MACDUFF (AUCHTERMUCHTY) TRUST
CONSTITUTION
The Trust will be known as the Macduff (Auchtermuchty)
Trust, a non-profit making environmental body, (hereinafter referred to as the
Trust), and will manage the common land owned by the Trust in the Parish of
Auchtermuchty,
The basis of the Objects, Powers and
Regulations of the Trust shall be the Deed of Trust established in the Scottish
Records Office and registered on the 29th day of November 1973.
The Objects, which shall direct the work of the Trust, are:
1. to conserve, preserve and protect the common land with open access for the benefit of all.
2. to conserve, preserve and protect the wildlife, flora and fauna of the common land for the benefit of the public.
3. to advance the education of the public about the common land, its wildlife, flora and fauna and the conservation, preservation and protection thereof.
4. to provide facilities for recreational or other leisure-time occupations in accordance with the Land Reform (Scotland) Act 2004.
In furtherance of the Objects, the Trust will:
1. manage the common land in accordance with a documented five-year management plan, to be considered and reviewed as deemed necessary by the Trustees.
2. manage the common land in ways relevant to the needs of the public.
3. utilise such land management techniques and equipment as the Trustees decide may best serve the Objects of the Trust, always maintaining safe methods of work and the safe condition of equipment, in accordance with all current, applicable legislation.
4. engage the services of volunteers, and acquire equipment, to assist in the work of the Trust, and reimburse expenses approved by Trustees.
5. facilitate access to the common land for people with particular needs in compliance with all current, applicable legislation.
6. collaborate with individuals, and statutory and voluntary agencies in pursuit of the Objects of the Trust, and promote the Trust to the public.
7. promote and carry out, or assist in promoting and carrying out research, surveys and investigations concerning the common land and publish the results, where appropriate.
8. arrange and hold (or assist in arranging and holding) exhibitions, meetings, seminars and training courses relevant to the Objects of the Trust.
9. with due regard to confidentiality, collect and disseminate information on all matters affecting the Objects of the Trust and exchange such information with other bodies having similar objects.
10. write, print or otherwise reproduce and circulate, free of charge or for payment such papers, books, pamphlets, periodicals or other documents, which shall raise awareness and further the Objects of the Trust.
11. receive contributions by way of subscription or donation and raise funds, to further the Objects of the Trust.
12. hold a bank account in the name of the Trust.
13. do other lawful things as may be necessary for the attainment of the Objects of the Trust.
In relation to the Objects the Trust will strive to avoid intentional and unintentional discrimination against any group or individual on any grounds.
In accordance with the Deed of Trust there shall normally be twelve Trustees including the Office Bearers who will be appointed at the Annual General Meeting. The Trustees shall be responsible for realising the Objects of the Trust and for the administration, management and control of its affairs. All Trustees will have equal voting rights.
The Trustees shall, at the Annual General Meeting, appoint the following Office Bearers:
(a) Chair; (b) Vice-Chair; (c) Treasurer, (d) Secretary, and other such Office Bearers as the Trust may from time to time require. The Office Bearers shall hold office until the conclusion of the next AGM following their appointment, and shall be eligible for re-election.
Any vacancy in the Trustees shall be filled, by majority agreement of the Trustees, and in accordance with the Deed of Trust, by co-option in a timely manner from suitable persons.
The Trustees will have the power to declare vacant the seat of any Trustee who is absent from three consecutive meetings without apology.
The majority of Trustees will have the right, for good and sufficient reason to suspend or terminate the membership of an individual Trustee. Any such individual shall be given reasons and a timescale to work to, and the opportunity to appeal against the Trustees decision.
The Trustees shall hold a minimum of four meetings per year at least quarterly, and one of these meetings may be the Annual General Meeting, to be held as soon as practicable after the accounts have been audited.
The quorum at meetings of the Trust shall be one third of the Trustees.
The date of the next meeting shall be set at each meeting. Each meeting shall be properly notified and convened, with a set agenda and a Minute taken of points raised and of any decisions made. These Minutes shall be recorded and maintained by the Secretary, or as designated. All communication concerning the Objects of the Trust entered into by Trustees shall be reported at the next meeting.
The Trustees may appoint sub-committees or working groups as necessary, and shall determine their terms of reference, powers, duration and composition. The Trustees will appoint the chair of such sub-committees or working groups. All office bearers shall be ex officio members of all sub-committees.
An Annual General Meeting (AGM) of the Trust shall be convened by the Trustees each year, not more than two months after examined Accounts have been received, for the purpose of:
1. receiving and approving the Annual Report and accounts of the Trust.
2. electing the Office Bearers, as noted in section 6.
3. appointing an independent financial examiner.
The AGM shall be open to the public.
A Special General Meeting (SGM) of the Trustees may be called on fourteen days notice upon the written demand of any five Trustees, or by the Chair or in the absence of the Chair, the Vice-chair.
The quorum at General Meetings shall be one third of the Trustees.
The proceedings of the Trust shall not be invalidated by any failure to appoint, or any defect in the appointment of any Trustee or office-bearers.
The Trust’s financial year shall run from 16 May to 15 May.
The Trust shall apply all of its income to the furtherance of the Objects of the Trust.
The accounts shall be examined at least once a year by an independent financial examiner.
A bank or building society account shall be opened in the name of the Trust.
Trustees shall authorise in writing the Chair, Vice-Chair, Treasurer and Secretary to sign cheques on behalf of the Trust.
All cheques must be signed by not less than two of the four signatories, one of whom shall be the Treasurer and all cheques and cheque stubs shall be completed with full and proper details of each payment before a cheque is removed and signed. Cheque signatories shall examine previous cheque stubs before a cheque is signed, and ensure that a signed receipt accompanies each cheque or receipted invoice.
The Treasurer shall submit written financial reports at each Meeting outlining the income, expenditure and balances for the period and year to date.
The Constitution may be altered at the Annual General Meeting or at a Special General Meeting called for that purpose, and will require to be passed by not less than two-thirds of the Trustees. At least twenty-one clear days notice in writing of such meeting shall be given by the Secretary to the Trustees and shall include notice of the alteration proposed.
The Trust will not dispose of any common land prior to a duly agreed dissolution.
The Trust may at any time be dissolved by a resolution passed unanimously by all Trustees. This shall be at an Annual General Meeting or at a Special General Meeting called for that purpose. At least twenty-one clear days notice in writing of such meeting shall be given by the Secretary to the Trustees and shall include notice of the proposed dissolution.
Such resolution may give instructions for the disposal of any assets held by or in the name of the Trust, provided that if any property remains after the satisfaction of all debts and liabilities, such property shall not be paid to or distributed among the Trustees but shall be given or transferred to such other charitable institution or institutions within Scotland having objects similar to some or all of the objects of the Trust as the Trustees may determine.
Adopted at the Meeting of the Trust on Monday 20th November 2006.
Signed Michael O’Hara Position Chair
Signed Michael King Position Vice-Chair
Signed Heather Winship Position Secretary
Signed John Whyte Position Trustee
Signed Ruth O’Riordan Position Trustee
Signed Nick Ince Position Trustee
Signed Polly Murray Position Trustee
Signed Kate Morison Position Trustee
Signed Derek Scrivener-Anderson Position Trustee
Signed Peter Branfield Position Trustee
Signed Anne Muirhead Position Trustee
Signed Roger Smith Position Trustee