Constitution

Sealed 15th May 1984

County Warwickshire
District Stratford-on-Avon
Place Exhall
Charity Exhall Parish Room

Scheme including appointment of Trustees

CHARITY - COMMISSION

In the matter of the Charity known as the Exhall Parish Room, at Exhall, in the District of Stratford-on-Avon, in the County of Warwickshire, regulated by a declaration of trust dated the I4th February 1933; 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:

SCHEME

Administration of Charity

The above-mentioned Charity and the property thereof specified in the schedule hereto and all other property (if any) of the Charity shall be administered and managed under the title of Exhall Village Hall in conformity with the provisions of the above-mentioned declaration of trust dated the 14th February 1933 as varied or affected by the provisions of this Scheme.

TRUSTEES

Trustees and vesting

1. The Parish Council of Exhall shall be the Custodian Trustee of the Charity.
2. The land with the building thereon specified in the said schedule is hereby vested in the said council for all the estate and interest therein belonging to or held in trust for the Charity.
3. Until the end of the first annual general meeting to be held as hereinafter provided after the date of this Scheme the existing governing body of the Charity shall be the Managing Trustees of the Charity as the charity trustees 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.

COMMITTEE OF MANAGEMENT

Constitution

Subject as hereinafter provided, the Committee of Management (hereinafter referred to as the Committee) shall consist when complete of eleven persons (hereinafter referred to as Members) being:

Elected Members

Subject as hereinafter provided for casual vacancies, the Elected Members shall be appointed at the annual general meeting to be held as hereinafter provided and shall hold office from end of the annual general meeting at which are appointed.

Representative Members

1. One Representative Member shall be appointed by each of the following organisations:
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.

Co-optative Members

The Committee may appoint if they think fit not more than four 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.

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.

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 Parish of Exhall not already named in this Scheme. Alteration of constitution of Committee The constitution of the committee as hereinbefore provided may on the application of the Committee be altered from time to time by Order of the Charity Commissioners.

Casual vacancies

1. 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 a 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 of that meeting.

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.

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 of willingness to act in the trusts of this Scheme.

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

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.

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.

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.

Minutes and accounts

A minute book and books of account shall be provided and kept by the Committee.

Rules

Within the limits prescribed by this Scheme the Committee may from time to time alter rules for the conduct of their business and for the summoning and conduct of their meetings and in particular with reference to:-
1. the terms and conditions upon which the said buildings may be used 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 fixing of the respective term 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 numbers of Members who shall form a quorum shall not be less than one-third of the total number of Members for the time being.

ANNUAL GENERAL MEETING

Annual general meeting

1. There shall be an annual general meeting in connection with the Charity which shall be held in the month of October in each year or as soon as practicable thereafter.
2. All inhabitants of the Parish of Exhall of 18 years of age and upward shall be entitled to attend and vote at the general meeting.
3. The first annual general meeting shall be convened by the existing governing body of the Charity and every subsequent annul general meeting shall be convened by The Committee.
4. Public notice of every annual general meeting shall be given in the said parish at least 14 days before the date thereof.
5. Before any other business is transacted at the first annual general meeting after the date of this Scheme, the persons present therat shall point a chairman of the meeting. The chairman of the 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.

GENERAL PROVISION

Questions Scheme

Any question as to the construction of this Scheme or as to the regularity or 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.

SCHEDULE

Leasehold land containing 666 square yards or thereabouts situate at Exhall, in the District of Stratford-on-Avon, in the County of Warwickshire, having a frontage on the east to the private road known as the Stoneyard of 60 feet or thereabouts being part of the land numbered 94 on the Ordnance Survey map (1923 edition) with the building thereon known as Exhall Parish Room held for the residue of the term of sixty years from the 25th March 1978 at the yearly rent of 50 pence created and reserved by a lease dated the 12th February 1979.
£528 cash on deposit account at the branch of Lloyds Bank plc at Alcester in the County of Warwickshire being accumulations of income.
Sealed by Order of the Commissioners this 15th day of May 1984.