The Swallows Charity Constitution Draft Update 2024

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The Swallows Head & Neck Cancer Support Group Business First, Amy Johnson Way Blackpool, FY4 2RP Info@theswallows.org.uk Tel: 01253 428 940 4.1.10 To raise funds (but not by means of taxable trading). 4.1.11 To borrow money and give security for loans (but only in accordance with the restrictions imposed by the Charities Act 2006). 4.1.12 To acquire or hire property of any kind and to let or dispose of property of any kind (but only in accordance with the restrictions imposed by the Charities Act 2006). 4.1.13 To set aside funds for special purposes or as reserves against future expenditure. 4.1.14 To deposit or invest funds in any lawful manner. 4.1.15 To insure the Swallows' property against any foreseeable risk and to take out any insurance policies to protect the Swallows where required. 4.1.16 To employ paid or unpaid agents, staff or advisers. 4.1.17 To enter contracts to provide services to or on behalf of other bodies. 4.1.18 To pay the costs of forming or amending the structure of the Swallows. 4.1.19 To do anything else within the law which promotes or helps to promote the Objects and that shall be consistent with the purpose for which the Swallows is constituted. 5. MEMBERSHIP 5.1 The members of The Swallows shall be its charity trustees for the time being, referred to in this Constitution as "the trustees". The only persons eligible to be members of The Swallows are its trustees. Membership cannot be transferred to anyone else. 5.2 Any trustee who ceases to be a trustee automatically ceases to be a member of The Swallows. 6. INFORMAL OR ASSOCIATE (NON-VOTING) MEMBERSHIP 6.1 The trustees may create associate or other classes of non-voting membership and may determine the rights and obligations of any such members, and the conditions for admission to, and termination of membership of any such class of members. 6.2 Other references in this constitution to “members” and “membership” do not apply to nonvoting members, and non-voting members do not qualify as members for any purpose under the Charities Acts, General Regulations or Dissolution Regulations. 7. FUNCTIONS AND DUTIES OF THE TRUSTEES 7.1 The Board of Trustees have management control of the Swallows and its property and funds. 7.2 The trustees shall manage the affairs of the Swallows and may for that purpose exercise all the powers of the Swallows. It is the duty of each charity trustee: a. to exercise his or her powers and to perform his or her functions in his or her capacity as a trustee of the Swallows in the way he or she decides in good faith would be most likely to further the purposes of the Swallows and to exercise, in the performance of those functions, such care and skill as is reasonable in the circumstances having regard to: b. any special knowledge or experience that he or she has or holds himself or herself out as having; and, c. if he or she acts as a trustee of the Swallows during a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession. 7.3 The Board of Trustees shall consist of the Chairperson, Treasurer, and the other Elected Officers (but not paid employees) of the Swallows. Page 2 of 14
The Swallows Head & Neck Cancer Support Group Business First, Amy Johnson Way Blackpool, FY4 2RP Info@theswallows.org.uk Tel: 01253 428 940 7.4 The Board of Trustees shall have the power to co-opt additional members as they consider fit. Such coopted members shall at no time exceed three in number and shall serve until the next Annual General Meeting. 8. ELIGIBILITY FOR TRUSTEESHIP 8.1 Every trustee must be a natural person and must be 18 years of age or over. 8.2 No individual may be appointed as a trustee of the Swallows if he or she is under the age of 18 years; or if he or she would automatically cease to hold office. 8.3 No one is entitled to act as a trustee whether on appointment or on any re-appointment until he or she has expressly acknowledged, in whatever way the trustees decide, his or her acceptance of the office of charity trustee. 9. NUMBER OF TRUSTEES 9.1 There must be at least three trustees. If the number falls below this minimum, the remaining trustee or trustees may act only to call a meeting of the trustees or appoint a new trustee. 10. APPOINTMENT OF TRUSTEES 10.1 Apart from the first trustees, every trustee must be appointed for a term of one year by a resolution passed at a properly convened meeting of the trustees. 10.2 In selecting individuals for appointment as trustees, the trustees must have regard to the skills, knowledge and experience needed for the effective administration of the Swallows. 10.3 A retiring trustee is entitled to an indemnity from the continuing Board of Trustees, at the expense of the Swallows, in respect of any liabilities properly incurred while he or she held office. 10.4 Technical defects in the appointment of a trustee, of which the Board of Trustees was unaware at the time, does not invalidate decisions taken at a meeting. 11. TAKING OF DECISIONS BY TRUSTEES Any decision may be taken either: 11.1 at a meeting of the trustees; or 11.2 By resolution in writing or electronic form agreed by a majority of all of the trustees, which may comprise either a single document or several documents containing the text of the resolution in like form to which the majority of all of the trustees has signified their agreement. Such a resolution shall be effective provided that a copy of the proposed resolution has been sent, at or as near as reasonably practicable to the same time, to all of the trustees; and the majority of all of the trustees has signified agreement to the resolution in a document or documents which has or have been authenticated by their signature, by a statement of their identity accompanying the document or documents, or in such other manner as the trustees have previously resolved, and delivered to the Swallows at its principal office or such other place as the trustees may resolve within 28 days of the circulation date. 12. APPLICATION OF INCOME AND PROPERTY 12.1 The income and property of the Swallows must be applied solely towards the promotion of the objects. 12.2 A trustee is entitled to be reimbursed from the property of the Swallows or may pay out of such property reasonable expenses properly incurred by him or her when acting on behalf of the Swallows. Page 3 of 14
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The Swallows Charity Constitution Draft Update 2024

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