APPENDIX
Article 2
SCHEME FOR THE ADMINISTRATION OF THE CHARITY CALLED THE PRESIDENT, VICE PRESIDENTS, TREASURER, AND MEMBERS OF THE SCHOOL FOR THE INDIGENT BLIND (OTHERWISE KNOWN AS THE ROYAL SCHOOL FOR THE BLIND), IN THE COUNTY OF SURREY.
Whereas the Charity called The President, Vice Presidents, Treasurer, and Members of the School for the Indigent Blind (otherwise known as The Royal School for the Blind), in the County of Surrey is now regulated by:
1. the School for the Indigent Blind Incorporation Act 18263;
2. the School for the Indigent Blind Act 18314; and
And whereas the Charity has made application to the Charity Commissioners for England and Wales for a Scheme for the administration thereof:
And whereas it appears to the Commissioners that a Scheme should be established for the administration of the Charity but also that it is necessary for the Scheme to alter the provision made by the said Acts of 1826, 1831 and 1865 and desirable for the Scheme to make provision which goes beyond the powers exercisable by them apart from section 17 of the Charities Act 1993:
And whereas in pursuance of section 20 of the Charities Act 1993 public notice of the Commissioners’ proposals for the Scheme has been given and no representations have been received by the Commissioners in respect thereof:
Now, therefore, the Charity Commissioners for England and Wales, in pursuance of section 17(1) of the Charities Act 1993, hereby settle the following Scheme:
SCHEME
1.Administration of Charity.
(1) The provisions of the above-mentioned Acts, other than the provisions of the said Act of 1826 as varied by the provisions of this Scheme relating to the incorporation and constitution of the Charity called The President, Vice Presidents, Treasurer, and Members of the School for the Indigent Blind (the Charity), shall cease to have effect.
(2) The Charity and the property thereof shall be administered and managed subject to and in conformity with the provisions of this Scheme under the title The Royal School for the Blind by the Council of Trustees (the Council) hereinafter constituted.
(3) The Council may from time to time by resolution alter the title of the Charity with the prior approval of the Charity Commissioners and subject to such other consents as may be required by law.
2.Investment of cash.
All sums of cash now or at any time belonging to the Charity, other than sums of cash needed for immediate working purposes, shall be invested in trust for the Charity.
PATRONS
3.Patrons.
The Council may appoint such number of persons as it from time to time thinks fit to act as Patrons of the Charity.
OBJECT
4.Object.
(1) The object of the Charity shall be to provide or assist in the provision of care, accommodation, training and support for handicapped persons with sensory impairment and in particular (but without prejudice to the generality of the foregoing) such persons with severe visual impairment.
(2) In furtherance of that object but not further or otherwise the Charity shall have the following powers:—
(a)
(a) To purchase or lease or manage property for use for the object of the Charity or for the offices of the Charity;
(b)
(b) To build, rehabilitate, repair, improve, equip, operate and maintain housing and hostel accommodation;
(c)
(c) Subject to compliance with section 36 of the Charities Act 19936, to sell, let or exchange any property belonging to the Charity not required for use for the object thereof or for the offices of the Charity;
(d)
(d) To employ such persons, who shall not be either Honorary Officers or Members of the Charity, to perform such duties as the Council considers necessary for the proper administration and management of the Charity at such reasonable salary and at such reasonable terms and otherwise as the Council thinks fit; to provide for the payment of pensions and superannuation for such persons as may be reasonable and necessary and to provide accommodation for such persons;
(e)
(e) To make donations out of the property of the Charity to charitable organisations the objects of which are similar to the object of the Charity;
(f)
(f) To borrow for such purposes in furtherance of the object of the Charity as the Council may from time to time decide and, subject to compliance with section 38 of the Charities Act 1993, to mortgage land belonging to the charity by way of security for the repayment of such borrowing;
(g)
(g) To enter into and carry into effect agreements and arrangements with Government, Public Authorities and other persons whether or not constituted for charitable purposes and to exchange useful information and advice therewith;
(h)
(h) To lend and advance money and give credit to and guarantee the performance of the contracts or obligations of any person, firm, company or industrial and provident society, engaged in work which will further the object of the Charity;
(i)
(i) To obtain indemnity insurance in respect of its liabilities under clause 26 hereof;
(j)
(j) To do all such other lawful things as are expedient or necessary for the attainment of the object of the Charity.
MEMBERS
5.Members.
(1) Except as hereinafter provided for first Members, membership of the Charity shall be open to any person over the age of 18 years interested in furthering the object of the Charity and who is accepted by the Council for membership and has paid the annual subscription laid down from time to time by the Council.
(2) Every Member shall have one vote.
(3) The Council may by unanimous vote and for good reason terminate the membership of any individual: Provided that the individual concerned shall have the right to be heard by the Council, accompanied by a friend, before a final decision is made.
(4) The provisions of this Scheme shall not prejudice the interests of the existing Life Members of the Charity. A person claiming Life Membership shall produce to the Council if requested such evidence of that person’s entitlement to Life Membership as the Council shall think necessary.
(5) It shall be the duty of the Council to maintain an accurate and up to date register of Members which shall contain at least the name and address of the Member. For the purposes of this Scheme a registered member shall mean a person accepted as being entitled to membership under sub-clauses (1) or (4) above and whose name appears in the register of members.
6.First Members.
The first Members of the Charity shall be the persons specified in the schedule hereto.
HONORARY OFFICERS
7.Honorary Officers.
(1) The Honorary Officers of the Charity shall be a President and such number of Vice-Presidents as the Members in a general meeting shall decide. The President and Vice-Presidents shall be elected and may be removed by the Members at the annual general meeting of the Charity.
(2) Honorary Officers shall be entitled to attend meetings of the Council and to address the meetings but shall not have any vote in such meetings nor any other authority over the Charity.
COUNCIL OF TRUSTEES
8.Council of Trustees.
(1) Except at first as hereinafter provided the Council shall consist of not less than eight and not more than twelve Trustees elected at the annual general meeting who shall hold office for four years from the conclusion of that meeting.
(2) Not later than one month after the making of this Scheme notice shall be issued to all registered Members of the Charity summoning them to a meeting (hereinafter called the First Election Meeting) for the purpose of electing the first Trustees of the Charity. Such notice shall be issued by the Chairman most recently appointed before the making of this Scheme but if he or she fails to do so within the limit of one month then any three Members of the Charity acting together may issue such a notice.
(3) (a)
(3) (a) If twelve Trustees are elected at the First Election Meeting they shall hold office for the following periods—
three until the annual general meeting to be held in 1999;
three until the annual general meeting to be held in 1998;
three until the annual general meeting to be held in 1997;
three until the annual general meeting to be held in 1996;
(b)
(b) If fewer than twelve persons are appointed as the first Trustees of the Charity the number to retire by rotation in 1996 and if necessary 1997 shall be reduced accordingly.
(c)
(c) The periods of office of the first...
