Ever wondered why we have the Gleaston Village Hall & Green Committee and what they do? If so read this, it is the original Village Trust Deed. (If you want to read it in its original format then you can download the PDF file here)
THIS TRUST DEED made the day of one thousand-nine-hundred and eight five by FRANK NUTTALL of Guards House Gleaston in the County of Cumbria and Francis Tate of Croft Cottage Gleaston aforesaid (hereinafter called the Trustees which expression shall where the context so admits include successors in title) WHEREAS:
(1) By a Conveyance (hereinafter called the Conveyance) dated the Twentysecond day of January One thousand nine hundred and sixty and made between the Queen’s Most Excellent Majesty of the first part the Crown Estate Commissioners of the second part and the Trustees of the third part the property therein more particular described was conveyed to the Trustees in fee simple except and reserved and subject as in the Conveyance mentioned.
(2) The trustees acquired the said property comprised in the Conveyance as trustees of the Charity known as the Gleaston Recreation Ground and Village Hall (hereinafter referred to as the Charity) and are now desirous of formally declaring the trusts on which they hold the said property -------------------------------
(3) AS THIS DEED WITNESETH that THE SAID property comprised in the Conveyance being ALL THOSE pieces of land numbers 533 533a 533b and part 534 on the Ordnance Survey Map for the Parish Aldingham and being part of the Waste of the Manor of Muchland and containing four acres or thereabouts situate in the Parish of Aldingham in the County of Cumbria and more particularly delineated on the plan annexed to the Conveyance and thereon coloured pink TOGETHER with the buildings erected thereon (the said land and buildings being hereinafter called the Trust Property) is vested in the Trustees in fee simple and held by them upon the trusts and subject to the and provisions set out in the first schedule hereto -------------------
IN WITNESS whereof the Trustees have hereunto set their hands andseals the day and year first before written -----------------------------------------
The First Schedule before referred to
Objects
1. The Trust Property shall be held upon trust for the purposes of a Village Hall and recreation ground for the use of the inhabitants of the Village of Gleaston in the County of Cumbria (hereinafter called the area of benefit) without distinction of political religious or other opinions including use for meetings lectures and classes and for other forms of re-creation and leisure time occupation with the object of improving the conditions of life for the said inhabitants PROVIDED NEVERTHELESS that no use shall be made of the said property for archery horse riding the playing or practice of golf the discharge of firearms or the grazing of animals other than sheep for the purpose only of keeping down the grass and weeds) or the parking of vehicles save that at the discretion of the Committee of management hereinafter constituted and subject to the rules and regulations from time to time laid down by the said Committee vehicles may be parked in the location indicated on the plan numbered one annexed hereto by persons using the village hall and recreation ground ------------------------------------------
Administration by Committee
2. The Charity shall be administered in conformity with the provisions of this Deed, by the Committee of Management hereinafter constituted (and hereinafter called the Committee). who shall be the Charity Trustees of the Charity within the meaning of Section 46 of the charities Act l96O ------------------------------------------- Provided that until the end of the first Annual General Meeting to be held after the date of this Deed the Charity shall be administered in accordance with the provisions of this Deed by the Margaret Walden Secretary Jim Whalley Treasurer the said Francis Tate Edwin Rowlandson Allan Bethune David Wilton Christine Whalley Peter Dyer Fred Singleton Alan Williams and David Philip ---- Vesting in the Official Custodian for Charities
3. The Trustees and all persons holding any property of the Charity shall take such steps as may be necessary for the purpose of vesting in the Official Custodian for charities all freehold and leasehold lands any other property at any time belonging to the Charity ----------------------------------------------------------
Committee of Management
4.(l) except as hereinafter in this clause provided the Committee shall consist of five elected members and six representative members and may include not more than two co—opted members ----------------
(2) The elected members (other than those appointed under sub—clause (8) of this clause to fill casual vacancies) shall be elected at Annual General Meeting to he held as in this Deed provided
(3) One representative member shall be appointed by each of the following organisations :—
The Gleaston Mothers and Toddler Group
The Gleaston Youth Club
The Gleaston Mothers Union
The Aldingham Parish Council
The Gleaston Parochial Church Council
The Gleaston Ladies Group
A representative member shall ordinarily be appointed not more than one month before the Annual General Meeting; provided that an organization which fails to appoint a representative member before such meeting shall make the appointment as soon as practicable Committee the name of its representative.
(4) Co-opted members shall be appointed at a duly constituted meeting of the Committee.
(5) Subject to the provisions of sub—clauses (6) and (8) of this clause the period of office of the members shall commence:
(a) In the case of elected members at the end of the Annual General meeting at which they were elected
(b) In the case of representative members appointed before the Annual General Meeting in any year at the end of that Meeting or in the case of the representative member appointed after such Annual General Meeting or to fill a casual vacancy on the day on which notification of his appointment is received by the Secretary
(c) In the case of co—opted members from the date of their co—option.
(6)- All members of the Committee shall retire from office together at the end of the Annual General Meeting next after the date on which they came into office but they may be re—elected or re—appointed
(7) In the event of any application for representation on the Committee being received from any existing or newly formed organization operating in the area of benefit the Committee may upon a resolution supported at a duly constituted meeting of the Committee by the votes of a majority of not less than two thirds of all the members of the Committee allow such organization to appoint a representative member of the Committee in the same manner as if such organization had been named in sub—clause (3) of this clause.
(8) Upon the occurrence of a casual vacancy the Committee shall cause a note thereof to be entered in their Minute Book at their next meeting and if in the office of representative member it shall . .following persons Margaret Gold (chairman Derek Doughty Vice Chairman. .thereafter. Each organisation shall notify to the Secretary of the. . be notified as soon as possible to the proper appointing organization. A casual vacancy in the office of elected member may be filled by the Committee and the period of office of an elected member elected to fill a casual vacancy shall commence at the end of the meeting of the Committee at which he was so elected. In this clause the expression “casual vacancy” shall mean the vacancy which occurs when a member of the Committee ceases to be a Member for any reason other than his retirement pursuant to sub—clause (6) of this clause
(9) The constitution of the Committee as herein before provided may on the application of the Committee be altered from time to time by order of the Charity Commissioners Failure to Appoint
5.The proceedings of the Committee shall rot be invalidated by any failure to appoint or any defect in the appointment election or
qualification of any member
Declaration of Members
6. No person shall be entitled to act as a member of the Committee
whether on a first or on a subsequent entry into office until after
signing in the Minute Book of the committee a declaration of
acceptance and of willingness to act in the trusts of this deed.
Members not to be personally interested in the Charity
7. Except in special circumstances with the approval in writing of
the Charity Commissioners no member of the Committee shall take or
hold any interest in any property belonging to the Charity otherwise
than as a Trustee for the purposes thereof or receive any
remuneration or be interested in the supply of works or goods at the
cost of the Charity
Determination of Membership
8 Any member who is adjudged bankrupt or who makes a composition
or arrangement with his creditors or who is incapacitated from actingor who communicates in writing to the Committee and wish to resign
shall thereupon cease to be a member
Meetings of the Committee
(9) The Committee shall hold at least two ordinary meetings in each
year. A special meeting may be summoned at any time by the Chairman
or any two members upon seven clear days’ notice being given to all
the other members of the matters to be discussed
Chairman and Vice Chairman of the Committee
10 The Committee at their first meeting in each year after the
Annual General Meeting shall elect on of their number to be
Chairman of their meetings and may elect one of their number to be
Vice Chairman
If the Chairman is absent from any meeting the Vice—Chairman (if
any) shall preside; otherwise the members present shall before any
other business is transacted choose one of their members to preside
at that meeting
Voting in Committee
11. Every matter shall (except as in this Deed provided) be
determined by the majority of the members of the Committee present
and voting on the Question. In case of equality of votes the
chairman of the meeting shall have a second or casting vote.
Annual General Meeting
12. (1) There shall be an Annual General Meeting in connection with
the charity which shall be held in the month of September in each
year or as soon as practicable thereafter________
(2) All inhabitants of the area of benefit of eighteen years of age
and upwards shall be entitled to attend and vote at the Annual
General Meeting
(3)The first Annual General Meeting after the date of this Deed
shall be convened by the persons named in clause 2 hereof andsubsequent Annual General meetings by the Committee. Public notice
of every Annual General Meeting shall be given in the area of
benefit at least fourteen days before the date thereof by affixing a
notice to some conspicuous part of the Trust Property or other
conspicuous place in the area of benefit and by such other means as
the conveners think fit
(4) The persons who are present at the first Annual General Meeting
after the date of this Deed shall before any other business is
transacted appoint a chairman of the meeting. The Chairman for the
time being of the Committee shall act as Chairman of subsequent
Annual General Meetings. In his absence the Vice—chairman (if any)
shall take the chair but if neither is present the persons present
shall before any other business is transacted appoint a chairman of
the meeting. In case of equality of votes the Chairmen of the meeting
shall have a second or casting vote.
(5) The Committee shall present to each Annual General Meeting the
report and accounts of the Charity for the preceding year
Repairs and Insurance
13 The Committee shall cause all the buildings and other property of
the Charity at all times to be kept in repair and sufficiently
insured against all insurable risks including fire theft and public
liability and other insurable risks
Application of Income~
14 After satisfying its obligations under clause 12 hereof the
Committee shall as and when it thinks fit apply the net yearly
income for the purposes of the Charity
Surplus Cash
15 Any sum of cash at any time belonging to the Charity and not
needed as a balance for working purposes shall (unless otherwise
directed by the Charity Commissioners) be investedFurther Endowments
16 The Committee may receive any additional donations or endowments
for the general purposes of the Charity and it may also acccept
donations or endowments for any special object connected with the
Charity if not inconsistent with the provisions of this Deed
Minutes and Accounts
17. The Committee shall provide and keep a Minute book and books of
accounts. All proper statements of account in relation to the Charity
shall in each year be prepared as prescribed by Section 32 of the
Charities Act 1960 and copies thereof shall be sent to the Aldinqham
Parish Council
Mortages and Charges
18. The Committee may with the consent of the Charity Commissioners
from time to time by mortgage or otherwise obtain such advances on
the security of the Trust Property or any part thereof as may be
required for maintaining extending or improving the same or any part
thereof or erecting any building thereon or for the work carried on
therein and may continue or may repay in whole or in part and from
time to time any existing mortgage or charge on the Trust Property.
Letting or Sale
19. If the Committee decide at any time that on the ground of expense
or otherwise it is necessary or advisable to discontinue the use of
the Trust Property in whole or in part for the purposes stated in
clause 1. it shall call a meeting of the inhabitants of the age of
eighteen years and upwards of the area of benefit of which meeting
not less than fourteen days notice (stating the terms of the
resolution that will be proposed thereat) shall be posted in a
conspicuous place or places on the Trust Property and advertised in
a newspaper circulating in the area of benefit and if such decision
shall confirmed by three—quarters of such inhabitants present votingat such meeting the Committee may with the consent of the
Charity Commissioners let or sell the Trust Property or any part
therereof. All monies arising from such sale (after satisfaction of
any liabilities properly payable thereout) may with such consent as
aforesaid be applied in the purchase of other land approved by the
committee and to be held upon the trusts for the purposes and
subject to the provisions hereinbefore set forth (including in this
power) or as near thereto as circumstances shall permit and pending
any such application shall be invested and the income arising
therefrom or all monies arising from such letting shall be
applied for charitable purposes for the general benefit of the
inhabitants of the area of benefit
Rules
20. Within the limits prescribed by this Deed the Committee may from
time to time make and alter rules for the management of the Charity
and in particular with reference to:
(a) The terms and conditions upon which the Trust Property may be
used by persons or bodies other than the Committee for the purposes
specified in this Deed and the sum (if any) to be paid for such use
(b) The deposit of money at a proper bank and the safe custody of
documents
(c) The appointment of an Auditor
(d) The engagement and dismissal of such officers servants and
agents as the Committee may consider necessary and the payment of
such persons (not being members of the Committee)
(e) The Summoning and conduct of meetings including the number of
members who shall form a quorum thereat provided that at meetings of
Committee the quorum shall be not less then one third of the total
number of the members for the time being
SIGNED SEALED AND DELIVERED by the said
FRANK NUTALL in the presence of:
SIGNED SEALED AND DELIVERED by the said
FRANCIS TATE in the presence of: