Claremont County Primary School Parent Teacher Association Constitution

1. ASSOCIATION DETAILS

1.1 Type of Association: (please tick the appropriate box)

Parent Teacher Association (PTA)

1.2 Association name in full: Claremont County Primary School Parent Teacher Association

1.3 School name in full: Claremont Primary School

School address: Banner Farm Road, Tunbridge Wells, Kent, TN2 5EB, United Kingdom

1.4 The Committee:

The minimum number of Committee Members: 7

2. PURPOSES

2.1 The object of the association (the objects) is to advance the education of pupils in the school in particular by:

Developing effective relationships between the staff, parents and others associated with the school.

Engaging in activities or providing facilities or equipment which support the school and /or advance the education of the pupils.

3. POWERS

The committee members and trustees have the following powers, which may be exercised only in promoting the charity’s purpose (‘objects’):

To provide advice

To publish or distribute information

To co-operate with other bodies

To raise funds (but not by means of permanent trading)

To acquire or hire property of any kind

To make grants or loans of money and to give guarantees

To set aside funds for special purposes or as reserves against future expenditure

To deposit or invest funds in any lawful manner (but to invest only after obtaining advice from a financial expert and having regard to the suitability of investments and the need for diversification)

To take out public liability and personal accident insurance to cover association meetings, activities, committee members/trustees, to insure the association’s property against any foreseeable risk and take out other insurance policies to protect the association where required

To employ paid or unpaid agents, staff or advisers

To enter into contracts to provide services to or on behalf of other bodies

To pay the costs of forming the association

To obtain and pay for goods and services as are necessary for carrying out the work of the charity

To consult parents on their views

To open and operate bank and other accounts as the committee members/trustees consider necessary

To do anything else within the law that promotes the objects BUT the committee shall not undertake any activity in the school premises without the consent of a member of school staff.

4. MEMBERSHIP

Members of the association are:-

4.1 In a Parents Association, the parents, guardians or carers of any pupil currently attending the school or in a Parent Teacher Association, Parent Staff or Home-School Association as detailed above plus teaching and non-teaching staff currently employed by the school or in any other association, for example a Friends group or Parentkind association, those described above and any person over the age of 18 wishing to offer appropriate support or help to the school and who is accepted by the committee as a member.

4.2 Membership is terminated if:

4.2.1 the member dies

4.2.2 the member resigns by written notice to the association

4.2.3 the committee member or trustees may for good reason, regardless of whether or not this is at the request of the governing body or the headteacher, exclude any person from membership or from attending an event whose presence at or support of the school is deemed a danger to the school or its pupils or staff or might bring the association into disrepute. Removal is not effective until the member concerned has been notified in writing of the proposal and his/her right to respond within 14 clear days, and the matter has been considered in light of any representations made.

5. GENERAL MEETINGS (ANNUAL AND EXTRAORDINARY)

5.1 All members are entitled to attend any general meeting of the association. Meetings can be held physically or virtually. A virtual meeting may be held by suitable electronic means agreed by the committee members in which each participant can see and hear all other participants. These meetings must comply with all other rules for the meeting, including chairing, taking of minutes and quorums.

5.2 All general meetings are called by giving 21 clear days written notice of the meeting to the members. The notice should specify the date, time and location of the general meeting as well as give an overview of the agenda.

5.3 There is a quorum at a general meeting when the total number of members present (including committee members and trustees) is at least the number of committee members and trustees in office at the start of the meeting. The only exception would be at a general meeting where the association is being dissolved: please see clause 13.

5.4 The Chair or (if the Chair is unable or unwilling to do so) some other committee member or trustee elected by those present is in charge of a general meeting.

5.5 Except where otherwise provided in this constitution (Dissolution: clause 13), every issue at a general meeting is decided by a simple majority of the votes cast by the members present at the meeting.

5.6 Except for the Chair of the meeting, who has a second or casting vote where a vote is equally divided (tied), every member present is entitled to one vote on every issue.

5.7 The association must hold a general meeting within 12 months of the date of the adoption of this constitution. Thereafter, an AGM must be held in each subsequent year and not more than 15 months may elapse between successive AGMs.

5.8 At an AGM the members:

5.8.1 receive the accounts of the association for the previous financial year

5.8.2 receive the report of the committee members and trustees on the association’s activities since the previous AGM

5.8.3 elect the committee members and trustees

5.8.4 appoint an independent examiner or auditor for the association if this is needed

5.8.5 may confer on any individual (with his or her consent) the honorary title of Patron, President or Vice-President of the association

5.8.6 discuss and determine any issues of policy or deal with any other business put before them

5.9 A general meeting may also be called for special or extraordinary reasons (called an extraordinary general meeting or EGM). In addition to being called by committee members, these can be called by members of the association. This requires a request in writing to the committee from 10 or more members. As a result, the committee must call an EGM (give all members of the association notice of the EGM) within 21 days of the written requests being received from members. This EGM must happen within three months of the written requests being received. (This timeframe is designed to make allowances for school holidays.)

6. COMMITTEE

6.1 The Committee is made up of committee members and charity trustees, and who have control of the association, its property and funds.

6.2 Committee members and trustees shall be elected at the AGM and shall hold office until the next AGM.

6.3 All committee members and trustees, except those who are co-opted, must be members of the association.

6.4 Committee members and trustees shall have the power to co-opt committee members and trustees at any time, and co-opted committee members and trustees shall serve until the date of the next AGM.

6.5 The number of co-opted committee members and trustees must not be more than 50% of the total number of committee members and trustees. Nominations for election to the committee may be made by any member of the association and seconded by another. Such nominations must have the consent of the nominee. Nominations should be made in writing to the Chair at any time until the election process has been completed. If no nominations or an insufficient number are received before the AGM, any members present may nominate a person, with their consent, and that person may be appointed by a majority vote of those present.

6.7 A committee member and trustee (whether elected or co-opted) automatically ceases to be a committee member/trustee if he or she:

6.7.1 is disqualified under section 178 of the Charities Act 2011 or any substantial re-enactment from acting as a charity trustee

6.7.2 in the written opinion, given to the charity, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a trustee and may remain so for more than three months

6.7.3 is absent from three consecutive meetings of the committee without prior notification to the Secretary

6.7.4 ceases to be a member of the association

6.7.5 resigns by written notice to the committee but only if at least two committee members and trustees remain in office

6.7.6 is removed by a resolution passed by a majority of other committee members and trustees. Removal is not effective until the committee member/trustee concerned has been notified in writing of the proposal and his/her right to respond within 14 clear days, and the matter has been considered in light of any representations made.

6.8 All committee members and trustees shall be entitled to reimbursement of reasonable out-of-pocket expenses (including hotel and travel costs) actually incurred in the administration of the association.

6.9 A retiring committee member or trustee is entitled to an indemnity from the continuing committee members and trustees at the expense of the association in respect of any liabilities properly incurred while he or she held office.

6.10 A technical defect in the appointment of a committee member or trustee of which the committee is unaware at the time does not invalidate decisions taken at a meeting.

7. COMMITTEE MEETINGS

7.1 The committee must hold at least three meetings every academic year. Meetings can be held physically or virtually. A virtual meeting may be held by suitable electronic means agreed by the committee members in which each participant can see and hear all other participants. These meetings must comply with all other rules for the meeting, including chairing, taking of minutes and quorums.

7.2 A quorum at a committee meeting is a minimum of 7 committee members and trustees.

7.3 The Chair or, if the Chair is unable or unwilling to do so, some other committee member or trustee chosen by the members present is in charge at each committee meeting.

7.4 Every decision may be made by a simple majority of the votes cast at a committee meeting. A resolution which is in writing (including by email) and signed by all committee members and trustees is equally valid. The resolution may be contained in more than one document and will be treated as passed on the date of the last signature.

7.5 Except for the Chair of the meeting, who has a second or casting vote every committee member and trustee has one vote on each issue.

8. POWERS OF COMMITTEE

The following powers are available to the committee to help run the association:-

8.1 to delegate any functions of the committee to sub-committees. These must consist of two or more persons appointed by the committee but at least one member of every sub-committee must be a committee member or trustee. All sub-committee proceedings must be promptly reported to the main committee, and the committee member in charge should take responsibility for requesting budget, managing and tracking budget and submitting receipts and invoices in accordance with the PTAs Financial Controls Policy.

8.2 to make rules consistent with this constitution about the committee and sub-committees, to govern proceedings at general meetings and generally about the running of the association including the operation of bank accounts and the management of funds as determined by the PTAs Policies.

9. PROPERTY & FUNDS

9.1 The property and funds of the association must only be used to fulfil the objects (see clause 2).

9.2 Committee members and trustees can enter into contracts with the association for the provision of goods and services to the association (but not contracts of employment with the association except with the prior written consent of the Charity Commission) provided that:

9.2.1 the maximum amount is set out in writing and is reasonable for the services provided

9.2.2 the committee members and trustees are satisfied that the agreement is in the interests of the charity before entering into it

9.2.3 the total number of committee members and trustees entitled to such remuneration is in the minority from time to time.

9.3 Whenever a committee member or trustee has a personal interest in a matter to be discussed at a meeting, the committee member or trustee must:

9.3.1 declare an interest before discussion begins on the matter

9.3.2 withdraw from that part of the meeting unless expressly invited to remain in order to provide information

9.3.3 not be counted in the quorum for that part of the meeting

9.3.4 withdraw during the vote and have no vote on the matter.

10. RECORDS & ACCOUNTS

The committee must comply with the requirements of The Charities Act 2011 or any substantial re-enactment as to the keeping of financial records, the audit or independent examination of accounts and the preparation and transmission to the Charity Commission of:

10.1.1 annual reports

10.1.2 annual returns

10.1.3 annual statements of account.

10.2 The committee must keep proper records of:

10.2.1 all proceedings at general meetings

10.2.2 all proceedings at committee meetings

10.2.3 all reports of sub-committees

10.3 Annual reports and statements of account relating to the association must be made available for inspection by any member of the association.

10.4 The committee must notify the Charity Commission promptly of any changes to the association’s entry on the Register of Charities.

11. NOTICES

11.1 Notice of any general meeting of the association may be sent by hand, by post, by suitable electronic communication (email) or in any newsletter distributed by the association to its members. Notification by hand may include distribution to parents, guardians and carers via their children with or without other communications from the school.

11.2 The address at which a member is entitled to receive notices (if sent by post) is the last known address of the member.

11.3 A technical defect in the giving of notice which the members or committee members or trustees are unaware of at the time does not invalidate decisions taken at a general meeting.

12. AMENDMENTS

This constitution may be amended at a general meeting of the association by a two-thirds majority of the votes cast but:

12.1 The members must be given 21 clear days’ notice of the proposed amendments

12.2 No amendment is valid if it would make a fundamental change to the charitable purpose (objects)/clause 2 or destroy the charitable status of the association and no amendment may be made to clause 9 without the prior written consent of the Charity Commission

12.3 A copy of any resolution amending the constitution must be sent to the Charity Commission within 21 days of it being passed.

13. DISSOLUTION

13.1 The association may be dissolved by a resolution presented at an EGM or an AGM where this is included in the notice of the meeting. The resolution must have the agreement of two-thirds of those voting and must give instructions for the disposal of any assets remaining after paying the outstanding debts and liabilities of the association.

13.2 The net assets shall not be distributed among the members of the association but will be given to the school for the benefit of the pupils of the school. In the event of the school closing any remaining funds could be distributed to a neighbouring school or schools as selected by the committee.

13.3 If it is not possible to dispose of assets as described in clause 13.2 then the assets can be given to another charitable cause provided that the cause is within the objects of the association.

13.4 The committee members and trustees must notify the Charity Commission promptly that the association has been dissolved. The committee members and trustees must comply with any request from the Commission including providing the association’s final accounts.

14. GLOSSARY OF TERMS

14.1 In this Constitution:

• address: means a postal address or, for the purposes of electronic communication, i.e. an email address, or a text message number in each case registered with the charity

• AGM: means an annual general meeting of the members of the association

• the association: means the charity comprised in this constitution

• the Chair: means the Chair of the association elected at the AGM

• charity trustee: has the meaning prescribed by section 177 of the Charities Act 2011 or any substantial re-enactment. Only members of the Executive Committee is legally a charity trustee

• clear day: means 24 hours from midnight following the triggering event

• the Commission: means the Charity Commission for England and Wales: www.gov.uk/government/organisations/charity-commission

• the committee: is the governing body of the association and includes all elected and co-opted committee members and trustees

• committee member(s): means a member of the committee elected at the AGM by the membership

• co-opted committee member or trustee: means a member of the committee appointed by the committee members and/or trustees in accordance with clause 6

• EGM: means an extraordinary general meeting of the members of the association and which is not an AGM

• executive committee: means the formal trustees of the Charity and ordinarily made up of the Chair, Vice Chair, Treasurer and Secretary

• fundamental change: means a change that would not have been within the reasonable contemplation of a person making a donation to the association

• general meetings: means any AGM or EGM (see above)

• governing body: means the governing body of the school

• headteacher: means the headteacher, executive head or Principal of the school

• independent examiner: has the meaning prescribed by section 145(a) of the Charities Act 2011 or any substantial re-enactment

• member and membership: refer to members of the association as set out in clause 4

• months: means calendar months

• the objects: means the charitable objects of the association set out in clause 2

• permanent trading: means carrying on a trade or business on a continuing basis for the principal purpose of raising funds and not for the purpose of actually carrying out the objects

• written or in writing: refers to a legible document on paper including an electronic communication (email) where the member or co-opted committee member/trustee has agreed to receipt of notices by electronic means

• unincorporated association: an ‘unincorporated association’ is an organisation set up through an agreement between a group of people who come together for a reason other than to make a profit, e.g., a voluntary group or a sports club. Individual members are personally responsible for any debts and contractual obligations

• year: means calendar year unless otherwise specified.

14.2 References to an Act of Parliament are references to the Act as amended or re-enacted from time to time and to any subordinate legislation made under it.

If you have any questions about the constitution, please contact us at claremonttwpta@gmail.com.

Claremont County Primary School Parent Teacher Association Constitution

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