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ST THOMAS A BECKET

AND CHAPEL PLAISTER

MINUTES OF THE EXTRAORDINARY MEETING OF THE PCC

ON MONDAY 13TH OCTOBER 2008

AT THOMAS A BECKET CHURCH

Present: Revd Dr Janet Anderson-MacKenzie JAM (Chair)

Andrew Clark, Vice Chair AC

Clair Southgate, Churchwarden CS

Phillipa Mullins, Churchwarden PM

Sylvia Walker, Treasurer SW

Anne Newton, Parish Secretary AN

Freddy Connolly FC

Jane Cox JC

Phil Daniels, Licensed Lay Minister PD

Tim Hammond TH

Diana Northey DN

Charlie Tull CT

Charles Freeman, Secretary CJF (left after item 2)

Rhoda Daniels, Secretary elect RD

ITEM 1 - OPENING PRAYERS, APOLOGIES FOR ABSENCE

1. PD lead the meeting in prayer.

2. Apologies were received from Jenny Eaton, Wendy Hodgson, and Carol Gale

ITEM 2 - APPOINTMENT OF A PCC MINUTES AND AGENDA SECRETARY.

3. CJF expressed his wish to resign the role of PCC Minutes and Agenda Secretary. As he is co-opted onto the PCC to fulfil this role this would also mean his resignation from the PCC. JAM lead the meeting in thanking CJF for all his hard work.

RD had previously agreed to take on the role of PCC Minutes and Agenda Secretary if this was acceptable to the PCC. It was proposed by CS, seconded by FC and agreed unanimously that RD should take on this role.

CJF then left the meeting.

ITEM 3 - CONSIDERATION OF THE TRUST DEED FOR THE FRIENDS OF ST THOMAS A BECKET CHURCH, BOX

4. The Trust Deed for the Friends of St Thomas a Becket Church, Box (previously circulated) was drawn to the attention of PCC members. JAM lead the meeting in thanking the Steering Committee which had developed this Trust Deed for all the hard work that had gone into preparing this.

JAM explained that a meeting between members of the Friends Steering Committee and JAM, PD and AC had taken place on 9th October at which the Draft Trust Deed had been discussed and finalised to produce the Trust Deed as presented to the PCC. It was proposed by DN that the PCC approves the Trust Deed for the Friends of St Thomas a Becket Church, Box in the form presented (appendix i). It was seconded by PM and agreed unanimously by those present.


ITEM 4 –PROPOSALS FOR A GROWTH PLAN LAUNCH EVENING.

5. JAM explained that the Growth Plan (as previously approved by the PCC) should be publicised as widely as possible and suggested a launch evening with a presentation, discussion and opportunity to volunteer or find out how to get involved on Tuesday 18th November at 8pm in St Thomas’ Church with wine and nibbles. RD had previously offered to publicise this event via the website, email database, Parish Magazine and individual letters to those on the electoral role. All were in agreement although the date was not suitable for some. Action: RD, JAM

ITEM 5 – ANY OTHER BUSINESS

6. None

7. The meeting was brought to a close with joining in The Grace

8. Date of Next Meeting Thursday 20th November, 8pm in The Vicarage

ATTACHMENTS

Appendix i) Trust Deed for the Friends of St Thomas a Becket Church, Box

Appendix i) Trust Deed for the Friends of St Thomas a Becket Church, Box

THIS DECLARATION OF TRUST IS MADE

the ............day of................................................................20..................by................................................................................................................................................................................................................

................................................................................................................................................ ........................................................................................................................................................

..................................................................................................................................................................................................................................................................................................................

(“the first Trustees” who together with the future Trustees or Trustee of this deed are referred to as “the Trustees”)

WHEREAS the first Trustees hold the sum of

£..............................................................................................................................................................

on the trusts declared in this deed and they expect that more money or assets will be acquired by them on the same trusts.

NOW THIS DEED WITNESSES AS FOLLOWS:

1. Administration

The charitable trust created by this deed (“the Charity”) and its property (“the trust fund”) shall be administered and managed by the Trustees under the name of:

Friends of St Thomas a Becket Church, Box

or by such other name as the Trustees from time to time decide with the approval of the Charity Commission for England and Wales (“the Commission”).

2. Object

The Trustees shall hold the trust fund and its income upon trust to apply them for the following object (“the Object”):

(i) the conservation for the benefit of the public of a building of historic and architectural importance by assisting in the repair and maintenance of the Church of St Thomas a Becket, Box, and its churchyard, in the Diocese of Bristol.

3. Powers

In furtherance of the Object but not otherwise the Trustees may exercise any of the following powers:

(i) to raise funds and invite and receive contributions, provided that in raising funds the Trustees shall not undertake any substantial permanent trading activity and shall comply with any relevant statutory regulations;

(ii) to cooperate with other charities, voluntary bodies and statutory authorities operating in furtherance of the Object or of similar charitable purpose and to exchange information and advice with them;

(iii) to establish or support any charitable trusts, associations or institutions formed for any of the charitable purposes included in the Object;

(iv) to create such advisory committees as the Trustees think fit;

(v) to permit any investments comprised in the trust fund to be held in the name of any clearing bank, any trust corporation or any stockbroking company which is a member of the Stock Exchange (or any subsidiary of such a stockbroking company) as nominee for the Trustees and to pay any such nominee reasonable and proper remuneration for acting as such;

(vi) to delegate to any one or more of the Trustees the transaction of any business or the performance of any act required to be transacted or performed in the execution of the trusts of the Charity and which is within the professional or business competence of such Trustee or Trustees; provided that the Trustees shall exercise reasonable supervision over any Trustee or Trustees acting on their behalf under this provision and shall ensure that all their acts and proceedings are fully and promptly reported to them;

(vii) to collect and disseminate information on all matters affecting the Object;

(viii) to cause to be written or printed or otherwise reproduced and circulated, gratuitously or otherwise, such papers, books, periodicals, pamphlets or other documents or films or recorded tapes or discs as shall further the Object;

(ix) to make grants of money and gifts of other property to the clergy, churchwardens and Parochial Church Council of the Parish of Box with Hazelbury (“the PCC”), for such purposes as are consistent with the Object of the Friends of St Thomas a Becket Church, Box, and generally to assist those responsible for the care and maintenance of the Church;

(x) to do any other lawful thing that is necessary or desirable for the achievement of the Object; and to carry out any other activities which the Trustees think appropriate in achieving the Object, provided that such activities in no way bring the good name of the Church of St Thomas a Becket, Box, or the PCC, into disrepute or reflect badly on their character.

4. Statutory powers

Nothing in this deed restricts or excludes the exercise by the Trustees of the powers given by the Trustee Act 2000 as regards investment, the acquisition or disposal of land and the employment of

agents, nominees and custodians.

5. Duty of care and extent of liability

When exercising any power (whether given to them by this deed, or by statute, or by any rule of law) in administering or managing the Charity, each of the Trustees must use the level of care and skill that is reasonable in the circumstances, taking into account any special knowledge or experience that he or she has or claims to have (“the duty of care”).

No Trustee, and no one exercising powers or responsibilities that have been delegated by the Trustees, shall be liable for any act or failure to act unless, in acting or in failing to act, he or she has failed to discharge the duty of care.

6. Appointment of Trustees

(i) There must be at least three Trustees. Apart from the first Trustees, every Trustee must be appointed by a resolution of the Trustees passed at a special meeting called under clause 12 of this deed.

(ii) When a Trustee retires, the remaining Trustees will present to the Parochial Church Council of the Parish of Box with Hazelbury a list of suitable candidates for trusteeship for the Parochial Church Council’s endorsement. If the PCC feels that it is unable, in good conscience, to endorse any of the candidates on the list, the Trustees will present to the PCC a second list of candidates they consider suitable for trusteeship, for the PCC’s endorsement.

(iii) In selecting individuals for appointment as Trustees, the Trustees must have regard to the skills, knowledge and experience needed for the effective administration of the Charity.

(iv) The Trustees must keep a record of the name and address and the dates of appointment, re-appointment and retirement of each Trustee.

(v) The Trustees must make available to each new Trustee, on his or her first appointment:

(a) a copy of this deed and any amendments made to it;

(b) a copy of the Charity’s latest report and statement of accounts.

(vi)..The first Trustees, and subsequent Trustees, will serve until they resign (subject to sub-clause 8 (iv)), with no term fixed.

............................................................................................................................................

7. Eligibility for trusteeship

(i) No one shall be appointed as a Trustee:

(a) if he or she is under the age of 18 years;

(b) if he or she has not been endorsed by the PCC under sub-clause 6 (ii) above; or

(c) if he or she would at once be disqualified from office under the provisions of clause [8] of this deed.

(ii) No one shall be entitled to act as a Trustee whether on appointment or on any re-appointment as Trustee until he or she has expressly acknowledged, in whatever way the Trustees decide, his or her acceptance of the office of Trustee of the Charity.

8. Termination of trusteeship

A Trustee shall cease to hold office if he or she:

(i) is disqualified from acting as a Trustee by virtue of section 72 of the Charities Act 1993 or any statutory re-enactment or modification of that provision;

(ii) becomes incapable by reason of mental disorder, illness or injury of managing his or her own affairs;

(iii) is absent without the permission of the Trustees from all their meetings held within a period of six months and the Trustees resolve that his or her office be vacated; or

(iv) notifies to the Trustees a wish to resign (but only if enough Trustees will remain in office when the notice of resignation takes effect to form a quorum for meetings).

9. Vacancies

If a vacancy occurs the Trustees must note the fact in the minutes of their next meeting. Any eligible Trustee may be re-appointed. So long as there are fewer than three Trustees, none of the powers or discretions conferred by this deed or by law on the Trustees shall be exercisable by the remaining Trustees except the power to appoint new Trustees.

10. Ordinary meetings

The Trustees must hold at least two ordinary meetings each year, during which routine business may be considered.

11. Calling meetings

The Trustees must arrange at each of their meetings the date, time and place of their next meeting, unless such arrangements have already been made. Ordinary meetings may also be called at any time by the person elected to chair meetings of the Trustees or by any two Trustees. In that case not less than ten days’clear notice must be given to the other Trustees. The first meeting of the Trustees must be called by

............................................................................................................................................................

or, if no meeting has been called within three months after the date of this deed, by any two of the Trustees.

12. Special meetings

A special meeting, to consider business which is not routine, may be called at any time by the person elected to chair meetings of the Trustees or by any two Trustees. Not less than four days’ clear notice must be given to the other Trustees of

the matters to be discussed at the meeting. However, if those matters include the appointment of a Trustee or a proposal to amend any of the trusts of this deed, not less than 21 days’ notice must be given. A special meeting may be called to take place immediately after or before an ordinary meeting.

13. Chairing of meetings

The Trustees at their first ordinary meeting in each year must elect one of their number to chair their meetings. The person elected shall always be eligible for re-election. If that person is not present within ten minutes after the time appointed for holding a meeting, or if no one has been elected, or if the person elected has ceased to be a Trustee, the Trustees present must choose one of their number to chair the meeting.

The person elected to chair meetings of the Trustees shall have no other additional functions or powers except those conferred by this deed or delegated to him or her by the Trustees.

14. Notice

Notwithstanding the notice periods set out in this deed, the Trustees may agree to hold meetings at short notice and such meetings shall be valid provided that all of the Trustees shall have consented in writing to the holding of such meeting at short notice.

15. Quorum

No business shall be conducted at a meeting of the Trustees unless at least one third of the total number of Trustees at the time, or two Trustees (whichever is the greater) are present throughout the meeting.

16. Voting

At meetings, decisions must be made by a majority of the Trustees present and voting on the question. The person chairing the meeting shall have a casting vote whether or not he or she has voted previously on the same question but no Trustee in any other circumstances shall have more than one vote.

17. Conflict of interest

A Trustee must absent himself or herself from any discussions of the Trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the Charity and any personal interest (including but not limited to any personal financial interest).

18. Minutes

The Trustees must keep minutes, in files kept for the purpose or by such other means as the Trustees decide, of the proceedings at their meetings. In the minutes the Trustees must record their decisions and, where appropriate, the reasons for those decisions.

19. General power to make regulations

Within the limits of this deed the Trustees shall have full power from time to time to make regulations for the management of the Charity and for the conduct of their business, including:

(i) the calling of meetings;

(ii) methods of making decisions in order to deal with cases of urgency when a meeting is

impractical;

(iii) the deposit of money at a bank;

(iv) the custody of documents; and

(v) the keeping and authenticating of records.

The Trustees must not make regulations which are inconsistent with anything in this deed.

20. Accounts, Annual Report and Annual Return

The Trustees must comply with their obligations under the Charities Act 1993, as amended by the Charities Act 2006, with regard to:

(i) the keeping of accounting records for the Charity;

(ii) the preparation of annual statements of account for the Charity;

(iii) the auditing or independent examination of the statements of account of the Charity;

(iv) the transmission of the statements of account of the Charity to the Commission;

(v) the preparation of an annual report and its transmission to the Commission;

(vi) the preparation of an annual return and its transmission to the Commission.

21. Registered particulars

The Trustees must notify the Commission promptly of any changes to the Charity’s entry on the Central Register of Charities.

22. Bank account

Any bank or building society account in which any of the funds of the Charity are deposited must be operated by the Trustees and held in the name of the Charity. Unless the regulations of the Trustees make other provision, all cheques and orders for the payment of money from such an account shall be signed by at least two Trustees.

23. Trustees not to benefit financially from their trusteeship

(i) Subject to sub-clause (ii) of this clause, no Trustee may receive remuneration for any service provided to the Charity and no Trustee may acquire any interest in property belonging to the Charity or be interested (otherwise than as a Trustee) in any contract entered into by the Trustees.

(ii) Any Trustee who is a solicitor, accountant or engaged in any profession may charge and be paid all the usual professional charges for business done by him or her or his or her firm, when instructed by the other Trustees to act in a professional capacity on behalf of the Charity. However, at no time may a majority of the Trustees benefit under this provision and a Trustee must withdraw from any meeting of the Trustees at which his or her own instruction or remuneration or performance, or that of his or her firm, is under discussion.

24. Amendment of Trust Deed

(i) The Trustees may amend the provisions of this deed, provided that:

(a) no amendment may be made to clause 2 (Object), clause 5 (Duty of care), clause 23 (Trustees not to benefit financially from their trusteeship), clause 25 (Dissolution) or this clause without the prior consent in writing of the Commission; and

(b) no amendment may be made whose effect is that the Charity ceases to be a charity at law.

(ii) Any amendment of this deed must be made by deed following a decision of the Trustees made at a special meeting.

(iii) The Trustees must send to the Commission a certified copy of the deed effecting any amendment made under this clause within three months of its being made.

25. Dissolution

The Trustees may dissolve the Charity if they decide that it is necessary or desirable to do so. To be effective, a proposal to dissolve the Charity must be passed at a special meeting by a two-thirds’

majority of the Trustees. Any assets of the Charity that are left after the Charity’s debts have been paid (‘the net assets’) must be given:

(i) to another Charity (or other Charities) with objects that are no wider than the Charity’s own, for the general purposes of the recipient Charity (or Charities); or

(ii) to any Charity for use for particular purposes which fall within the Charity’s Object.

The Commission must be notified promptly that the Charity has been dissolved and, if the Trustees were obliged to send the Charity’s accounts to the Commission for the accounting period which ended before its dissolution, they must send the Commission the Charity’s final accounts.

26. Interpretation

In this deed, all references to particular legislation are to be understood as references to legislation in force at the date of this deed and also to any subsequent legislation that adds to, modifies or replaces that legislation.

IN WITNESS of this deed the parties to it have signed below

1. Signed as a deed by:

1(a) ................................................................................................................on this .......... (day) of ........................................(month) ..................(year) in the presence of:

1(b) ................................................................................................................

Witness’s name:

........................................................................................................................

Witness’s address:

.......................................................................................................................................................................................................................................................................................................................................................................

2. Signed as a deed by:

2(a) ................................................................................................................on this .......... (day) of ........................................(month) ..................(year) in the presence of:

2(b) ................................................................................................................

Witness’s name:

........................................................................................................................

Witness’s address:

.......................................................................................................................................................................................................................................................................................................................................................................

3. Signed as a deed by:

3(a) ................................................................................................................on this .......... (day) of ........................................(month) ..................(year) in the presence of:

3(b) ................................................................................................................

Witness’s name:

........................................................................................................................

Witness’s address:

.......................................................................................................................................................................................................................................................................................................................................................................

4. Signed as a deed by:

4(a) ................................................................................................................on this .......... (day) of ........................................(month) ..................(year) in the presence of:

4(b) ................................................................................................................

Witness’s name:

........................................................................................................................

Witness’s address:

.......................................................................................................................................................................................................................................................................................................................................................................

5. Signed as a deed by:

5(a) ................................................................................................................on this .......... (day) of ........................................(month) ..................(year) in the presence of:

5(b) ................................................................................................................

Witness’s name:

........................................................................................................................

Witness’s address:

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