesham Carnival Association or
(ACA)
The name of the organisation
shall be hereinafter called “the organisation” or “ACA”
B. Administration
Subject to the matters set out
below the organisation and its assets shall be administered and managed in
accordance with this constitution by the members of the management committee,
constituted by clause G of this constitution (“the Management Committee”).
C. Objectives & Aims
The organisation is
established to:-
Ø
Provide an annual
carnival for Aylesham and to distribute the revenue raised to charities in the
Aylesham area set up to provide for the well being of Dover District Residents.
Ø
Organise fair and
open competition for the selection of a Aylesham Carnival Court, consisting of a
Miss Aylesham, two Aylesham princesses, a Junior Miss Aylesham and two Junior
Aylesham Princesses. The court members are to reside in the village of Aylesham,
Adisham, Snowdown or Nonington. Should a court member move within her year of
office then the committee reserve the right to review the contract of the court
member.
Ø
Promote a positive
image of Aylesham for both residents and visitors while cultivating co-operation
with other carnivals and carnival associations.
Ø
Organise and
promote other such events as are deemed appropriate in order to further the
carnival and the carnival court.
Ø
Conduct all
carnival and carnival court business in a fair, open and democratic manner.
Ø
To organise and
host events for the local community and also encourage participation from all
residents, businesses and official bodies without differention because of age,
sex, politics, religious, gender, other opinions or abilities.
Ø
To make the events
enjoyable for all participants.
Ø
To involve all
members of the community in events in and out of the village, by making events
more accessible to those who find it hard to attend due to transport, or cost.
D. Powers
In furtherance of the said
objectives and aims but not otherwise the management committee may exercise the
following powers:-
Ø
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.
Ø
To buy, take on
lease or in exchange any property necessary for the achievement of the
objectives and to maintain and equip it for use.
Ø
Subject to any
consents required by law to sell, lease or dispose of all or any part of the
assets of the organisation.
Ø
Subject to any
consents required by law to borrow money and to charge all or any part of the
assets of the organisation with repayment of the money so borrowed.
Ø
To employ such
staff (who shall not be members of the management committee) as are necessary
for the proper pursuits of the objectives.
Ø
To co-operate with
other charities, voluntary bodies and statutory authorities operating in
furtherance of the objectives or of similar charitable purpose, and to exchange
information and advice with them.
Ø
To establish or
support any charitable trusts, associations or institutions formed for the
objectives.
Ø
To do all other
lawful things as are necessary for the achievement of the said objectives.
E. Membership
Ø
Membership of the
organisation shall be open to any person interested in furthering the work of
the organisation and who have paid any annual subscription laid down from time
to time by the management committee and voted for by the membership. Anyone
under the age of 18 will be a member of our junior committee.
Ø
Every member shall
have one vote.
Ø
The management
committee may unanimously 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.
F. Honorary Officers
At the annual general meeting of
the organisation the members shall elect from amongst themselves a Chairperson,
a Vice-Chairperson, a Secretary, a Treasurer and other such honorary officers as
the organisation may from time to time decide who shall hold office from the
conclusion of that meeting.
G. Management Committee
Ø
The management
committee shall consist of not less than two members not more than five members
being :-
o
The honorary
officers specified in the preceding clause.
o
Not less than two
and not more than eight members elected at the annual general meeting who shall
hold office from the conclusion of that meeting.
Ø
Subject to the
provision of sub-clause (4) of this clause, the management committee may in
addition appoint not more than four co-opted members. Any such member shall have
full voting rights. In the event of an emergency decision being needed, then two
of the management committee AND two of the remaining committee members must be
in agreement for the emergency decision to be made.
Ø
Subject to the
provisions of sub-clause (4) of this clause, if casual vacancies occur among the
elected members of the management committee it shall have the power to fill
these from among the members of the organisation.
Ø
No-one may be
appointed as a co-opted member in accordance with sub-clauses (2) and (3) of
this clause if, as a result, more than one third of the members of the
management committee would be co-opted members.
Ø
Each appointment of
a co-opted member shall be made at a special meeting of the management committee
called under clause (J) and shall take effect from the end of that meeting
unless the appointment is to fill a place which has not been vacated in which
case the appointment shall run from the date when the post becomes vacant.
Ø
All members of the
management 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.
Ø
The proceedings of
the management 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.
Ø
Nobody shall be
appointed as a member of the management committee who is aged under 16 or who
would if appointed be disqualified under the provisions of the following clause.
Ø
No person shall be
entitled to act as a member of the management committee whether on a first or on
any subsequent entry into office until after signing in the minute book of the
management committee a declaration of acceptance and of willingness to act in
the trusts of the organisation.
Ø
The Chairman has
the authority to make payments for items without the approval of the full
committee if the value is under £ 100 if the value of the purchase is over this
amount then a call is to be made to at least 2 other Management committee
members for approval and agreement.
H. Determination of Membership of
Management Committee
A member of the management
committee shall cease to hold office if he or she :-
Ø
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 that
provision);
Ø
Becomes incapable
by reason of mental disorder, illness or injury of managing and administering
his or her own affairs;
Ø
Is absent without
the permission of the management committee from 3 consecutive meetings and the
management committee resolve that his or her office be vacated or;
Ø
Notifies to the
management committee a wish to resign (but only if at least 3 members of the
management committee will remain in office when the notice of resignation is to
take effect).
I. Management Committee Members
not to be Personally Interested
Ø
Subject to the
provisions of sub-clause (2) of this clause no member of the management
committee shall acquire any interest in property belonging to the organisation
(otherwise than as a trustee for the organisation) or receive remuneration or be
interested (otherwise than as a member of the management committee) in any
contract entered into by the management committee.
Ø
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 organisation; provided that at no time shall a majority of the members of
the management committee benefit under this provision and that a member of the
management committee shall withdraw from any meeting at which his or her own
instruction or remuneration, or that of his or her own firm, is under
discussion.
J. Meetings and Proceedings of
the Management Committee
Ø
The management
committee shall hold at least 3 ordinary meetings each year. A special meeting
may be called at any time by the chairperson or by 2 members of the management
committee not less than 4 working 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.
Ø
The chairperson
shall act as chairperson at meetings of the management committee. If the
chairperson is absent from any meeting the vice-chairperson shall act as
chairperson of the meeting. If both chairperson and vice-chairperson were absent
from any meeting, the members of the management committee present shall choose
one of their numbers to be chairperson of the meeting before any other business
is transacted.
Ø
There shall be a
quorum when at least one third of the number of members of the management
committee for the time being or five members of the management committee,
whichever is the greater, are present at the meeting.
Ø
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.
Ø
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.
Ø
The management
committee may from time to time make and alter rules for the conduct of their
business, the summoning and conducting of their meetings and the custody of
documents. No rule may be made which is inconsistent with this constitution.
Ø
The management
committee may appoint one or more sub-committees consisting of 3 or more members
of the management committee, and of any other individuals who are members of the
organisation, 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.
K. Receipts and Expenditure
Ø
The funds of the
organisation, including all donations, contributions and bequests, shall be paid
into an account operated by the management committee in the name of the
organisation 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 one of the
management committee and the elected treasurer.
Ø
The funds belonging
to the organisation shall be applied only in furthering the objectives and aims.
L. Property
Ø
Subject to the
provisions of the sub-clause (2) of this clause, the management committee shall
cause the title to :-
o
All land held by or
in trust for the organisation which is not vested in the Official Custodian for
Charities; and
o
All investments
held by or on behalf of the organisation;
Ø
To be vested either
in a corporation entitled to act as custodian trustee or in not less than 3
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. Providing
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.
Ø
If a corporation
entitled to act as custodian trustee has not been appointed to hold the property
of the organisation, the management committee may permit any investments held by
or in trust for the organisation to be held in the name of a clearing bank,
trust corporation or any stock-broking company which is a member of the
International Stock Exchange (or any subsidiary of any such stock-broking
company) as nominee for the management committee, and may pay such a nominee
reasonable and proper remuneration for acting as such.
M. Accounts
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:-
Ø
The keeping of
accounting records for the organisation.
Ø
The preparation of
annual statements of account for the organisation.
Ø
The auditing or
independent examination of the statements of account of the organisation.
Ø
The transmission of
the statements of account of the organisation to the commissioners.
Ø
The financial year
of ACA will run from 1st January through to 31st December
N. 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 report and its transmission to the commissioners.
O. Annual General Meeting
Ø
There shall be an
annual general meeting of the organisation, which shall be held in the month of
April in each year or as soon as practicable thereafter.
Ø
Every annual
general meeting shall be called by the management committee. The secretary shall
give at least 21 days notice of the annual general meeting to all the members of
the organisation. All members of the organisation will be entitled to attend
and vote at the meeting.
Ø
The management
committee will all present to each annual general meeting the report and
accounts of the organisation for the preceding year.
Ø
Nominations for
election to the management committee must be proposed and seconded by members of
the organisation and election will be by either ballot or from the floor on the
night. Any written nominations for election to the management committee must be
in the hands of the Secretary of the management committee at least 14 days
before the annual general meeting.
P. Special General Meetings
The management
committee may call a special general meeting of the organisation at any time.
If at least 4 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.
Q. Procedure at General Meetings
Ø
The Secretary or
other person specially appointed by the management committee shall keep a full
record of proceedings at every general meeting of the organisation.
Ø
There shall be a
quorum when at least one third of the numbers of members of the organisation for
the time being are present at any general meeting.
R. Notices
Any notice required to
be served on any member of the organisation shall be in writing and shall be
served by the Secretary or the management 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.
S. Alteration to the Constitution
Ø
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.
Ø
No amendment may be
made to clause A (the name of the organisation), clause C (objectives and aims),
clause I (management committee members not to be personally interested), clause
U (dissolution) or this clause without the prior consent in writing of the
commissioners.
Ø
No amendment may be
made which would have the effect of making the organisation cease to be a
charity at law.
Ø
The management
committee should promptly send the commissioners a copy of any amendment made
under this clause.
T. Dissolution
If the management
committee decides that it is necessary or advisable to dissolve the organisation
it shall call a meeting of all the members of the organisation, 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 management committee shall have the power to release any
assets held by or on behalf of the organisation. 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 objectives and aims
similar to the objectives and aims of the organisation as the members of the
organisation 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 organisation must be sent to
the commissioners.
U. 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 management committee were references to the persons whose
signatures appear at the bottom of this document.
V. Equal Opportunities
All members shall
abide by the terms of an equal opportunities policy which will be agreed upon at
the first annual general meeting and a copy of which will be signed by the
elected officers at that time and kept in the minutes book with this
constitution.
X. Health and Safety Policy
All meetings and
activities organised by the organisation will comply with the relevant Health
and Safety legislation and members selected by the organisation, no less than
two, will undertake such training or education as is deemed necessary by the
organisation to enable them to maintain a current understanding of such
legislation.
This constitution is subject to
review and confirmation at AGM
Y.
Child Protection Policy.
A
Child protection policy will be adhered to for any activities involving the
committee or court of the ACA.
Agreed at
the AGM on the ________________ day of March 2008
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