1. Name
The name of the pre-school shall be FELTWELL PLAYGROUP herein after referred to as “the pre-school” and the pre-school is a body in membership of the Early Years Network and Pre-school Learning Alliance.
2. Aim
The aim of the pre-school is to enhance the development and education of children primarily under statutory school age by encouraging parents to understand and provide for the needs of their children through community groups and by:
(a) offering appropriate play facilities and training courses, together with the rights of the parents to take responsibility for and to become involved in the activities of such groups, ensuring that such groups offer opportunities for all children whatever their race, culture, religion, means or ability
(b) encouraging the study of the needs of such children and their families and promoting public interest in and recognition of such needs in the local areas
3. Powers
For the furtherance of this aim the pre-school may
(a) provide accommodation and equipment and engage staff
(b) raise money to pay for the pre-school’s activities
(c) make such payments as shall be necessary
(d) fix and collect the fees payable in respect of children attending groups run by the pre-school
(e) control the admission of children to the groups run by the pre-school and if appropriate, require parents or guardians to withdraw them
(f) as a member of the Pre-school Learning Alliance and of the Early Years Network send a representative to vote at local Branch and/or County meeting if deemed necessary
(g) take such actions as may benefit the pre-school.
4. Membership
Membership shall be of two kinds
(a) Family Members
Parents or guardians of all children who attend any group run by the pre-school, each family to have one vote and count as one member
(b) Other Members
Other interested individuals, persons or other bodies, excluding paid employees, approved by the Committee shall be entitled to become members of the pre-school but such persons shall not be entitled to become members until the pre-school have received the appropriate subscription set by the Committee.
5. General Meetings
An Annual General Meeting shall be held in the SUMMER term each year at which the Annual Report and a receipts and payment account and a statement of assets and liabilities which have been examined by an independent examiner or when necessary to comply with current legislation accruals accounts examined by an independent examiner or registered auditor for the preceding year shall be presented and agreed.
6. A Special General Meeting may be called at any time at the request of the committee or not less than one quarter of the members (for the avoidance of doubt for this purpose each family counts as one member).
7. An emergency meeting may be called at any time at the request of the Chair or not less than one half of the Committee members.
8. (a) The Secretary or Chair shall post a note of the date, time and place of each Annual General Meeting and any Special General Meeting, on the notice boards at the pre-school at least two weeks before the meeting, and if possible also send a note/invitation to all members.
(b) If the Chair or Secretary do not call a Special General Meeting within two months of a proper request to do so, any member may call that meeting by putting up a notice in a conspicuous place where the group meets at least two weeks before the meeting.
9. The quorum for a General Meeting shall be 10% of the members or 5 members, whichever is the greater. For this purpose the membership of the group is counted as the number of different families attending in the three weeks prior to the General Meeting. If fewer attend, a new meeting must be called.
10. Committee
The committee shall meet at least three times a year and is responsible for ensuring that the pre-school complies with its aims and is properly managed.
11. The committee shall consist of :
(a) 3 Officers (Chair, Secretary and Treasurer) and
(b) Not less than 2 nor more than 9 elected members and
(c) If the committee so decided, not more than 3 members co-opted by the Committee
12. At least 60% of the Committee members, including co-opted members, shall at the time of election or co-option be parents or guardians of children in groups run by the pre-school. In the event that this 60% figure cannot be achieved, the pre-school may elect other members who are not such parents or guardians to the Committee subject to each of those other members being approved by the local Branch Executive Committee.
13. (a) The Officers and Committee members in 11(a) and 11(b) shall be elected for one year at the Annual General Meeting. Retiring Officers and Committee members are eligible for re-election unless they have already served on the Committee in any capacity for six consecutive years. However, if the Committee so wishes, an Officer can continue to serve on the Committee for any number of years if requested to do so by 90% of the Committee members.
(b) Co-opted members in 11(c) may join at any time on the invitation for the Committee but shall retire at the next Annual General Meeting. No co-opted member shall serve for more than three consecutive years.
(c) In the event of the death or resignation of an elected member, the vacancy shall be filled until the next Annual General Meeting by a member appointed by the Committee.
14. Officers, elected members and co-opted members each have one vote. In the event of a tie the Chair has as second or casting vote. A quorum shall be not less than half the Committee, including 2 of the Officers.
15. Paid employees are employed by the Committee and therefore cannot be Committee members or vote at Committee Meetings. They, or their representative, can be invited to attend any or all meetings in an advisory capacity and should normally be so invited, but need not attend the whole of the meeting. Paid employees, if members of the pre-school, shall be entitled to attend and vote at all General Meetings of the pre-school.
16. Trustees
16.1 The Title to any real and/or leasehold property which may be acquired by the pre-school should be vested in custodian Trustees of whom, for the pre-school property trust, there shall not be less than two or more than four trustees.
16.2 Trustees shall hold office until:
16.2.1 Death; or
16.2.2 Retirement with the consent of the remaining Trustees; or
16.2.3 Removal by resolution of the pre-school Committee; or
16.2.4 Removal by operation of the law;
but no retirement or removal shall be effective unless there will be at least two remaining trustees.
16.3 Whenever a Trustee is appointed under paragraph 16.1 or discharged under 16, a memorandum of such appointment or discharge shall be prepared and signed and sealed so as to comply with the provisions of Section 35 of the Charities Act 1960 or any statutory amendment or re-enactment thereof.
16.4 In the absence of fraud or wilful default the Trustees shall be indemnified out of the pre-school’s property against risk and expense incurred in the exercise of their duty at Trustees.
16.5 The pre-school committee shall convene a meeting within one month of receiving a request for such a meeting from a majority of the Trustees appointed as Trustees of any property trust for the pre-school, provided that such meetings shall be limited to matters relating to any property and its management.
17. Finance
The Committee shall ensure that proper accounting records of the pre-school, complying with the requirements of current legislation, are kept. The accounting records shall, in particular contain:
(a) Entries showing from day to day all monies received and expended and the matters in respect of which the receipt and expenditure took place;
and
(b) A record of the assets (e.g. money, goods and property) held and any monies owed by the pre-school.
At each meeting of the Committee the Trustees and/or deputy shall present an up to date written statement of receipts and payments to the Committee, acceptance of which shall be recorded in the minutes.
18. All cheques shall be signed by two Officers, one of whom shall normally be the Treasurer: duplicate bank statements shall be sent to the Chair.
19. At the end of the Financial Year, whilst complying with the requirements of current legislation, the Treasurer shall normally prepare a receipts and payment account and a statement of assets and liabilities which, after review by an independent examiner appointed by the Committee, shall be presented to the Annual General Meeting. An independent examiner is a person independent of the pre-school who is reasonably believed by the Committee to have the requisite ability and practical experience to carry out a competent examination of the accounts.
20. The funds of the pre-school shall be used only for the purposes of the pre-school and no payment shall be made to any members except
(a) if that member is employed by the pre-school and then only as proper remuneration in respect of the employment
(b) as repayment to expenses properly incurred on behalf of the pre-school
(c) as interest at a reasonable rate on money lent to the pre-school
(d) in exceptional circumstances with the agreement of 75% of the Committee, gratuity payments may be made to an Officer who has been in office for a minimum of 3 continuous years in the same position, to retain them in that position if it is felt to be beneficial to the pre-school by the Committee.
21. Dissolution
If at a general meeting of the pre-school members decide to terminate the existence of the pre-school any funds or equipment remaining after all debts have been paid shall remain in a bank account for the future re-opening of the, or a similar pre-school in the area of the pre-school. In agreement with the Committee the names of four trustees will remain as signatories for this account.
22. Change of Constitution
This constitution may be altered only if two thirds of the members present at a General Meeting vote in favour of changing it.
This constitution was approved by the members of the FELTWELL PLAYGROUP pre-school at a General Meeting held on WEDNESDAY 17TH JULY 2002.
Signed………………………………………………(Chair) ……………………………………………………….( )