Our Constitution

This is our current Constitution which was formally adopted on 22.3.11 :

1.          Name

             The Name of the Association shall be The Kinross Potager Garden Charitable Association                (hereinafter called the Association).

 2             Objects

 “The objects of the Association shall be:-

 a      To advance the education of children attending Kinross Primary School

        specifically on matters connected with the arts and science of garden land

        management  by encouraging their involvement and participation in the

        improvement and maintenance of the Potager Garden Kinross

 b      to promote the benefit of the public generally and especially those who live in or 

        visit the town of Kinross by maintaining and managing a garden for their use in

        the interests of social welfare and with the object of improving their conditions

        and quality of life, particularly people with disabilities and older inhabitants of

        the area; and

 c      to improve the environment of Kinross by producing and providing plant 

        material and otherwise by encouraging floral exhibits and displays for the

        benefit of its inhabitants.

 3             Powers

 In furtherance of said objects, the Association may:-

 a      employ and pay any person or persons to supervise, organise and carry on the  

        work of the Association;

 b      bring together in conference and work in liaison with representatives of

        voluntary organisations, Government departments, local and other statutory

        authorities and individuals;

 c      take out membership of such organisations as are considered to be in the interests

       of and compatible with the objects of the Association;    

 d      purchase, take on lease or exchange, hire or otherwise acquire any property and

        any rights and privileges necessary for the promotion of the said objects and   

        construct, maintain and alter any buildings necessary for the work of the


 e      make regulations for the management of any property which may be so acquired;

 f      raise funds and invite and receive contributions from person or persons

       whatsoever by way of subscription and otherwise provided that the Association

       shall not undertake permanent trading activities in raising funds for the said


 g     the organisation shall have the power to do all things necessary for the fulfilment

      of its objects.

4     Membership     

 a     Membership shall be open to all persons aged sixteen or over living in Kinross

       and its environs.

 b     Junior membership shall be open to those under the age of sixteen years who

        are interested in furthering the work of the Association.  Junior members shall

        not be entitled to vote at general meetings.

 c      Anyone participating in the Association activities who is under sixteen must be

        accompanied by a responsible adult.

 d     The Executive Committee shall have the right for good and sufficient reason to

        terminate the membership of any individual member provided that the individual  

        member concerned shall have the right to be heard by the Executive Committee

        before a final decision is made;

 5      Honorary Officers

 a      At the Annual General Meeting, the Association shall elect a convener, a vice-

        convener, a secretary and a treasurer and any such other honorary officers as the

        Association shall from time to time deem necessary.

 b     The convener and other honorary officers of the Association shall continue in

        office until they cease to be on the Executive Committee or until their successors

        are respectively elected, whichever is earlier.

 c     If the convener is absent from any meeting, the vice-convener shall preside;

        otherwise the members shall, before any other business is transacted, choose one

        of their number to preside at the meeting.

 6             Executive Committee

         The Executive Committee shall consist of not less than six and not more than 

         twelve members.  At the first and subsequent Annual General Meetings all

         members shall retire from office, but will be eligible for re-election.

 The Executive Committee shall have the power:

 a     to appoint such sub committees as it may from time to time decide, and

       determine their powers and terms of reference.

 b     to co-opt such additional members to the Executive Committee as it shall itself

       deem appropriate, but such co-opted members, who may vote at Executive

       Committee meetings, shall hold office only until the Annual General Meeting

       following their co-option.

 c     to draw up Standing Orders for the proper conduct of its meetings and rules for


 d     to raise funds and invite and receive contributions from any person or


 e    to do all such lawful things as are necessary for the attainment of  its objects.

 The management of the Association shall be vested in the Executive Committee.

7     Meetings of the Association

 a     The Annual General Meeting of the Association shall be held in May each year

       at such place as the Executive Committee shall determine.  At Annual

       General Meetings the business shall include consideration of the annual report 

       of the work done by or under the auspices of the Executive Committee; the

       approval of the  audited  accounts; election of members to serve on the Executive

       Committee; the appointment of an Independent Examiner or Auditor as

       necessary; consideration of motions submitted by the Executive Committee or by

       members and  the transaction of such other matters as may from time to time be

       necessary.  The  quorum at each Annual General Meeting shall consist of not

       fewer than five  persons of whom three must be Committee members.

 b     The Convener of the Executive Committee may at any time at his/her discretion

       call a Special General Meeting of the Association.  The Secretary shall call a

       Special General Meeting of the Association within 21 days of receiving a written

       request to do so, signed by not less than ten members and giving their reason

       for the request

     8          Rules of Procedure at all Meetings

 a     VOTING – Subject to the provisions of Clause (11) all questions arising at any

       meeting shall be decided by a majority of those present and entitled to vote

       thereat.  In the case of equality of votes the Convener shall have a second or

       casting vote.

 b     One third of the elected and co-opted members shall form a quorum at Executive

       Committee meetings. 

 c     Minute books shall be kept by the Association and the Secretary shall enter

       therein a record of all proceedings and resolutions.

9          Finance

 a     All monies collected, granted or in any way obtained will be devoted to the

       promotion of the objectives of the Association.  No remuneration or other benefit

       in monies shall be given to the Executive Committee except reimbursement of


 b     The honorary treasurer shall keep proper accounts of money received, and shall

        pay all monies not immediately required into a bank account in the name of the


 c     The accounts shall be independently examined 28 days prior to the Annual

      General Meeting by an independent examiner or auditor if required.

 d     No member of the Association may commit the Association to expenditure

        without receiving prior Executive Committee approval, and this only if there

        are enough funds available to meet the expenditure in full.

 e     All payments shall be made by cheque drawn and signed by the Honorary

       Treasurer and countersigned by a duly authorised member of the Executive



10      Dissolution

 If the Association by a majority decides at any time that, on the grounds of expense or otherwise it is necessary or advisable to dissolve the Association, the Executive Committee shall call a meeting inviting all members of the Association to attend.  Not less than 21 days notice in writing shall be given and shall state the terms of the proposed resolution.  If such decision shall be confirmed by a two thirds majority of those present and entitled to vote and voting the Executive Committee shall have power to dispose of any assets held by or in the name of the Association.  Any assets remaining after the satisfaction of any proper debts or liabilities shall be transferred to some other charity or charities having objects similar to those of the Association; the identity of the body or bodies to which such assets are transferred shall be determined by the members of the Association at, or prior to the time of dissolution.


11      Alterations to the Constitution

 Any proposal to alter this Constitution must be approved by a majority of the Executive Committee and members.

A resolution to alter this Constitution shall not be effective if the alteration would have the effect of causing the Association to cease to be recognised as a charity.


12      Interpretation

a    The expression “charity” shall mean a body which is either a “Scottish charity” 

       within the meaning of Section 13 of the Charities and Trustees Investment

      (Scotland) Act 2005 or a “charity” within the meaning of section 96 of the

      Charities Act 1993.

 b    The expression “charitable purpose” shall mean a charitable purpose under

      section 7 of the Charities and Trustees Investment (Scotland) Act 2005 which is

      also regarded as a charitable purpose in relation to the application of Sections 505

      and 506 of the Income and Corporation Taxes Act 1988