Constitution

Constitution

Adopted on the 25th day of September 2002

1.      Name
The name of the association is Hook School Parents Association (? the Charity ?) The Charity may use the working name (Hook Schools Parents Association) or the abbreviated working name (HSPA), or other such working name provided that such working name does not serve to mislead any member of the public.

2.      Administration
Subject to the matters set out below the Charity and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee, constituted by clause 7 of this constitution (? the Executive Committee ?)

3.      Objects
The Charities' object is:-

To advance the education of children attending Hook Junior School or Hook Infant School, Hook, Hampshire (Hook Schools) or the successors to these institutions.

4.      Powers
In furtherance of the objects but not otherwise the Executive Committee may exercise the following powers:

4.1.  Power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial trading activities and shall conform to any relevant requirements of the law;

4.2.  Power to buy, take on lease or exchange any property necessary for the achievement of the objects and to maintain and equip it for use;

4.3.  Power subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Charity;

4.4.  Power subject to any consents required by law to borrow money and to charge all or any part of the property of the Charity with repayment of moneys so borrowed;

4.5.  Power to cooperate with other charities, voluntary bodies and statutory authorities operating in furtherance of objects or of similar charitable purposes and to exchange information or advice with them;

4.6.  Power to establish or support any charitable trusts associations or institutions formed for all or any of the above objects;

4.7.  Power to appoint and constitute such advisory committees as the Executive Committee shall see fit;

4.8.  Power to promote social contact between parents of children attending Hook Schools and other Hook residents to reinforce the key role of the Hook Schools in the Hook village;

4.9.  Power to do such lawful things as are necessary for the achievements of the objects;

5.      Membership

5.1.  Membership of the Charity shall be open to any person being for the time being a parent or guardian of a child attending Hook Schools or the successors to these institutions.

5.2.  Every member shall have one vote.

5.3.  The Executive Committee may by unanimous vote and for good reason terminate the membership of any individual, provided that the individual concerned shall have the right to be heard by the Executive Committee, accompanied by a friend, before a final decision is made.

6.      Honorary Officers

At the Annual general meeting of the Charity the members shall elect from amongst themselves a Chairman who shall hold office from the conclusion of that meeting until the conclusion of the next annual general meeting.

(The duties of Chairman may be jointly carried by two persons who agree to accept the responsibilities of this office, and are voted in to the position jointly at a General meeting. If the responsibilities of Chairman are carried out by more than one person, a single person among them shall chair all meetings of the Association and its Executive Committee and have the powers of Chairman at such meetings).

7.      Executive Committee

7.1.  The Executive Committee shall consist of not less than nine and not more than thirteen members being:

The Chairman

Not less than eight and not more than twelve members elected at the annual general meeting who shall hold office from the conclusion of that meeting

7.2.  At the first meeting of the Executive Committee following the annual general meeting the members of the Executive shall appoint from among themselves a Secretary and a Treasurer for the Charity.

7.3.  The executive committee may, in addition, appoint not more than four co-opted members but so that no-one may be appointed as a co-opted member if, as a result, more than one third would be co-opted members. Each appointment of a co-opted member shall be made at a meeting of the Executive Committee and shall take effect from the end of that meeting.

7.4.  All the members of the Executive Committee shall retire form 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.

7.5.  The proceedings of the Executive 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.

7.6.  Nobody shall be appointed as a member of the Executive Committee who is aged under 18 or who would if appointed be disqualified under the provisions of the following clause.

7.7.  No person shall be entitled to act as a member of the Executive Committee whether on a first or on any subsequent entry into office until after signing in the minute book of the Executive Committee a declaration of acceptance and of willingness to act in the trusts of the Charity.

8.      Determination of Membership of Executive Committee

A member of the Executive Committee shall cease to hold office if he or she:

8.1.  is disqualified from acting as a member of the Executive Committee by virtue of section 72 of the Charities act 1993 or any statutory re-enactment or modification of that provision

8.2.  becomes incapable by reason of mental disorder, illness or injury of managing or administering his or her own affairs

8.3.  is absent, without the permission of the Executive Committee from all their meetings held within a period of four months.

8.4.  notifies the Executive Committee a wish to resign (but only if at least three members of the Executive Committee will remain in office after the notice of resignation will take effect)

 

9.      Executive Committee members not to be personally interested

No member of the Executive Committee shall (otherwise than as a trustee for the Charity) acquire any interest in property belonging to the Charity or receive remuneration or be interested in any contract entered into by the Executive Committee.

10. Meetings and proceedings of the Executive Committee

10.1.  The Executive Committee shall hold at least three meetings each year. A special meeting may be called at any time by the Chairman or by any two members of the Executive Committee upon not less than four days notice being given to the other members of the Executive Committee of the matters to be discussed but if the matters discussed include an appointment of a co-opted member then not less than 21 days? notice must be given.

10.2.  The chairman shall act as the chairman of meetings of the Executive Committee. If the Chairman is absent from any meeting the members of the Executive Committee there present shall elect a Chairman from among their number to be chairman before any other business is transacted.

10.3.  There shall be a quorum when at least one third of the members of the Executive Committee for the time being or three members whichever is greater are present at a meeting.

10.4.  Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the question but in the case of equality in the votes the chairman shall have a second or casting vote.

10.5.  The Executive Committee shall keep minutes in books kept for the purpose of the proceedings at meetings of the Executive Committee and any sub-committee.

10.6.  The Executive Committee may from time to time make and alter rules for the conduct of their business.

10.7.  The Executive Committee may appoint one or more sub-committees consisting of three or more of the Members of the Executive Committee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Executive Committee would be more conveniently undertaken by a sub-committee, provided that all acts and proceedings of such sub-committees shall be promptly reported to the Executive Committee.

10.8.  The Executive Committee shall invite Members of the Staff of Hook Schools to attend Executive Committee meetings on at least three occasions each year for the purpose of the coordination of those activities of the Charity carried out on the premises of the Schools.

10.9.  The Executive Committee shall require the Head Teachers of Hook Schools to provide, once in each financial year, a written statement of expenditure of any monies granted by the Charity to the Hook Schools. Such written statement shall be supported by copies of such relevant financial documents as are determined by the Executive Committee. In the event that no adequate accounting is provided to the Executive Committee, the Executive Committee shall request for the return of funds and shall not make any further grant of funds until such adequate accounting is made.

 

11. Receipts and expenditure

11.1.  The funds of the Charity including all donations contributions and bequests shall be paid into accounts operated by the Executive Committee in the name of the Charity at such banks as the Executive Committee shall from time to time decide. All cheques drawn on the accounts must be signed by at least two members of the Executive Committee.

11.2.  The funds belonging to the Charity shall be applied only in furthering the objects.

12. Property

12.1.  Subject to the provisions of sub clause 12.2 the Executive Committee shall cause title to

12.1.1.All land held by or in trust for the Charity which is not vested in the Official Custodian for Charities; and

12.1.2.All investments held on behalf of the Charity

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 Executive Committee at their pleasure and shall act in accordance with the lawful directions of the Executive Committee. Provided they act only in accordance with the lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.

12.2.  If a corporation entitled to act as a custodian trustee has not been appointed to hold the property of the Charity, the Executive Committee may permit any investments to be held in trust for the Charity to be held in the name of a clearing bank, trust corporation or any stock broking company which is a member of an International Stock Exchange (or any subsidiary of such stock broking company) as nominee for the Executive Committee and may pay such nominee a reasonable and proper remuneration for acting as such.

13. Accounts

The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to

13.1.  The keeping of accounting records for the Charity

13.2.  The preparation of annual statements of account for the Charity

13.3.  The auditing or independent examination of the statements of account for the Charity

13.4.  The transmission of the statements of account for the Charity to the Commission

14. Annual Report

The Executive 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 and transmission of an annual return and transmission of that return to the Commission.

15. Annual General Meeting

15.1.  There shall be an annual general meeting of the Charity which shall be held in the month of September each year or as soon as practicable thereafter.

15.2.  Every annual general meeting shall be called by the Executive Committee. The secretary shall give at least 21 days notice of the annual general meeting to all members of the Charity. All members of the Charity shall be entitled to attend and vote at the meeting.

15.3.  The Executive Committee shall present to each general meeting the report and accounts for the Charity for the preceding year.

15.4.  Nominations for election to the Executive Committee will be made by a proposal of the members at the annual general meeting. Should nominations exceed vacancies, elections shall be by ballot.

16. Special General Meetings

The Executive Committee may call a special general meeting at any time. If at lest ten 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.

17. Procedure at general meetings

17.1.  The secretary or other person specifically appointed by the Executive Committee shall keep a full record of proceedings at every general meeting of the Charity.

17.2.  There shall be a quorum when at least ten members of the Charity are present at any general meeting.

18. Notices

Any notice required to be served on any member of the Charity shall be in writing and shall be served by the secretary or the Executive Committee on any member either personally or distributed with parental mail to parents of children by the staff of Hook Schools in a manner in which those staff see fit, 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. Any letter so sent shall be deemed to have been delivered within ten days of transmission.

19. Alterations to the Constitution

19.1.  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.

19.2.  No amendment may be made to clause 1 (the name of the Charity clause), clause 3 (the objects Clause), clause 9 (the Executive Committee members not to be personally interested clause), clause 20 (the Dissolution clause) or this clause without the prior consent in writing of the Commissioners.

19.3.  No amendment may be made which would have the effect of making the Charity cease to be a charity at law

19.4.  The Executive Committee should promptly send to the Commission a copy of any amendment made under this clause.

20. Dissolution

If the Executive Committee decides that it is necessary or advisable to dissolve the Charity it shall call a meeting of all members of the Charity of which not less than 21 days notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is conformed by a two-thirds majority of those present and voting the Executive Committee shall have the power to realise any assets held by or on behalf of the Charity. Any assets remaining after satisfaction of proper debts and liabilities shall be given or transferred to such other charitable institutions or institutions having objects similar to the objects of the Charity as the members of the Charity may determine or failing that shall be applied for some other charitable purpose. A copy of the statement of accounts, or account and statement, must be sent to the Commission.