PASSMORE EDWARDS
INSTITUTE

CONSTITUTION

Sealed 7th October 1981
430(S) County – Cornwall.
81. Place – Hayle.
Charity – Passmore Edwards Institute.

____L.2.____
268,429 A/1.

Stamp 50p Scheme including appointment of Trustees.

CHARITY COMMISSION.

In the matter of the Charity known as Passmore Edwards Institute, at Hayle, in the County of Cornwall, regulated by conveyance dated the 20th September 1893; and
In the matter of the Charities Act, 1960.
_______________________

THE CHARITY COMMISSIONERS FOR ENGLAND AND WALES
HEREBY ORDER that the following Scheme be approved and
established:-

SCHEME.

1. Administration of Charity. - The above-mentioned Charity and the property thereof specified in the schedule hereto and all other the property (if any) of the Charity shall be administered and managed in conformity with the provisions of the above-mentioned conveyance dated the 20th September 1893 as affected by the provisions of the Scheme by the Committee of Management hereinafter constituted as the charity trustees thereof within the meaning of section 46 of the Charities Act, 1960:

Provided that until the end of the first annual general meeting to be held as hereinafter provided after the date of this Scheme the Charity shall be administered by the existing Committee of Management of the Charity in accordance with the provisions of the Scheme.

OBJECT.

2. Object of Charity. - (1) The object of the Charity shall be the provision and maintenance of a village hall for the use of the inhabitants of the Parish of Hayle and neighbourhood (hereinafter called "the area of benefit") without distinction of political, religious or other opinions, including use for meetings, lectures and classes, and other forms of recreation and leisure-time activities, with the object of improving the conditions for the said inhabitants.

(2) All the said land and building shall be held upon trust for purposes of a village hall as aforesaid.

COMMITTEE OF MANAGEMENT.

3. Constitution. - Subject as hereinafter provided, the Committee of Management (hereinafter referred to as the Committee) shall consist when complete of fifteen (hereinafter referred to as Members) being

Seven Elected Members and
Eight Representative Members.

4. Elected Members. - Subject as hereinafter provided for casual vacancies, the Elected Members shall be appointed at the annual general meeting to be held as hereinafter and shall hold office from the end of the annual meeting at which they are appointed.

5. Representative Members. - (1) One Representative shall be appointed by each of the following associations:

Hayle Community Association,
Hayle Old Cornwall Society,
Hayle Rowing Club,
Hayle Royal British Legion,
Hayle Town Council,
Hayle and District Chamber of Commerce,
Hayle and District Age Concern, and
Connor Downs and Upton Towans Community Association.

(2) Each organisation shall notify the name of the person appointed by it to the secretary off the Committee.

(3) The appointment of a Representative Member may be made not more than one month before the annual general meeting and the term of office of a Representative Member so appointed shall commence at the end of that meeting.

(4) If an organisation entitled to appoint a Representative Member fails to do so within the said period of one month before the annual general meeting the appointment shall be made as soon as practicable after that meeting. The term of office of a Representative Member so appointed and of a Representative Member appointed to fill a casual vacancy shall commence on the day on which notification is received by the said secretary.

6. Co-optative Members. - The Committee may appoint if they think fit not more than two Co-optative Members. Each appointment of a Co-optative Member shall be made at a meeting of the Committee to take effect from the date of that meeting.

7. Termination of Membership. - (1) Any Member who is adjudged bankrupt or makes a composition or arrangement with his or her creditors or who 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 the Members shall retire from 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.

8. Additional Representative Members. - The Committee shall have power by a resolution passed at a duly constituted meeting by the votes of not less than two thirds of the Members for the time being to allow the appointment of an additional Representative Member by any organisation in the area of benefit not already named in this Scheme.

9. Alteration of constitution of Committee. – The constitution of the Committee as hereinbcfore provided may on the application of the Committee be altered from time to time by Order of the Charity Commissioners.
10. Casual vacancies. - (1) Upon the occurrence of a casual vacancy the Committee shall cause a note thereof entered in their minute book at their next meeting and in the case of a vacancy in the office of Representative Member shall cause notice thereof to be given as soon as possible to the organisation entitled to fill the vacancy.

(2) A casual vacancy in the office of Elected Member shall be filled at a meeting of the Committee to take effect at the date of that meeting.

11. Failure to Appoint. - The proceedings of the Committee shall not be invalidated by any vacancy among Members or by any failure to appoint or any defect in the appointment or qualification of a Member.

12. Declaration by Members. - No person shall be entitled to act as a Member whether on a first or on any subsequent entry into office until after signing in the minute book of the Committee a declaration of acceptance and of willingness to act in the trusts of this Scheme.

13. Members not to be personally interested. – Except in special
circumstances with the approval in writing of the Commissioners no Member shall take or hold any interest in any property belonging to the Charity otherwise than as a Trustee for the purposes thereof, or receive any remuneration, or be interested in the supply of work or goods, at the cost of the Charity.

MEETINGS AND PROCEEDINGS OF THE COMMITTEE.

14. Meetings of the Committee - 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 two Members upon seven clear days' notice being given to al1 the other Members of the matters to be discussed.

15. Chairman. - (1) At the first meeting in each year after the annual general meeting the Committee shall elect one of their number to be chairman of their meetings until commencement of the first meeting after the annual general meeting in the following year and may also elect one of their number to be vice-chairman. The chairman and vice-chairman shall always be eligible for re-election.

(2) If the chairman and vice-chairman (if any) are absent from any meeting of the Committee the Members shall choose one of their number to be chairman of the meeting before any other business is transacted.

16. Voting. - Except as hereinbefore provided every matter shall be determined by the majority of votes the Members present and voting on the question but in case of equality of votes the chairman of the meeting shall have a second or casting vote.

17. Minutes and accounts. - A minute book and book of account shall be provided and kept by the Committee.

18. Rules. - 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 and in particular with reference to –

(1) the terms and conditions upon which the said building may be used for the purposes specified in this Scheme by persons or bodies other than the Committee and the sum (if any) to be paid for such use;

(2) the appointment of an auditor, treasurer and such other unpaid officers as the Committee consider necessary and the fixing of their respective terms of office;

(3) the engagement and dismissal of such paid officers and servants as the Committee may consider necessary; and

(4) the number of Members who shall form a quorum at meetings of the Committee, provided that the number of Members who shall form a quorum shall not be less than one-third of the total number Members for the time being.

INSURANCE.

19. Insurance. - The Committee shall insure the building and the furniture and effects therein to the value thereof against fire and other usual risks and shall suitably insure against risks arising out of the ownership of property and the employment of persons.

APPLICATION OF INCOME.

20. Receipts and expenditure. - (l) The income of the Charity including all payments for the use of the said building and all donations for the benefit thereof shall be paid into a trust account at such bank as the Committee from time to time shall prescribe.

(2) The moneys standing to the credit of the said account shall be applied as the Committee shall decide in insuring as aforesaid, in maintaining and repairing the said building and 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 otherwise furthering the object of the Charity.

21. Surplus Cash - Sums of cash at any time belonging to the Charity and not needed for immediate working purposes shall be invested in trust for the Charity.

ANNUAL GENERAL MEETING.

22. Annual general meeting. - (1) There shall be an annual general meeting in connection with the Charity which shall be held in the month of October in each year or as soon as practicable thereafter.

(2) All inhabitants of the area, of benefit of 18 years of age and upward shall be entitled to attend and vote at the annual general meeting.

(3) The first annual general meeting shall be convened by the existing Committee of Management of the Charity and every subsequent annual general meeting shall be convened by the Committee.

(4) Public notice of every annual general meeting shall be given in the area of benefit at least 14 days before the date thereof.

(5) Before any other business is transacted at the first annual general meeting after the date of this Scheme, the persons present thereat shall appoint a chairman of the meeting. The chairman of subsequent annual general meetings shall be the chairman for the time being of the Committee, but if he or she is not present, before any other business is transacted, the persons present shall appoint a chairman of the meeting.
(6) The Committee shall present to each annual general meeting the report and accounts of the Charity for the preceding year.

GENERAL PROVISIONS.

23. Donations. - The Committee may accept any donation or property for the general purposes of the Charity and may also accept donations or property for any special objective connected with the Charity not inconsistent with the provisions of this Scheme.

24. Questions under Scheme. - Any question 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 shall be determined by the Commissioners upon such application made to them for the purpose as they think sufficient.

SCHEDULE.

The following adjoining land situate in the Parish Hayle in the County of Cornwall with the buildings there known as Passmore Edwards Institute:

1. Land comprised in the above-mentioned conveyance dated the 20th September 1893 and made between Harvey and Company Limited of the one part and James Bazeley and six others of the other part and enrolled in the Central Office of the Supreme Court of Judicature on the 5th September 1893.

2. Land comprised in a conveyance made the 27th September 1893 between Richard Oke Millett of the first part Charles Dewen Millett and another of the second part and James Bazeley and six others of the third part.

3. Land comprised in a conveyance made the 27th November 1894 between Roger William Giffard Tyringham of the one part and James Bazeley and six others of the other part.

£583.34 cash on deposit account at the branch of Barclays Bank Limited at Foundry Square, Hayle.

£21.03 cash on current account at the said branch of the said bank.

This schedule is made up to the 30th June 1981.

Sealed by Order of the Commissioners this 7th day of October 1981.