CONSTITUTION

 
Dorset Association for the Disabled (Incorporating Dorset Tapes for the Handicapped)
County Office, Unit 18a Enterprise Park, Piddlehinton, Nr Dorchester, DT2 7UA
Tel / Fax 01305 849122
Amended October 2002

1. NAME

The name of the Association is the Dorset Association for the Disabled (Incorporating Dorset Tapes for the Handicapped)

2. OBJECTS

The object of the Association shall be generally to promote the welfare of people with physical disabilities within the County of Dorset and (without prejudice to the generality of the foregoing) in particular:-

(a) To investigate the need for all or any kind of assistance for all such persons whatever the cause or the degree of disability and to ensure that full advantage is taken of the provisions under the Welfare Scheme.

(b) To act as a co-ordinator body for all organisations interested in the welfare of such persons in the area and to co-operate for their welfare with both statutory bodies and voluntary organisations.

(c) To promote and assist in promoting such things as clubs, recreation facilities, holidays, transportation, home occupations, sheltered workshops, improved access and other such amenities.

(d) To promote recreational and educational aids for people with physical disabilities either directly to individuals or through appropriate organisations.

(e) To organise regular good neighbour visiting of people who are housebound.

(f) To enlist the support of employers and the furtherance of their general sympathetic approach to the employment problems of people with physical disabilities, working always with the Department of Employment or its successor.

(g) To assist in raising public awareness of the problems faced by people with physical disabilities.

(h) To obtain funds for the furtherance of the above objects and of the work of the Association generally.

(i) To appoint local sub-committee or representatives as required.

3. MEMBERSHIP OF THE ASSOCIATION

(a) Membership of the Association may be accorded to:-

(i) Disabled Members
All disabled persons within the scope of the objects of the Association who apply for membership and who reside in Dorset.

(ii) Affiliated Members
Representatives nominated by appropriate statutory bodies and voluntary organisations invited by the Management Committee to appoint such representatives as members.

(iii) Co-opted Members
Any persons co-opted to the Management Committee in exercise of the power hereafter given to the Committee.

(iv) Associate Members
All those interested in the welfare of the disabled who apply for membership and who reside in Dorset

(b) All members appointed by a statutory body or voluntary organisation as its representative shall be so appointed during the three months preceding an Annual General Meeting of the Association and shall serve from the conclusion of the Annual Meeting until the next Annual Meeting provided that any such member who ceases to represent such a statutory body or voluntary organisation shall thereupon cease to be a member of the Association under paragraph (a) (ii) of this Clause.

(c)The powers and privileges of a member shall not be transferable.

(d) Members shall in each year, if so determined by the Management Committee, be required to pay a subscription of such amount as the Management Committee shall decide at the first meeting in each year. The Management Committee may prescribe annual subscriptions of different amounts for different categories of members, or that one or more categories of members shall pay no subscriptions.

(e) Subscriptions as required by Clause 3 (d) shall be paid to Branch Treasurers by 1st April annually in respect of the ensuing year. The amounts so subscribed shall thereafter be forwarded by Branch Treasurers to the Hon. Treasurer for the use of the Management Committee. Notwithstanding the foregoing, however, Branch Committees, may if they prefer, forward to the Hon. Treasurer from Branch funds a sum equivalent to the total subscriptions due raising the amounts required so to do in any manner they choose.

4. OFFICERS AND STAFF

(a) The Officers of the Association shall be a Chairman, one or more Vice-Chairman, Honorary Treasurer and Honorary Solicitor, all of whom shall be deemed to be members of the Association on being elected at an Annual Meeting.

The Officers shall be the Trustees of the Association with responsibility for the day to day management of the Association and will meet monthly to:

i) report and recommend policy decisions to the Management Committee

ii) Decide on queries / problems referred by branches, volunteers and staff

iii) Receive a monthly financial report

iv) Set Agendas for Management Committee meetings

v) Keep minutes of all meetings

(b) The Association may elect a President and one or more Vice-Presidents at an Annual Meeting as may be deemed necessary to act for such a period and on such terms as may from time to time be deemed appropriate.

(c) The Officers shall be elected at the Annual Meeting at which they shall be eligible for re-election. The Management Committee shall have the power to fill any vacancy arising during the year.

(d) The Association may appoint paid staff as from time to time be deemed appropriate.

5. HOLDING TRUSTEES

(a) The Trustees shall hold (where applicable) land and interests in land on trust either to retain or sell the same or any part of it and to invest the proceeds in or on any investments authorised by law or by a Trust Deed (with power from time to time to vary such investments) and to pay or apply the net income and any part of the capital under the direction of the Management Committee in furtherance of the objects of and set forth in this Constitution.The Hon. Chairman, Hon. Vice-Chair(s) and Hon. Treasurer with up to 2 other members of the Association shall be Holding Trustees.

(b) A Corporate Body shall hold all investments and securities to retain or sell the same or any part of it and to invest the proceeds in or on any investments authorised by law or by a Trust Deed (with power from time to time to vary such investments) and to pay or apply the net income and any part of the capital under the direction of the Management Committee in furtherance of the objects of and set forth in this Constitution.

(c) The Holding Trustees may:-

(a) make such arrangement as they think fit for any investments of the Charity of income from those investments to be held by a corporate body which is incorporated in England or Wales (or which has established a branch or a place of business in England or Wales) as the Trusteesí Nominee; and

(b) pay reasonable and proper remuneration to any corporate body acting as the Trusteesí nominee in pursuance of this clause.

(d) The Holding Trustees shall hold office until the Annual General Meeting next following their election and shall be eligible for re-election. In the event of a casual vacancy arising, the vacancy may be filled temporarily by the Chairman after consultation with the officers. Any such appointment shall be confirmed or otherwise by a vote taken at the next Annual General Meeting.

6. MEETINGS OF THE ASSOCIATION

(a) An Annual Meeting shall be held within three months of the end of August at which the business shall include the election of officers, the appointment of members of the Management Committee, and the adoption of the Annual Report and Financial Statement of the Association for the year.

(b) A Special Meeting of the Association may be called at not less than fourteen daysí notice at any time by the Management Committee or by the Chairman or Vice-Chairman or the Honorary Treasurer, or by resolution of any three Branch Committees, conveyed in writing to the Chairman.

(c) For any Special General Meeting of the Association the quorum shall be 150 members

7. COMMITTEES

(a) The Association shall appoint a Management Committee and such other Committees of members of the Association as it may think fit to which it may delegate of its powers or duties.

(b) The Officers of the Association, and the nominee of the Social Services Committee of the Dorset County Council shall be ex-offico members of all Committees.

8. MANAGEMENT COMMITTEE

(a) The duty of the Management Committee shall be to carry out the objects and general policy of the Association and to provide for administrative management and control of its property and affairs

(b) The Management Committee shall consist of the following:-

(i) The officers as defined in Clause 4(a), the ex-officio members referred to in Clause 7(b) and the Chairman and the Secretary of each Branch or other members of the Branch Committee deputising for them.

(ii) One representative of each appropriate statutory body of each voluntary organisation invited to make an appointment for this purposes.

(iii) Any person co-opted by the Management Committee for a period not extending beyond the next ensuing Annual Meeting being members of the Association, and having special knowledge or experience, provided that the total number of co-opted members shall not exceed one quarter of the total number of members serving on that Committee at the time of the co-option.

(c) The Management Committee shall meet at least twice a year. A quorum shall be at least one quarter of the total membership of the Committee. The number to include at least one officer.

(d) All members of the Management Committee (except the ex-officio) shall retire immediately before each Annual General Meeting but shall be eligible for re-election at that meeting.

(e) The Management Committee may appoint such sub-committees of its members as it thinks fit. The functions of sub-committees shall be prescribed by the Management Committee which may delegate any of its powers and duties to such sub-committees.

9. BRANCHES

Branches may be formed or dissolved in such areas of Dorset County as the Management Committee shall decide.

(a) Meetings of the Branch

(i) Annual Meetings of the Branch shall be held prior to each Annual Meeting of the Association. The business shall include the election of the Branch Officers, the appointment of members of the Branch Committee and the adoption of the Annual Report and the Financial Statement of the Branch for the year.

(ii) Special Meetings may be called at any time at not less than fourteen days notice by the Branch Committee or by notice in writing to the Chairman by at least 25% of the Branch Membership.

(iii) The notice of the Annual and Special Meetings shall specify the matters to be considered at the meeting, and no other matters shall be raised save with the consent of the Chairman of the meeting. A copy of the notice shall be sent to the County Office.

(b) The Branch Committee shall meet at such intervals as the Chairman directs but not less frequently than quarterly. The quorum for such meetings shall be one quarter of the total membership of the Committee and this number shall include one officer.

(c) The Branch Committee shall represent the views of the Branch to the Management Committee and shall further by all the means the objects of the Association, in particular by:-

Enrolling members
Obtaining suitable work for disabled members
Co-operating with other local organisations
Maintaining social clubs
Arranging visits, entertainment and holidays
Providing transport
Visiting the disabled at home or in hospital
Providing therapeutical services
Raising funds in the name of the Association

(d) The composition of the Branch Committee shall so far as practicable conform with the following pattern and all members shall be members of the Association. At least two members of the Committee shall be disabled members.

Elected Members: The Chairman, The Vice-Chairman, The Hon. Treasurer, The Hon Secretary

and not less than two members of the Branch Members appointed by the Branch Committee. Also the Organiser of the Social Club and the Chairman and Honorary Secretary of any Standing Sub-Committee.

(e) Co-opted Members

Individuals with a special interest in the disabled may be co-opted on to the Branch Committee proving the number of such co-options does not exceed one quarter of the number of elected and appointed members of the Branch Committee.

(f) Observers

The Branch Committees may appoint as observers from:-

i) A nominee of the Social Services Committee of Dorset County Council

ii) One representative of each relevant local voluntary and statutory agency invited by the Branch Committee to make an appointment for this purpose

Observers shall have the right to speak but not to vote.

(g) Sub-Committees

The Branch Committee may with the approval of the Management Committee appoint and dissolve sub-committees which may be of two types:-

(1) Ad Hoc Sub-Committees:- These may be appointed to deal with some special short term purpose and may be composed of any members of the Branch.

(2) Standing Sub-Committees:- These may be appointed to deal with some special aspect of Branch activities on a continuing basis and shall be governed by standing orders prepared by the Branch Committee and agreed by the Management Committee.

(h) The Annual Report

The Branch Committee shall present the Annual Report of the Branch to the Management Committee at the last meeting of the Committee before the Annual Meeting of the Association.

10. FINANCE

(a) The financial year of the Association and every Branch shall end on the last day of March each year. The Management Committee shall authorise all payments of Association funds. The Association may accept, borrow and raise money (subject to registration under Section 41 of the National Assistance Act 1948) for the purpose of the Association's object by means of grant-in-aid from central and local government authorities, donations and covenanted subscriptions and legacies, subscriptions from individual members and other sources. All money must be raised in the name if the Dorset Association for the Disabled (Incorporating Dorset Tapes for the Handicapped). All monies received shall be applied in furthering all or any of the objects of the Association and no portion of such monies shall be paid to any members of the Association provided that nothing herein shall prevent the payment, in good faith of reasonable and proper remuneration to any officer or servant of the Association, or any member of the local authority in return for any services actually rendered to the Association or the payment of the reasonable and necessary expenses of management.

(b) The Management Committee shall appoint qualified Auditors for the Association's Accounts at their first meeting in each year. Branch Committees shall appoint independent Auditors for Branch Accounts at their first meeting in each year. Audited Branch Accounts are to be rendered to the Association, Honorary Treasurer, by 1st June for the previous financial year.

11. RESOLUTIONS AND VOTING

(a) Every matter (not being the amendment of the Constitution) requiring a resolution (whether at a meeting of the Association, a Branch, or of a Committee) shall be determined by the majority of votes of the members present and voting.

(b) In case of equality of votes the Chairman of the meeting shall have a casting vote whether or not he has previously voted on the same question.

12. RECORDS

Minutes shall be kept of the proceedings of the Association, and Branch Meetings, and of the Management Committee and all other Committees, and books of accounts shall also be maintained.

13. CONSTITUTION

A resolution for the alteration of the Constitution must be received by the Hon Chairman of the Association in writing at least twenty eight clear days before the meeting at which the resolution is to be brought forward. Not less than fourteen days notice of such a meeting must be given by the Association to its members

14. WINDING UP

The Association may at any time be dissolved by a resolution of members passed by a similar majority at a meeting convened after similar notice to those specified for amendments to the Constitution. Such resolutions may give instructions for the disposal of the assets of the Association subject to the approval of the Charity Commissioners. Should there remain, after the satisfaction of all its liabilities, any property whatsoever, the same shall be given, or transferred to some charitable association having objects similar to those of the Association.

Amended October 2002