CONSTITUTION AS AGREED AT EGM

St Ives Surf Life Saving Club Charitable Incorporated Organisation

Constitution

Date of constitution (last amended): 30 April 2018

 

1. Name

The name of the Charitable Incorporated Organisation (“the CIO”) is St Ives Surf Life Saving Club.

 

2. National location of principal office

The principal office of the CIO is Porthmeor Beach, St Ives, Cornwall

 

3. Objects

The objects for which the CIO is established are to save lives and prevent drowning and to provide education and training in all areas relating to lifesaving, rescue and resuscitation for the benefit of the public in St Ives by:

  •   The promotion and provision of Surf Lifesaving qualifications and training in water safety, rescue, lifesaving, coaching, resuscitation and first aid;

  •   The promotion and organisation of lifesaving and rescue, beach and pool training, water sports and lifesaving activities for training, recreation and enjoyment that encourage fitness, team work, responsibility and excellence in pursuit of these objects;

  •   The promotion of and the provision of voluntary lifesaving and rescue services to the community and public at large;

  •   The provision of lifesaving safety awareness and prevention of drowning information;

  •   The promotion of the CIO and its activities within the local community;

  •  

4. PowersThe CIO has power to do anything which is calculated to further its objects or isconducive or incidental to doing so. In particular, the CIO’s powers includepower to:
  1. (1)  borrow money and to charge the whole or any part of its property as security for the repayment of the money borrowed. The CIO must comply as appropriate with sections 124 and 125 of the Charities Act 2011 if it wishes to mortgage land;

  2. (2)  buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use;

  3. (3)  sell, lease or otherwise dispose of all or any part of the property belonging to the CIO. In exercising this power, the CIO must comply as appropriate with sections 117 and 119-123 of the Charities Act 2011;

  4. (4)  employ and remunerate such staff as are necessary for carrying out the work of the CIO. The CIO may employ or remunerate a charity trustee only to the extent that it is permitted to do so by clause 6 (Benefits and payments to charity trustees and connected persons) and provided it complies with the conditions of those clauses;

  5. (5)  deposit or invest funds, employ a professional fund-manager, and arrange for the investments or other property of the CIO to be held in the name of a nominee, in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000;

5. Application of income and property

  1. (1)  The income and property of the CIO must be applied solely towards the promotion of the objects.

    1. (a)  A charity trustee is entitled to be reimbursed from the property of the CIO or may pay out of such property, reasonable expenses properly incurred by him or her when acting on behalf of the CIO.

    2. (b)  A charity trustee may benefit from trustee indemnity insurancecover purchased at the CIO’s expense in accordance with, andsubject to the conditions in, section 189 of the Charities Act 2011.

  2. (2)  None of the income or property of the CIO may be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to any member of the CIO. This does not prevent a member who is not also a charity trustee receiving:

    1. (a)  a benefit from the CIO as a beneficiary of the CIO;

    2. (b)  reasonable and proper remuneration for any goods or services supplied to the CIO.

  3. (3)  Nothing in this clause shall prevent a charity trustee or connected person receiving any benefit or payment which is authorised by clause 6.

6. Benefits and payments to charity trustees and connected persons

(1) General provisions
No charity trustee or connected person may:

  1. (a)  buy or receive any goods or services from the CIO on terms preferential to those applicable to members of the public;

  2. (b)  sell goods, services, or any interest in land to the CIO;

  3. (c)  be employed by, or receive any remuneration from, the CIO;

  4. (d)  receive any other financial benefit from the CIO;

unless the payment or benefit is permitted by sub-clause (2) of this clause, or authorised by the court or the prior written consent of the Charity Commission(“the Commission”) has been obtained. In this clause, a “financial benefit”means a benefit, direct or indirect, which is either money or has a monetary value.

(2) Scope and powers permitting trustees’ or connected persons’benefits

  1. (a)  A charity trustee or connected person may receive a benefit from the CIO as a beneficiary of the CIO provided that a majority of the trustees do not benefit in this way.

  2. (b)  A charity trustee or connected person may enter into a contract for the supply of services, or of goods that are supplied in connection with the provision of services, to the CIO where that is permitted in accordance with, and subject to the conditions in, section 185 to 188 of the Charities Act 2011.

  3. (c)  Subject to sub-clause (3) of this clause a charity trustee or connected person may provide the CIO with goods that are not supplied in connection with services provided to the CIO by the charity trustee or connected person.

  4. (d)  A charity trustee or connected person may receive interest on money lent to the CIO at a reasonable and proper rate which must be not more than the Bank of England bank rate (also known as the base rate).

  5. (e)  A charity trustee or connected person may receive rent for premises let by the trustee or connected person to the CIO. The amount of the rent and the other terms of the lease must be reasonable and proper. The charity trustee concerned must withdraw from any meeting at which such a proposal or the rent or other terms of the lease are under discussion.

  6. (f)  A charity trustee or connected person may take part in the normal trading and fundraising activities of the CIO on the same terms as members of the public.

(3) Payment for supply of goods only – controls
The CIO and its charity trustees may only rely upon the authority provided by

sub-clause (2)(c) of this clause if each of the following conditions is satisfied:

  1. (a)  The amount or maximum amount of the payment for the goods is set out in a written agreement between the CIO and the charitytrustee or connected person supplying the goods (“the supplier”).

  2. (b)  The amount or maximum amount of the payment for the goods does not exceed what is reasonable in the circumstances for the supply of the goods in question.

  3. (c)  The other charity trustees are satisfied that it is in the best interests of the CIO to contract with the supplier rather than with someone who is not a charity trustee or connected person. In reaching that decision the charity trustees must balance the advantage of contracting with a charity trustee or connected person against the disadvantages of doing so.

  4. (d)  The supplier is absent from the part of any meeting at which there is discussion of the proposal to enter into a contract or arrangement with him or her or it with regard to the supply of goods to the CIO.

  5. (e)  The supplier does not vote on any such matter and is not to be counted when calculating whether a quorum of charity trustees is present at the meeting.

  6. (f)  The reason for their decision is recorded by the charity trustees in the minute book.

  7. (g)  A majority of the charity trustees then in office are not in receipt of remuneration or payments authorised by clause 6.

(4) In sub-clauses (2) and (3) of this clause:

  1. (a)  “the CIO” includes any company in which the CIO:

    1. (i)  holds more than 50% of the shares; or

    2. (ii)  controls more than 50% of the voting rights attached to the

      shares; or

    3. (iii)  has the right to appoint one or more directors to the board of the company;

  2. (b)  “connected person” includes any person within the definition set outin clause 30 (Interpretation);

7. Conflicts of interest and conflicts of loyalty

A charity trustee must:

(1) declare the nature and extent of any interest, direct or indirect, which he or she has in a proposed transaction or arrangement with the CIO or in

any transaction or arrangement entered into by the CIO which has not previously been declared; and

(2) absent himself or herself from any discussions of the charity trustees in which it is possible that a conflict of interest will arise between his or her duty to act solely in the interests of the CIO and any personal interest (including but not limited to any financial interest).

Any charity trustee absenting himself or herself from any discussions 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.

 

8. Liability of members to contribute to the assets of the CIO if it is wound up

If the CIO is wound up, the members of the CIO have no liability to contribute to its assets and no personal responsibility for settling its debts and liabilities.

 

9. Membership of the CIO

(1) Admission of new members (a) Eligibility

Membership of the CIO is open to anyone who is interested in furthering its purposes, and who, by applying for membership, has indicated his, her or its agreement to become a member and acceptance of the duty of members set out in sub-clause (3) of this clause.

A member may be an individual, a corporate body, or an individual or corporate body representing an organisation which is not incorporated.

Member categories are set out in the Bye Laws as authorised in clause 26.

(b) Admission procedure

The charity trustees:

  1. (i)  may require applications for membership to be made in any reasonable way that they decide;

  2. (ii)  shall, if they approve an application for membership, notify the applicant of their decision within 21 days;

  3. (iii)  may refuse an application for membership if they believe that it is in the best interests of the CIO for them to do so;

  4. (iv)  shall, if they decide to refuse an application for membership, give the applicant their reasons for doing so, within 21 days of the decision being taken, and give the applicant the opportunity to appeal against the refusal; and

(v) shall give fair consideration to any such appeal, and shall inform the applicant of their decision, but any decision to confirm refusal of the application for membership shall be final.

(2) Transfer of membership
Membership of the CIO cannot be transferred to anyone else.

(3) Duty of members

It is the duty of each member of the CIO to exercise his or her powers as a member of the CIO in the way he or she decides in good faith would be most likely to further the purposes of the CIO.

(4) Termination of membership

  1. (a)  Membership of the CIO comes to an end if:

    1. (i)  the member dies, or, in the case of an organisation (or the representative of an organisation) that organisation ceases to exist; or

    2. (ii)  the member sends a notice of resignation to the charity trustees; or

    3. (iii)  any sum of money owed by the member to the CIO is not paid in full within six months of its falling due; or

    4. (iv)  the charity trustees decide that it is in the best interests of the CIO that the member in question should be removed from membership, and pass a resolution to that effect.

  2. (b)  Before the charity trustees take any decision to remove someone from membership of the CIO they must:

    1. (i)  inform the member of the reasons why it is proposed to remove him, her or it from membership;

    2. (ii)  give the member at least 21 clear days notice in which to make representations to the charity trustees as to why he, she or it should not be removed from membership;

    3. (iii)  at a duly constituted meeting of the charity trustees, consider whether or not the member should be removed from membership;

    4. (iv)  consider at that meeting any representations which the member makes as to why the member should not be removed; and

    5. (v)  allow the member, or the member’s representative, to makethose representations in person at that meeting, if the member so chooses.

(5) Membership fees

The CIO may require members to pay reasonable membership fees to the CIO. Management of membership fees is set out in the CIO Bye Laws as provided in clause 26 and may be changed from time with the approval of the members at a General Meeting.

(6) Informal or associate (non-voting) membership

  1. (a)  The charity trustees may create associate or other classes of non- voting membership, and may determine the rights and obligations of any such members (including payment of membership fees), and the conditions for admission to, and termination of membership of any such class of members.

  2. (b)  Other references in this constitution to “members” and “membership” do not apply to non-voting members, and non-voting members do not qualify as members for any purpose under the Charities Acts, General Regulations or Dissolution Regulations.

10. Members’ decisions

(1) General provisions

Except for those decisions that must be taken in a particular way as indicated in sub-clause (4) of this clause, decisions of the members of the CIO must be taken by vote at a general meeting as provided in sub-clause (2) of this clause

(2) Taking ordinary decisions by vote

Subject to sub-clause (4) of this clause, any decision of the members of the CIO may be taken by means of a resolution at a general meeting. Such a resolution may be passed by a simple majority of votes cast at the meeting including proxy votes

(3) Decisions that must be taken in a particular way

  1. (a)  Any decision to remove a trustee must be taken in accordance with

    clause 15(2).

  2. (b)  Any decision to amend this constitution must be taken in accordance with clause 28 of this constitution (Amendment of Constitution).

  3. (c)  Any decision to wind up or dissolve the CIO must be taken in accordance with clause 29 of this constitution (Voluntary winding up or dissolution). Any decision to amalgamate or transfer the undertaking of the CIO to one or more other CIOs must be taken in accordance with the provisions of the Charities Act 2011.

11. General meetings of members

(1) Types of general meeting

There must be an annual general meeting (AGM) of the members of the CIO. The first AGM must be held within 18 months of the registration of the CIO, and subsequent AGMs must be held at intervals of not more than 15 months. The AGM must receive the annual statement of accounts (duly audited or examinedwhere applicable) and the trustees’ annual report, and must elect trustees asrequired under clause 13.

Other general meetings of the members of the CIO may be held at any time. All general meetings must be held in accordance with the following provisions.

(2) Calling general meetings

  1. (a)  The charity trustees:

    1. (i)  must call the annual general meeting of the members of the CIO in accordance with sub-clause (1) of this clause, and identify it as such in the notice of the meeting; and

    2. (ii)  may call any other general meeting of the members at any time.

  2. (b)  The charity trustees must, within 21 days, call a general meeting of the members of the CIO if:

    1. (i)  they receive a request to do so from at least 10% of the members of the CIO; and

    2. (ii)  the request states the general nature of the business to be dealt with at the meeting, and is authenticated by the member(s) making the request.

  3. (c)  If, at the time of any such request, there has not been any general meeting of the members of the CIO for more than 12 months, then subclause (b)(i) of this clause shall have effect as if 5% were substituted for 10%.

  4. (d)  Any such request may include particulars of a resolution that may properly be proposed, and is intended to be proposed, at the meeting.

  5. (e)  A resolution may only properly be proposed if it is lawful, and is not defamatory, frivolous or vexatious.

  6. (f)  Any general meeting called by the charity trustees at the request of the members of the CIO must be held within 28 days from the date on which it is called.

  7. (g)  If the charity trustees fail to comply with this obligation to call a general meeting at the request of its members, then the members who requested the meeting may themselves call a general meeting.

  1. (h)  A general meeting called in this way must be held not more than 3 months after the date when the members first requested the meeting.

  2. (i)  The CIO must reimburse any reasonable expenses incurred by the members calling a general meeting by reason of the failure of the charity trustees to duly call the meeting, but the CIO shall be entitled to be indemnified by the charity trustees who were responsible for such failure.

(3) Notice of general meetings

  1. (a)  The charity trustees, or, as the case may be, the relevant members of the CIO, must give at least 14 clear days notice of any general meeting to all of the members, and to any charity trustee of the CIO who is not a member.

  2. (b)  If it is agreed by not less than 90% of all members of the CIO, any resolution may be proposed and passed at the meeting even though the requirements of sub-clause (3) (a) of this clause have not been met. This sub-clause does not apply where a specified period of notice is strictly required by another clause in this constitution, by the Charities Act 2011 or by the General Regulations.

  3. (c)  The notice of any general meeting must:

    1. (i)  state the time and date of the meeting:

    2. (ii)  give the address at which the meeting is to take place;

    3. (iii)  give particulars of any resolution which is to be moved at the meeting, and of the general nature of any other business to be dealt with at the meeting; and

    4. (iv)  if a proposal to alter the constitution of the CIO is to be considered at the meeting, include the text of the proposed alteration;

    5. (v)  include, with the notice for the AGM, the annual statement ofaccounts and trustees’ annual report, details of personsstanding for election or re-election as trustee, or where allowed under clause 22 (Use of electronic communication),details of where the information may be found on the CIO’swebsite.

  4. (d)  Proof that an envelope containing a notice was properly addressed, prepaid and posted; or that an electronic form of notice was properly addressed and sent, shall be conclusive evidence that the notice was given. Notice shall be deemed to be given 48 hours after it was posted or sent.

  5. (e)  The proceedings of a meeting shall not be invalidated because a member who was entitled to receive notice of the meeting did not receive it because of accidental omission by the CIO.

(4) Chairing of general meetings

The person nominated as chair by the charity trustees under clause 19(2) (Chairing of meetings), shall, if present at the general meeting and willing to act, preside as chair of the meeting. Subject to that, the members of the CIO who are present at a general meeting shall elect a chair to preside at the meeting.

  1. (5)  Quorum at general meetings

    1. (a)  No business may be transacted at any general meeting of the members of the CIO unless a quorum is present when the meeting starts.

    2. (b)  Subject to the following provisions, the quorum for general meetings shall be 12 members. An organisation represented by a person present at the meeting in accordance with sub-clause (7) of this clause, is counted as being present in person.

    3. (c)  If the meeting has been called by or at the request of the members and a quorum is not present within 15 minutes of the starting time specified in the notice of the meeting, the meeting is closed.

    4. (d)  If the meeting has been called in any other way and a quorum is not present within 15 minutes of the starting time specified in the notice of the meeting, the chair must adjourn the meeting. The date, time and place at which the meeting will resume must eitherbe announced by the chair or be notified to the CIO’s members atleast seven clear days before the date on which it will resume.

    5. (e)  If a quorum is not present within 15 minutes of the start time of the adjourned meeting, the member or members present at the meeting constitute a quorum.

    6. (f)  If at any time during the meeting a quorum ceases to be present, the meeting may discuss issues and make recommendations to the trustees but may not make any decisions. If decisions are required which must be made by a meeting of the members, the meeting must be adjourned.

  2. (6)  Voting at general meetings

    1. (a)  Any decision other than one falling within clause 10(3) (Decisions that must be taken in a particular way) shall be taken by a simple majority of votes cast at the meeting including proxy votes. Every member has one vote.

    2. (b)  A resolution put to the vote of a meeting shall be decided on a show of hands, unless (before or on the declaration of the result of the show of hands) a poll is duly demanded. A poll may be demanded by the chair or by at least 10% of the members present in person or by proxy at the meeting.

    3. (c)  A poll demanded on the election of a person to chair the meeting or on a question of adjournment must be taken immediately. A poll on any other matter shall be taken, and the result of the poll shall be

announced, in such manner as the chair of the meeting shall decide, provided that the poll must be taken, and the result of the poll announced, within 30 days of the demand for the poll.

  1. (d)  A poll may be taken:

    1. (i)  at the meeting at which it was demanded; or

    2. (ii)  at some other time and place specified by the chair; or

    3. (iii)  through the use of postal or electronic communications.

  2. (e)  In the event of an equality of votes, whether on a show of hands or on a poll, the chair of the meeting shall have a second, or casting vote.

  3. (f)  Any objection to the qualification of any voter must be raised at the meeting at which the vote is cast and the decision of the chair of the meeting shall be final.

(7) Adjournment of meetings

The chair may with the consent of a meeting at which a quorum is present (and shall if so directed by the meeting) adjourn the meeting to another time and/or place. No business may be transacted at an adjourned meeting except business which could properly have been transacted at the original meeting.

(8) Proxy Voting

  1. (a)  Any member of the CIO may appoint another person as a proxy to exercise all or any of that member’s rights to attend, speak andvote at a general meeting of the CIO. Proxies must be appointed bya notice in writing (a “proxy notice”) which:

    1. (i)  states the name and address of the member appointing the proxy;

    2. (ii)  identifies the person appointed to be that member’s proxyand the general meeting in relation to which that person is appointed;

    3. (iii)  is signed by or on behalf of the member appointing the proxy, or is authenticated in such manner as the CIO may determine; and

    4. (iv)  is delivered to the CIO in accordance with the constitution and any instructions contained in the notice of the general meeting to which they relate.

  2. (b)  The CIO may require proxy notices to be delivered in a particular form, and may specify different forms for different purposes.

  3. (c)  Proxy notices may (but do not have to) specify how the proxy appointed under them is to vote (or that the proxy is to abstain from voting) on one or more resolutions.

  4. (d)  Unless a proxy notice indicates otherwise, it must be treated as:

  1. (i)  allowing the person appointed under it as a proxy discretion as to how to vote on any ancillary or procedural resolutions put to the meeting; and

  2. (ii)  appointing that person as a proxy in relation to any adjournment of the general meeting to which it relates as well as the meeting itself.

  1. (e)  A member who is entitled to attend, speak or vote (either on a show of hands or on a poll) at a general meeting remains so entitled in respect of that meeting or any adjournment of it, even though a valid proxy notice has been delivered to the CIO by or on behalf of that member.

  2. (f)  An appointment under a proxy notice may be revoked by delivering to the CIO a notice in writing given by or on behalf of the member by whom or on whose behalf the proxy notice was given.

  3. (g)  A notice revoking a proxy appointment only takes effect if it is delivered before the start of the meeting or adjourned meeting to which it relates.

  4. (h)  If a proxy notice is not signed or authenticated by the member appointing the proxy, it must be accompanied by written evidencethat the person who signed or authenticated it on that member’sbehalf had authority to do so.

12. Charity trustees
(1) Functions and duties of charity trustees

The charity trustees shall manage the affairs of the CIO and may for that purpose exercise all the powers of the CIO. It is the duty of each charity trustee:

  1. (a)  to exercise his or her powers and to perform his or her functions as a trustee of the CIO in the way he or she decides in good faith would be most likely to further the purposes of the CIO; and

  2. (b)  to exercise, in the performance of those functions, such care and skill as is reasonable in the circumstances having regard in particular to:

    1. (i)  any special knowledge or experience that he or she has or holds himself or herself out as having; and

    2. (ii)  if he or she acts as a charity trustee of the CIO in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession.

(2) Eligibility for trusteeship

(a) Every charity trustee must be a natural person (i.e. not an organisation).

  1. (b)  No one may be appointed as a charity trustee: if he or she is under the age of 16 years; or if he or she would automatically cease to hold office under the provisions of clause 15(1)(f).

  2. (c)  No one is entitled to act as a charity trustee whether on appointment or on any re-appointment until he or she has expressly acknowledged, in whatever way the charity trustees decide, his or her acceptance of the office of charity trustee.

  3. (d)  At least one of the trustees of the CIO must be 18 years of age or over. If there is no trustee aged at least 18 years, the remaining trustee or trustees may act only to call a meeting of the charity trustees, or appoint a new charity trustee.

  1. (3)  Number of charity trustees

    1. (a)  There must be at least three charity trustees. If the number falls below this minimum, the remaining trustee or trustees may act only to call a meeting of the charity trustees, or appoint a new charity trustee.

    2. (b)  The maximum number of charity trustees is 8. The charity trustees may not appoint any charity trustee if as a result the number of charity trustees would exceed the maximum.

  2. (4)  First charity trustees

The first charity trustees of the CIO are 

  •   Shelley Thornton

  •   Karen O’Dell

  •   Chloe Lorraine

  •   Christine Simpson

  •   Steve Elliot

  •   James Fox

  •   Rachel Perkin

  •   Nathalie Corsi


13. Appointment of charity trustees
  1. (1)  At the first annual general meeting of the members of the CIO all the charity trustees shall retire from office;

  2. (2)  At every subsequent annual general meeting of the members of the CIO, one-third of the charity trustees shall retire from office. If the number of charity trustees is not three or a multiple of three, then the number nearest to one-third shall retire from office, but if there is only one charity trustee, he or she shall retire;

  1. (3)  The charity trustees to retire by rotation shall be those who have been longest in office since their last appointment or reappointment. If any trustees were last appointed or reappointed on the same day those to retire shall (unless they otherwise agree among themselves) be determined by lot;

  2. (4)  The vacancies so arising may be filled by the decision of the members at the annual general meeting; any vacancies not filled at the annual general meeting may be filled as provided in sub-clause (5) of this clause;

  3. (5)  The members or the charity trustees may at any time decide to appoint a new charity trustee, whether in place of a charity trustee who has retired or been removed in accordance with clause 15 (Retirement and removal of charity trustees), or as an additional charity trustee, provided that the limit specified in clause 12(3) on the number of charity trustees would not as a result be exceeded;

  4. (6)  A person so appointed by the members of the CIO shall retire in accordance with the provisions of sub-clauses (2) and (3) of this clause. A person so appointed by the charity trustees shall retire at the conclusion of the next annual general meeting after the date of his or her appointment, and shall not be counted for the purpose of determining which of the charity trustees is to retire by rotation at that meeting.

14. Information for new charity trustees

The charity trustees will make available to each new charity trustee, on or before his or her first appointment:

  1. (a)  a copy of this constitution and any amendments made to it; and

  2. (b)  a copy of the CIO’s latest trustees’ annual report and statement ofaccounts.

15. Retirement and removal of charity trustees

(1) A charity trustee ceases to hold office if he or she:

  1. (a)  retires by notifying the CIO in writing (but only if enough charity trustees will remain in office when the notice of resignation takes effect to form a quorum for meetings);

  2. (b)  is absent without the permission of the charity trustees from all their meetings held within a period of six months and the trustees resolve that his or her office be vacated;

  3. (c)  dies;

  4. (d)  in the written opinion, given to the company, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a director and may remain so for more than three months;

  1. (e)  is removed by the members of the CIO in accordance with sub- clause (2) of this clause; or

  2. (f)  is disqualified from acting as a charity trustee by virtue of section 178-180 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision).

  1. (2)  A charity trustee shall be removed from office if a resolution to remove that trustee is proposed at a general meeting of the members called for that purpose and properly convened in accordance with clause 11, and the resolution is passed by a two-thirds majority of votes cast at the meeting.

  2. (3)  A resolution to remove a charity trustee in accordance with this clause shall not take effect unless the individual concerned has been given atleast 14 clear days’ notice in writing that the resolution is to be proposed,specifying the circumstances alleged to justify removal from office, and has been given a reasonable opportunity of making oral and/or written representations to the members of the CIO.

16. Re-appointment of charity trustees

Any person who retires as a charity trustee by rotation or by giving notice to the CIO is eligible for reappointment.

 

17. Taking of decisions by charity trustees

Any decision may be taken either:

  1. (a)  at a meeting of the charity trustees; or

  2. (b)  by resolution in writing or electronic form agreed by a majority of all of the charity trustees, which may comprise either a single document or several documents containing the text of the resolution in like form to which the majority of all of the charity trustees has signified their agreement. Such a resolution shall be effective provided that

    1. (i)  a copy of the proposed resolution has been sent, at or as near as reasonably practicable to the same time, to all of the charity trustees; and

    2. (ii)  the majority of all of the charity trustees has signified agreement to the resolution in a document or documents which has or have been authenticated by their signature, by a statement of their identity accompanying the document or documents, or in such other manner as the charity trustees have previously resolved, and delivered to the CIO at its principal office or such other place as the trustees may resolve within 28 days of the circulation date.

18. Delegation by charity trustees

  1. (1)  The charity trustees may delegate any of their powers or functions to a committee or committees, and, if they do, they must determine the terms and conditions on which the delegation is made. The charity trustees may at any time alter those terms and conditions, or revoke the delegation.

  2. (2)  This power is in addition to the power of delegation in the General Regulations and any other power of delegation available to the charity trustees, but is subject to the following requirements 

    1. (a)  a committee may consist of two or more persons, but at least one member of each committee must be a charity trustee;

    2. (b)  the acts and proceedings of any committee must be brought to the attention of the charity trustees as a whole as soon as is reasonably practicable; and

    3. (c)  the charity trustees shall from time to time review the arrangements which they have made for the delegation of their powers.

19. Meetings and proceedings of charity trustees

  1. (1)  Calling meetings

    1. (a)  Any charity trustee may call a meeting of the charity trustees.

    2. (b)  Subject to that, the charity trustees shall decide how their meetings are to be called, and what notice is required.

  2. (2)  Chairing of meetings

The charity trustees may appoint one of their number to chair their meetings and may at any time revoke such appointment. If no-one has been so appointed, or if the person appointed is unwilling to preside or is not present within 10 minutes after the time of the meeting, the charity trustees present may appoint one of their number to chair that meeting.

(3) Procedure at meetings

  1. (a)  No decision shall be taken at a meeting unless a quorum is present at the time when the decision is taken. The quorum is two charity trustees, or the number nearest to one third of the total number of charity trustees, whichever is greater, or such larger number as the charity trustees may decide from time to time. A charity trustee shall not be counted in the quorum present when any decision is made about a matter upon which he or she is not entitled to vote.

  2. (b)  Questions arising at a meeting shall be decided by a majority of those eligible to vote.

(c) In the case of an equality of votes, the chair shall have a second or casting vote.

(d) Proxy votes are not permitted.

(4) Participation in meetings by electronic means

  1. (a)  A meeting may be held by suitable electronic means agreed by the charity trustees in which each participant may communicate with all the other participants.

  2. (b)  Any charity trustee participating at a meeting by suitable electronic means agreed by the charity trustees in which a participant or participants may communicate with all the other participants shall qualify as being present at the meeting.

  3. (c)  Meetings held by electronic means must comply with rules for meetings, including chairing and the taking of minutes.

20. Saving provisions (Validity of Trustees decisions)

  1. (1)  Subject to sub-clause (2) of this clause, all decisions of the charity trustees, or of a committee of charity trustees, shall be valid notwithstanding the participation in any vote of a charity trustee:

    1. (a)  who was disqualified from holding office;

    2. (b)  who had previously retired or who had been obliged by the constitution to vacate office;

    3. (c)  who was not entitled to vote on the matter, whether by reason of a conflict of interest or otherwise;

    if, without the vote of that charity trustee and that charity trustee being counted in the quorum, the decision has been made by a majority of the charity trustees at a quorate meeting.

  2. (2)  Sub-clause (1) of this clause does not permit a charity trustee to keep any benefit that may be conferred upon him or her by a resolution of the charity trustees or of a committee of charity trustees if, but for clause (1), the resolution would have been void, or if the charity trustee has not complied with clause 7 (Conflicts of interest).

21. Execution of documents

  1. (1)  The CIO shall execute documents by signature

  2. (2)  A document is validly executed by signature if it is signed by at least two of the charity trustees.

22. Use of electronic communications

(1) General

The CIO will comply with the requirements of the Communications Provisions in the General Regulations and in particular:

  1. (a)  the requirement to provide within 21 days to any member on request a hard copy of any document or information sent to the member otherwise than in hard copy form;

  2. (b)  any requirements to provide information to the Commission in a particular form or manner.

(2) To the CIO

Any member or charity trustee of the CIO may communicate electronically with the CIO to an address specified by the CIO for the purpose, so long as the communication is authenticated in a manner which is satisfactory to the CIO.

(3) By the CIO

  1. (a)  Any member or charity trustee of the CIO, by providing the CIO with his or her email address or similar, is taken to have agreed to receive communications from the CIO in electronic form at that address, unless the member has indicated to the CIO his or her unwillingness to receive such communications in that form.

  2. (b)  The charity trustees may, subject to compliance with any legal requirements, by means of publication on its website 

(i) (ii) (c)

provide the members with the notice referred to in clause 11(3) (Notice of general meetings); and

give charity trustees notice of their meetings in accordance with clause 19(1) (Calling meetings).

The charity trustees must:

(i) take reasonable steps to ensure that members and charity trustees are promptly notified of the publication of any such notice or proposal;

(ii) send any such notice or proposal in hard copy form to any member or charity trustee who has not consented to receive communications in electronic form.

 

23. Keeping of Registers

The CIO must comply with its obligations under the General Regulations in relation to the keeping of, and provision of access to, registers of its members and charity trustees.

 

24. Minutes

The charity trustees must keep minutes of all:

  1. (1)  appointments of officers made by the charity trustees;

  2. (2)  proceedings at general meetings of the CIO;

  3. (3)  meetings of the charity trustees and committees of charity trustees including:

    1. (a)  the names of the trustees present at the meeting;

    2. (b)  the decisions made at the meetings; and

    3. (c)  where appropriate the reasons for the decisions;

  4. (4)  decisions made by the charity trustees otherwise than in meetings.

25. Accounting records, accounts, annual reports and returns, register maintenance

  1. (1)  The charity trustees must comply with the requirements of the Charities Act 2011 with regard to the keeping of accounting records to the preparation and scrutiny of statements of accounts, and to the preparation of annual reports and returns. The statements of accounts, reports and returns must be sent to the Charity Commission, regardless of the income of the CIO, within 10 months of the financial year end.

  2. (2)  The charity trustees must comply with their obligation to inform the Commission within 28 days of any change in the particulars of the CIO entered on the Central Register of Charities.

26. Rules

The charity trustees may from time to time make such reasonable and proper rules or bye laws as they may deem necessary or expedient for the proper conduct and management of the CIO, but such rules or bye laws must not be inconsistent with any provision of this constitution. Copies of any such rules or bye laws currently in force must be made available to any member of the CIO on request.

 

27. Disputes

If a dispute arises between members of the CIO about the validity or propriety of anything done by the members under this constitution, and the dispute cannot

be resolved by agreement, the parties to the dispute must first try in good faith to settle the dispute by mediation before resorting to litigation.

 

28. Amendment of constitution

As provided by clauses 224-227 of the Charities Act 2011:

  1. (1)  This constitution can only be amended:

    1. (a)  by resolution agreed in writing by all members of the CIO; or

    2. (b)  by a resolution passed by a 75% majority of votes cast at a general meeting of the members of the CIO.

  2. (2)  Any alteration of clause 3 (Objects), clause 29 (Voluntary winding up or dissolution), this clause, or of any provision where the alteration would provide authorisation for any benefit to be obtained by charity trustees or members of the CIO or persons connected with them, requires the prior written consent of the Charity Commission.

  3. (3)  No amendment that is inconsistent with the provisions of the Charities Act 2011 or the General Regulations shall be valid.

  4. (4)  A copy of any resolution altering the constitution, together with a copy ofthe CIO’s constitution as amended, must be sent to the Commissionwithin 15 days from the date on which the resolution is passed. The amendment does not take effect until it has been recorded in the Register of Charities.

29. Voluntary winding up or dissolution

  1. (1)  As provided by the Dissolution Regulations, the CIO may be dissolved by resolution of its members. Any decision by the members to wind up or dissolve the CIO can only be made:

    1. (a)  at a general meeting of the members of the CIO called in accordance with clause 11 (Meetings of Members), of which not lessthan 14 days’ notice has been given to those eligible to attend andvote:

      1. (i)  by a resolution passed by a 75% majority of those voting, or

      2. (ii)  by a resolution passed by decision taken without a vote and without any expression of dissent in response to the question put to the general meeting; or

    2. (b)  by a resolution agreed in writing by all members of the CIO.

  2. (2)  Subject to the payment of all the CIO’s debts:

(a) Any resolution for the winding up of the CIO, or for the dissolution of the CIO without winding up, may contain a provision directing how any remaining assets of the CIO shall be applied.

  1. (b)  If the resolution does not contain such a provision, the charity trustees must decide how any remaining assets of the CIO shall be applied.

  2. (c)  In either case the remaining assets must be applied for charitable purposes the same as or similar to those of the CIO.

  1. (3)  The CIO must observe the requirements of the Dissolution Regulations in applying to the Commission for the CIO to be removed from the Register of Charities, and in particular:

    1. (a)  the charity trustees must send with their application to the Commission:

      1. (i)  a copy of the resolution passed by the members of the CIO;

      2. (ii)  a declaration by the charity trustees that any debts and other liabilities of the CIO have been settled or otherwise provided for in full; and

      3. (iii)  a statement by the charity trustees setting out the way in which any property of the CIO has been or is to be applied prior to its dissolution in accordance with this constitution;

    2. (b)  the charity trustees must ensure that a copy of the application is sent within seven days to every member and employee of the CIO, and to any charity trustee of the CIO who was not privy to the application.

  2. (4)  If the CIO is to be wound up or dissolved in any other circumstances, the provisions of the Dissolution Regulations must be followed.

30. Interpretation

In this constitution:connected person” means:

  1. (a)  a child, parent, grandchild, grandparent, brother or sister of the charity trustee;

  2. (b)  the spouse or civil partner of the charity trustee or of any person falling within sub-clause (a) above;

  3. (c)  a person carrying on business in partnership with the charity trustee or with any person falling within sub-clause (a) or (b) above;

  4. (d)  an institution which is controlled 

    1. (i)  by the charity trustee or any connected person falling within sub-clause (a), (b), or (c) above; or

    2. (ii)  by two or more persons falling within sub-clause (d)(i), when taken together

  5. (e)  a body corporate in which 

  1. (i)  the charity trustee or any connected person falling within sub-clauses (a) to (c) has a substantial interest; or

  2. (ii)  two or more persons falling within sub-clause (e)(i) who, when taken together, have a substantial interest.

Section 118 of the Charities Act 2011 apply for the purposes of interpreting the terms used in this constitution.

General Regulations” means the Charitable Incorporated Organisations (General) Regulations 2012.

Dissolution Regulations” means the Charitable Incorporated Organisations(Insolvency and Dissolution) Regulations 2012.

The “Communications Provisions” means the Communications Provisions inPart 9 of the General Regulations.

charity trustee” means a charity trustee of the CIO.
A “
poll” means a counted vote or ballot, usually (but not necessarily) in writing.

CONSTITUTION

 

Vision Statement 

The St.Ives Surf Life Saving Club will strive to succeed and achieve at the highest level in: Surf Lifesaving, Competition and Junior Development.

To promote a healthy and enjoyable lifestyle, lifelong friendships through a sense of family and team spirit.

To ensure we are a trusted and viable volunteer organisation that uses its resources wisely.

 

 

Our Values.

 

St.Ives Surf Life Saving Club value these attributes in all members: vigilance, integrity, equality, tolerance, respect, achievement, trust, honesty, loyalty, comradery, bravery, dedication and strength of body & mind.

A. NAME&AFFILIATION

1. The name of the Club is St. Ives Surf Life Saving Club ("the Club").
2. The Club shall be affiliated to Surf Life Saving Association of Great Britain.

 

B. ADMINISTRATION

1Subject to the matters set out below, the Club and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee, constituted by Clause of this constitution ("the Executive Committee").

Any reference to the male gender written in this Constitution can also be read as the female gender unless specifically stated.

 

C. OBJECTS

The Club is established to save lives by (prevention or by rescue from the beach) in the area comprising St Ives and its immediate area.

To achieve this aim the club will:-

1. Patrol Porthmeor Beach and render all possible aid to those in distress.
2. Promote, improve and control the work of life saving, resuscitation and first aid. 3. To encourage the provision of facilities for young people to participate in

  1. (i)  Organised life saving as a voluntary vital public service.

  2. (ii)  Beach and water sports for enjoyment and recreation.

4. Promote and improve standards of water safety.
5. Study, develop and improve life saving methods and equipment.
6. Organise competition and fundraising activities to facilitate the attainment of the above objects.

 

D. POWERS

1. In furtherance of the objects but not otherwise the Executive Committee may exercise the following general powers:

  1. (i)  Power to raise funds and invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform, to any relevant requirements of the law;

  2. (ii)  Power to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objects or of similar charitable purposes and to exchange information and advice.

  3. (iii)  Power to establish or support any charitable trusts, associations or institutions formed for all or any of the objects;

  4. (iv)  Power to appoint and constitute such advisory committees as the Executive Committee may think fit;

  5. (v)  Power to do all such other lawful things as are necessary for the achievements of the objectives.

2. In furtherance of the said objects but not otherwise the Club through its Executive Committee shall have the following specific powers:

  1. (i)  Power to promote research into subjects directly connected with the objects of the Club and to publish the results of any such research;

  2. (ii)  Power to act as a co-ordinating body and to co-operate with the local authority, planning committees, sanitary, drainage and all other local and statutory authorities, voluntary organisations, charities and persons having aims similar to those of the Club;

  3. (iii)  Power to promote or assist in promoting activities of a charitable nature throughout the area of benefit;

  4. (iv)  Power to publish papers, reports and other literature;

  5. (v)  Power to make surveys and prepare maps and plans and collect

    information in relation to any place, erection or building within the area of

    benefit;

  6. (vi)  Power to hold meetings, lectures and exhibitions;

  7. (vii)  Power to educate public opinion and to give advice and information to

    residents and tourists in the area of interest as and when requested;

  8. (viii)  Power to take and accept any gifts of property, whether subject to any

    special trusts or not;

  9. (ix)  Power to sell, let, mortgage, dispose of or turn to account all or any of the

    property or funds of the Charity as shall be necessary;

  10. (x)  Power to borrow or raise money for the objects of the Charity on such

    terms and on such security as the Executive Committee shall think fit, but so that the liability of individual members of the Charity shall in no case extend beyond the amount of their respective annual subscriptions

  11. (xi) Power to do all such other things as are necessary for the attainment of the said objects.

 

E. MEMBERSHIP

1. Membership of the Club shall be open to any person interested in furthering the objects of the Club and who has paid the appropriate annual subscription. There are various categories of membership:

  1. (i)  SENIOR ACTIVE - over the age of 16 years.

  2. (ii)  SENIOR SEMI-ACTIVE- as above, but not competition entries.

  3. (iii)  JUNIOR ACTIVE- 16 years or less attained before 1st May each year, but

    more than 12.

  4. (iv)  NIPPER ACTIVE- less than 13 years, but more than 6 years.

2. The rights and obligations of each category of membership shall be decided by the Executive Committee and approved by a General Meeting, after which they will be posted in a prominent position in the Club-House.

3. The Club may elect persons as SOCIAL MEMBERS who show interest in supporting the objects of the Club but do not wish to meet the obligations of active membership as determined by the Executive Committee. They shall be eligible to attend meetings of the Club and to use the Club House only. They will not be eligible to use any of the Club's equipment or to carry out any life-saving activity in the water or on the beach on behalf of the Club.

4. Any person wishing to join the club as a NEW MEMBER is required to complete the Club's official application form. This will carry the signature of the applicant and in the case of Junior or Nipper members has to also have the counter-signature of a responsible parent or guardian of the applicant.

5. Subscriptions are due on 1st May of each year and cover membership until 30 April of the following year. 1st May is also the date used to separate the various age categories of membership. The level of subscriptions are decided each year by a general meeting on the recommendation of Executive Committee.

6. The Executive Committee may by unanimous vote and for good reason terminate the membership of any individual: provided that the individual concerned shall have the right to be heard by the Executive Committee, accompanied by a friend, before a final decision is made.

7. The executive committee may by unanimous vote and for good reason refuse to accept the membership of any individual.

8. Only SENIOR ACTIVE members have the right to vote at a general meeting.

 

9. Any colours or insignia to be used by Club Members are decided by the Executive Committee and ratified by a General Meeting.

 

F. HONORARY OFFICERS

1. Nominations for the election of officers shall be made at least 14 days before the Annual General Meeting of the Club. Such nominations shall be supported by a seconder and the consent of the proposed nominee must first have been obtained. The elections of Officers shall be completed prior to the election of further Committee members.

2. The Officers of the Club shall consist of:

Chairman

Honorary Secretary Honorary Treasurer Club Captain

All of whom shall relinquish their office every year and shall be eligible for re-election at the Annual General Meeting. A President and Vice-Presidents may also be elected at a General meeting of the Club, for periods to be decided at such a meeting. The Executive Committee shall have the power to fill casual vacancies occurring among the officers of the Society.

3. Other officers may be co-opted by the Executive Committee to cover essential functions related to the objects of the Club. Any such officer co-opted under the authority of the Executive Committee shall be subject to the rules of conduct and compliance stipulated in this constitution.

 

G. EXECUTIVE COMMITTEE

1. The Executive Committee shall consist of not less than six members and not more than twelve members being:

  1. (i)  The honorary officers specified in the preceding clause;

  2. (ii)  Not less than two and not more than eight members elected at the annual general meeting who shall hold office from the conclusion of that meeting;

  3. (iii)  Nominated members.

2. The Executive Committee may in addition appoint not more than six co-opted members but so that no-one may be appointed as a co-opted member if, as a result, more than one third of the members of the Executive Committee would be co-opted members. Each appointment of a co-opted member shall be made at a special meeting of the executive Committee called under clause and shall take effect from the end of that meeting unless the appointment is to fill a place which has not then been vacated in which case the appointment shall run from the date when the post becomes vacant.

3. All the members of the Executive 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.

4. The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment of or qualification of a member.

5. The Club Captain as elected, or his nominated substitute will be a full member and shall have charge of the day to day running of the Club. He will have power to frame standing orders and regulations which may he necessary for this purpose and for the achievements of the aims of the Club. Any such orders and regulations shall be binding upon all members unless and until over-ruled on appeal to the Committee, but when such orders and regulations are made they must be placed before the Committee at the next available meeting.

6. Nobody shall be appointed as a member of the Executive Committee who is aged under 16 years or who would if appointed be disqualified under the provisions of the following clause.

7. No person shall be entitled to act as a member of the Executive Committee whether on a first or on any subsequent entry into office until they have declared an acceptance and a willingness to act in the trusts of the Club as a registered charity.

 

H. TERMINATION OF MEMBERSHIP OF EXECUTIVE COMMITTEE

A member of the Executive Committee shall cease to hold office if he or she:

  1. (1)  Is disqualified from acting as a member of the Executive Committee by virtue of section 45 of the Charities Act 1992 (or any statutory re-enactment or modification of that provision);

  2. (2)  Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;

  3. (3)  Is absent without the permission of the Executive Committee from all their meetings held within a period of six months and

  4. (4)  Notifies to the Executive Committee a wish to resign (but only if at least three members of the Executive Committee will remain in office when the notice of resignation is to take effect).

I. EXECUTIVE COMMITTEE MEMBERS NOT TO BE PERSONALLY INTERESTED

No member of the Executive Committee shall acquire any interest in property belonging to the Club (otherwise than as a trustee for the Charity) or receive remuneration or be interested (otherwise than as a member of the Executive Committee) in any contract entered into by the Executive Committee.

 

J. MEETINGS AND PROCEEDINGS OF THE EXECUTIVE COMMITTEE

1. The Executive Committee shall hold at least three ordinary meetings each year. A special meeting may be called at any time by the Chairman or by any two members of the Executive Committee upon not less than 4 days’ notice being given to the other members of the Executive Committee of the matters to be discussed but if the matters include the appointment of a co-opted member then not less than 14 days’notice must be given.

2. The Chairman shall act as chairman at meetings of the Executive Committee. If the chairman is absent from any meeting, the members of the Executive Committee present shall choose one of their number to be chairman of the meeting before any other business is transacted.

3. There shall be a quorum when at least one third of the number of members of the Executive Committee for the time being or three members of the Executive Committee, whichever is the greater, are present at a meeting.

4. Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the question but in the case of equality of votes the chairman of the meeting shall have a second or casting vote.

5. The Executive Committee shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Executive Committee and any sub-committee.

6. The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.

7. The Executive Committee may appoint one or more sub-committees for the purpose of making any enquiry or supervising or performing any function or duty which in the opinion of the Executive Committee would be more conveniently undertaken or carried out by, a sub-committee: provided that all acts and proceedings of any such subcommittees shall be fully and promptly reported to the - Executive Committee.

 

K. RECEIPTS AND EXPENDITURE

1. The funds of the Club, including all donations, contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the Club at such bank as the Executive Committee shall from time to time decide. All cheques drawn upon the account must be signed by at least two nominated members of the Executive Committee.

2. The fund belonging to the Club shall be applied only in furthering the objects of the Club.

 

L. PROPERTY

1. Subject to the provisions of sub-clause- (2) of this clause, the Executive Committee shall cause the title to:

(i) All land held by or in trust for the club which is not vested in the official Custodian for Charities; and all investments held by or on behalf of the Club;

To be vested either in a corporation entitled to act as a custodian trustee or in not less than three individuals appointed by them as holding trustees. Holding trustees may be removed by the Executive Committee at their pleasure and shall act in accordance with the lawful directions of the Executive Committee. Provided they act only in accordance with the lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.

2. If a corporation entitled to act as a custodian trustee has not been appointed to hold the property of the Club, the Executive Committee may permit any investments held by or in trust for the Club to be held in the name of a clearing bank, trust corporation or any stockbroking company which is a member of the International Stock Exchange (or any subsidiary of any such stockbroking company) as nominee for the Executive Committee, and may pay such a nominee reasonable and proper remuneration for acting as such.

 

M. ACCOUNTS

The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to:

  1. (i)  The keeping of accounting records for the Club;

  2. (ii)  The preparation of annual statements of account for the Club;

  3. (iii)  The auditing or independent examination of the statements of account of

    the Club;

  4. (iv)  The transmission of the statements of account of the Club to the

    Commissioners.

N. ANNUAL REPORT

The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its' transmission to its' Commissioners.

 

O. ANNUAL RETURN

The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Commissioners.

 

P. ANNUAL GENERAL MEETING

1. There shall be an annual general meeting of the Club which shall be held between 1 February and 30 April in each year or as soon as practicable thereafter.

2. Every Annual General Meeting shall be' called by the Executive Committee. The secretary shall give at least 14 days’ notice of the annual general meeting to all members of the Club. All the members of the Club shall be entitled to attend but only SENIOR ACTIVE members may vote at the meeting.

3. The elected chairman shall be the chairman of subsequent annual general meetings, but if he or she is not present, before any other business is transacted, the persons present shall appoint a chairman of the meeting.

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

 

Q. SPECIAL GENERAL MEETINGS

The Executive Committee may call a special general meeting of the Club at any time. If at least ten members request such a meeting in writing stating the business to be considered, the secretary shall call such a meeting. At least 21 days’ noticemust be given. The notice must state the business to be discussed.

 

R. PROCEDURE AT GENERAL MEETINGS

  1. (i)  The secretary or other person specially appointed by the Executive Committee shall keep a full record of proceedings at every general meeting of the Club.

  2. (ii)  There shall be a quorum when at least twelve members of the Club are present at any general meeting.

S. NOTICES

Any notice required to be served on any member of the Club shall be in writing and shall be served by the secretary or the Executive Committee on any member either personally or by sending it through the post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within ten days of posting.

 

T. ALTERATIONS TO THE CONSTITUTION

1. Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.

2. No amendment may be made to clause A (the name of the club clause) clause C (the objects clause), clause I (Executive Committee members not to be personally interested clause), clause U (the dissolution clause) or this clause without the prior consent in writing of the Charity Commissioners.

3. No amendment may be made which would have the effect of making the Club cease to be a charity at law.

4. The Executive Committee should promptly send to the Charity Commissioners a copy of any amendments made under this clause.

 

U. DRESS CODE. To be finalised at AGM
(i). Club colours are to be blue/white
(ii) Club hats
(iii) T-shirts. T-shirts bearing the insignia 'BEACH PATROL' upon them shall not be worn by any person who is not a member of the St Ives SLSC. Then shall only be worn in the capacity of a beach patrol member supervised by a patrol Captain. They are not to be worn on any public beach unless as part of a competition or demonstration team of St Ives SLSC.

 

V. DISSOLUTION

If the Executive Committee decides that it is necessary or advisable to dissolve the Club it shall call a meeting of all members of the Club, of which not less than 21 days’ notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Executive Committee shall have power to realise any assets held by or on behalf of the Club.

Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the object of the Club as the members of the Club may determine or failing that shall be applied for some other charitable purpose. A copy of the statement of accounts, or account and statement, for the final accounting period of the Club must be sent to the Charity Commissioners.

 

 

 

 

BYE-laws

Bye Laws of St Ives Surf Life Saving Club (the CIO) as authorised by Clause 26 of the Constitution

1. Affiliation

The CIO will be affiliated to Surf Lifesaving Great Britain (SLSGB)

 

2. Membership

  1. a)  The membership shall consist of the following categories:

    • Full member

    • Nipper member

    • Junior member

    • Life member

    • Social member.

  2. b)  All members will be subject to the regulations of the Constitution, the bye laws, the regulations of SLSGB and International Life Saving and by joining the CIO will be deemed to accept these regulations and the codes of practice that the CIO has adopted.

  3. c)  Members in each category will pay membership fees, as determined at a General Meeting or Annual Meeting.

3. Equity and Discrimination Policies

a) The CIO is committed to ensuring that equity is incorporated across all aspects of its activities. In doing so it adopts the following definition of equity:

Equity is about fairness, equality of access, recognising inequalities and taking steps to address them.
It is about changing the culture and structure of all our activities to ensure equal accessibility to everyone in society.

b) The CIO respects the rights, dignity and worth of every person and will treat everyone equally regardless of age, ability, gender, race, ethnicity, religious belief, sexuality or social/economic status.

c) The CIO is committed to everyone having the right to enjoy their Lifesaving activity in an environment free from threat of intimidation, harassment and abuse.

  1. d)  All members have a responsibility to oppose discriminatory behaviour and promote equality of opportunity.

  2. e)  The CIO will deal with any incidence of discriminatory behaviour seriously, according to club disciplinary procedures.

4. General Policies of the CIO

The CIO shall adopt Policies that will include but not be limited to:-

  1. a)  A Safeguarding Policy

  2. b)  A Health, Safety and Welfare Policy

  3. c)  A Disciplinary Procedure Policy

  4. d)  Codes of Conduct for Adult Members, Nipper and Junior Members, Parents/Carers, Officials and Volunteers

  5. e)  A Young Person Policy

  6. f)  A Financial Controls Policy.

5. Management Committee

The day-to-day management of the affairs of the CIO shall be delegated to a Management Committee (as authorised in Clause 18 of the CIO Constitution).

The Terms of the Management Committee are:-

  1. a)  All Trustees shall be a member of the Management Committee.

  2. b)  There may be other members who are not a Trustee but these must be approved by the members of the CIO at a General Meeting.

  3. c)  All Management Committee Members must be members of the CIO.

  4. d)  There shall be a Chair Person, Secretary and Treasurer and Safeguarding Officer. Other roles may be adopted as appropriate and required to manage the activity of

the CIO but such additional roles shall be approved by the members at a General Meeting. Each Trustee must take up a designated role. A Trustee shall not hold more than two roles. There shall be not more than 14 members of the Management Committee (including Trustees).

  1. e)  All decisions of the Management Committee must be approved by a vote of the Trustee members before enacted.

  2. f)  The term of office for a non Trustee member of the Management Committee shall be for one year and they shall be eligible for re-election. Nominations for members of the Management Committee will be sent to the Secretary 14 days prior to the date of Notice of the AGM and shall have a proposer and seconder.

  3. g)  If the post of any non Trustee member of the Management Committee should fall vacant after such an election, the Management Committee shall have the power to fill the vacancy by co-option.

  4. h)  The Management Committee will be responsible for adopting new codes of practice, changes to the Bye Laws and rules that affect the activity of the CIO but not so that any of these shall be in conflict with the Constitution and all shall be subject to validation by a vote of the members at a General Meeting.

  5. i)  The Management Committee will have powers to appoint any advisers to the Committee as necessary to fulfil its business.

  6. j)  The Management Committee will be responsible for arranging disciplinary hearings of members who infringe the CIO rules/regulations/constitution or Bye Laws or by their actions bring the CIO into disrepute. Disciplinary matters will be dealt with in accordance with the Disciplinary Policy of the CIO.

  7. k)  The Management Committee meetings will be convened by the Secretary and be held no less than 6 times per year.

  8. l)  The procedure and quorum required for business to be agreed at the Management Committee meetings will be the same as Clause 19 (3) of the Constitution with regard to Trustees votes (refer to clause 5e) above).

6. Finances

  1. a)  The Treasurer will be responsible for the management of finances of the CIO but subject to the approval of the Management Committee. The Management Committee or any Officer of the CIO may not incur, take on or in any manner commit

    the CIO to borrowing, financial support or an undertaking outside the normal business of the ClO without the approval of the members at a General Meeting.

  2. b)  The financial year of the CIO will run from DATE and end on DATE.

  3. c)  All CIO monies will be banked in an account held in the name of the CIO. All bank or other deposit accounts of the CIO may only be created or terminated when authorised by all the Trustees of the CIO.

  4. d)  An independently examined statement of annual accounts will be presented by the Treasurer at the annual General Meeting.

  5. e)  Any cheques drawn against the CIO funds or payments made from the ClO funds should be authorised by the Treasurer plus one other Trustee.

  6. f)  All members of the CIO shall be jointly and severally responsible for the financial liabilities of the CIO.

7. General Meetings

General Meetings shall be organised and run in accordance with the CIO Constitution. They are also the means whereby the members of the ClO exercise their democratic rights inconducting the ClO’s affairs including but not limited to:

  • Receive reports from the Chairman and Secretary.

  • Receive reports from other Officers that relate to the activities of the ClO as

    determined by the Trustees.

  • Review any reports provided to the Management Committee and or Trustees by advisers to the CIO.

  • Elect members of the Management Committee.

  • Agree the membership fees for the following year.

  • Consider any proposed changes to the Bye Laws.

  • Deal with other relevant business.

8. Policies of the CIO
i) 
Discipline and appeals Policy

  1. a)  All complaints regarding the behaviour of members should be presented and submitted in writing to the Secretary.

  2. b)  The Management Committee shall appoint a panel to review the complaint that shall consist of not less than 3 members of the CIO (but not more than one trustee) who will meet to hear complaints within 21 days of a complaint being lodged. The disciplinary process will be conducted in accordance with the principles of natural justice. The outcome of a disciplinary hearing should be notified in writing by the Chair of the panel to the person who lodged the complaint and the member against whom the complaint was made within 21 days of the hearing.

    If the findings of the hearing are such that termination of membership is deemed appropriate then the matter should be referred to the Trustees who will determine the action to be taken in accordance with Clause 9 (4) of the Constitution.

  3. c)  Other than for decisions made by the Trustees taken in accordance with Clause 9 (4) of the Constitution, Termination of Membership, there will be the right of appeal to the Trustees following disciplinary action being announced by the Chair of the panel. The Trustees should consider the appeal within 21 days of the Secretary receiving the appeal.

  4. d)  The Trustees have the power to take appropriate disciplinary action including the suspension of membership.

ii) Safeguarding Policy Statement

Every adult has a responsibility to safeguard children and young people. All members need to be aware that:

 As a member of the CIO, there is an added expectation and a legal duty to keep children safe.

 Failure to do this could result in potential action from external agencies which could lead to prosecution.

 The CIO has a moral and legal duty of care to safeguard all children involved in its activities from harm.

 All children have a right to protection and the needs of disabled children/adults and others who may be particularly vulnerable must be taken into account. The CIO is committed to the safety and protection of all children involved in all its activities through adherence to safeguarding guidelines adopted by the CIO that comply with those provided by SLSGB.

The CIO is committed to ensuring that:-

 The welfare of the child is paramount
 All children, whatever their age, culture, disability, gender, language, racial origin

religious beliefs and/or sexual identity have the right to protection from abuse
 All suspicions and allegations of abuse or poor practice will be taken seriously and

responded to swiftly and appropriately

 All members who work with children will be recruited with regard to their suitability for that responsibility and will be provided with guidance and/or training in good practice and child protection procedures and checks undertaken where required and able to

 Working in partnership with children, their parents/carers and other agencies is keyto promoting young people’s welfare.

The CIO will ensure that anyone who has the responsibility for the care of a child should“do what is reasonable in all circumstances for the purpose of safeguarding or promoting a child’s welfare” in accordance with The Children’s Act 1989. Adoption of and adherence to this policy is mandatory for any Coaches or Officials operating within the CIO.

The CIO committee members, officers, volunteers, coaches, parents, paid staff and the members all bear a responsibility to implement the policy, and each has a right to be protected by it. The CIO is also committed to supporting anyone who, in good faith, reports his or her concerns that they or a colleague, is at risk, or may actually be being abused.

iii) Health, Safety and Welfare Policy Statement:

THE CIO is strongly committed to encouraging our members to take part, but the health, well-being and safety of each individual is always our paramount concern. We recommend levels of training dependent on age and ability, and expect our nipper and junior athletes to participate within these boundaries.

 

HEALTH, SAFETY AND WELFARE POLICY:

To support our Health, Safety and Welfare policy statement we are committed to the following duties:

  •   Undertake regular, recorded risk assessment of the club premises and all activities undertaken by the CIO.

  •   Create a safe environment by putting measures in place as identified by the assessment.

  •   Ensure that members are offered the appropriate level of training and guidance by regularly assessing abilities dependant on age, maturity and development.

  •   Ensure that members are directed and provided access to the club’s health andsafety policy.

  •   Appoint a competent member to assist with health and safety responsibilities.

  •   Ensure that normal operating procedures and emergency operating procedures are

    in place and available to all members.

  •   At times specified by the CIO Operating Procedures, provide access to adequate first

    aid facilities and/or telephone and qualified first aider.

  •   Report any injuries or accidents sustained during any CIO activity or whilst on the CIO

    premises.

  •   Ensure that the implementation of the policy is reviewed regularly and monitored for

    effectiveness.

    A CIO MEMBER HAS A DUTY TO:

  •   Take reasonable care their own health, safety and welfare and that of others who may be affected by what you do or not do.

  •   Co-operate with the CIO on health, safety and welfare issues.

  •   Correctly use all equipment provided by the CIO.

  •   Not interfere with or misuse anything provided for your health, safety or welfare.

CIO HEALTH, SAFETY AND WELFARE OFFICER:

.......................................................................................
FIRST AID: Location of first aid facilities: ...................................................................................

Location of telephones: ..............................................................................................

QUALIFIED FIRST AIDERS: 1............................................................................................

2. ............................................................................................

 

iv) CODE OF CONDUCT FOR ADULT MEMBERS

The CIO is fully committed to safeguarding and promoting the well-being of all its members, ensuring a positive and enjoyable experience for all. The CIO believes that it is important that members, coaches, administrators and parents associated with the CIO should, at all times, show respect and understanding for the safety and welfare of others. Therefore, members are encouraged to be open at all times and to share any concerns or complaints that they may have about any aspect of the CIO with the Safeguarding Officer, or his/her assistants.

A member of CIO is expected to abide by the following code of practice;

  •   All members must take responsibility in ensuring they are up to date with the rules, understand and adhere to them.

  •   All members must respect the rights, dignity and worth of all participants regardless of age, gender, ability, race, cultural background, religious beliefs or sexual identity.

  •   Members should recognise the valuable contribution made by coaches and officials who are usually volunteers. They give their time and resources to provide Surf Life Saving for you.

  •   All members must respect officials and publicly accept their decisions.

  •   All members should be a positive role model, treat other players and officials

    with the same level of respect you would expect to be shown to you.

  •   Use correct and proper language at all times.

  •   Abuse of alcohol, drugs or illegal substances is strictly forbidden at all times whilst at the premises of the CIO or when representing the CIO.

  •   Members should keep to agreed timings for training and competitions or inform their coach or team manager if they are going to be late.

  •   Members must wear suitable kit for training and match sessions, as agreed with the coach/team manager.

  •   Members must pay any fees for training or events promptly.

  •   Bullying of any sort will not be tolerated.

  •   Encourage everyone to enjoy sport and understand that people have different motivations for taking part.

v) CODE OF CONDUCT FOR NIPPER AND JUNIOR MEMBERS

 All members must play within the rules and respect officials and their decisions.

 All members must respect the rights, dignity and worth of all participants regardless of age, gender, ability, race, cultural background, religious beliefs or sexual identity.

 Members should keep to agreed timings for training and competitions or inform their coach or team manager if they are going to be late.

 Members must wear suitable kit for training and competition sessions, as agreed with the coach/team manager. This includes club hats for all training and competition sessions, and a club T-shirt for competitions.

 Members must pay any fees for training or events promptly.
 Members are not allowed to smoke on club premises or whilst representing

the CIO at competitions.

 Members are not allowed to consume alcohol, drugs or illegal substances of any kind on the club premises or whilst representing the CIO.

 Bullying of any sort will not be tolerated.

 

vi) CODE OF CONDUCT FOR PARENT/CARERS

  •   Encourage your child to learn the rules and play within them.

  •   Discourage unfair play and arguing with officials.

  •   Help your child to recognise good performance, not just results.

  •   Never force your child to take part in sport.

  •   Set a good example by recognising fair play and applauding good performances of all.

  •   Never punish or belittle a child for losing or making mistakes.

  •   Publicly accept officials' judgements.

  •   Support your child’ involvement and help them to enjoy their sport.

  •   Use correct and proper language at all times.

  •   Encourage and guide performers to accept responsibility for their own performance and behaviour.

vii) CODE OF CONDUCT FOR CIO COACHES, TRAINERS, OFFICIALS AND VOLUNTEERS

The essence of good ethical conduct and practice is summarised below. All volunteers must:

 Consider the well-being and safety of participants before the development of performance.

 Develop an appropriate working relationship with participants, based on mutual trust and respect.

 Make sure all activities are appropriate to the age, ability and experience of those taking part.

 Promote the positive aspects of the sport (e.g. fair play).

 Display consistently high standards of behaviour and appearance.

 Follow all guidelines laid down by the National Governing Body and the Club.

 Hold appropriate valid qualifications and insurance cover.

 Never exert undue influence over performers to obtain personal benefit or reward.

 Never condone rule violations, rough play or the use of prohibited substances.

 Encourage and guide participants to accept responsibility for their own performance and behaviour.

 Encourage participants to value their performances and not just results.

 

viii) CODE OF CONDUCT FOR YOUNG PERSONS FOR CLUB ACTIVITY – HEALTH, SAFETY AND WELFARE

Under 16

Although some of the SLSGB Rescue, Lifeguard and First Aid awards (as listed below) have an assessment age that permits young people under the age of 16 to undertake the awards, special care must be taken to ensure that in any club volunteer activity they are not allowed to do anything which is likely to be harmful to their safety, health and welfare. Particular attention must be given to age, physical development lack of experience, and other things that could be a risk to their health and welfare.

Common sense needs to be applied but not at the risk of putting young people in a situation beyond their capability.

It is therefore recommended that:-
A young person under the age of 14 is never asked to undertake safety cover in any

capacity.

Those who are 14 and under 16 are only asked to undertake safety cover if they are supernumerary and do not form part of the safety cover ratios required to comply with the risk assessment for the activity and are at all times supervised by a qualified lifeguard.

Special care must be taken not to expose this age group to exposure to incidents likely to cause distress or psychological harm.

All under 18

All under the age of 18 are Young People subject to the SLSGB Safeguarding code of practice

List of Applicable Awards:-

 Surf Lifesaver
 Tube Rescuer
 Rescue Board Paddler
 Aquatic First Aid
 Graduate Lifeguard Programme Beach Lifeguard Support

 

ix) Financial Controls Policy

Receipts

Anyone receiving cash or cheques or notification of an on-line payment must record:• Who gave them the money

• The exact amount

• The form of the money (cash, cheque, on-line order/payment)

• Exactly what the money was for (membership, subs, competition fees, kit, competencies, training).

It is expected that there will be prime documents (that must be retained by law for six years plus the current year) to back up all receipts. Where prime documentation doesn’t exist naturally (eg all subs are recorded on daily sheets by member), thenseparate records are required. The record should be maintained and signed, ideally by a Trustee. Ideally someone else should also sign the prime record to say that the takings are a true and fair record.

A receipt should be issued from duplicate receipt books for one off items like kit. On no account should cash be netted off from receipts (see expenses below).Banking

Anyone receiving cash or cheques or notification of an on-line payment must:

• Summarise prime documents to create a slip to support bankings or to facilitatechecking on-line payments

  • Hand the bankings slip plus all cash and cheques to either the Treasurer or theMembership Secretary promptly (within 10 days except for exceptional circumstances)

  • The Treasurer or Membership Secretary to bank cash and cheques promptly(within 10 days except for exceptional circumstances)

  • Bankings slips to be lodged by the Treasurer or Membership Secretary on the club’sgoogle drive to enable proper accounting. Ideally several bankings will be made to split cash and cheques into the account head (subs, competition fees, etc)

Stock

As well as receipts for kit following the process above, stock records – by spreadsheet, should be kept showing, by item:

• Opening stock • Purchases
• Purchase price • Sales

• Sale price.

The stock accounts must be regularly updated from prime records and kept on the google drive with the accounts.

Stock purchases must be sanctioned by the Committee, and a few quotes obtained to ensure value for money. The Committee will also determine prices for all stock and sanction any write-offs. The Treasurer must be notified of all stock losses.

Expenses

Most purchases should be made on-line or by cheque (only if on-line isn’t an option)following the banking protocol requiring dual authorisation.

An invoice is needed to trigger all payments.

Where items are purchased outside of this then then they can be re-imbursed as long as accompanied by a receipt and a clear explanation of what for – which should be sanctioned by the Committee unless in the normal course of business. Any expenses over £20 will be paid online on production of a receipt and supply of bank details. Payments under £20 can be made from petty cash held by the Treasurer or Membership Secretary. Again a receipt is required to trigger payment. On no account will payments be made out of other takings.

Petty Cash

The Chair, Treasurer and Membership Secretary will hold imprests of £100 each for petty cash and will keep records of expenses paid out of them. Periodically these will be recorded in the accounts and the balance topped up.

Document Security and Retention

Primary documents, eg training night sheet showing members singed in and paid for plus other takings (comps, kit, etc) stored securely in the lockable cabinet at the clubhouse.

All accounting documents to be held as required by law for 6 to 7 years. The club accounts should be held on the google drive.