Constitution as amended at the AGM 28th May 2011

Name

The name of the Association shall be “Dartmoor Preservation Association”.

Boundaries

The area of Dartmoor for the purposes of the Association shall consist of the Dartmoor National Park plus bordering parishes.

Objects

The Objects of the Association shall be

  • The protection, preservation and enhancement in the public interest of the landscape, antiquities, flora and fauna, natural beauty, cultural heritage and scientific interest of Dartmoor.
  • The protection and preservation of public access to and on Dartmoor subject to the ancient rights of commoners
  • The preservation in the public interest of the Dartmoor Commons and for this purpose to assist and co-operate with the commoners and any organisation in achieving this object
  • The study of and the recording and publication of information upon the antiquities, history and natural history of Dartmoor.
  • The study, in co-operation with other bodies, of future trends on Dartmoor and the putting forward of ideas to ensure their development along lines in harmony with the above objects
  • The acquisition of land and rights over and interests in land for the purpose of the above objects.
  • The doing of all such acts and things as may be conducive to the foregoing objects and as may lawfully be done by a body established for charitable purposes only.

Membership

  • Persons may join as life members or as annual or monthly, individual, joint or family subscribing members. Associations of individuals, businesses and corporations may join as corporate members. Unless expressed to the contrary, references in this Constitution to ‘member’ shall include corporate members. All members shall be bound by the constitution of the Association.
  • All applications for membership shall be made in a form approved by the Board of Trustees
  • All members shall be expected to abide by the objects of the Dartmoor Preservation Association
  • The Board of Trustees shall have the right to terminate the membership of a member who is deemed not to abide by the objects of the Association, provided that the individual shall have the right to be heard by the annual general meeting before a final decision is made
  • Only individual members or nominated representatives of corporate members of the Association may hold office or be elected as Trustees

 Subscriptions

  • The amount of subscriptions for annual and life members shall be decided at the Annual General Meeting.
  • Annual subscriptions shall be payable in advance and be due on joining and then on the anniversary of joining, except that existing members whose renewal date is 1st January will continue to use that date.
  • Membership shall be deemed to have lapsed if the member’s subscription remains unpaid six months after it is due.

Annual General Meeting

  • There shall be an annual general meeting of members of the Association, which shall be held within three months after the end of the Association’s financial year, at a time and place to be fixed by the Board of Trustees
  • The date appointed for the annual general meeting shall be published in the Association’s newsletter not less than two calendar months before that date.
  • Notice of the annual general meeting, stating the text of any motion to be moved thereat, shall be given to all members of the Association not less than 14 days before the meeting. In the case of motions to alter the constitution 21 days notice shall be given.
  • The notice of the meeting shall include the agenda, any nominations as Officer or Trustee, and a copy of the balance sheet and statement of accounts for the previous year (which shall have been audited by the date of the annual general meeting).
  • The accidental omission to give notice of a meeting to, or the non-receipt of a notice of a meeting by, any member shall not invalidate any proceedings at any such meeting of the Association

The functions of the annual general meeting shall be:

  • To receive the Chief Executive’s report and the audited statement of accounts for the previous year
  • To elect the President, Vice-Presidents, Officers and Trustees (other than those members who are not retiring that year)
  • To elect the auditor
  • To consider and vote on any motion which has been duly submitted to the meeting
  • To deal with any other business by leave of the chairman of the meeting
  • Nominations for election shall be proposed and seconded in writing by members of the Association or may be made by the Board of Trustees, and in any case shall be received at the offices of the Association, together with the written consent of the candidate to serve if elected, by 31st March preceding the annual general meeting

No motion other than those relating to the Chief Executive’s report and the accounts, or other formal business shall be moved at the meeting unless:

  • Notice thereof in writing signed by the members who propose to move and second it shall have been received by the secretary by 31st March preceding the meeting and the text of the motion with the names of the proposer and seconder shall have been included in the notice to members, or
  • The chairman of the meeting is satisfied that exceptional circumstances made it desirable that a motion, of which such notice has not been received, shall be moved at the meeting
  • every member shall be entitled to one vote at the annual general meeting of the Association and to speak thereat
  • Voting at the annual general meeting shall be by show of hands unless a ballot of those present is demanded by:
  • the chairman of the meeting, or
  • any six members of the Association who are present
  • There shall be a quorum at the annual general meeting when not less than two percent of the current membership is present.

Extraordinary General Meetings

  • An extraordinary general meeting of members of the Association may be summoned at any time:
  • by the chairman, or
  • by not fewer than five Trustees, or
  • by not less than two per cent of the current membership.
  • Notice of such a general meeting, stating the purpose of the meeting and the text of any motion to be moved thereat, shall be given to all members of the Association not less than 14 days before the meeting.
  • The provisions of Clauses 6:9-11 shall apply for extraordinary general meetings.

Officers, President and Vice Presidents

  • The Officers of the Association shall consist of a chairman, and vice-chairman.
  • A President and up to six Vice-Presidents may be elected at the Annual General Meeting on the nomination of the Board of Trustees. The President and Vice-Presidents shall serve for three years and shall be eligible for immediate re-election.

Board of Trustees

  • The Board of Trustees shall consist of not more than 12 members, being:
  • The affairs of the Association shall be administered and managed in accordance with this constitution by a Board of Trustees
  • The Chairman and Vice-Chairman;
  • 10 individual elected Trustees;
  • No Trustee shall acquire any interest in property belonging to the Charity (otherwise than as a member of the Board of Trustees) or in any contract entered into by the Board of Trustees
  • All Trustees shall be entitled to vote. The chairman shall have a second or casting vote.
  • The Officers and Trustees shall serve for three years and shall be eligible for immediate re-election for a second three year term. No Officer or Trustee shall serve more than two consecutive terms, but they shall be eligible for re-election one or more years after the end of their second term.
  • The Board of Trustees shall meet at least four times in every year and five members shall form a quorum
  • The Board of Trustees may appoint such sub-committees and for such purposes as it thinks desirable. All recommendations of such sub-committees shall be put to the Board of Trustees as soon as possible.
  • The Board of Trustees may from time to time co-opt not more than two additional members to serve, for one or more meetings of the Board, until the next annual general meeting, with power to vote; no person shall be co-opted unless in the opinion of the Board of Trustees he or she is specially qualified to serve, having regard to the objects of the Association.
  • The Board of Trustees shall have power to fill Officer vacancies and any person so appointed shall retire immediately before the annual general meeting but shall be eligible for election.

Accounts

  • The Trustees shall comply with their obligations under the Charities Acts in force for the time being with regard to:
  • the keeping of accounting records for the Charity;
  • the preparation of annual statements of account for the Charity;
  • the auditing or independent examination of the statements of account for the Charity; and
  • the transmission of the statements of accounts of the Charity to the Charity Commission
  • Annual Report

The Trustees shall comply with their obligations under the Charities Act in force for the time being with regard to the preparation of an annual report and its transmission to the Charity Commission.

  • Annual Return

The Trustees shall comply with their obligations under the Charities Act in force for the time being with regard to the preparation of an annual return and its transmission to the Charity Commission.

Holding Trustees

  • The Association may, by resolution at a general meeting, appoint holding trustees for the Association and direct that the property of the Association shall be held by and in the name of such trustees
  • The holding trustees shall have power to hold land
  • There shall be at least three holding trustees, who shall be members of the Association.

Alterations to the Constitution

  • Subject to the following provision 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.
  • No amendment may be made to clause one (the name of the Charity), clause three (the Objects of the Charity), Clause 9:3 (Trustees not to be personally interested), Clause 15 (Dissolution) or Clause 14 (this clause) without the prior consent in writing of the Charity Commissioners.
  • No amendment may be made which would have the effect of making the Charity cease to be a charity at law.
  • The Board of Trustees shall promptly send to the Charity Commission a copy of any amendment made under this clause.

Dissolution

Upon the dissolution of the Association the surplus funds and property remaining after discharging all the liabilities of the Association shall be transferred, subject to the consents required by law, to some charitable purpose or object to be chosen by the resolution of the meeting at which the resolution to dissolve is passed and in default for charitable purposes.