Constitution Information
Existing Constitution
Date Sealed: No 6684L (amended 2014)
County – County of North Yorkshire Parish – Fairburn Foundation:- Fairburn Community Centre and Recreation Ground (Formally Fairburn Miners Welfare Recreation Ground and Institution)
Scheme, including appointment of Trustees
SCHEME MADE BY THE SECRETARY OF STATE FOR EDUCATION UNDER SECTION 18 OF THE CHARITIES ACT 1960
Foundation to which scheme relates:
1. This scheme relates to the foundation formally known as the “Miners Welfare Recreation Ground and Institute” (hereafter referred to as the “foundation”, in the administrative County of North Yorkshire (formally in the county of West Riding of Yorkshire) – comprised in two Conveyances dated 28th October 1927 and regulated by a Trust Deed 1st June 1927 (hereinafter referred to as “the Trust Deed”).
Administration and Title of Foundation
2. The foundation and its endowment, including the particulars specified in the Schedule to this Scheme, shall be administered in conformity with the provisions of this Scheme under the title of the “Fairburn Community Centre and Recreation Ground” (formally Fairburn Recreation Centre) by the Committee of Management hereinafter constituted as the charity trustees thereof:
Provided that until the end of the first Annual General Meeting to be held as hereinafter provided after this Scheme has been sealed, the Foundation shall be administered in accordance with the provision of this Scheme, by the Management Committee constituted by the Trust Deed and acting in relation to the Foundation at the date of this scheme.
Appointment of Custodian Trustees and Vesting:
3. (1) The Fairburn Parish Council (hereinafter called “the Council”) is hereby appointed to be custodian trustee of the Foundation and the provisions of Section 4(2) of the Public Trustees Act 1906 shall apply to the Council and to the Committee of Management herein after constituted respectively in like manner as they apply to the Public Trustee and Managing Trustees.
. (2) The property specified in the Schedule to this Scheme, and all other land and hereditaments belonging to or held in trust for the Foundation, is hereby vested in the Council for all the estate or interest of the Foundation therein.
Trust Purpose.
4. The object of the Foundation shall be the provision and maintenance of the Recreation Ground, Playing Fields, playground and Community Centre for the benefit of the inhabitants of the Parish of Fairburn and the immediate neighbourhood thereof (hereinafter called the area of benefit) without distinction of sex or of political, religious or other opinions, and in particular, the provision of physical exercise and training, meetings lectures, classes and such other form of recreation and leisure time occupation having the object of improving the conditions of life for the said inhabitants as the Committee of management hereinafter constituted shall think fit.
Committee of Management
5. (1) The Committee of Management hereinafter called the “the Committee” shall, when complete, and except as in this Scheme provided consist, whenever possible, of 12 members, that is to say:-
FIVE Elected Members, to be appointed (except in the case of such members appointed to fill casual vacancies) at the Annual General Meeting to be held hereinafter provided; Chair, Treasurer, Secretary, Centre Manager and Vice Chair.
SEVEN Representative Members, either appointed by or representing each of the following organisations-
The Council Fairburn “Third Generation” Fairburn Primary School Fairburn Cricket Club Fairburn Football Club Local Trade and Commerce Local religious body or “One Other”
An “Elected Member” may also represent any of the above organisations.
Not more than THREE co-optative members to be appointed by the Committee if they think fit at a duly constituted meeting.
(2) The constitution of the Committee as in this cause before provided may, on the application of the Committee, be altered from time to time by Order of the Secretary of State for Education.
(3) If appointed, the name of each representative member shall be notified to the Secretary of the Committee by the organisation by which he/she is appointed.
(4) A person who has previously been a member of the committee may be reappointed
Additional Representative Members
6. The Committee may by a resolution passed at duly constituted meeting by the votes of not less than two-thirds of the Members for the time being, allow any organisation operating in the area of benefit which is not empowered to appoint a representative member by or under clause 5 of this Scheme to appoint such a member and for this purpose the total number of members of the Committee may be increased accordingly.
Commencement of Membership
7. The period of office of a Member of the Committee shall commence -:
(a) in the case of an Elected Member (other that such a Member appointed to fill a casual vacancy) at the end of the Annual General Meeting at which he/she is appointed.
(b) In the case of a Representative Member appointed within one month before the Annual General Meeting, at the end of the Annual General Meeting next after his appointment ; and in the case of any other Representatives Member, on the day on which notification of his appointment is received by the Secretary of the Committee from the organisation appointing him, and
(c) in the case of a Co-optative Member at the end of the meeting at which he is appointed.
Determination of Membership.
8 (1) Any member of the committee who is adjudicated a bankrupt or who makes a composition or arrangement with his creditors, or 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 Members of the Committee shall cease to hold office at the end of the Annual General Meeting next after the date on which they came into office.
Casual Vacancies
9 (1) Upon the occurrence of a casual vacancy the Committee shall cause a note thereof to be entered into their minute book at their next meeting and such a vacancy in the office of Representative Member shall be notified as soon as possible to the proper appointing organisation.
(2) A casual vacancy in the office of Elected Members may be filled by the committee and the period of office of a Member appointed to fill such a vacancy shall commence at the end of the meeting at which he/she is appointed.
Failure to Appoint
10 The proceedings of the committee shall not be invalidated by any vacancy among its Members of by any failure to appoint or any defect in the appointment or qualification of any Member.
Declaration of Members
11 No person shall be entitled to act as a Member of the committee, whether on a first or any subsequent entry into office, until after the 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.
12) Except in special circumstances with the approval in writing of the Secretary of State for Education and Science no Member of the committee shall take or hold any interest in any property belonging to the foundation, otherwise than as a trustee for the purpose thereof, or receive any remuneration, or be interested in the supply of works or goods, at the cost of the Foundation.
Meetings of Committee.
13) 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
14) (1) The committee, at first meeting of each year after the Annual General Meeting (AGM) shall elect one of their number to be Chair of their meetings until the commencement of the first meeting after the AGM in the following year, and may also elect one of their number to be Vice-Chair. The Chair and Vice-Chair, if any, shall always be eligible for re-election.
(2) If the Chair and the Vice-Chair, if any, are absent from any meeting, the Members present shall, before any other business is transacted, chose one of their number to preside at the meeting.
Voting.
15) Every matter shall (except as in this scheme provided) be determined by the majority of the Members of the committee present and voting on the question and in case of equality of votes the Chair of the meeting shall have a second or casting vote.
Annual General Meeting
16) (1) There shall be an Annual General Meeting (AGM) in connection with the Foundation, which shall be held in the month of May in each year or as soon as practicable thereafter.
(2) All inhabitants of the area of benefit of eighteen years of age and upward shall be entitled to attend and vote at the AGM.
(3) The first AGM after this scheme has been sealed shall be convened by the Management Committee constituted by the Trust Deed and acting in relation to the Foundation at the date of this Scheme and every subsequent AGM shall be convened by the Committee.
(4) Public Notice of every AGM shall be given in the area of benefit at least seven day before the date thereof.
(5) The persons who are present at the first AGM after this scheme has been sealed shall, before any other business is transacted, appoint a Chair of the meeting. The Chair of subsequent AGMs shall be the Chair for the time being of the Committee, but, if he is not present the persons present shall before any other business is transacted, appoint a Chair of the meeting.
(6) The committee shall present to each AGM the report and accounts of the Foundation for the preceding year.
Application of income
17) After payment of any expenses of administration, the net income of the Foundation, whether arising from the use of the property of the Foundation by other bodies or persons or otherwise, shall be applied by the Committee in one or other or both of the following ways:- a) in the maintenance repair and insurance of the said property and any buildings thereon and the payment of rates, taxes, salaries of paid officers and servants and other outgoings in connection therewith;
b) in otherwise furthering the object of the Foundation.
Surplus Cash
18) Any sum of cash at any time belonging to the Foundation and not needed as a balance for working purposes shall be invested unless the Secretary of State for Education and Science otherwise directs.
Power to make Rules
19) Within the limits prescribed by this Scheme the Committee may from time to time make and alter rules for the conduct of their business and for the summoning and conduct of their meetings, the deposit of money at a proper bank, the custody of documents and in particular with reference to :-
a) the terms and conditions on which the property of the Foundation may be used for the purposes specified in this Scheme by persons of bodies other than the Committee and the sum if any to be paid for such use;
b) the appointment as secretary (to hold office at their pleasure) of one of themselves without salary or some other fit person at such salary, if any, as the Committee may from time to time determine;
c) the appointment of an auditor, treasurer and such other unpaid officers as the Committee may consider necessary and the fixing of their respective terms of office;
d) the engagement and dismissal of such paid officers and servants as the Committee may consider necessary; and
e) the number of Members, being not less than one-third of the total number of Members for the time being, who shall form a quorum at a meeting of the Committee.
Power to Charge or Sell Property and apply Proceeds. 20) (1) The Committee shall have power, with the consent of the Secretary of State for Education and Science, from time to time by mortgage of otherwise to obtain such advances on the security of the property of the Foundation or any part thereof as may be required for maintaining extending or improving the same or any part thereof or for erecting any building thereon or for the work carried on therein or for the provision of additional equipment therefor and may continue to repay in whole or in part from time to time any existing mortgage or charge on the said property.
(2) If at any time the Council and the Committee shall be of the opinion that the continued maintenance of the Recreation Ground, Playing Fields, playground and Community Centre is no longer of benefit to the said inhabitants or that the property of the Foundation or any part thereof is no longer suitable for the carrying out thereon of the trust purposes or any of them, or that it is in the interests of the said inhabitants that the said property or any part thereof should be sold , then the Committee shall have power with the consent of the Secretary of State for Education and Science to sell the said property or such parts as aforesaid, and the Council shall concur in such sale and perform all acts necessary to enable the same to be carried out.
Provided always that no application shall be made to the Secretary of State for Education and Science for his consent to a mortgage or sale of any part of the trust property unless the Yorkshire Welfare Committee of the Coal Industry Social Welfare Organisation shall have certified in writing that the proposed mortgage or sale is recommended by the said Welfare Committee.
(3) On any such sale as aforesaid the Council shall stand proceeds of sale upon trust in the first place to pay and discharge all the costs and expenses of the incidental thereto, and then to discharge all the liabilities and obligations of the Council or the Committee in connection with the Foundation and subject thereto shall stand possessed of the balance thereof and the remainder of the trust property (if any) upon such charitable trusts for the benefit of the inhabitants of the area of benefit as the Committee aforesaid and the Secretary of State for Education and Science may approve.
Minutes and Accounts.
21) A minute book and accounts shall be provided and kept by the Committee.
Donations
22) The Committee may accept any donations or property for the general purpose of the Foundation and they may also accept donations or property for any special objects connected with the Foundation not inconsistent with the provisions of this Scheme.
Questions under Scheme
23) If any question arises as to the construction of this Scheme, or as to the regularity or the validity of any acts done or about to be done under this Scheme, or shall be determined by the Secretary of State for Education and Science, upon such application made to him for the purpose as he thinks sufficient , and such determination shall be binding on the Council, the Committee and all persons claiming under the Foundation.
Interpretation
24) The Interpretation Act of 1889 shall apply for the interpretation of this Scheme as it applies for the interpretation of the Act of Parliament.
Signed:
On behalf of “The Council”
Signature
Position
On behalf of the “Trustees Management Committee”
Signature
Position
SCHEDULE OF PROPERTY
Description Extent Tenant or person liable
Yearly Income
Land situated between the Great North Road and Silver Street, in the Parish of Fairburn, in the Administrative County of North Yorkshire comprised in a conveyance dated 28th October 1927
3.036 acres or thereabouts
In hand
Nil
Land situated adjoining the land hereinbefore described, in the Parish of Fairburn aforesaid, comprised in a conveyance dated 28th October 1927
1.393 acres or thereabouts
In hand
Nil
This amended Scheme was made up to 1st May 2014
The Secretary of State for Education and Science orders that the foregoing Scheme be amended
Given under the official Seal of the Secretary of State for Education and Science on
___________________2014
Formerly L2668 7/70-15; 11/70-80; 3/71-80
