CONSTITUTION of THE CORNWALL AREA
of the MILITARY VEHICLE TRUST
This constitution was voted into force at the 18th February 2015 meeting of
THE CORNWALL Area of the Military Vehicle Trust
held at the Victoria Inn, Roche, Cornwall PL26 8LQ.
GENERAL NOTES, WORDS AND MEANINGS
1a The Area shall be known as ‘THE CORNWALL Area of the Military Vehicle Trust’ hereinafter referred to as ‘the Area’.
1b The Area is part of the Military Vehicle Trust, a company registered under the Companies Act 1985 and registered under the 1960 Charities Act No. 327768
THE AIMS OF THE AREA
2a The aim of the Area shall be to support the Trust which is established for the purpose of restoring and preserving military vehicles of historical interest and the preservation of books, drawings, records, documents, sound and visual recordings, films, photographs and other media and ephemera relating to such vehicles, their history and development, and promoting and encouraging the same aim in others.
2b In furtherance of the above, the Area shall organise, sponsor and support military vehicle and such other shows and events and encourage the appearance of historic military vehicles at public events and shows for the provision and stimulation of information, education and interest in such vehicles.
3a Any full member of the Military Vehicle Trust may choose to affiliate himself with THE CORNWALL Area of the Military Vehicle Trust. Only affiliated members to the Area may stand for election or vote on any business in that Area.
3b A list of affiliated members shall be held by the Area. Any such list may be kept on computer. Any such list is held within the Area and not be passed onto a third party without the prior consent of all the members concerned. The Military Vehicle Trust is registered under the Data Protection Act. Members may request, in writing, a copy of their details held by the Area and/or the Military Vehicle Trust, and shall receive all relevant personal information so held, in writing, on payment of £2. Such sum may be amended at any time to cover expenses in accordance with the Data Protection Act. Members shall be given the right to have their personal information so held to be corrected as they require.
3d Members may be excluded from the Area should they act in a manner prejudicial to the interest of the Area, or bring the reputation of the Area or the Military Vehicle Trust in to disrepute. Any period of exclusion shall be determined by the affiliates of the Area. Any person so excluded shall be informed of the reason for his exclusion in writing and then shall be given 28 days during which time he will be given an opportunity to state his case in writing, and of defending himself to the membership.
OFFICERS AND ORGANISATION
4a The Area Secretary is responsible to the Council for the activities in his Area and is supported by the Council in this role.
4b All officers of the Area shall be elected at the Area Annual General Meeting and no officer of the Area shall hold office for more than one year without standing for re-election.
4c The officers of the Area shall be the Area Secretary and, if the Area has a Trust bank account, an Area Treasurer. In addition, other officers that may be beneficial to the organisation of the Area, may be decided by the membership, but will not have recognition beyond the Area. The Area Secretary and the Area Treasurer are the only persons empowered to sign letters and documents on behalf of the Area
4d The Area Secretary and Area Treasurer shall not be joint members, related in any way or reside under the same roof. However, where this rule cannot be met, the Area Secretary will not be the second signatory on the account and the signature of one of the two appointed Trustees will be used. (See Paragraph 6b)
4e Officers of the Area shall be elected by the affiliated members of the Area present at the Area AGM. In the event of a tie in the voting for the incoming Area Secretary, the outgoing Area Secretary shall have the additional casting vote. If there should be a tie in respect of a vote for any other Area post, subsequent to the election or re-election of the Area Secretary, the Area Secretary shall have the additional casting vote.
4f An affiliated member shall only be nominated for election with their permission. For the position of Area Secretary and Area Treasurer, they must have been Trust members and have been affiliated to the Area for more than the immediate 12 month period. They must also be able to sign the Fit & Proper form confirming their suitability. Council will subsequently need to confirm these two appointments.
4g If any Area officer shall absent himself from three consecutive monthly meetings, he shall be deemed to have resigned from the said position, unless the members present at the third period of absence shall have received and accept the reason for the absences. The person who resigned by absence shall be barred from holding office within the Area for a period of 12 months.
4h Following an officer of the Area resigning, or otherwise vacating his post, an election to fill the vacant position shall be held at the earliest possible meeting following the resignation, and not more than two meetings after such vacancy being notified to the Area membership. Any such officer having been elected other than as the result of election at an Area AGM, or taking up post as the result of resignation of a previous holder, or as a result of a new post or office being created, shall not hold such office beyond the AGM following his election without standing for re-election.
5a An Area AGM shall be held on the third Wednesday in November each year. One month’s notice of the Area AGM shall be given to all affiliated members of the Area, along with notice of any substantial business.
5b An Area AGM may be postponed for no more than one month, if it is the wish of the voting majority present at the preceding meeting.
5c Regular meetings shall be held at the Victoria Inn, Roche, Cornwall unless otherwise decided the majority of the voting membership present at the Area AGM. A meeting may be held at other venues on an occasional basis, if decided by the majority of the voting membership present at a previous meeting.
5d Meetings shall be held starting at 8:00pm on the third Wednesday of each month.
5e The Area Secretary will arrange for Minutes to be taken of all decisions made at all Area meetings. As a minimum, this must include the motion, nomination or proposal, the proposer’s name, the seconder’s name and the outcome. The Minutes will be presented at the following Area meeting for approval as a true and accurate record. A simple list of the events to be attended by members where Trust insurance will apply must also be recorded at each meeting. The Minutes of all proceedings at AGMs should be ratified at the next AGM.
5f Only current members affiliated to the Area are allowed to propose, second and vote at his Area’s meetings. Other non-affiliated members of the Area may attend only as observers and cannot take any part in the decision making at the host Area.
5g Only affiliated members present at the meeting may vote. There will be no proxy or postal votes
6a The Area may decide not to hold any funds, not to have a bank account and not to have an Area Treasurer.
6b The Area shall only use the bank account issued by the Trust’s Treasurer (to comply with Charity Commission guidelines). The Area Secretary and Area Treasurer will be the two Area signatories on the account. (See Paragraph 4d.) Should the second signature from the Area be unavailable, one of the two appointed Trustee signatories can be used (usually the Trust’s Treasurer and Secretary).
6c The Area Treasurer shall be responsible for the good management of the Area account and will keep a record of all income and expenditure.
6d The Area Treasurer shall report to the membership as to the state of the finances of the Area at each AGM with a balance sheet and at any time as required by the voting membership.
6f Prior to 31 October each year, the Area Treasurer shall provide a simple account to the Trust’s Treasurer that adequately explains the Area’s income and expenditure for the previous 12 month period from 1 October to 30 September.
6g No monies shall be withdrawn from the Area account without the prior agreement of the voting membership. Any such agreement shall be prior to the withdrawal being made and will be Minuted. (See Paragraph 5e.)
6h In the event of the Area being wound up, any monies held by the Area will be taken into central funds.
6j The Area Treasurer will be removed from office if a bankruptcy order is made against him.
7a A copy of this constitution shall be held by the Area Secretary and shall be made freely available on demand for perusal by members. A further copy shall be lodged with the General Secretary of the Trust.
7b This document cannot be amended without prior consultation with the Council, via the General Secretary. Any such amendments shall then be agreed by the majority of the voting membership present at an Area AGM or any EGM, as required by the voting membership of the Area.
7c Any amendment made shall be appended to the copy of this constitution held by the Area Secretary. A further copy shall be lodged with General Secretary of the Trust.
11th May 2014 4th Edition