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
Association;
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
objects;
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
membership.
d to raise funds and invite and receive
contributions from any person or
organisation.
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
expenses.
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
Association.
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
Committee.
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
