1. Name
The name of the organisation is CFYDC (Chance), Chapeltown Youth Development Centre.
2. Mission Statement:
The sole purpose of CFYDC (Chance) existing, is to make a difference in the lives of young people and adults living in Chapeltown and the surrounding areas. This will be by providing the facilities, resources and staffing for a range of educational, training and sports activities. CFYDC (Chance) aims to engage and actively assist in the development of young people and adults, so they are able to reach their fullest potential. This will also be done by creating opportunities, which enable the aspirations and dreams of those who are in need of them to be fulfilled; whatever their background and regardless of their history. It also aims to ensure future independence by capacity building and creating effective partnerships that would lead to progressive development and long term sustainability of the organisation for the benefit of young people and adults.
3. Objects
The organisation’s objects are:
a) To engage young people and adults to develop their potential and gain life-skills to enhance their future opportunities.
b) To provide educational and motivational programmes for young people and adults.
c) To positively contribute to the moral, social, emotional, mental, technical and spiritual growth of young people and adults.
d) To provide sporting facilities and activities for young people and adults.
e) To establish working relationships with local and surrounding communities.
f) To encourage volunteer involvement.
g) To develop and train individuals to become qualified Youth Workers/Mentors in order to deliver sustainable youth work opportunities.
h) To build effective partnerships with appropriate agencies in order to further the objectives of CFYDC (Chance).
i) To capacity build in respect of CFYDC (Chance) project developments, independence and long term sustainability.
4. Powers
In the furtherance of its objects, the organisation shall have the powers as set out in section 4(1) and section 23 of the Memorandum of Association of CFYDC (Chance)
5. Membership
Full membership of the organisation shall be open to:
a) Young people and adults.
b) Registered members of any CFYDC (Chance) project.
c) Employees.
d) Volunteers.
Management Responsibilities:
e) The Management Board shall consider each volunteer application for membership at the first committee meeting held after its receipt; the committee shall, within a reasonable time after the meeting, notify the applicant of its decision.
f) The Management Board may, at its discretion, refuse to admit any individual to membership.
g) The Management Board shall have the right, for good and sufficient reason, to terminate the membership of any individual or organisation by written notice, providing the member, or the representative of the organisation concerned, shall have the right to be heard by the committee before a final decision is made.
h) The Management Board shall maintain a register of members, setting out their full name and address, the date on which they were admitted to membership, and the date on which any individual ceased to be a member.
i) The Management Board shall determine the value of the annual membership subscription at the first meeting following the AGM.
Member Responsibilities:
j) Any individual who wishes to withdraw from membership shall send a signed notice to that effect to the association; the individual shall cease to be a member on receipt of the notice, all CFYDC (Chance) equipment and monies owed should be handed over at this time.
k) Annual subscriptions shall be payable at the first attendance on or after 1st June each year.
l) Members are expected to abide by the rules of CFYDC (Chance) as well as any specific rules set out by any CFYDC (Chance) project they are affiliated with.
6. Meetings
a) The Management Board shall convene an annual general meeting (or AGM) in each year, not more than six months after the end of the financial year. Not more than 15 months shall elapse between one AGM and the next. The first AGM shall be held not later than 12 months from the date this constitution is approved.
b) The business of each AGM shall include: a report by the Chairperson on the activities of the association; consideration of the annual accounts; the election/re-election of members of the Management Board.
c) The Management Board may convene a special general meeting at any time, if called for by the Secretary or Chairperson, or if 10 members submit a request in writing. The Secretary shall arrange the meeting within 14 days and shall give 5 days’ notice to all members.
d) At least 14 clear days' notice must be given of any general meeting in writing by the Secretary to each member.
e) No business shall be dealt with at any meeting unless a quorum is present; the quorum for a meeting shall be 4 members, present in person.
f) If a quorum is not present within 15 minutes after the meeting start time, or if, during a meeting, a quorum ceases to be present, the meeting shall be adjourned to a time and place as may be fixed by the Chairperson.
g) If the Chairperson is not present within 15 minutes after the meeting start time, the members of the Management Board shall elect someone from among themselves to act as Chairperson of that meeting.
h) All questions arising at any meeting shall be decided by a simple majority of the votes cast. Every member shall have one vote, which (whether on a show of hands or on a secret ballot) must be given personally.
I) if there are an equal number of votes for, and against, any resolution, the Chairperson shall be entitled to a casting vote.
j) If a secret ballot is demanded, it shall be taken at the meeting and shall be conducted in such a manner as the Chairperson may direct; the result of the ballot shall be declared at the same meeting.
k) The Management Board shall ensure that minutes are made of all proceedings at all meetings; a minute shall include the names of those present, and (if possible) shall be signed by the Chairperson of the meeting.
7. Management Board
a) The maximum number of members of the Management Board shall be 12 and can be comprised of Directors and Trustees (referred to as Executive Members) and Non-Executive Members and Honorary (non-voting) Members.
b) The Management Board may at any time appoint any member to be a member of the committee.
c) The Management Board members shall elect from among themselves a Chairperson, a Treasurer and a Secretary, and such other office bearers as they consider appropriate.
d) A member of the Management Board must declare a personal interest in any transaction or other arrangement which the association is proposing to enter into; he or she will be debarred from voting on the matter in question.
e) No Executive Member of the Management Board may serve as an employee (full time or part time) of the association, nor be given any remuneration by the association for carrying out his or her duties as a committee member.
f) All Members of the Management Board may be paid all travelling and other expenses reasonably incurred by them in connection with their attendance at meetings, or in connection with the carrying-out of their duties.
g) Any member of the Management Board may call a committee meeting or request the Secretary to do so.
h) The Management Board may, at its discretion, allow any person who they reasonably consider appropriate, to attend and speak at any committee meeting; any such person shall not be entitled to vote.
I) The Management Board may delegate any of their powers to any sub-committee consisting of one or more committee members and other persons as it may determine; they may also delegate to the Chairperson of the association (or the holder of any other post) such of their powers as they may consider appropriate.
j) The rules of procedure for any sub-committee shall be as prescribed by the Management Board.
8. Conflict of Interests and Conflict of Loyalties
The charity Executive or non-Executive member must:
a) Declare the nature and the extent of any interest, direct or indirect, which he or she has a proposed transaction or arrangement entered into by the charity, which has not been declared; and
b) Absent themself from any discussion with the charity trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the charity and any personal interest (including but not limited to any personal financial interest).
Any Trustee absenting themself from any discussion in accordance with this clause must not vote or be counted as part of the quorum in any decision of the charity trustees on the matter.
9. Disqualification, Removal and Resignation of Trustees and Non- Executive Members
A Trustee shall cease to hold office if he or she:
a) Disqualified from acting as a Trustee by virtue of Section 72 of the Charities Act 1993 (or any statutory re-enactment of modification of that provision).
b) Ceases to be a member of the charity;
c) Becomes incapable by reason of mental disorder, illness, injury of managing and administering his or he own affairs.
d) Resigns as a Trustee by notice to the charity (but only if at least two Trustees will remain in office when the notice of resignation is to take effect; or
e) Is absent without permission of the Trustees from all their meetings held within a six consecutive months and the Trustees resolve that his or her office be vacated, or a maximum of 12 months with the permission of the Trustees.
f) The above clauses also apply to Non-Executive Members of the charity.
10. Disputes
If a dispute arises between members of the charity about the validity or propriety of anything done by members under the constitution and the dispute cannot be resolved by agreement, the parties to disputes must first try in good faith to settle the dispute by mediation before resorting to litigation.
11. Rules
1. The trustees may from time to time make rules or bye-laws for the conduct of their business.
2. The bye-laws may regulate the following matters but are not restricted to them:
a) The admission of members of the charity (including the admission of organisations to the membership) and the rights and privileges of such members, and the entrance fees, subscriptions and other fees or payments to be made by members;
b) The conduct of members of the charity in relation to one another and to the charity’s employees and volunteers;
c) The setting aside of the whole or any part or parts of the charity’s premises at any particular time or times or for any particular purposes or purposes;
d) The procedure at general meetings and meetings of the trustees in as far as such procedures is not regulated by the constitution;
e) The keeping and authentication of records. (If regulating made under this clause permit records of the charity to be kept in electronic form and require a trustee to sign the record, the regulations must specify a method of recording the signature that enables it to be properly authenticated).
f) Generally, all such matters are commonly the subject matter of the rules of an unincorporated association.
3. The charity in general meetings has the power to alter, add or repeal the rules or bye-laws.
4. The trustees must adopt such means as they think sufficient to bring the rules and bye-laws to the notice of members of the charity.
5. The rules or bye-laws shall be binding on all members of the charity. No rule or bye-law shall be inconsistent with, or shall affect or repeal anything contained in this constitution.
12. Finance
a) A bank account shall be opened in the name of the association. The Management Board shall authorise in writing a minimum of three members, one of whom shall be the Treasurer, to sign cheques on behalf of the association. All cheques must be signed by not less than two of the authorised signatories.
b) The Management Board shall ensure that proper accounting records are kept and maintained in accordance with all applicable statutory requirements.
c) The Management Board shall prepare annual accounts, complying with all relevant statutory requirements. Where external scrutiny is required under any statutory provisions (or if they otherwise think fit), they shall ensure that externally scrutiny of such accounts is carried out by a suitably qualified person.
d) A statement of the suitably prepared (and, where applicable, externally scrutinised) accounts for the last financial year will be submitted by the Management Board to the charity’s AGM.
13. Property
The title to all property which may be acquired by or on behalf of the association shall be held either in the names of the Chairperson, Treasurer and Secretary or in the names of Trustees of a Trust, or in name of a nominee company, established for that purpose. Any person or body in whose name the association's property is held shall act in accordance with the directions issued from time to time by the Management Board.
14. Repairs and insurance
The trustees must keep in repair and insure to their full value against usual risks all the buildings of the charity. (Except those buildings that are required to be kept in repair and insured by a tenant). They must insure suitably in respect of public liability and employers liability.
15. Dissolution
a) If the Management Board determines that it is necessary or appropriate that the association be dissolved, it shall convene a meeting of the members; not less than 21 days' notice of the meeting (stating the terms of the proposed resolution) shall be given.
b) If a proposal by the Management Board to dissolve the association is confirmed by a two-thirds majority of those present and voting, the committee shall have power to dispose of any assets held by or on behalf of the association. Any assets remaining after satisfaction of the debts and liabilities of the association shall be transferred to some other charitable body or bodies having objects similar to those of the association, to be decided by all committee members prior to or at the time of dissolution with priority being given to bodies conferring benefits to the local community.
On dissolution or at any other time, none of the charity’s assets may be distributed or otherwise applied except to further its charitable purposes to like-minded organisations in Chapeltown and surrounding areas who pursue similar aims and objectives.
The expression ‘charitable purpose’ shall mean a charitable purpose under section 7 of the Charities Act 2006 which is also regarded as a charitable purpose in relation to the application of the Taxes Acts
c) No part of the income or property of the association shall (otherwise than in pursuance of the association's charitable objects) be paid or transferred (directly or indirectly) to the members on dissolution.
16. Alterations to the Constitution
a) The constitution may be altered by a resolution passed by not less than two-thirds of those present and voting at a general meeting, providing due notice of the meeting, and of the resolution, is given.
b) No amendment to any clauses of the constitution may be made that would have the effect of making the charity cease to be a charity at law.
c) No amendment may be made to alter the objects if the change would undermine or work against the previous objects of the charity.
d) No amendment may be made to clause 4 or 5 without the prior written consent of the Commission.
e) Any resolution to amend a provision of Part 1 of this constitution is passed by not less than two thirds of the members present and voting at a general meeting.
f) A copy of any resolution amending this constitution shall be sent to the charities commission within twenty one days of it being passed.
17. Interpretation
In this constitution ‘connected person’ means:
1 – A child, parent, grandchild, grandparent, brother or sister of the trustee.
2 – The spouse or the civil partner of the trustee or of any person falling within sub-clause (1) above.
3 – A person carrying on business in partnership with the trustee or with any person falling within sub-clause (1) or (2) above;
4 – An institution which is controlled –
(a) By the trustee or any connected person falling within sub-clause (1), (2) or (3); or
(b) By two or more persons falling within sub-clause (4) (a), when taken together.
5 – A body corporate in which –
(a) The charity trustee or any connected person falling within sub-clauses (1) to (3) has a substantial interest; or
(b) Two or more persons falling within sub-clause (5) (a) who, when taken together, have a substantial interest.
6 – Paragraphs 2 to 4 of schedules 5 to the Charities Act 1993 apply for the purposes of interpreting the terms used in this clause.
Appendices:
1. Diversity Statement
2. Equal Opportunity Statement
3. Employment Policy
4. Safeguarding Policies:
1. Child Protection Policy
2. Vulnerable Adult Protection Policy
3. Anti-Bullying Policy
5. Disciplinary Procedure
6. Health and Safety Statement
7. Health and Statement Policy and Procedure
8. Complaints Procedure
9. Data Protection
10. Privacy Statement
11. Confidentiality Policy
12. Financial Controls Policy
All documents listed as appendices are available on request from www.cfydc.com