THE CHARITY COMMISION FOR ENGLAND AND WALES
Under the powers given in the Charities Act 1993
Order that from today the
1st DECEMBER 2004
The following
SCHEME
will govern the charity
known as
RUSHMERE COMMONERS (274900)
in the parish of Rushmere Suffolk
Commissioners References:
Sealing no 182(s)04
Case No 31008
SCHEME
1 Definitions
In this scheme:
“the charity” means the charity identified at the beginning of the scheme.
The “former governing document” means a trust deed dated 11th May 1964.
“the area of benefit” means the ancient Parish of Rushmere.
“the inhabitants” means the inhabitants means the of the area of benefit.
the”trustees” means the charity trustees of the charity acting under this scheme and “trustee” means one of the trustees
ADMINISTRATION
2 Administration
1 The charity is to be administered by the trustees in accordance with this scheme This scheme replaces the former governing document of the charity.
2 The charity will be administered by the existing trustees of the charity until the end of the first annual general meeting held under this scheme. They must administer the charity in accordance with the provisions of this scheme.
Name of the charity
The name of the charity is Rushmere Commoners.
OBJECTS
Objects of the charity
1 The objects of the charity are:
(a) the provision and maintenance of Rushmere Common for the benefit of the inhabitants without distinction of political, religious or other opinions, with the object of improving the conditions of life for the inhabitants.
(b) Such other charitable purposes for the benefit of the inhabitants as the trustee see fit.
2 Subject to the provisions of clause 23 the land identified in the schedule to this scheme must be retained by the trustees for use for the objects of the charity.
POWERS OF THE TRUSTEES
5 Powers of the trustees
In addition to any other power which they may have, the trustees may exercise the following powers in furtherance of the objects of the charity.
(1)Power to acquire or hire property and maintain and equip it for use. (The property must be needed to further the objects of the charity.)
(2)Power to borrow money and to charge the property of the charity as security for any loan. ( The trustees must comply with the restrictions on mortgaging imposed by section38 of the charities act 1993)
(3)Power to insure against public liability and, if appropriate, employers liability
(4)Power to raise funds ( The trustees must not undertake any permanent trading activity)
(5)Power to delegate the performance of any act,including the exercise of any power or disctretion, to a committee consisting of any two or more of the trustees ( The trustees must exercise reasonable supervision over the committee and the committee must promptly report their acts and proceedings to the trustees )
(6)Power to co-operate with other charities, voluntary bodies and statutory authorities. The trustees may exchange information and advice with them
(7)Power to make rules and regulations consistant with this scheme for the management of the charity.
TRUSTEES
6 Elected Trustees
(1)There should be 9 elected trustees.
(2)The elected trustees must be inhabitants of 18 years and upward
(3)The elected trustees must be appointed at the annual general meeting
(4)The appointment will be effectivefrom the end of the annual general meeting
(5)At the end of each annual general meeting held under clause 20 of this scheme one third (or the number nearest to one third) of the elected trustees must retire by rotation from office but may be eligible for re-election. Unless otherwise agreed the trustees to retire must be those who have been longest in office since their last election. If persons have been in office for the same period those to retire must be selected by agreement or failing agreement by drawing a lot under conditions agreed in advance at a meeting of the trustees and minuted accordingly
7 Co-opted trustees
The elected trustees may appoint not more than 2 co-opted trustees. The appointment must be made at an ordinary meeting of the trustees. The appointment will be effective from the end of that meeting until the end of the following annual general meeting.
8 New trustees
The trustees must give each new trustee on their first appointment
(1)a copy of this scheme and any amendments made to it
(2)a copy of the charity's latest report and statement of accounts
9 Register of trustees
(1)The trustees must keep a register of the name and address of every trustee and the dates on which their terms of office begin and end.
(2)Before acting as a trustee, every trustee must (whether on their first appointment or on any later appointment) sign in the register a declaration of acceptance and willingness to act in the trusts of this scheme.
10 Trustees not to have a personal interest
Except with the prior written approval of the Commissioners, no managing trustee may
(1)receive any benefit in money or in kind from the charity; or
(2)have a financial interest in the supply of goods or services to the charity ;or
acquire or hold any interest in property of the charity(except in order to hold it as a trustee of the charity.)
11 Termination of trusteeship
A trustee will cease to be a trustee if he or she:
(1)is disqualified from acting as a trustee by section 72 of the Charities Act 1993 or
(2)is absent without permission of the trustees from all their meetings held within a period of 6 months and the trustee resolve that his or her office be vacated.
(3)gives not less than one months notice in writing of his or her intention to resign (but only if at least 5 trustees will remain in office when the notice of resignation is to take effect.) or
(4)ceases to be an inhabitant unless there are exceptional circumstances agreed by the trustees.
OFFICERS
12 Chairman and vice-chairman
(1)At their first ordinary meeting in each year the trustees must elect from their number;
(a) a chairman to be chairman of their meetings and
(b) a vice chairman
(2)the vice chairman will chair the meeting if the chairman is not present
(3)The trustees present at a meeting must elect one of their number to chair the meeting if the chairman or vice chairman is not present or the office of chairman or vice-chairman is vacant.
13 Clerk, treasurer, and heath warden
The trustees may appoint a clerk, treasurer and heath warden. Each office may be
held by;
(1) one of the trustees (who must not receive any reward for acting and who may be dismissed as clerk or treasurer or heath warden at any time) or;
(2)some other suitable person (who may be employed upon such reasonable terms, including terms as to notice as the trustees think fit)
MEETING OF THE TRUSTEES
14 Ordinary meetings
(1)The trustees must hold at least 4 ordinary meetings in each year
(2)Ordinary meetings require at least 10 days notice
(3)The chairman, or at least 2 trustees., may call an special meeting at any time
15 Special meetings
(1)the chairman or any 2 trustees may call a special meeting at any time
(2)Special meetings require at least 7 days notice except that meetings to consider the appointment of a co-opted trustee require at least 21 days notice.
(3)The notice calling a special meeting must include details of the business to be transacted at the meeting.
(4)A special meeting may be but need not, be held immediately before or after an ordinary meeting
16 Quorum
(1) Subject to sub-clause below, no business may be transacted at a meeting unless at least 5 trustees are present.
(2)If there are fewer than 5 trustees in office, the trustees may take such action as is required for the purpose of filling vacancies inits number , but may not do any other business.
17 Voting
(1)Every matter must be decided by majority decision of thetrustees present and voting at a duly convened meeting of the trustees.
(2)The chairman of the meeting may cast a second or casting vote if there is a tied vote
18 Recording of meetings
The trustees must keep a proper record of their meetings. The records must be retained by ;
(1)the clerk or
(2)another suitable person appointed by the trustees todo so, who must allow the trustees acces to them
19 Trustees to act jointly
The trustees must exercise their powers jointly at properly convened meetings
ANNUAL GENERAL MEETINGS
20 Annual and spesial general meetings
(1)There must be an annual general meeting of the charity inJune each year or as soon as possible therafter. The first annual general meeting after the date of this scheme must be called by the existing trustees within 12 months of that date. Every other meeting must be called by the trustees
(2)A special general meeting may be called by:
(a) The trustees;
(b) the clerk if at least 15 ihabitants of 18 years and upward request such meeting.
The notice of the meeting must state the business to be discussed
(3)All inhabitants of 18 years and upward must be allowed to attend and vote at the meeting
(4)Public notice of the meeting must be given in the area of benefit at least 21 days before the meeting.
(5)The chairman of the meeting willl be the chairman of the trustees. The vice- chairman of the trustees will chair the meeting if the chairman is not present. The persons present must elect one of their number to chair the meeting if neither or the vic-chairman are present.
(6)Every matter must be decided by majority decision of those present and voting. The Chairman of the meeting may cast a second or casting vote only if there is a tied vote.
(7)At the annual general meeting the trustees must present the report and accounts for last financial year. The existing trustees wil present the report and accounts to the first meeting.
(8)Nominations for election as trustees (which may only be made by inhabitants of 18 years and upward) must be given in writing to the clerk at least 14 days before theannual general meeting. Unless those present decide otherwise election must be by ballot of those present an entitled to vote if nominations exceed vacancies.
(9)A balot shallalso be required if either:
(a) the chairman of the meeting so directsor
(b) the trustees have so directed prior to the meetingor
(c)at least ten inhabitants present at the meetingso request befor e or immediately after a show of hands.
CHARITY PROPERTY
21 TRANSFER OF PROPERTY
The title to land described in this schedule to this scheme is vested vestedby this scheme in the official Custodian for Charities in trust for the charity.
22 USE OF INCOME AND CAPITAL
(1)The trustees must first apply:
(a) the charity's income and
(b) if the trustees think fit, its expendable endowment and
(c)when the expenditure can properly be charged to its permanent endowment
in meeting the proper costs of administering the charity and of managing its property(including the cost of any insurance required)
(2)After payment of these costs, the committee must apply the remaining income in furtherance of the objects of the charity
(3)The trustees may also apply for the objects of the charity:
(a) expendable endowment and
(b) permanent endowment but only on such terms for the replacement of the amount spent as the Commissioners may approve by orde in advance
23 Disposal of land
(1)Subject to the provisions of this clause the trustees may dispose of the land identified in this schedule (the trustees must comply with the restrictions on disposal .imposed by scetion36 of the Charities Act 1993 unless the disposal is excepted from these restrictions by section 36(9)(b) or(c) or section36(10)of the act.)
(2)The trustees may only dispose of the land if:
(a) The trustees decide that the land is no longer required for the clause 4(1) (a)of this scheme and:
(b) the decision to dispose of the land is confirmed by a resolution passed at a special general meeting of the inhabitants of the area of benefit of 18 years and upward. Atleast 21 days notice of the meeting setting out the terms of the resolution must be given.
(3)The trustees must invest the proceeds pf any such disposable in trust for the charity.
(4)The trustees may apply the income and expenditure endowment in furthering the objects of the charity.
AMENDMENT OF THE SCHEME
24 Amendment of the scheme
(1)Subject to the ptovisions of this clause , the provisions of this scheme may be amended.
(2)Any amendment must be made by a resolution passed at the annual general meeting. The notice of the meeting must include notice of the resolution, setting out the terms of the amendment proposed.
(3)The trustees must not make any amendment which would
(a) Vary this clause
(b)Vary clause 1 (Definitions)
(c)Vary clause 4(Objects)
(d) Vary clause 22 (Use of income and capital)
(e)Vary clause 23(Diposal of land)
(f) Confer a power to disolve the charity or
(g) Enable permanent endowment of the charityto be spent.
(4)The trustees must obtain the prior written approval of the Commissioners before making any amendment which would:
(a) Vary clause 10 (Trustees not to have a personal interest)
(b) Change the name of the charityor
© Vary the powers of investment exerciseable by the trustees
(5)The trustees must;
(a)Promptly send the Commissioners a copy of any amendment made under sub-clause (2) of this clause and
(b)Keep a copy of any shch amendment with this scheme
GENERAL PROVISIONS
25 Questions relating to the scheme
The Commissioners may decide any questions put to them concerning
(1)the interpritaton of this scheme or
(2)the propriety or validity of anything done or intended to be done under it
SCHEDULE
Land
Land known as Rushmere Common at Rushmere St Andrew in the County of Suffolk being the whole of the land comprised in the former governing document and registerd at HM Land Registry under Title No SK200688