HTSA: HTSA Constitution – Old & Proposed New Versions

Current Constitution from 1986 & 2003

(SCROLL DOWN FOR PROPOSED AMENDED CONSTITUTION)

n2HOLY TRINITY SCHOOL ASSOCIATION CONSTITUTION

1. TITLE The Association shall be known as "The Holy Trinity School Association".

2. OBJECTS The Objects of the Association shall be to advance the education of the pupils of the School by providing and assisting in the provision of amenities and facilities for education at the school not normally provided by the Local Education Authority, and, in furtherance of these Objects, and as ancillary thereto, the

Association may:

a) foster more extended relationships between the staff, parents and others associated with the school;

b) engage in activities which advance the education of the pupils attending it;

c) promote an exchange of views between members of the Association on educational topics, provided that no matter affecting individual pupils or members of either the teaching or ancillary staff shall be raised at any meeting, and provided that the following facts are understood:

i) The Governors are responsible for the general direction of the School, for the Religious Education and for the oversight of the conduct and curriculum;

ii) The secular instruction given to the pupils is controlled by the County Council (Local Education Authority);

iii) The Head Teacher is responsible for the conduct and curriculum, the internal organisation and discipline of the school, the choice of suitable school equipment, the methods of teaching and arrangements of classes.

None of the foregoing shall modify or constrain the existing relationships contained in the Articles of Government of the School.

(d) raise funds, receive donations and subscriptions;

(e) establish a fund or funds for use for such particular charitable purposes connected with the School and the education of its pupils as the Committee may determine.

3. The Association shall be non-political and non-sectarian.

4. MEMBERSHIP The following persons shall be eligible for membership of the Association:

a) Each parent or guardian of present pupils of the School.

b) The Governors of the School and the Clerk to the Governors.

c) Present members of the teaching staff of the School. Present members of the non-teaching staff of the School.

The Committee shall have the right to admit to membership any other persons who are interested in and concerned with the aims and activities of the Association.

5. ORGANISATION

a) The Association and the property and affairs thereof shall be under the control and management of a Committee.

b) The income and property of the Association whencesoever derived shall be applied solely towards the promotion of the Objects of the Association as set out in this Constitution or any amendment thereto and no portion thereof shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise howsoever by way of profit to the Members of the Association.

c) The Chairman of the Board of Governors shall automatically be the President of the Association.

6. OFFICERS AND MEMBERS OF THE COMMITTEE

a) The President, the Head Teacher, the Deputy Head Teacher, one other Teacher and the Parent Governor shall be ex-officio members of the Committee.

b) There shall be a Vice-Chairman, Secretary, and Treasurer, who shall be elected at the Annual General Meeting and who shall retire each year and be eligible for re-election.

c) Until the Annual General Meeting of the Autumn Term 1985 the Chairman of the Association shall be the Head Teacher of the School. Thereafter the Chair shall be open annually to election from the membership.

a) There shall be, in addition, 5 Committee members or more who shall be elected at the Annual General Meeting.

b) Parent representation shall be limited to one parent from any one individual family.

c) The Committee shall have the right to co-opt. Co-opted members will serve until the next Annual General Meeting.

d) The Management Committee shall have authority to appoint sub-committees as it deems necessary provided that at least one-third of the sub-committee's members shall be of the Management Committee.

8. MANAGEMENT

a) The duties of the Secretary shall be to record the Minutes of the Committee meetings and the General Meetings of the Association, to convene the meetings of the Committee and General Meetings and to attend to the correspondence of the Association.

b) The duties of the Treasurer shall be to receive all monies paid to the Association, to disburse monies as instructed by the Committee, and to provide a duly audited statement of accounts to the Annual General Meeting.

c) The banking account shall be in the name of the Association and withdrawals shall be made in the name of the Association on the signature of any two of the following:(i) Treasurer; (ii) Chairman; (iii) Secretary.

d) An independent examiner shall be appointed by the Committee to examine the annual accounts prior to the Annual General Meeting, in accordance with section 43 of the Charities Act 1993.

e) The financial year shall end on 31st August each year.

9. COMMITTEE PROCEDURE

The Committee shall meet at least once a term on School premises. A quorum of the

Committee shall be five members. The Secretary way receive particulars from members of the Association on any matters which they would like raised and discussed at the Committee Meetings provided that these matters are not excluded by Section 2 of the above. The Chairman of any such meeting shall reserve the right to rule out of order any member responsible for any deviation from this rule. The Chairman shall be responsible, in liaison with the Secretary) for the drawing up of the Agenda. A copy of the Agenda shall be distributed to all Committee members at least ten days before a meeting.

10. MEETINGS

a) The Annual General Meeting shall take place after the beginning of the academic year but before the end of November.

b) The Quorum for Annual General Meetings and General Meetings shall be twenty-five (25).

c) At the Annual General Meeting the Chair will be taken by the President.

d) No less than twenty-one (21) days notice shall be given of a General Meeting. Notices of Motions and Amendments (as proposed) shall be sent, in writing, to the Secretary not less than two (2) weeks before the convening of the Meeting and shall be duly seconded.

e) All General Meetings shall be held on School premises.

f) An Extra-ordinary General Meeting may be convened at the request of the Committee or at the request, in writing, of twenty-five (25) members, provided that such requests clearly indicate the purpose of the Meeting which must comply with the objects of the Constitution and that it is held within thirty (30) days of the receipt of the request.

g) Each member present at any Meeting shall have one vote. In the event of an equality of votes, the Chairman shall have the casting vote.

11. WINDING-UP The Association may be wound up by a resolution passed unanimously by the Members. Additionally, the Head Teacher, after consultation with an Extra-ordinary General Meeting of the Association, shall have discretion to determine that the Association be wound up should he/she, after consultation with the Chairman of the Association and with the agreement of the Governors of the School, consider that the continuation of the same would not be in the School's best interests.

12. In the event of the winding up of the Association, all assets, after payment of all liabilities and debts, shall, with the agreement of the Governors of the School, be given to the School for the benefit of the children of the School in any manner which is exclusively charitable at law.

13. CONSTITUTIONAL AMENDMENTS No alteration shall be made to this Constitution except at a General Meeting and notice of any proposed alteration must appear on the Agenda of that Meeting. No alteration shall be

made to Clause 2, Clause 3, Clause 11, Clause 12 or this Clause without the approval of the Court of the Charity Commissioners or other authority having jurisdiction under the Charities Act 1960.

I hereby certify this to be a true copy of the Constitution adopted on 21st March, 1986 and amended, with the consent of the Charity Commissioners for England and Wales, at the AGM held on 11 November 2003.

Rebecca Tomlin

Treasurer

PROPOSED AMENDED CONSTITUTION 2016

DRAFT CONSTITUTION 2016 : Amendments bring the constitution in line with the PTA-UK model constitution from 2011 and are designed to reflect our practice by taking the school size into consideration.

HOLY TRINITY SCHOOL ASSOCIATION CONSTITUTION

1.1 TITLE : The Association shall be known as "The Holy Trinity School Association".

1.2 The Association is a Parent Staff Association.

1.3 School Name and Address:

Holy Trinity CE Primary School

Eagans Close

East FInchley

London N2 8GA

1.4 The minimum number of committee members is 3 (Chair, Vice-Chair and Treasurer)

2. OBJECTS (UNCHANGED!)

2.1 The Objects of the Association shall be to advance the education of the pupils of the School by providing and assisting in the provision of amenities and facilities for education at the school not normally provided by the Local Education Authority, and, in furtherance of these Objects, and as ancillary thereto, the Association may:

a) foster more extended relationships between the staff, parents and others associated with the school;

b) engage in activities which advance the education of the pupils attending it;

i) The School Governors are responsible for the general direction of the School, for the Religious Education and for the oversight of the conduct and curriculum;

ii) The secular instruction given to the pupils is controlled by the County Council (Local Education Authority);

None of the foregoing shall modify or constrain the existing relationships contained in the Articles of Government of the School.

(d) raise funds, receive donations and subscriptions;

(e) establish a fund or funds for use for such particular charitable purposes connected with the School and the education of its pupils as the Committee may determine.

2.2 The Association shall be non-political and non-sectarian.

3. POWERS

The committee members have the following powers, which may be exercised only in promoting the objects:

a) to provide advice

b) to publish or distribute information

c) to co-operate with other bodies

d) to raise funds (but not by means of permanent trading)

e) to acquire or hire property of any kind

f) to set aside funds for special purposes or as reserves against future expenditure

g) to deposit funds in any lawful manner

h) to take out public liability and personal accident insurance to cover Association meetings, activities, committee members, to insure the Association’s property against any foreseeable risk and take out other insurance policies to protect the Association where required.

i) To employ paid or unpaid agents, staff or advisers

j) To enter into contracts to provide services to or on behalf of other bodies

k) To obtain and pay for goods and services as are necessary for carrying out the work of the charity

l) To open and operate bank accounts as the committee members consider necessary

m) To do anything else within the law that promotes the Objects

The Committee shall not undertake any activity in the school premises without the consent of the Headteacher.

4. MEMBERSHIP

4.1 Members of the Association are:

a) the parents, guardians or carers of any pupil currently attending the school

b) all members of the teaching and non-teaching staff currently employed by the school

c) any person over the age of 18 wishing to offer appropriate support or help to the school and who is accepted by the Committee as a Member.

4.2 Membership is terminated if:

a) the member dies

b) the member resigns by written notice to the Association or at an AGM

c) the committee members may for good reason regardless of whether or not this is at the request of the Governing Body or the Headteacher, exclude any person from membership or from attending an event whose presence at or support of the school is deemed a danger to the school or its pupils or staff or might bring the Association into disrepute. Removal is not effective until the Member concerned has been notified in writing of the proposal and his/her right to respond within 14 days, and the matter has been considered in light of any representations made.

5. GENERAL MEETINGS (ANNUAL AND EXTRAORDINARY)

5.1 all members are entitled to attend any general meeting of the Association

5.2 all general meetings are called by giving 8 clear days of written notice (i.e. by text message, school newsletter or other means of non-oral communication) of the meeting to the members. The notice should specify the date, time and location of the general meeting.

5.3 There is a quorum at a general meeting when the number of members present is at least twice the number of committee members in office at the start of the meeting (ex-officio members not included). The only exception would be at a general meeting where the association is being dissolved: please see clause 13.

5.4 The Chair or (if the Chair is unable or unwilling to do so) some other committee member/trustee elected by those present is in charge of a General meeting

5.5 Except where otherwise provided in this Constitution, every issue at a General meeting is decided by a simple majority of the votes cast by the Members present at the meeting

5.6 Except for the Chair of the meeting, who has a second or casting vote where a vote is equally divided (tied), every Member present is entitled to one vote on every issue

5.7 The Association must hold a General meeting within twelve months of the date of the adoption of this constitution. Thereafter, an AGM must be held in each subsequent year and not more than 15 months may elapse between successive annual General meetings.

5.8 At an AGM the members:

a) receive the accounts of the Association for the previous financial year

b) receive the report of the committee members/trustees on the Association’s activities since the previous AGM

c) elect the committee members/trustees

d) appoint an independent examiner or auditor for the Association

e) may confer on any individual (with his or her consent) the honorary title of Patron, President or Vice-President of the Association

f) discuss and determine any issues of policy or deal with any other business put before them

5.9 An EGM may be called at any time by the Committee and must be called within 21 days to happen within three months of a written request to the receiving committee members/trustees from at least ten members.

6. OFFICERS AND MEMBERS OF THE COMMITTEE

6.1 The Head Teacher, the Deputy Head Teacher, one other member of staff and the Parent Governors shall be ex-officio members of the Committee.

6.2 There shall be a Chair, a Vice-Chair, Secretary, and Treasurer, who shall be elected at the Annual General Meeting and who shall retire each year and be eligible for re-election. The position of Secretary can be taken by the Vice-Chair if no nominations are made for this office.

6.3 The Chair, Vice-Chair, and Treasurer(s) shall be trustees of the charity and have control of the Association, its property and funds. The persons holding these offices, singly or jointly, are referred to in this document as committee members.

6.4 All committee members except those who are co-opted must be members of the Association.

6.5 Committee members shall have the power to co-opt committee members at any time, and co-opted committee members shall serve until the date of the next AGM.

6.6 The number of co-opted committee members must not be more than 50% of the total number of committee members.

6.7 Nominations for election to the Committee may be made by any Member of the Association and seconded by another. Such nominations must have the consent of the nominee. If no nominations or an insufficient number are received before the AGM, any members present may nominate a person, with their consent, and that person may be appointed by a majority vote of those present.

6.8 A committee member/trustee (whether elected or co-opted) automatically ceases to be a committee member/trustee if he or she:

a) is disqualified under section 72 of the Charities Act 1993 as amended by the Charities Act 2006 from acting as a charity trustee

b) is incapable, whether mentally or physically, of managing his or her own affairs

c) is absent from three consecutive meetings of the Committee without prior notification to the Secretary

d) ceases to be a member of the Association

e) resigns by written notice to the Committee but only if at least two committee members/trustees remain in office

f) is removed by a resolution passed by a majority of other committee members/trustees. Removal is not effective until the committee member/trustee concerned has been notified in writing of the proposal and his/her right to respond within 14 clear days, and the matter has been considered in light of any representations made

7. COMMITTEE MEETINGS

7.1 The Committee must hold at least three meetings every academic year.

7.2 A quorum at a Committee meeting is 50 per cent, rounded up to the nearest whole number, of the total current membership of the Committee.

7.3 The Chair or, if the Chair is unable or unwilling to do so, some other committee member/trustee chosen by the members present is in charge at each Committee meeting.

7.4 Every decision may be made by a simple majority of the votes cast at a Committee meeting. A resolution which is in writing and signed by all committee members/trustees is equally valid. The resolution may be contained in more than one document and will be treated as passed on the date of the last signature.

7.5 Except for the Chair of the meeting, who has a second or casting vote, every committee member/trustee has one vote on each issue.

8. POWERS OF COMMITTEE

The following powers are available to the Committee to help run the Association:

8.1 To delegate any functions of the Committee to sub-committees. These must consist of two or more persons appointed by the Committee but at least one member of every sub-committee must be a committee member/trustee. All sub-Committee proceedings must be promptly reported to the main Committee.

8.2 To make Rules consistent with this Constitution about the Committee and sub-committees, to govern proceedings at General meetings and generally about the running of the Association including the operation of bank accounts and the commitment of funds.

9. PROPERTY & FUNDS

9.1 The property and funds of the Association must only be used to fulfil the Objects (see clause 2).

9.2 Committee members/trustees can enter into contracts with the Association for the provision of goods and services to the Association (but not contracts of employment with the Association except with the prior written consent of the Charity Commission) provided that:

a) the maximum amount is set out in writing and is reasonable for the services provided

b) the committee members/trustees are satisfied that the agreement is in the interests of the charity before entering into it

c) the total number of committee members/trustees entitled to such remuneration is in the minority from time to time.

9.3 Whenever a committee member/trustee has a personal interest in a matter to be discussed at a meeting, the committee member/trustee must:

a) declare an interest before discussion begins on the matter b

b) withdraw from that part of the meeting unless expressly invited to remain in order to provide information

c) not be counted in the quorum for that part of the meeting

d) withdraw during the vote and have no vote on the matter.

10. RECORDS & ACCOUNTS

10.1 The Committee must comply with the requirements of the Charities Act 1993 as amended by the Charities Act 2006 as to the keeping of financial records, the audit or independent examination of accounts and the preparation and transmission to the Charity Commission of:

a) annual reports

b) annual returns

c) annual statements of account

10.2 The Committee must keep proper records of:

a) all proceedings at General meetings

b) all proceedings at Committee meetings

c) all reports of sub-committees

made to Clause 2, Clause 3,[1] Clause 11, Clause 12 or this Clause without the approval of the Court of the Charity Commissioners or other authority having jurisdiction under the Charities Act 1960.

Treasurer

[1] Please note : this is now clause 2.2

HTSA Constitution – Old & Proposed New Versions

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