A  member of the Third Age Trust as an unincorporated association, this Constitution was formally adopted at the Annual  General  Meeting (AGM) of U3A Carrick on 7th April 2004 and as subsequently amended at the AGM held on 6th April 2005.

 (Registered  Charity Number 1034910)

1.          Name

The name of the charity is U3A Carrick hereafter referred to as ‘the U3A’

2.          Administration

Subject to the matters set out below, the Charity and its property shall be administered and managed in accordance with this Constitution by the members of the Executive Committee constituted by Clause 4 of this Constitution.

3.          objects

The objects of the U3A are:

  1. to advance the education of the Public and in particular, the education of older people no longer in full time gainful   employment in the administration district of Carrick in the County of Cornwall and its surrounding locality.

  2. the provision of facilities for leisure time and recreational activities with the object of improving the conditions of life for the above persons in the interests of their social welfare.

4.       EXECUTIVE COMMITTEE

The management  of the U3A shall be vested in an Executive Committee, consisting of the members whose duty it shall be to carry out its general policy and to provide for the administration, management and control of the affairs and property of the U3A.

  1. Honorary Officers

At the Annual General Meeting of the U3A the members shall elect from amongst themselves a Chairman, a Vice-Chairman, a General Secretary, a Membership Secretary and a Treasurer who shall hold office from the conclusion of that meeting, and a President if the creation of such a position has been agreed at a General Meeting.

  1. Executive Committee

The Executive Committee shall consist of not more than 12 members being:

  1. the Honorary Officers specified in the preceding Clause, excluding the President.

  2. not more than 7 members elected at the Annual General Meeting who shall hold office from the conclusion  of  that meeting.

  1. The Executive Committee may in addition appoint not more than 2 co-opted members who shall have full voting rights and have tenure until the next Annual General Meeting.

  2. Persons who need not be members may be invited by the Executive Committee to serve because of their special expertise.   They shall have no voting rights and their term of service shall expire at the next Annual General Meeting.

  3. Vacancies on  the Executive Committee which arise through resignation or termination during the year can be filled from the membership and such an appointee shall complete the term of service of the member he or she is replacing and shall be eligible for re-election in the prescribed manner at the next Annual General Meeting.

  4. The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment, election or co-option of a member.

  5. A member of the Executive Committee shall cease to hold office if he or she:

    1. is disqualified from acting as a member of the Executive Committee by virtue of Section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision);

    2. becomes incapable by means of mental disorder, illness or injury of managing his or her own affairs;

    3. is absent without the permission of the Executive Committee from 3 consecutive meetings and the Executive Committee resolve that his or her office be vacated;

    4. is subject to a vote of no confidence from the Executive Committee as a result of actions which bring the U3A into disrepute or conduct prejudicial to the U3A or failure to abide by the terms of this Constitution or decisions of the Executive Committee;

    5. notifies in writing to the Executive Committee a wish to resign (but only if at least four members of the Executive Committee will remain in office when the notice of resignation is to take effect which shall be at least 21 days from the receipt of the notification).

 5.       POWERS

In furtherance of the Objects but not otherwise, the Executive Committee may exercise the following powers:

  1. power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform to any requirements of the law.

  2. power to receive donations, endowments, sponsorships, grants, legacies and subscriptions from persons desiring to promote all or any of the Objects of the U3A and to hold funds in trust for the same.

  3. power to buy, take on lease or in exchange any property necessary for the achievement  of the Objects and to maintain and equip it for use.

  4. power to subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Charity.

  5. power to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the Objects or of similar charitable purposes and to exchange information with them.

  6. power to support any charitable trusts, associations or institutions formed for all or any of the Objects.

  7. power to appoint and constitute such advisory committees as the Executive Committee may think fit.

  8. power to organise and run conferences, lectures, seminars and courses

  9. power to publish books, pamphlets, reports, leaflets, journals, instructional matter and to produce films and videos.

  10. power to participate in and assist in the development of area and regional groupings of U3As.

  11. power to do all such other lawful things as are necessary for the achievement of the Objects.

6.      MEMBERSHIP

  1. Membership of the U3A shall be open to individuals aged 50 years or over and retired or not in full time employment who are interested in furthering the work of the U3A and who have paid the annual subscription as determined by the Executive Committee and confirmed by  the membership at an Annual General Meeting.

  2. Every individual shall have one vote.

  3. The Executive Committee may and for good reason terminate the membership of any individual if annual membership or other fees are unpaid three months after the due date, or if the member acts in a way which is prejudicial to the U3A or to the running of the U3A or brings into disrepute provided that the individual shall have the right to be heard by the Executive Committee accompanied by a friend who may also speak  or make written representation before a final decision is taken.

7.       ELECTION OF MEMBERS OF THE EXECUTIVE COMMITTEE

  1. The election of members of the Executive Committee shall be held at the Annual General Meeting of the U3A.

  2. The newly elected Executive Committee shall take office at the conclusion of the Annual General Meeting.

  3. Officers shall serve for a period of 1 year and Committee members for a period of 2 years.  Retiring Officers may stand for re-election providing that no-one may hold office for more than 5 consecutive years without an intervening period of at least one year except that a retiring Vice-Chairman may stand immediately for the post of Chairman.

8.       MEETINGS AND PROCEEDINGS OF THE EXECUTIVE COMMITTEE

  1. The Executive Committee shall hold at least 4 ordinary meetings each year.

  2. A special meeting may be called at any time by the Chairman or by any two members of the Executive Committee upon not less than seven days' notice given to other members of the Executive Committee of the matters to be discussed unless it concerns the appointment of a co-opted member in which case not less than 21 days must be given.

  3. The Chairman shall chair the meetings and in his or her absence the Vice-Chairman shall take over or if he or she is also absent the Executive Committee shall choose one of of their number to be Chairman of the meeting before any business is transacted.

  4. A President elected by the U3A will be an ex officio member of the Executive Committee and shall not have voting rights.

  5. There shall be a quorum when at least one third of the numbers of members of the Executive Committee for the time being or three members of the Executive Committee whichever is the greater are present at the meeting.

  6. Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the question but in case of equality of votes the Chairman of the meeting shall have a second or casting vote.

  7. The Executive Committee shall keep minutes of the proceedings at meetings of the Executive Committee and any sub-committees and these minutes shall be available for inspection should a member request it.

  8. The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and custody of documents.  No rule may be made which is inconsistent with this Constitution.

  9. The Executive Committee may appoint sub-committees consisting of at least one member of the Executive Committee for the purpose of performing any function or duty which in the opinion of the Executive Committee would be more conveniently undertaken or carried out by a sub-committee, provided that all acts and proceedings of any such sub-committee shall be fully and promptly reported to the Executive Committee.

  10. No Executive Committee member shall be chargeable or responsible for loss caused by any act done or omitted to be done by him or her or by any other Executive Committee member or by reason of any mistake of any other matter other than wilful and individual fraud or wrongdoing or actions knowingly beyond the scope of a specific authority or limit thereon on the part of the Executive Committee member in question.

9.         FUNDS 

  1. The funds of the U3A, including all donations, contributions and bequests shall be paid into accounts operated by the Executive Committee in the name of the U3A at such banks as the Executive Committee shall from time to time decide.  All cheques drawn on the accounts may be signed by any two of four signatories appointed by the Executive Committee save that any cheque made out in favour of one signatory must be signed by two of the others.  The funds belonging to the U3A shall be applied only in furthering the Objects.

  2. No funds shall be transferred in any way to Committee members, provided that nothing herein shall prevent the payment in good faith of reasonable and proper out of pocket expenses incurred in the course of U3A work.

  3. All proper costs, charges and expenses incidental to the management  of the U3A and membership of the Third Age Trust may be defrayed from the funds of the U3A.

10.     PROPERTY

  1. All property of the U3A shall be applied solely towards the Objects of the U3A.  

  2. Ownership of property is vested in the U3A and items may with the agreement of the Committee be transferred on a temporary basis to a nominated member's home in pursuance of his or her designated role until such time as the member's tenure of office ceases or the Executive Committee request its return.  A list of all property of the U3A shall be maintained and appended to the Annual Report giving such information as the Executive Committee shall decide.

11.     ACCOUNTS

The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to:

  1. the keeping of accounting records for the U3A;

  2. the preparation of annual statements of account for the U3A;

  3. the independent examination of the statements of account of the U3A; and

  4. the transmission of the statement of account of the U3A to the Charity Commission.

12.     ANNUAL REPORT

The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Charity Commission.

13.     ANNUAL GENERAL MEETING

  1. There shall be an Annual General Meeting of the U3A which shall be held in the month of April in each year or as soon as practicable thereafter but not later than 15 months after the preceding Annual General Meting.

  2. Every Annual General Meeting shall be called by the Executive Committee.  The Secretary shall give at least 21 days notice of the Annual General Meeting to all members of the U3A.  All the members of the U3A shall be entitled to attend and vote at the meeting.  Members unable to attend the Annual General Meeting may be allowed a postal vote.

  3. Accidental omission to give notice to any member shall not invalidate the proceedings of any General Meeting.

  4. The Executive Committee shall present to each Annual General Meeting the report and accounts of the U3A for approval.

  5. The Executive Committee shall seek approval for the appointment of the examiner for the accounts.

  6. Nominations for the election of officers and Executive Committee members must be made by members in writing and must be in the hands of the Secretary of the Executive Committee at least 14 days before the Annual General Meeting.  Should nominations exceed vacancies, election shall be by ballot or show of hands as the members present shall decide.

  7. Any proposals to amend the Constitution subject to Clause 16 shall be considered at the Annual General Meeting together with any other business published in the Agenda, or at a Special General Meeting.

14.     SPECIAL GENERAL MEETING

The Executive Committee may call a Special Meeting of the charity at any time, or if at least 25 members request such a meeting in writing stating the business to be considered, the Secretary shall call such a meeting.  At lease 21 days notice shall be given.  The notice must state the business to be discussed.  There shall be a quorum when 100 of the members are present.

15.     PROCEDURE AT GENERAL MEETINGS

  1. The Secretary or other person specially appointed by the Executive Committee shall keep a full record of proceedings at every General Meeting of the U3A.

  2. There shall be a quorum when at least 100 of the number of members of the U3A are present at any General Meeting.

  3. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting if convened at the request of members shall be dissolved.  In any other case it shall be adjourned to a suitable day and time as the Executive Committee may direct provided 21 days notice is given to all members.  If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting the members present shall be a quorum.

  4. The Chairman of the U3A shall be the Chairman of the General Meeting at which he or she is present unless the Executive Committee makes the decision to ask the President to preside.

  5. If there is a tied vote the Chairman or President should have a single casting vote.

16.    ALTERATIONS TO THE CONSTITUTION

  1. Subject to the following provisions of this Clause, the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a General Meeting.  The notice of the General Meeting must include notice of the resolution, setting out the terms of the alteration proposed.

  2. No amendment may be made to Clause 1 (the name of the Charity), Clause 3 (the Objects clause), Clause 17 (the Dissolution clause) or this Clause without the prior consent in writing of the Commissioners.

  3. No amendment may be made which would have the effect of making the Charity cease to be a Charity at law.

The Executive Committee shall promptly send to the Charity Commission a copy of any amendment made under this Clause.

17.     DISSOLUTION

If the Executive Committee decides that it is necessary or advisable to dissolve the U3A it shall call a meeting of all members of the U3A of which not less than 21 days notice (stating the terms of the resolution to be proposed) shall be given.  If the proposal is confirmed by a two thirds majority of those present and voting the Executive Committee shall have the power to realise any assets held by or on behalf of the Charity.  Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to other such local charitable institution or institutions having objects similar to the Objects of the U3A as members of the U3A may determine or to the Third Age Trust Registered Charity No. 288007.  A copy of the statement of accounts or account and statement for the final accounting period of the U3A must be sent to the Charity Commission.