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Scarborough & District Disablement Action Group's Constitution

1. Name:

The name of the group is Scarborough & District Disablement Action Group

(Hereafter referred to as "The Group")

2. Objects and Powers:

(a) The Group is established to benefit those persons in Scarborough and surrounding districts (the area of benefit) who are substantially and or permanently disabled by providing, or encouraging the provision of services which facilitate independence in daily living activities, active participation in and full integration into Society.

(b) To promote the relief of all disabled persons within the area of benefit and to assist those persons by the provision of a direct information and advice service.

(c) In furtherance of the said objects, but not otherwise, The Group may:

(1) Employ and pay any person or persons not being a member of the Executive Committee to organise and carry on the work of The Group.

(2) Bring together people with physical, sensory and mental disabilities and non-disabled supporters.

(3) Promote and carry out or assist in promoting and carrying out research, surveys and investigations and publish the useful results thereof.

(4) Arrange and provide for or join in arranging and providing for the holding of exhibitions, meetings, lectures, classes, seminars and training courses.

(5) Collect and disseminate information on all matters affecting the said objects.

(6) Purchase, take on lease or in exchange, hire or otherwise acquire any property and any rights and privileges necessary for the promotion of the said objects and construct, maintain and alter any buildings or erections necessary for the work of The Group.

(7) Subject to such consents as may be required by law, borrow or raise money and receive contributions for the said objects and accept gifts on such terms and on such security as shall be deemed to be necessary.

(8) Invest the monies of The Group not immediately required for the said objects.

(9) Do all such other lawful things as are necessary for the attainment of the said objects.

3. Membership:

(a) Full membership of The Group shall be open to; Individuals of 18 years and over who are interested in furthering the work of The Group and who have paid the annual subscription as laid down from time to time by the Executive Committee hereinafter mentioned.

(b) Junior membership shall be open to those under the age of 18 years who are interested in furthering the work of The Group. Junior members shall not be entitled to vote.

(c) Honorary members may be appointed at the discretion of the said Executive Committee. Honorary members shall not be entitled to vote.

(d) No paid employee, employed by The Group or by SCOPE or any local group or association affiliated to SCOPE shall be eligible for membership of the Executive Committee.

(e) The said Executive shall have the right: For good and sufficient reason to terminate the membership of any individual PROVIDED THAT the individual member concerned shall have the opportunity to be heard by the said Executive Committee before a final decision is made.

4. Honorary Officers:

(a) At the Annual General Meeting hereinafter mentioned The Group shall elect a chairperson, a vice-chairperson, a treasurer, a secretary and other such honorary officers as The Group shall from time to time decide with not less than 60% being disabled.

(b) The chairperson and the honorary officers of The Group shall hold office until the conclusion of the Annual General Meeting of The Group next after their election but shall be eligible for re-election PROVIDED THAT no honorary officer shall hold office for more than six consecutive years. On the expiration of such period, one further year must elapse before any former honorary officer shall be eligible for re-election, for the same post.

(c) The chairperson and the honorary officers shall be ex officio members of the Executive Committee.

(d) The Group shall appoint one or more qualified auditors and may determine their remuneration (if any).

(e) The chairperson and vice chairperson must be people who are disabled.

5. Executive Committee:

(a) Subject after herein mentioned the policy and general management of the affairs of The Group shall be directed by an Executive/Management Committee (hereinafter referred to as "the Committee") which shall meet not less than four times a year and when complete shall consist of not less than nine or more than eighteen members including the officers and two junior members.

(b) The members of the Committee shall be elected at the Annual General Meeting of The Group in accordance with Clause 6 hereof.

(c) Election to the Committee shall be for three years. One third of the membership shall retire annually but shall be eligible for re-election, the members so to retire being those who have been longest in office since the last election but not reckoning ex officio members. As between members who have been in office the same length of time, those due to retire shall be chosen by lot.

(d) At least 60% of the members of the Committee must be people who are disabled.

(e) In addition to the members so elected and to those serving by virtue of clause 4(c) hereof the Committee may co-opt further members.

(f) PROVIDED THAT numbers of co-opted members shall not exceed one third of the total membership of the Committee at the time of co-operation. Co-opted members shall be entitled to vote at meetings of the Committee.

(g) Any casual vacancy in the Committee may be filled up by the Committee and any person appointed to fill such a casual vacancy shall hold office until the conclusion of the next Annual General Meeting of The Group and shall be eligible for election at the Meeting.

(h) The proceedings of the Committee shall not be invalidated by any failure to elect or any defect in the election, appointment, co-option or qualification of any member.

(i) The Committee may appoint such special or standing committees as may be deemed necessary by the Committee and shall determine their terms of reference, powers, duration and composition. All acts and proceedings of such special or standing committees shall be reported back to the Committee fully and promptly.

6. Meetings of The Group:

(a) The first General Meeting of the Association shall be held not later than the ........................20... and once each year thereafter an Annual General Meeting of The Group shall be held at such time (not being more than 15 months after the holding of the preceding Annual General Meeting) and place as the Committee shall determine. At least 21 days clear notice shall be given in writing by the Secretary to each member. At such Annual General Meeting the business shall include the election of honorary officers; the election of full members to serve on the Committee in accordance with clause 5c; the appointment of an auditor or auditors; the consideration of an annual report of the work done by or under the auspices of the Committee and of the audited accounts and the transaction of such other matters as may from time to time be necessary.

(b) The Chairman of the Committee may at any time at his/her discretion and the Secretary shall within 21 days of receiving a written request so to do, signed by not less than 10% of the full membership, and giving reasons for the request, call a Special General Meeting of The Group.

7. Nominations of the Honorary Officers and Committee Members:

Only full members of The Group shall be eligible to serve as members of the Committee and those who wish to be Honorary Officers must have served on the Committee for at least a year. The Chairperson and Vice-Chairperson must be people who are disabled. Nominations for Honorary Officers or members of the Committee must be made by full members of The Group in writing and must be in the hands of the Secretary at least seven days before the Annual General Meeting. Should nominations exceed vacancies, election shall be by ballot.

8. Rules of Procedure at all Meetings:

(a) Quorum The quorum at any committee of The Group shall be three or one third whichever shall be the greater of the actual membership of that committee subject to a minimum of five on the Executive Committee.

(b) Voting Same as otherwise herein provided, all questions arising at any meeting shall be decided by a simple majority of those present and entitled to vote thereat. Arrangements for proxy voting (which must always be in writing) may from time to time be made by Committee. No person shall exercise more than one vote notwithstanding that he or she may have been appointed to represent two or more interests, but in case of an equality of votes the Chairperson of the meeting shall be a second or casting vote.

(c) Minutes Minute books shall be kept by the Committee and all other committees and the appropriate secretary shall enter therein a record of all proceedings and resolutions.

(d) Standing Orders and Rules The Committee shall have power to adopt and issue Standing Orders and/or Rules for The Group.


9. Finance:

(a) All monies raised by or on behalf of The Group shall be applied to further the objects of The Group and for no other purpose PROVIDED THAT nothing herein contained shall prevent the payment in good faith of reasonable and proper remuneration to any employee of The Group or the payment to the members of the Committee or of any committee appointed under clause 5 (h) hereof of reasonable out-of-pocket expenses.

(b) The Honorary Treasurer shall keep proper accounts of the finances of The Group.

(c) The accounts shall be audited at least once a year by the auditor or auditors appointed at the Annual General Meeting.

(d) An audited statement of the accounts for the last financial year shall be submitted by the Committee to the Annual General Meeting as aforesaid.

(e) A bank account shall be opened in the name of The Group with such bank as the Committee shall from time to time decide. The Committee shall authorise at least two members of the Committee to sign cheques on behalf of The Group.

10. Trust Property:

The title to all real or personal property which may be acquired by or on behalf of The Group shall be vested in a corporation lawfully entitled to act as Custodian Trustee or in not less than two or more than four individual persons (not being members of the Committee).

11. Alterations to the Constitution:

Alteration to this Constitution shall receive the assent of two thirds of the members present and voting at an Annual General Meeting or a Special General Meeting. A resolution for the alteration of the constitution must be received by the Secretary of The Group at least 21 days before the meeting at which the resolution is to be brought forward. At least 14 days notice of such a meeting must be given by the Secretary to the membership and must include notice of the alteration proposed. Provided that no alteration to clause X (objects), clause Y (dissolution) or this clause, shall take effect until the approval in writing of the Charity Commissioners or other authority having charitable jurisdiction shall have been obtained; and no alteration shall be made which would have the effect of causing The Group to cease to be a charity in law.

12. Dissolution:

If the Committee by a simple majority decide at any time that on the grounds of expense or otherwise it is necessary or advisable to dissolve The Group, it shall call a meeting of all members of The Group who have the power to vote, of which meeting not less than 21 days notice (stating the terms of the resolution to be proposed thereat) shall be given. If such decision shall be confirmed by a two-thirds majority of those present and voting at such meeting the Committee shall have the power todispose of any assets held by or on behalf of The Group. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of The Group as the Committee may determine.

13. Notices:

Any notice may be served by the Secretary or any member either personally or on its appointed representative as the case may be, or by sending it through the post in a pre-paid letter addressed to such member at his/her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within ten days of posting.

14. Interpretation:

For the interpretation of this Constitution, the Interpretation Act, 1978, shall apply as it applies to the Interpretation of an Act of Parliament.

 

Reviewed 8 May 2003. Approved 29 November 2003.

Integration Through Action

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For disabled people, carers and anyone with an interest in disability issues.

Contact us: Disablement Action Group, Allatt House, 5 West Parade Road, Scarborough, YO12 5ED.

Tel/fax/text/minicom: 01723 379397
(24 hour answerphone service).
Email: scardag@onyxnet.co.uk

Registered Charity number: 703172