The Constitution

This Conveyance is made the Twenty First day of June, One Thousand, Nine Hundred and Seventy-Two

 

BETWEEN:

EDWARD WHITFIELD, HORACE REEDMAN and GEORGE WILLIAM WALLACE all of Langtoft in the County of Lincoln (hereinafter called “the Trustees”) of the one part and JAMES THOMAS HOLMES, HARRY NAYLOR, ABRAHAM OWEN SMITH, ROY ALBERT SPRIGGS, THOMAS HENRY FLATTERS, STANLEY HERBERT CURTIS and EILEEN HOLMES all of Langtoft in the County of Lincoln (hereinafter called “the Council”) of the other part -

 

WHEREAS:

  1. By Conveyance dated the Sixth day of August One Thousand nine hundred and Thirteen and made between The Right Honourable Gilbert Heathcote-Drummond-Willoughby, Earl of Ancaster, Baron Willoughby de Eresby and Baron Aveland of the first part The Honourable Charles Strathavon Heathcote-Drummond-Willoughby and The Honourable Claud Heathcote-Drummond-Willoughby of the second part and John Henry Trollope Baron Kesteven the said Honourable Claud Heathcote-Drummond-Willoughby, Thomas Whyment Atkinson, The Reverend Henry Edmunds Houlden, George Aquila Peasgood, Joseph Franks, Frederick Bowman Gibbons and George Whitfield the Trustees at the date thereof of the Langtoft Working Men’s Conservative Club (hereinafter called “the Club Trustees”) of the other part the property hereinafter described was conveyed unto and to the use of the Club Trustees their heirs and assigns and upon trust for the members for the time being and from time to time of the Langtoft Working Men’s Conservative Club according to the rules thereof to be sold, leased, mortgaged or otherwise dealt with by the Club Trustees as the Committee of the Club should from time to time direct -
  2. By virtue of a Deed of Appointment pledged the Sixteenth day of March, One Thousand Nine Hundred and Forty Eight and made between the Honourable Claud Heathcote-Drummond-Willoughby and Thomas Whyment Atkinson of the one part and Leonard Percy Longland, Edward Whitfield, Horace Reedman and George William Wallace of the other part the present Trustees of the Charity.
  3. The said Leonard Percy Longland died on the Tenth day of January, One thousand, nine hundred and seventy-one.
  4. The said Trustees in exercise of the said Trust are desirous of conveying the said land freely and voluntarily to the Council upon the Trusts hereinafter appearing -
  5. The Council is authorised by section 268 of the Local Government Act 1933 to accept hold and administer any gift of the property for the benefit of the inhabitants of the parish or any part thereof.


NOW THIS DEED WITNESSETH as follows:

  1. The Interpretation Act 1899 applies for the interpretation of this Deed as it applies for the interpretation of an Act of Parliament.
  2. The Council is the Trustee of the Langtoft Village Hall (hereinafter called “the Charity”).
  3. IN consideration of the premises the Trustees of the Langtoft Village Working Men’s Club as settler hereby convey unto the Council ALL THAT piece or parcel of land situate in the parish of Langtoft in the County of Lincoln on the North West side of the highway and having a frontage thereto of thirty-one feet six inches and a depth therefrom on the North East and South West sides of seventy-five feet six inches and a width in the rear on the North West boundary of thirty-two feet or thereabouts which piece or parcel of land is with the dimensions and abuttals thereof more particularly delineated and described on the plan annexed hereto and thereon coloured pink (together with the building erected or to be erected thereon TO HOLD the same unto the Council in fee simple upon Trusts and subject to the powers and provisions set out in the First Schedule hereto.
  4. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value of the aggregate amount or value of the property conveyed or transferred exceeds Five thousand, five hundred pounds.


IN WITNESS whereof the Trustees have hereunto set their hands and seals and two members of the Council have pursuant to a resolution by the Council on the 21st day of June, One Thousand, Nine Hundred and Seventy-Two hereunto set their hands and seals the day and year first before written.


FIRST SCHEDULE VILLAGE HALL TRUSTS

The property hereby conveyed (hereinafter called “the Trust Property” shall be held upon trust for the purposes of a village hall for the use of the inhabitants of the Parish of Langtoft in the County of Lincoln (hereinafter called the “Area of Benefit”) without distinction of political, religious or other opinions, including use for meetings, lectures and classes and for other forms of recreation and leisure-time occupation, with the object of improving the condition of life for the said inhabitants.


ADMINISTRATION BY COMMITTEE

The Charity shall be administered in conformity with the provisions of this Deed by the Committee of management hereinafter constituted (and hereinafter called the committee) who shall be the charity trustees of the charity 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 after the date of this Deed the charity shall be administered in accordance with the provisions of the Deed by the following persons:


VESTING IN THE OFFICIAL CUSTODIAN FOR CHARITIES

The Trustees and all persons holding any property of the Charity shall take such steps as may be necessary for the purposes of vesting in the Official Custodian for Charities all freehold and leasehold lands and other property at any time belonging to the Charity.


COMMITTEE OF MANAGEMENT

Except as hereinafter in this clause provided the committee shall consist of four elected members and five representative members and may include not more than two co-opted members.


The elected members (other than those appointed under sub-clause (8) of this clause fill casual vacancies) shall be elected at the annual general meeting to be held as in this Deed provided.


One representative member shall be appointed by each of the following organisations:

               

  • PARISH COUNCIL
  • PAROCHIAL CHURCH COUNCIL
  • WIVES GROUP
  • BRITISH LEGION
  • CONSERVATIVE ASSOCIATION

 

A representative member shall ordinarily be appointed not more than one month before the annual general meeting: provided that an organisation which fails to appoint a representative member before such meeting shall make the appointment as soon as practicable thereafter. Each organisation shall notify to the secretary of the committee the name of its representative.


  • Co-opted members shall be appointed at a duly constituted meeting of the committee.
  • Subject to the provisions of sub-clauses (6) and (8) of this clause the period of office of members shall commence:
  • In the case of elected members, at the end of the annual general meeting at which they are elected.
  • In the case of representative members appointed before the annual general meeting in any year, at the end of that meeting or, in the case of a representative member appointed after such annual general meeting, or to fill a casual vacancy, on the day on which notification of his appointment is received by the Secretary.
  • In the case of co-opted members, from the date of their co-option.
  • All members of the committee shall retire from office together at the end of the annual general meeting after the date on which they came into office but they may be re-elected or re-appointed.
  • In the event of any application for representation on the committee being received from any existing or newly-formed organisation operating in the area of benefit the committee may, upon a resolution supported at a duly constituted meeting of the committee by the votes of a majority of not less than two-thirds of all the members of the committee, allow such organisation to appoint a representative member of the committee in the same manner as if such organization had been named in sub-clause (3) of this clause.
  • Upon the occurrence of a casual vacancy the committee shall cause a note thereof to be entered in their minute book at their next meeting and, if in the office or representative member, it shall be notified as soon as possible to the to the proper appointing organisation. A casual vacancy in the office of elected member may be filled by the committee and the period of office of an elected member elected to fill a casual vacancy shall commence at the end of the meeting of the committee at which he was so elected.


The constitution of the committee as hereinbefore provided may, on the application of the committee, be altered from time to time by order of the Charity Commissioners or the Secretary of State for Education and Science (hereinafter called the Secretary of State).


FAILURE TO APPOINT

The proceedings of the committee shall not be invalidated by any failure to appoint or any defect in the appointment, election or qualification of any member.


DECLARATION OF MEMBERS

No person shall be entitled to act as a member of the committee, 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 Deed.


MEMBERS NOT TO BE PERSONALLY INTERESTED IN THE CHARITY

Except in special circumstances, with the approval in writing of the Charity Commissioners or the Secretary of State, no member of the committee 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.


DETERMINATION OF MEMBERSHIP

Any member who is adjudged bankrupt, or who makes a composition or arrangement with his 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.
 

MEETINGS OF THE COMMITTEE

The committee shall hold at least two ordinary meetings in each year. A special meeting may be summoned by the chairman or any two members upon seven clear days’ notice being given to all the other members of the matters to be discussed.


CHAIRMAN AND VICE CHAIRMAN OF THE COMMITTEE

The Committee, at their first meeting in each year after the annual general meeting, shall elect one of their members to be chairman of their meetings and may elect one of their number to be vice-chairman. The chairman and vice-chairman shall continue in office until their respective successors are elected. If the chairman is absent from any meeting, the vice-chairman (if any) shall preside; otherwise the members present shall, before any other business is transacted, choose one of their number to preside at that meeting.


VOTING IN COMMITTEE

Every matter shall (except as in this Deed provided) be determined by majority of the members of the committee present and voting on the question. In case of equality of votes the Chairman of the meeting shall have a second or casting vote.


ANNUAL GENERAL MEETING

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


All inhabitants of the area of benefit of eighteen years of age and upwards shall be entitled to attend and vote at the annual general meeting.


The first annual general meeting after the date of this Deed shall be convened by the persons named in clause 1 (2) hereof and subsequent annual general meetings by the committee. Public notice of every annual general meeting shall be given in the area of benefit at least fourteen days before the date thereof by affixing a notice to some conspicuous part of the trust property or other conspicuous place in the area of benefit and by such other means as the conveners think fit.


The persons who are present at the first annual general meeting after the date of this Deed shall, before any other business is transacted, appoint a chairman of the meeting. The Chairman of subsequent annual general meetings shall be the chairman for the time being of the committee. In his absence the vice-chairman (if any) shall take the chair, but, if neither is present, the persons present shall, before any other business is transacted, appoint a chairman of the meeting. In case of equality of votes the chairman of the meeting shall have a second or casting vote.


The Committee shall present to each annual general meeting the report and accounts of the Charity for the preceding year.


REPAIRS AND INSURANCE

The Committee shall cause all the buildings and other property of the Charity at all times to be kept in repair and sufficiently insured against fire, theft, public liability and other insurable risks.


APPLICATION OF INCOME

After satisfying its obligations under clause 12 hereof the Committee shall as and when it thinks fit apply the net yearly income for the purposes of the Charity.


SURPLUS CASH

Any sum of cash at any time belonging to the Charity and not needed as a balance for working purposes shall (unless otherwise directed by the Charity Commissioners or the Secretary of State) be invested.


FURTHER ENDOWMENTS

The Committee may receive any additional donations or endowments for the general purpose of the Charity, and it may also accept donations or endowments for any special objects connected with the Charity not inconsistent with the provision of this Deed.


MINUTES & ACCOUNTS

The Committee shall provide and keep a minute book and books of account. All proper statements of account in relation to the Charity shall in each year be prepared as prescribed by section 32 of the Charities Act 1960 and copies thereof shall be sent to the Parish Council of Langtoft.


MORTGAGES AND CHARGES

The Committee may with the consent of the Charity Commissioners or Secretary of State from time to time by mortgage or otherwise obtain such advances on the security of the Trust property or any part thereof as may be required for maintaining extending or improving the same or any part thereof or erecting any building thereon or for the work carried on therein and may continue or may repay in whole or in part and from time to time any existing mortgage or charge on the Trust property.


LETTING OR SALE

If the Committee decides at any time that on the ground of expense or otherwise it is necessary or advisable to discontinue the use of the Trust property in whole or in part for the purposes stated in clause 1 it shall call a meeting of the inhabitants of the age of eighteen years or upwards of the area of benefit of which meeting not less than fourteen days’ notice (stating the terms of the resolution that will be proposed thereat) shall be posted in a conspicuous place or places on the Trust property and advertised in a newspaper circulating the area of benefit and if such decision shall be confirmed by three-quarters of such inhabitants present and voting at such meeting the Committee may with the consent of the Charity Commissioners or the Secretary of State let or sell the Trust property or any part thereof. All moneys arising from such letting or sale (after satisfaction of any liabilities properly payable thereout) shall with such consent as aforesaid be applied either in the purchase of other property approved by the Committee and to be held upon the trusts for the purposes and subject to the provisions hereinbefore set forth (including this power) or as near thereto as circumstances shall permit or towards such other charitable purposes or objects for the benefit of the inhabitants of the area of benefit as may be approved by the Charity Commissioners or Secretary of State and meanwhile such moneys shall be invested and any income arising therefrom shall either be accumulated (for such time as may be allowed by law) by investing the same and the resulting income thereof in like manner as an addition to and to be applied as the capital of such investments or shall be used in furthering the purposes specified in the Deed.

 

RULES

Within the limits prescribed by this Deed the Committee may from time to time make and alter rules for the management of the Charity and in particular with reference to:

  • The terms and conditions upon which the Trust property may be used by persons or bodies other than the committee for the purposes specified in this Deed and the sum (if any) to be paid for such use.
  • The deposit of money at a proper Bank and the safe custody of documents.
  • The appointment of an auditor.
  • The engagement and dismissal of such officers, servants and agents as the committee may consider necessary and the payment of such persons (not being members of the committee).
  • The summoning and conduct of meetings including the number of members who shall from a quorum thereat: PROVIDED that at meetings of the Committee the quorum shall not be less than one-third of the total number of the members for the time being.

 

SIGNED SEALED AND DELIVERED by the said

Edward Whitfield

Horace Reedman

George William Wallace

James Thomas Holmes

Harry Naylor

Abraham Owen Smith

Roy Albert Spriggs

Thomas Henry Flatters

Stanley Herbert Curtis

Eileen Holmes

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