Constitution | Dilham Village Hall

DILHAM VILLAGE HALL AND PLAYING FIELD COMMITTEE CONSTITUTION

This constitution dated the day of 2006, supersedes the Conveyance Document (annexed hereto) dated the 21st day of April 1937 in which the land situated in the Parish of Dilham in the County of Norfolk was conveyed to the Dilham Parish Council as Custodian Trustees

PART1

l. ADOPTION OF THE CONSTITUTION.
The Committee and its property will be administered and managed in accordance with the provisions in Part I of this constitution -

2. THE NAME OF THE CHARITY.
The name of the Committee shall be the Dilham Village Hall and playing Field Committee (and in this document called The Charity)

3. THE OBJECTS.
(1) The property (which with the buildings erected thereon are called "the Trust premises") shall be held upon trust to permit the same to be used in perpetuity for the purpose of physical and mental recreation and social moral and intellectual development through the medium of recreations and entertainments or otherwise as may be found expedient for the benefit of the inhabitants of the Parish of Dilham in the County of Norfolk and its vicinity without distinction of sex or sexual orientation, age, disability, nationality, race or political, religious opinions or other opinions subject to the provisions of these presents, including the use of the property for meetings lectures and classes or other forms of education, recreation and leisure time occupation in the interests of social welfare and with the object of improving the conditions of life and enjoyment of the said inhabitants, together with playing field for the use of inhabitants.

PART2

4. MANAGEMENT OF THE CHARITY
(1) The general management and control of the Trust Premises and the arrangements for their use shall be vested at the Annual General Meeting each year. The organisations mentioned in the second column of the signatories of this document hereto shall each have the right to appoint one of the Members of the Committee on the occasion of each annual appointment of members. The persons whose names appear in the first column of the signatories hereto have been appointed by the organisations mentioned opposite their respective names in the second column of that and shall with the other persons whose names also appear in the first column of the signatories be the first Members of the Committee. In addition to the Members of the Committee appointed by the said organisations the Committee shall have power to co·opt not more than five Members to represent interests in the said Parish not represented by any organisations. Finally, two representative Members shall be appointed by Dilham Parish Council at their discretion to serve as additional members of the Committee. Should any user or organisation decline to appoint a member, then an additional member may be co-opted in their place.

(2) There shall be an Annual General Meeting to be convened by the Committee in the month
of April in each year (the first of such meetings to be held in the month of April 2007)** by one weeks notice to be affixed to some conspicuous part of the Trust Premises or other conspicuous place or places in the Parish of Dilham aforesaid for the purpose of receiving the report and accounts of the Committee and for accepting resignations of Members of the Committee and for the purpose of electing Members to serve on the Committee.

(3) All Members of the Committee shall retire annually at the Annual General Meeting. A vacancy (not being a casual vacancy) among the Members appointed by organisations may be filled by the organisation entitles to appoint at any time within one month before the Annual General Meeting at which the vacancy will occur and if not so filled be filled within one month after the Annual General Meeting by co-option.

(4) A casual vacancy arising from the death or resignation or removal of a Member of the Committee shall be filled by the organisation by which such Member shall have been appointed and the person appointed shall retire at the time when the vacating Member would have retired.

(5) In the event of any other organisation being formed in the said Parish with aims of a social recreational or educational character not inconsistent with those upon which the Trust Premises are held hereunder the Committee shall have power to allow such new organisation to use the Trust Premises or any part thereof and shall also have power by a resolution of the Committee passed at a Meeting at which not less the Two•thirds of all the Members of the Committee vote in favour of the resolution to allow such new organisation to appoint an additional Member of the Committee in the same manner as if such new organisation had been mentioned in the Second column of the Schedule hereto.

(6) If any organisation entitled to appoint a Member of the Committee ceases to exist or fails to make an appointment for one month after the Annual General Meeting in any year the Committee shall decide by a Two-thirds majority vote in what way (if at all) the vacancy shall be filled.

(7) The proceedings of the Committee shall not be invalidated by any vacancy among its Members or by any defects in appointment or qualification of any Member.

(8) The Committee may from time to time make and alter rules and regulations for the conduct of its business and for the summoning and conduct of its meetings in particular with reference to -
(a) The terms and conditions upon which the Trust Premises may by use for entertainment's meetings social gatherings and other purposes and the sum (if any) to be paid for such use.
(b) The appointment of an Auditor Treasurer and such other unpaid officers as it may consider necessary and the fixing of their respective terms of office.
(c) The engagement and dismissal of such paid officers and servants for the Trust Premises as it may consider necessary.
(d) The number of Members who shall form a quorum at its Meetings provided that the number of Members who shall form a quorum shall never by less that one-third of the total number of Members of the Committee.

(9) All payments in respect of the use of the Trust Premises and all donations for the benefit thereof shall be paid in to a Trust Account at Lloyds TSB Bank Plc. at North Walsham or at any such other bank as shall from time to time be substituted therefore by the Committee.

(10) The moneys standing to the credit of the said Account shall be applied as the committee shall decide in repairing and insuring the Trust Premises or the furniture and effects therein and in paying all rent (if any) rates taxes salaries of paid officers and servants and other outgoings and in providing furniture games books newspapers periodicals and other literature and means of recreation and otherwise for the upkeep and improvement of the Trust Premises.

(11) The Trustees shall maintain the buildings to as reasonable level, subject to fair wear and tear and also hold adequate Insurance cover to cover all risks to the said premises.

(12) The committee are authorised by the Custodian Trustees to carry out routine maintenance as necessary to maintain the premises in good order.

(13) The Committee may be authorised by the Custodian Trustees to carry out major
refurbishment, re-building or extension works as may be required from time to time-

(I4) Trustee benefits.
(1) No Trustee may be paid or receive any other benefit for being a Trustee.

(2) A Trustee may:
(a) sell goods, services or any interest in land to the Charity.
(b) be employed by or receive any remuneration from the Charity.

(3) The Trustees may purchase insurance against any liabilities that by virtue of any rule of law would otherwise attach to a trustee or other officer in respect of any negligence, default breach of duty or breach of trust of which he or she may be guilty in relation to the charity but excluding;
(a) fines;
(b) cost's of unsuccessfully defending criminal prosecutions for offences arising out of fraud, dishonesty or wilful or reckless misconduct of the Trustee or other officer;
(c) liabilities to the charity that result from conduct that the Trustees or other officer knew or ought to have known was not in the best interests of the Charity or in respect of which the person concerned did not care whether that the conduct was in the best interests of the Charity or not.

5. DISSOLUTION.
(1) If the members resolve to dissolve the Charity, the Trustees win remain in office as charity trustees and be responsible for winding up the affairs of the Charity in accordance with this clause.

(2) The Trustees must collect in all the assets of the charity and must pay or make provision for all the liabilities of the charity.

(3) The trustees must apply any remaining property or money:

(a) directly for the objects;

(b) by transfer to any charity, or charities for purposes the same as or similar to the charity;
(c) in such a manner as the Charity Commissioners for England and Wales ("the Commission") may approve in writing in advance.

(4) The members may pass a resolution before or at the same time as the resolution to dissolve the Charity specifying the manner in which the Trustees are to apply the remaining property or assets of the Charity and the Trustees must comply with the resolution if it is consistent with paragraphs (a) - (c) inclusive in sub clause (3) above.

(5) In no circumstances shall the net assets of the Charity be paid to or distributed among the members of the Charity (except to a member that is itself a Charity).

(6) The Trustees must notify the Commission promptly that the Charity bas been dissolved. If the Trustees are obliged to send the Charity's accounts to the Commission for the accounting period which ended before its dissolution, they must send to the Commission the Charity's final accounts.