EPFA Constitution

ESSEX PLAYING FIELDS ASSOCIATION

(Formerly known as The Essex Playing Fields and Children's Play Association)

Affiliated to

Fields in Trust

(Formerly known as The National Playing Fields Association)

CONSTITUTION

(adopted November 1984 and amended 29 October 2009)

1. NAME

The Association shall be called "Essex Playing Fields Association" (formerly

known as The Essex Playing Fields and Children's Play Association).

2. OBJECTS

2.1 The objects of the Association shall be to foster and promote facilities

for the benefit of the community at large in the county of Essex and in

the unitary authorities of Southend-on-Sea and Thurrock and for such

persons as having special need of such facilities by reason of their

youth, age, infirmity, poverty or economic circumstances and which will

improve the conditions of life for the community and such other persons

by promoting their physical, mental and spiritual well being.

2.2 In furtherance of such objects but not otherwise, the Association shall

be empowered :

2.2.1 to promote, to develop and to advise on and to assist in the

provision of adequate and safe playing fields, playgrounds and

play space;

2.2.2 to encourage an appreciation of play and recreation and the

playing of all games, sports and pastimes including the

promotion of sporting activities and competitions;

2.2.3 to ensure that the fullest use is made of all playing fields,

playgrounds and play space;

2.2.4 to co-operate in saving threatened recreational facilities, and to

safeguard so far as possible playing fields, playgrounds and

play space;

2.2.5 to foster and promote facilities for play, recreation and leisure

time occupations for children and young people and to assist

in the creation of such facilities;

2.2.6 to co-ordinate with all statutory and voluntary bodies in matters

concerning the use of playing fields and children's play and

recreation;

2.2.7 to assist in and to promote the training of play leaders and

recreational and sports coaches and grounds maintenance

staff;

2.2.8 to act as the agent for Fields in Trust (formerly known as the

National Playing Fields Association) and to make

recommendations to it and other bodies concerned with the

objects of the Association;

2.2.9 to give direct financial aid to any charitable organisation for the

purpose of carrying out all or any of the objects of the

Association;

2.2.10 to receive any funds or property which the Association may

from time to time be given or which may be entrusted to the

Association and to apply such funds or property so given or

entrusted in such a manner and for such objects of the

Association as may be directed by the donor or in default of

any such direction in such manner and for such of the said

objects as the Association shall determine;

and

2.2.11 to raise by subscription or otherwise funds for the furtherance

of the objects of the Association:

PROVIDED ALWAYS

 

 

3. MEMBERSHIP

3.1 The Association shall consist of the following members:

3.1.1 the officers of the Association;

3.1.2 subscribers being individuals, local authorities, clubs or other

organisations that have paid not less than the annual or life

membership subscription prescribed by the Executive Committee;

3.1.3 such persons that have been co-opted as members by the Executive

Committee on such terms as the Committee may from time to time

decide;

3.2 the Executive Committee may remove any member from membership

provided that the Secretary has given to all the Committee members at

least 14 days' notice of such a proposed removal and that a resolution

to that effect shall be carried by at least a two-thirds majority of

Committee members present and voting:

And

PROVIDED that the member concerned has been given not less than

twenty-one days' notice of the proposal to remove him/her and that

s/he is given an opportunity to comment on the proposal and to appear

if s/he so wishes before the Executive Committee.

4. OFFICERS OF THE ASSOCIATION

4.1 The officers of the Association shall be the President, one or more

Vice-Presidents, the Secretary, the Treasurer, the ex-officio officers

and other such officers as the Executive Committee shall from time to

time determine.

4.2 The ex-officio officers shall be the Director and Field Officer of the

Association, the Director of the Rural Community Council of Essex, the

Director of Disability Essex (formerly known as the Essex Physically

Handicapped Association) and any other officer of an organisation

appointed as such at an Annual General Meeting of the Association.

4.3 The officers, other than the Secretary, the Treasurer and the ex-officio

officers shall be elected at the Annual General Meeting of the

Association and shall hold office until the conclusion of the following

Annual General Meeting and shall be eligible for re-election.

4.4 The Committee shall appoint a Secretary and a Treasurer and such

other staff as it considers necessary and may determine their

remuneration, if any, their duties and conditions of service.

5. THE EXECUTIVE COMMITTEE

5.1 The Executive Committee shall consist of the officers, not more than

twelve elected members and the chairman of any committee appointed

under clause 6.

5.2 The elected members of the Executive Committee shall be elected at

the Annual General Meeting from among the members of the

Association and shall hold office until the conclusion of the next Annual

General Meeting and shall be eligible for re-election. For the purpose of

this clause a representative from any local authority, club or other

organisation which is a member of the Association shall be deemed to

be a member of the Association.

5.3 The Executive Committee shall have the power to co-opt persons

whether members of the Association or not to serve on the Committee

provided that the number of co-opted members shall not exceed onethird

of the number of members serving on the Committee.

5.4 The Executive Committee may invite any person to attend its meetings

as an observer but without the power to vote.

5.5 Any casual vacancy on the Executive Committee may be filled by the

Executive Committee and any person appointed to fill a casual vacancy

shall hold office until the conclusion of the next Annual General

Meeting and shall be eligible for election at that meeting.

5.6 The proceedings of the Executive Committee shall not be invalidated

by any failure to appoint or any defect in the appointment, election or

qualification of any member.

5.7 The Executive Committee shall, subject to any direction of the

Association, be responsible for the control and administration of the

Association and may on behalf of the Association perform any

functions of the Association given to it by this Constitution.

5.8 At its first meeting after each Annual General Meeting and whenever

necessary the Executive Committee shall elect a Chairman and one-or

more Vice-Chairmen from amongst its members and shall appoint the

Secretary and Treasurer. Persons so elected shall serve until the

following Annual General Meeting.

5.9 The Executive Committee shall meet not less than four times each

year.

5.10 The quorum at meetings of the Executive Committee shall be five, of

whom two shall be officers of the Association.

6. COMMITTEES

The Association and Executive Committee may from time to time appoint such

other committees as may be deemed necessary and shall determine their

terms of reference, powers, duration and composition.

7. GENERAL MEETINGS

7.1 The Executive Committee shall call an Annual General Meeting in each

year as soon as convenient after the close of the previous financial

year. The Executive Committee shall give twenty-one days' notice of an

Annual General Meeting.

7.2 The Annual General Meeting shall:

7.2.1 receive reports from the Executive Committee and any other

committee of the Association on the work and activities of the

Association during the past year;

7.2.2 consider and approve the annual accounts of the Association;

7.2.3 elect the qualifying members of the Executive Committee and

any other committees of the Association;

7.2.4 appoint auditors; and

7.2.5 conduct such other business as the Executive Committee shall

decide.

7.3 The Executive Committee may at any time after fourteen days' notice to

members of the Association call a special meeting of the Association to

consider such business as the Executive Committee shall consider

proper. Any such meetings may be adjourned from time to time.

7.4 The Executive Committee shall call a special general meeting of the

Association if at any time requested to do so by not less than ten

members of the Association.

7.5 The quorum for any general meeting shall be twenty. In the event of no

quorum being present a meeting shall be adjourned for fourteen days

and shall continue to be so adjourned until a quorum is present.

7.6 Voting at a general meeting shall be by a show of hands of those

qualified to vote unless the person presiding decides that it shall be by

ballot. The person presiding shall have an original vote and a casting

vote:

PROVIDED that if there are more candidates than vacancies in an

office then the person presiding shall only have one vote.

7.7 Local authorities, clubs or other organisations shall only be entitled to

one vote on any motion proposed at a general meeting.

7.8 The President, if present, shall preside over a general meeting; in his

absence a Vice-President or in the absence of the President and all the

Vice-Presidents, the Chairman of the Executive Committee or in all

their absences a Vice Chairman of the Executive Committee. In the

absence of the President and all the Vice-Presidents, the Chairman

and the Vice-Chairmen of the Executive Committee shall elect a

Chairman of the meeting.

7.9 No general meeting shall be invalidated because a person entitled to a

notice thereof has not received such a notice.

8. FINANCE

8.1 The Association shall have the power to raise money by means of

affiliation fees, subscriptions, donations, legacies, grants-in-aid, loans

and other sources of income:

PROVIDED that no form of permanent trading is undertaken.

8.2 The income and property of the Association shall be applied solely

towards the promotion of the purposes of the Association as set forth in

this Constitution, and no portion shall be paid or transferred directly or

indirectly by way of dividend, bonus or otherwise however by way of

profit to any member of the Association:

PROVIDED that nothing herein shall prevent the payment in good faith

of reasonable and proper remuneration to any officer or servant not

being a member of the Executive Committee of the Association or

repayment of out-of-pocket expenses.

8.3 The Association may appoint a custodian trustee or a trust corporation

to hold any property held by or in trust for the Association or may with

the agreement of the Official Custodian of Charities transfer to him

personal property (within the meaning of Section 16(2) of the Charities

Act, 1960) so held and make application for an order vesting in him any

property so held.

8.4 The Association shall each year cause true and proper accounts to be

kept showing in detail the receipts and expenditure of the Association

and the whole of its property credits and liabilities.

8.5 The Association's financial year shall run from 1

st April to 31st

 

9. ALTERATIONS TO THE CONSTITUTION

Alterations to the Constitution shall receive the assent of not less than two

thirds of the members of the Association present and voting at a General

Meeting. Such a resolution shall be received by the Executive Committee at

least twenty-one days before the meeting at which the resolution is to be

brought forward. At least fourteen days' notice in writing of a meeting at which

such a resolution is proposed shall be given to the members, and shall include

notice of the alterations proposed:

PROVIDED that no alteration to Clause 2 shall be made without the approval

of the Charity Commission or other authority having charitable jurisdiction, and

no alteration shall be made which would cause the Association to cease to be

a charity at law.

10. DISSOLUTION

The Association may at any time be dissolved by a resolution supported by

votes of not less than two-thirds of the members present and voting at a

General Meeting of the Association of which at least twenty-one clear days'

notice in writing shall have been sent to all members of the Association. Such

a resolution may give instructions for the dispersal of any assets held by or in

the name of the Association:

PROVIDED that if any property remains after the satisfaction of all debts and

liabilities such property shall not be paid or distributed among the members of

the Association but shall be given or transferred to such other institution or

institutions having charitable objects similar to some or all of the objects of the

Association as the Association may, with the approval of the Charity

Commission or other authority having charitable jurisdiction, determine.

11. INTERPRETATION

In interpreting the provisions of this Constitution, the Interpretation Act 1889,

shall apply in the same way as it applies to the interpretation of an Act of

Parliament.

March.

 

8.6 Once at least in every year the accounts of the Association shall be

audited by one or more properly qualified auditors.

that nothing in the foregoing subclauses

of this clause shall authorise or empower the

Association to participate directly or indirectly in any activity

which is not charitable according to the laws of the United

Kingdom for the time being in force.