Digglum Bestiaruim ~ The Digglers' Crest

The Digglers

Below is the constitution for the Digglers charity. Correct as of 15/03/10.

NAME: The name of the organisation shall be The Digglers Charitable Trust (hereinafter referred to as 'the Organisation') The object of the Organisation, as set out below, shall be continued from ********* ('the Property') or any other land or buildings purchased, gifted or obtained by the Organisation for the object of the Organisation

1. Object

The object of the Organisation will be:-

  • To relieve the suffering of cats and sheep in need of care and attention by maintaining a rescue centre for the reception, care and treatment of such animals. To receive referrals only from local vets and the RSPCA.
  • To conserve and protect Thornsbeck Wood and wetlands.
  • To advance the public’s education in issues pertaining to the welfare of animals the prevention of cruelty and suffering and in the conservation and preservation of the environment.
  • To relieve the financial hardship of a secondary degree veterinary degree student.
  • The Organisation shall be non-party in politics and non-sectarian in religion.

2. The Property

  • a) The Property shall be utilised in fulfilling the charitable purposes of the Organisation
  • b) The Property is not to be sold in whole or in part or otherwise disposed of and shall be retained for the purposes of the Organisation
  • c) The Organisation may accept or purchase additional land or buildings for the purposes and use of the Organisation.
  • d) The Organisation may allow a Manager to reside at any property owned by the Organisation whilst he/she is in employment with the Organisation.

3. Powers

In furtherance of the said objects, but not otherwise, the charity shall have power to:-

  • bring together in conference representatives of voluntary organisations, Government Departments, Statutory Authorities and individuals
  • arrange and provide for, either alone, or with others, the holding of exhibitions, meetings, lectures, classes and training courses to help further the education of the public in animal welfare
  • collect and disseminate information on all matters relating to its objects, and to exchange such information with other bodies having similar objects whether in the United Kingdom or elsewhere
  • write, print or publish, in whatever form such papers, books, periodicals, pamphlets or other documents, including films and recorded material, as shall further its objects, and to issue or circulate the same whether for payment or otherwise
  • purchase, to take on lease or in exchange, hire or otherwise lawfully acquire such property or other rights and privileges as may be necessary for the promotion of its objects, and to construct, maintain or alter the same SUBJECT TO the provision clause (Trust Property) below
  • make regulations for the proper supervision, control and management of any property which may be so acquired
  • raise funds and invite and receive contribution

PROVIDED THAT in raising funds the Management Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law

  • invest monies not immediately required for its objects in or upon investments, securities or property as the Organisation may think fit SUBJECT NEVERTHELESS to such conditions (if any) as may for the time being be imposed by law
  • to establish or support any charitable trust, associations or institutions for all or any of the purposes
  • affiliate to local and National Organisations with similar charitable objects

4. The Management Committee

  • the Policy and Management of the affairs of the Organisation shall be directed by a Management Committee which shall meet as required
  • the management committee shall consist of:-
    a) the Honorary Officers elected under the following clause
    b) the proceedings of the Management Committee shall not be invalidated by any failure to elect or any defect in the election, appointment, co-option or qualification of any member
    c) the Management Committee appoint such special or standing Committees as may be deemed necessary by the Management Committee, and shall determine their terms of reference, powers, duration and composition. All proceedings of such special or standing committee of the Organisation shall be reported back to the Management Committee as soon as possible

5. Honorary Officers

  • a) the Management Committee reserve the right to co-opt additional members as and when necessary
  • b) at the Annual General Meeting hereinafter mentioned the Organisation shall elect a Chair, a Vice Chair, Treasurer and Secretary and other such honorary officers as the Organisation may from time to time decide
  • c) The Chair, Vice Chair, Secretary and Treasurer of the Organisation shall be ex-officio the Chair, Vice Chair, Secretary and Treasurer respectively of the Management Committee
  • d) if a vacancy occurs among the Honorary Officers the Management Committee shall have the power to fill the posts from among the eligible members. Any person appointed to fill such a casual vacancy shall hold office until the conclusion of the next Annual General Meeting of the Organisation and shall be eligible for election at that meeting.

6. Paid Officers

The Management Committee may appoint and dismiss such staff, (not being members of the Management Committee) as it may from time to time determine, and shall fix the amount of any remuneration to be paid and the terms and conditions of employment. Members of staff may be excluded from the Meeting during such discussions.

7. Annual General Meeting Of The Organisation

  • once in each year an Annual General Meeting of the Organisation shall be held at such time and place as the Management Committee shall determine, not being more than 15 months after the holding of the preceding Annual General Meeting, or the adoption of this constitution. At least 21 days' notice shall be given by the Secretary to the Members.

The Business of each Annual General Meeting shall be:

  • i) to consider the Annual Report of the Management Committee on the work of the Organisation and its activities during the preceding year;
  • ii) to approve the audited accounts of the Organisation;
  • iii) to elect the Officers of the Organisation in accordance with this constitution;
  • iv) to note the appointment of such Honorary Officers as shall be decided in accordance with this constitution;
  • v) to appoint an independent auditor for the coming year;
  • vi) to consider and vote on proposals to alter this constitution in accordance with this constitution
  • vii) to consider any other business of which due notice has been given

Special General Meetings:

Such Meetings may be called to consider the business specified on the notice of the meeting and for no other purpose.

  • i) The Chair of the Management Committee may at any time at his or her discretion, call a Special General Meeting of the Organisation.
  • ii) The Secretary shall call a Special General Meeting, within 21 days of receiving a written request so to do, signed by not less than ten members, whether individual or representative, and giving reasons for the request.

8. Rules Of Procedure At All Meetings

a) Voting

Subject to the provisions of this constitution all questions arising to any meeting shall be decided by a simple majority of those present and entitled to vote thereat. No member shall exercise more than one vote notwithstanding that he or she may have been appointed to represent two or more interests, but in the case of an equality of votes the Chair shall have a second or casting vote.

b) Minutes

Minute books shall be kept by the Organisation of the Management Committee Meetings, and all other Committee Meetings, and the appropriate Secretary shall enter therein a record of all proceedings and resolutions.

9. Standing Orders And Rules For The Use Of The Trust Monies

The Management Committee shall have the power to adopt and issue Standing Orders and the Rules for the use of the Trust. Such Standing Orders and Rules shall be put in to operation immediately, provided always that they shall be subject to decisions by the Organisation in Management Meetings and shall not be inconsistent with the provisions of this constitution.

10. Finance

  • a) All money raised or on behalf of the Organisation shall be applied to further the objects of the Organisation and for no other purpose, providing that nothing herein contained shall prevent the payment in good faith of reasonable and proper remuneration to any employee of the Organisation not being a member of the Management Committee or the repayment of reasonable out-of-pocket expenses.
  • b) The Hon. Treasurer shall keep proper accounts of the finances of the Organisation.
  • c) The accounts shall be audited at least once a year by the auditors appointed by the Annual General Meeting. The Auditors shall not be an Officer of the Committee.
  • d) An Audited statement of accounts for the last financial year shall be submitted by the Management Committee to the Annual General Meeting aforesaid.
  • e) An account shall be opened in the name of the Organisation at the ………..Branch of the ……………Bank, or with such other institution as the Management Committee shall from time to time decide. The Management Committee shall authorise the Chairman, the Secretary and the Treasurer to sign cheques on behalf of the Organisation. All cheques must be signed by not less than two of the three authorised signatories.

11. Dissolution

If the Management Committee by a unanimous decision decide to at any time that on the grounds of expense, or otherwise, it is necessary or advisable to dissolve the Organisation it shall call a meeting of all those members of the Organisation who have the power to vote giving not less than 21 days’ notice (stating the terms of the resolution to be proposed thereat) notice shall be advertised in a newspaper circulating in the area of benefit and given in writing to the Charity Commissioners for England and Wales, or other authority having charitable jurisdiction.

If such decision shall be confirmed by a unanimous decision of those present and voting at such meeting the Management Committee shall have the power to dispose of any assets held by or in the name of the Organisation. Any assets remaining after the satisfaction of any proper debts and liabilities shall be applied towards the charitable purposes as the Management Committee may decide, and as may be approved by the Charity Commissioners for England and Wales, or other authority having charitable jurisdiction.

12. Trust Property

The Management Committee may appoint a Custodian Trustee, or Trust Corporation of not less than three or more than four named individuals (not being officers of the Committee) to hold any real or personal property held by them in trust for the Organisation, or may with the agreement of the Official Custodian for Charities, vest in him in any property so held.

In the event of the resignation, death or disqualification of an individual Trustee the Management Committee shall be empowered to appoint a replacement.

13. Alterations To The Constitution

Any proposal to alter this constitution must be delivered in writing to the Secretary of the Organisation no less than 28 days before the date of the meeting at which it is first to be considered. An alteration will require the approval of a simple majority of members of the Management Committee present and voting at a Management Committee Meeting.

Notice of such meeting must have been given in accordance with normal procedure but not less than 14 clear days prior to the meeting in question and giving the wording of the proposed alteration.

No alteration to the Objects clause or Dissolution clause or to this clause shall take effect until the approval in writing of the Charity Commissioners or other authority having charitable jurisdiction shall have been obtained, and no alteration shall be made to this constitution which would cause the Organisation to cease to be a charity at law.

14. Sanction Against Members

The Management Committee may by resolution passed at a meeting thereof, with a simple majority, spend or terminate the membership of any person if in its opinion such person has been guilty of conduct prejudicial to the Organisation or its objects, membership of or involvement with any fringe animal rights groups shall be considered to be conduct prejudicial to the Organisation.

The person or persons shall have the right of appeal to be heard by the Management Committee before the final decision is made.

Dated this..............day of.................2010. Signed ………………………… Kathleen Pearson