Our Mission Statement

Our Mission Statement

Last Updated (Sunday, 07 September 2008 20:57) Written by Administrator Thursday, 10 April 2008 09:54

MALPAS YOUNG PERSONS PROJECT CONSTITUTION

1. Name:

The Association will be known as the Malpas Young Persons Project (hereinafter called "the Charity.")

2. Objects:

The objects of the Charity are to:

a) Promote the benefit of the young persons of Malpas and the surrounding area within the County of Cheshire (hereinafter called "the Area of Benefit") without distinction of sex, sexual orientation, race or of political, religious or other opinions and to provide facilities in the interests of social welfare for their recreation and leisure time occupation so as to develop their physical, mental and spiritual capacities in order that they may grow to full maturity as individuals and members of society.

b) Establish or secure a youth centre (hereinafter call "the Centre") and to maintain and manage the same whether alone or in co-operation with any local authority or other person or body (in furtherance of these objects). The Charity shall be non-party in politics and non-sectarian in religion.

3. Powers:

In furtherance of the said objects but not otherwise the Charity shall have power to:-

a) Arrange and provide for, either alone or with others, all forms of recreation and any recreational and other leisure time activity for the benefit of the young persons of the area of benefit.

b) Purchase, take on lease or in exchange hire, or otherwise, lawfully acquire such land property or other rights and privileges as may be necessary to provide for the promotion of its objects and to construct, maintain or alter the Centre referred to in clause 2(b) and in particular, to acquire land on which the Centre shall be erected.

c) Appoint holding trustees for the purposes of sub-paragraph (b) above.

d) Make regulations for the proper supervision, control and management of any property which may be so acquired.

e) Raise funds and invite or receive donations or contributions whether by subscription or otherwise.

f) Receive money on deposit or loan or overdraft in such manner as the Charity, acting through its Management Committee may think fit, subject to such consents or on such conditions as may be required by law.

g) Acting through its Management Committee employ such person or persons as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the remuneration of such persons. (Subject to Clause 9 hereof.)

h) Insure and arrange insurance cover and to indemnify its employees and voluntary workers from and against all such risks incurred in the course of the performance of their duties as may be thought fit and generally to provide such insurance as may be required in compliance with Clause 3(k) hereof.

i) The trustees shall have power to provide indemnity insurance for themselves out of the income of the Charity provided that any such insurance shall not extend to any claim arising from any act or omission which the Trustees knew to be a breach of trust or breach of duty or which was committed by the Trustees in reckless disregard of whether it was a breach of trust or breach of duty or not.

j) Affiliate to the Cheshire and Wirral Federation of Youth Clubs and Youth Clubs UK or successor bodies.

k) Register with the Cheshire County Council Community and Youth Service and comply with the criteria and guidelines of the Cheshire County Council Community and Youth Service for the recognition and management of a voluntary youth group.

l) To seek, secure and maintain registration with the Charity Commissioners.

m) The Trustees shall have power to do all such other lawful things as are necessary for the achievement of the objects.

4. Membership

a) Membership of the Charity shall be open to any person over the age of 18 years interested in furthering the objects and who has paid the annual subscription laid down from time-to-time by the Management Committee.

b) Every member shall have one vote.

c) The Management 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 Management Committee accompanied by a friend before a final decision is made.

5. Membership of the Centre

a) Subject to the guidelines of the Cheshire County Council Community and Youth Service on recognition and management of voluntary youth groups membership shall be open irrespective of sex, sexual orientation, race, nationality or political religious or other opinion to such young persons between the ages of 8 years and 25 years who live within the area of benefit.

b) The Management Committee may by resolution at their meeting thereof terminate or suspend the membership of any member if in their opinion his/her conduct is prejudicial to the interests and objects of the Charity provided that the individual member shall have the right to be heard by the Management Committee before the final decision is made.

6. Members Committee

a) Such young persons as are defined in Clause 5 hereof shall form a committee consisting of a Chairman, Treasurer, Secretary and not more than 7 members (hereinafter called "the Members Committee").

b) The Members Committee shall have power subject to specific approval of the Management Committee to regulate the behaviour of such young persons that may be members of the Centre or at any premises the Charity may acquire in accordance with the powers in Clause 2(b) and 3(b) hereof and to organise such leisure time educational and cultural activities as may be in accordance with the Constitution.

7. Management Committee

a) The activities of the Charity shall be controlled by a Management Committee which shall consist of the following:-

i) Chairman, Vice Chairman, Secretary, Treasurer and five committee members elected annually at the General Meeting called in accordance with Clause 11 below.

ii) All the persons so elected shall be permanently resident within 5 miles of Malpas Cross and at least 3 of their number shall be over the age of 25 years.

iii) Up to four young people’s representatives will be encouraged to attend Management Committee Meetings, but by Charity Commission rules will not be eligible to vote unless they are over 18 and have been elected as members of the Management Committee at an AGM. Where possible the representatives will be drawn from the Malpas Young Persons Council and from the Centre Members Committee(s).

b) The Management Committee shall have power to co-opt not more than 4 additional persons.

c) Any member of the Management Committee who is also a paid employee of the Charity shall be excluded from discussion of any matters relating to his/her remuneration or conditions of employment and shall not be permitted to vote on such matters. (Subject to Clause 9 hereof.)

d) The Management Committee shall meet at least once every 3 months and 5 members will form a quorum. The Agenda is to be received by members at least 7 days in advance of the meeting.

e) The duties of the Management Committee shall be to devise methods of achieving the objects of the Charity and to exercise a general oversight of its activities and to see the Charity is conducted in accordance with the objects set out in Clause 2 hereof. It will seek to ensure good working relations with interested institutions including: Malpas Parish Council and other Local Authorities, Cheshire Fire Brigade and the statutory and voluntary services relating to Education, Youth and Community and Careers.

f) The Management Committee may delegate any of its powers to a sub-committee which shall conform to any regulations that may be imposed upon it by the Management Committee but any actions or proceeding of such sub-committees shall be fully reported to and endorsed by the Management Committee. Two members of the Management Committee, shall be appointed to any sub-committee, one of whom will act as Chair. Members of any sub-committee may be drawn from outside the Project membership, but the majority on any sub-committee must be Project Members.

g) Nominations for the election to the Management Committee, including nominations for the Charity's officers must be submitted in writing to the Chairman, for the time being, not less than 21 days before the Annual General Meeting.

8. Determination of Membership of Management Committee

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

a) 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 of modification of that provision);

b) becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;

c) is absent without the permission of the Management Committee from all their meetings held within a period of six months and the Management Committee resolve that his or her office be vacated; or

d) notifies to the Management Committee a wish to resign (but only if at least three members of the Management Committee will remain in office when the notice of resignation is to take effect).

9. Management Committee Members Not to be Personally Interested

a) (Subject to the provisions of Sub-clause b) of this Clause) no member of the Management Committee shall acquire any interest in property belonging to the Charity (otherwise than as a Trustee for the Charity) or receive remuneration or be interested (otherwise than as a member of the Management Committee) in any contract entered into by the Management Committee.

b) 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 his or her firm when instructed by the other members of the Management Committee to act in a professional capacity on behalf of the Charity: 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 firm, is under discussion.

10. Receipts and Expenditure

a) The funds of the Charity, including all donations, contributions and bequests shall be paid into an account operated by the Management Committee in the name of the Charity 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 two members of the Management Committee, one of whom, should be either the Chairman or the Treasurer and one other member of the Committee.

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

11. Annual General and Special General Meetings of the Project

a) Once in every calendar year an Annual General Meeting of the Charity shall be held at such time and place as the Management Committee shall determine being not more than 15 months from the adoption of this constitution and thereafter the holding of the preceding Annual General Meeting.

b) At least 21 days clear notice of such Annual General Meeting shall be posted in a conspicuous place or places in the area of benefit and/or advertised in a newspaper circulating in the area of benefit.

c) The Chairman of the Management Committee may at any time at his/her discretion and the Secretary shall within 21 days of receiving a written request so to do signed by not less that 3 members with power to vote at the Management Committee and giving reasons for the request, call a Special Meeting of the Charity and give at least 14 days clear notice thereof to be posted as provided in Clause b) hereof to consider the business specified on the notice of meeting and for no other purpose.

d) Persons entitled to vote at any Annual General or Special Meeting shall be those members of the Management Committee, Members of the Charity as defined in Clause 4 hereof and members of the Centre who are aged over 18 years.

e) Annual General Meetings and Special Meetings of the Charity will be open to members of the public to attend.

12. Procedure at General Meetings

a) The Secretary or other person specially appointed by the Management Committee shall keep a full record of proceedings at every general meeting of the Charity.

b) There shall be a quorum when at least one-tenth of the number of members of the Charity, for the time being, or ten members of the Charity, whichever is the greater, are present at any General Meeting.

13. 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 Management Committee on any member either personally or by sending it through the post in a pre-paid 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.

14. Property

a) Subject to the provisions of Sub-clause (b) of this Clause, the Management Committee shall cause the title to:

i) all land held by or in trust for the Charity which is not vested in the Official Custodian for Charities;

and

ii) all investments held by or on behalf of the Charity:

to be vested either in a corporation entitled to act as Custodian Trustees or in not less than three 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. Provided 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.

b) If a corporation entitled to act as Custodian Trustees has not been appointed to hold the property of the Charity, the Management Committee may permit any investments held by or in trust for the Charity to be held in the name of a clearing bank, trust corporation or any stockbroking company which is a member of the International Stock Exchange (or any subsidiary of any such stockbroking company) as nominee for the Management Committee and may pay such a nominee reasonable and proper remuneration for acting as such.

15. 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 :

a) the keeping of accounting records for the Charity;

b) the preparation of annual statements of account for the Charity;

c) the auditing or independent examination of the statements of account of the Charity; and

d) the transmission of the statements of account of the Charity to the Commission.

16. Annual Report

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 Commission.

17. 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 Return and its transmission to the Commission.

18. Constitution

This constitution shall only be altered by a resolution passed by at least a two-thirds majority of a Special or General Meeting called in accordance with the provisions of Clause 11(c) hereof provided always that no alteration shall be made to this Constitution which shall be at variance with the objects stated in Clause 2 hereof or which would cause the Charity to cease to be a charity at law lose its charitable status or lose its recognition as a voluntary youth group by the Cheshire County Council Community and Youth Service.

19. Winding Up

If, in any General or Special Meeting it shall be decided by a simple majority of those entitled to vote to wind up the Charity or the Centre, then a Special Meeting shall be called by giving not less than 21 days clear notice stating the terms of the resolution to be proposed thereat. This notice shall be posted in a conspicuous place or places in the Area of Benefit and/or advertised in a newspaper circulating in that area. Notice shall be given in writing also to the Charity Commissioners for England and Wales to Cheshire County Council Community and Youth Service, who shall be entitled to make representations at the meeting. If the decision to wind up is confirmed at the meeting by at least a two-thirds majority of those present and entitled to vote at such a meeting, the Management Committee shall have power to dispose of any assets held by, in trust for, or in the name of the Charity or the Centre. Any assets remaining after the satisfaction of any debts or liabilities shall be applied towards such charitable purposes for the benefit of young persons or inhabitants generally in the Area of Benefit as the Management Committee shall decide, subject to the prior approval of the Charity Commissioners for England and Wales, or such body that shall, from time-to-time have charitable jurisdiction.