LYDNEY EARLY LEARNERS CONSTITUTION 2009

1. Name The name of the Group shall be Lydney Early Learners hereinafter referred to as “the Group” and which is a body associated with PATA.

2. Aim The aim of the Group is to enhance the development, care and education of children primarily under statutory school age and also of children and young people of school age by encouraging parents to understand and provide for the needs of their children through community (voluntary managed) groups and by:

(a) Offering appropriate play facilities and training courses, together with the right of parents to take responsibility for and to become involved in the activities of such groups, ensuring that such groups offer opportunities for all children and young people, whatever their race, culture, religion , means or ability.

(b) Encouraging the study of the needs of such children and their families and promoting public interest in and recognition of such needs in the local area.

3. Powers For the furtherance of this Aim the Group may:

(a) Provide accommodation and equipment and engage staff.

(b) Raise money to pay for the Group’s activities.

(d) Fix and collect fees payable, in respect of children attending groups run by the Group.

(e) Control the admission of children to the groups run by the Group and, if appropriate require parents or guardians to withdraw them.

(f) As a member of PATA, send an accredited representative to vote at local Branch and/or County meetings and to the Annual General Meeting (AGM) of PATA.

(g) Take such other action as may benefit the Group.

(h) Subject to any consents required by law, borrow money and charge all or any part of the property of the Group with repayment of the money so borrowed.

4. Membership Membership shall by of two kinds:

(a) Family Members Parents or guardians of all children who attend any group run by the Group, each member to have one vote at any General Meetings of the Group.

(b) Extra Members Other interested individual, persons or other bodies, excluding paid employees, approved by the Committee shall be entitled to become Extra Members of the Group, but such persons shall not be entitled to become Extra Members until the appropriate subscription (if any) set by the Committee has been received. Extra Members will be entitled to one vote at any General Meetings of the Group.

5. General Meetings

5.1 An Annual General Meeting (AGM) shall be held in the Autumn Term each year. The annual report and financial statements shall be submitted to members at the AGM. The Group shall also comply with such legislation regarding the transmission of the annual report and financial statements of the Group to the Charity Commission.

5.2 A Special General Meeting (SGM) may be called at any time at the request of the Committee or not less than 25% of the members.

5.3 The Secretary or Chair shall send a note of the date, time and place of each AGM and any SGM, with a list of items to be discussed, to all members at least two weeks before the date of the meeting.

5.4 If the Chair or Secretary does not call a SGM with two months of a proper request to do so, any member may call that meeting by putting up a notice in a conspicuous place where the Group meets, at least two weeks before the meeting.

5.5 Entitlement to vote at all General Meetings will be in accordance with Clause 4.

5.6 The quorum for a General Meeting shall be 15% of the members or 5 members whichever is the greater. If fewer attend, a new meeting must be called.

6. Committee

6.1 The Committee shall meet at least three times a year and is responsible for ensuring that the Group complies with its Aim and is properly managed.

6.2 The Committee shall consist of the following trustees:

(a) 3 Officers (Chair, Secretary and Treasurer), and

(b) not less than 2 not more than 9 elected members, and

6.3 At least 60% of the Committee Members, including co-opted members, shall at the time of election or co-option, be parents or guardians of children in groups run by the Group.

6.4 The Officers and Committee Members in 6.2(a) and 6.2(b) shall be elected for one year at the AGM. Retiring Officers and Committee Members are eligible for re-election, unless they have already served on the Committee in any capacity for six consecutive years.

6.5 Co-opted members in 6.2(c) may join at any time, at the invitation of the Committee, but shall retire at the next AGM. No co-opted member shall serve for more than six consecutive years.

6.6 In the event of the death of or resignation of an elected member the vacancy shall be filled until the next AGM by a member appointed by the Committee.

6.7 The Committee may pass a Resolution to remove a Committee Member if that member has been absent without the permission of the Committee from all their meetings over a period of six months.

6.8 The Officers and Committee Members each have one vote. In the event of a tie the Chair has a casting vote. A quorum shall be not less than half the Committee, including 2 of the Officers.

6.9 Paid employees and employed by the Committee and therefore cannot be Committee Members or vote at Committee meetings. They, or their representative, can be invited to attend any or all meetings in an advisory capacity and should normally be so invited, but need not attend the whole of the meeting. Paid employees, if members of the Group in accordance with clause 4(a), shall be entitled to attend and vote at all General Meetings of the Group.

7. Holding Trustees The title to any real fund/or leasehold property or land which may by acquired by the Group, shall be vested in the Official Custodian for Charities. The Official Custodian is a member of the Charity Commission’s staff who is appointed by the Commissioners to hold land on behalf of charities. All powers, duties and responsibilities for managing the said property or land remains that of the Committee.

8. Finance

8.1 The Treasurer shall oversee the keeping of the proper accounts of the finances of the Group. At each meeting the Treasurer or deputy shall present a written statement of the accounts to the Committee. Acceptance of these accounts by the Committee shall be recorded in the minutes.

8.2 All payments shall be authorised by two Officers, and duplicate bank statement shall be sent to the Chair.

(a) All cheques shall be signed by two Officers, one of whom shall normally by the Treasurer.

(b) All Online payments, can be processed by the Treasurer or Office Manager only upon receipt of signed authorisation by two Officers, one of whom shall normally by the Treasurer.

8.3 At the end of the financial year accounts shall be prepared and then examined by an independent examiner in accordance with current Charity Commission requirements. These accounts shall be presented to the AGM.

8.4 The funds of the Group shall be used only for the purposes of the Group and no payment shall be made to any member except.

(a) if that member is employed by the Group, and then only as appropriate remuneration in respect of that employment.

(b) as repayment of reasonable expenses properly incurred on behalf of the Group.

9. Dissolution If the Committee decides that it is necessary or advisable to dissolve the Group it shall call a General Meeting of all members under the provision of Clause 5. If the proposal is confirmed by a two thirds majority of those present and voting the Committee shall have power to realise any assets held by the or on behalf of the Group. Any assets remaining after the satisfaction of any proper debts and liabilities shall be handed to PATA or any similar charity concerned with the education or care of children in the area of the Group. If there is no AGM for two successive years, and if no member of the Committee makes the necessary arrangements, any other member may do so. A copy of the financial statements or the final accounting period of the Group must be sent to the Charity Commission.

10. Change of Constitution Subject to the following provisions of this clause the Constitution may altered by a resolution passed by not less than two thirds of the members present and voting at a General Meeting under the provisions of Clause 5. Any alteration to this constitution must have the prior written approval of PATA. In addition, no amendment may be made to clauses 1, 2, 8.4, 9 or 10 without the prior consent in writing of the Charity Commission. No amendment may be made which would have the effect of making the Group cease to be a charity at law. The Committee should promptly send to the Charity Commission a copy of any amendment made under this clause. This Constitution was approved by the Members of Lydney Early Learners at a General Meeting

Registered Charity Number: 1024854

Lydney Early Learners, Bream Road, Lydney, Gloucestershire GL15 5JH Telephone: 01594 841779 Email: JLIB_HTML_CLOAKING Website: www.lydneyearlylearners.org.uk

The PATA Group, Grange Road, Tuffley, Gloucester GL4 0DJ Telephone: 01452 521244/5 Fax: 01452 540273 Email: JLIB_HTML_CLOAKING Website: www.pataglos.org.uk

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