advancing education

I supporting

PTAs

m del constitution
Notes
Please read these notes before completing the Model Constitution
Guidance notes are available throughout this

November 2011
Mode Constitution for Parent Teacher Associations (Engl nd and Wales)
The PTA UK Model
14.

document to help explain certain points A glossary of terms is contained under clause

constitution

is for use by Parent Teacher Associations

An terms
in bold

referenced in the g\()ssa~/ are highiighted

(PTAs) and other home-school groups that are members of PTA-UK in England and Wal~s. A Model Constitution for PTA-UK members in Northern Ireland is available at pta.org.uk or lrorn the PTA-UK Advice Line 0845 850 5460. The PTA-UK Model Constitution must be adopted by the Associatton before it sheet - PTA-UK t-tode! Constitution

Please complete sections 1.1 to 13 on page 2 usi"g BLOCK CAPITALS For paper based applications applications) approximately (ie not online taking

can be used. See the PTA-UK Information available

fast track charity registration.

at pta.org.uk

for further guidance. must be signed by the

six weeks, is available to all members without

using the PTA-UK Model Constitution change (apart from completing application is rnade oniine
wishing

The declaration

on the last page of this document

clauses i'i to 1.3).

This can be reduced to ten working days if the

Chair of the meeting at which it is adopted and witnessed by a member of the Association who is present at the meeting.

Any Association

to vary the PTJ\"UK t-tod

I..'

Charity Registration
To register as a charity. send the completed PTA-UK Model Constitution to the

Constitution

will need to agr~:e dwngtS directly independent legal

with the Charity Cornmission rmJ win no: be eUgibie for the fast track scheme. advice may be required to amend this Constitution
is the copyright

Charity Commission for England and Wales:

Charity Commission PO Box 12Zl Liverpool L693UG Direct

The PTA-UK Model Constitution Associations

The

of PTA-UK and may be useJ by PTA-UK Member only

is an

charity created by ~hl:SConstitution Association who are trustees

08453000218

unincorporated

,111da~ such the of tJH~charity. are

of the

Cornrnlttee. chanty.

cheritycommission.gov.uk
This should be accompanied trustee declaration

personeuy liat)!e h;r tile d\.b dnd deh:u!t:.>

by a completed

application Keep

form

(C(5a)

and

(CC5c)_ Both forms

are available

at pta.org.uk

and are

V/hitst it might be unusual,

if \) PTA is taking on

included in the PTA-UK charity registration witnessed Constitution For further information,

pack.

a copy

of the signed and

loans, building works or other liabilities, employing staff or giving advice to the public. PTA-UK recommends establishing the charity as a company

for your PTA records. see the PTA-U K Information sheet Charity Registration

limited by guarantee in order to obtain the

protection of limited liai;ility for the Committee. Or. alternatively. Orgenisetion Association a Cheritable lncorporate.l ava~tabk Ptfas~ when theSE: become tor charity companies

- England and Wale5.

Online Charity Registration

It is now possible to apply for charity useful if registration as ten working days. registration online. This is particularly can take as little is needed quickly as online applications

see the model memorandum from charitycornmission.gov.uk

and article.> of (er),1) available

PTA-UK 2011

Page 1

1.
1.1

VARIABLES LIST
Type of association

1. VARIABLES LIST
The following variables specific to the Association shall be incorporated into

The type of Association depends 011 its membership. Piease- see the guidance under clause 4 for further information.
1.2 Name
W"

the model constitution.

1.1 Type of Association: Friends of the School: Home-SchoolAssociation: Parent Staff Association: Parent Teacher Association: Parents Association: Other:
'j

(please

tick the appropriate

box)

suggest X School PT~ or The P1A of X School is too

If the suggested niyne of your Association Charity Commission

might cause confusion,
[Q

similar to another charity already listed on the

Regist.er of Chad ties and
the Charity Commission

may ask for it

be changed. Check the Register

of Charities before choosing a name, availeble at charitycomrnission.gov.uk 1.3 School Please complete the full name and address the school. 1.4 The Committee It is normal for the size of the Committee It 15usual to have a named Chair, Treasurer to vary. and of

1.2 1.3

Association

name

in full:ST

PE:rE'RS

SCHOO L

A-SSoc

IPrTlo

I\j

i~::: :~::~;
ounty ..

.f~.l~:.:~::~~7!~:::~~~~::~:~::~~~~: .

-stHoOL

uilding name and I or number tre et T lWI)/cit\' ... i:!9k(..lfjjj.~Ij~0!

'13Q.9R.V'1l1ff
~.<S.l.f

.p.t;yg~
.... C!'5,.

, .
.

Secretary and then a number of other committee members. The minimum number with which it is possible to continue operating is two: usually a Chair and a Treasurer (see clause 6.5.5). There is no restriction on the maximum number of committee members!trustees. However, be careful that this does not become too large. An AGM is only quorate if the number of members present is at ieast two members/trustees times the number of committee Once t:hE~Committee members;
committee lip 10

stcode".~9.

1.4

he Committee he minimum number of committee members/trustees: 2

2.0BJ CTS
The obj et of the Association (the Objects)

is to advance

the education

of

in office at the start of the rm:~et:ing(clau)t~ rj..3) hd5 b~en dected

("dn

pupils in the school in particular by 2.'1 [ evelopmg effective parents and others relationships associated between the staff,

then calculate the maximum number of co-opted 50% of the total number of elen"d
(clause 6.3.2). For members/trustees

with the school; facilities or equipment which

example, a Committee
membersltrustees further committee

with eight committee (6.3.2).

2.2

Engaging in activities support

or providing

would be able to eo-opt four membersltrustees

the school and advance

the education

of the pupils.

2.

OBJECTS
The

3. POWERS
The committee exercised 3.1 members/trustees have the following powers. which may be
must be exclusively charitable it wilt not be
cJ

Objects (ie the main purposes) of the charity

Association

only in promoting

the Objects:

under English law or

and registration wil! be refused by the Charity

Commission. The

To provide advice To publish or distribute To co-operate information

Objects included

in this t-todel

Constitution

have been verified as: exclusively

3.2 3.3 3.4 3.5

3.6 37

charitable. However. your Association should rnake

sure that they reflect the true purposes of the

Association. You (nay need to tab? ycur own :ega! ad'.i(~ .f you wish to alter the stated Objects and f,'!st trat..k registration will not be available.

with other bodies of permanent trading)

To raise funds (but not by means To acquire or hire property

of any kind
and to give guarantees or as reserves against future

3.

POWERS
The Povv ers are the legal means by which the

To make grants or loans of money To set aside funds expenditure To deposit suitability or invest for special

Objects (Clause 2) can be achieved.

3.4 rh\:; Committee should understend any leg,')!

purposes

restrictions on the fundr8ising activities the charity wants to undertake. Substantial HM Revenue and Customs permanent trading for the purpose of raising funds is not 2(10,,""('"I,J (HMRC) can advise on the limits for small scale trading. Where an Association will be relying on trading to raise funds that a separate. non-charitable advice sought. to allocate

3.8

funds

in any lawful

manner

(but to invest

only

after obtaining

advice from a financial

expert

and having regard to the

of investments

and the need for diversification)

it is recommended

3.9

trading company should be used for the purpose and speciatist legal or accountancy 3.7 This Clause enables the Committee

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

funds for peniculer purposes. or as reserves.

3.10

To

paid or

agents,

staff or advisers

PTA-UK 2011

Page 2

It is suggested reserves to

that an Association planned exponditure

maintain and to
ITll~(lt

3.11 3.12 3.13

Of

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 out the work of the charity
To open

(0\1('1'

the kind of expenditure built up without

or be excessive reasonably

which rnay be required Committee

at short notice. However, reserves should not be an agreed

in relation

decision.
known Monies raised

to

the

arnount

for carrying

esurnared

t.o be requtred.

by the Association
Objects. 3.9 The Association
insurance

must be spent on a(nieving

the

3.14
should ensure that it has adequate

and operate bank and other membersltrustees consider necessary

accounts

as the committee

in place for all of its activities.

Fun
provides
thf.'

membership
public liabilit.y

of PTA-UK automatically
and persona! rneetj~'lg\), tctivities,

3.15

To do anything else within the law that promotes

the Objects in the school

d(cidl~n1: tI)5urdn(l;.~to
diid

cover Association

committee 3.10

members/trustees. independent someone, memberl guidance is

SUT the Committee shall not undertake any activity p omises without the consent of the headteacher.

This douse covers employees, contractors taken by a charity wishing even part-time is proposed trustee. to employ

and volunteers. Care should always be to employ but special care. is required if it a committee

4, MEMBERSHIP
MemberS of the Association
4.1

are: or carers of any pupil

(See clause 9.2 and 9.3. Further

also evailable from the Chenry Comrnivsion.] 3.15 This 'blanket provision' is intended to cover any other power not specifically Association activities to achieve mentioned. The is still restricted to undertaking the Objects.

a Parents Association. the parents, guardians 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

4.
4.1

MEMBERSHIP
The membership Association will vary according to the type of

as set out in this Clause.

cl

4.2.3

It:

is unusual. for
from

Member of a charity
but. jf thb

tu b~' happens

in any other Association, for example a Friends group, 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 Cl Member
4.2 4.2.1

removed

membership,

i:

must only be done for gr)od [\.:;.'150ne.g. lll~(Jus the Member's presence represents a danger
tG t~H::

Membership the Member the Member

;s terminated if: dies resigns by written notice to the Association

school or its pupils. Under the rules of Natural

concerned

justice, the Member

to state

must be .given an opportunity

4.2.2

his or her case before a final decision and any decision justifiable.
Li"e any other

is taken must be

to remove

a Member

4.2.3

Committee lA). lt

decision this 'Nil! be recommended

in the minutes

made by a simple majority of the votes cast at Hw meeting (sec clause meeting. that
of any such decision be recorded

the

Committee

If you remove a Member who is also a committee member/trustee,

from thl:;

they are automatically member/trustee

removed does:

the committee membersltrustees 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.

Committee

under clause 0.5.4. However.

removal as a committee not autornatkaUy

mean that the individual is also committee member!

removed as a Member, so if you want to rerno .. t: someone who is no longer trustee from membership
Cl

S. GENERAL MEETINGS (ANNUAL AND EXTRAORDINARY)

5.1 All Members are entitled to attend any General
meeting

ut the charity as well.

of the

you will have to use the provision in 4.2

Association
5.2

5.

GENERAL
A General Extraordinary the members.

meeting

MEETINGS is a formal gath<'ring of

These can either be Annual or (AGM or EGM).

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 There is a quorum at a General meeting when the number of Members present is at least twice the number of committee members/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 Clallse13.

5.2

How notice
given to

of a General

meeting

should

be

members is defined

is delltt. I;vith ill ClaUSe i 1. and in clause 14.1. \A/hen giving

and the day
011

5.3

'written'
notice

each 'day"

starts at midnight,

which notice is given does. not count. 5.3 A Quorum to be valid. is the minimum number of members of

an Association

that must attend the meeting for it

PTA-UK 2011

Page 3

5.5

tt d

should be noted that the required majority is not

5.4

majority of the members present at the meeting

but of the votes cast.

The Chair or (if the Chair is unable or unwilling to do so) some other committee member/trustee elected by those present is in charge of a General meeting Except where otherwise provided in this Constitution, every issue at a General meeting is decided by a simple majority of the votes cast by the Members present at the meeting 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

5.6

The casting vote givento the person who is in charge of the meeting is intended to enable the
meeting to

5.5

proceed with its business. It is usual for

the casting vote to be made in favour of allowing

further debate on the matter on a future occasion. 5.7! 5.8 An AGM 1$essentiet to the running of the Association, They give Cl regular opportunity tor

5.6

members to reviewits activities.

5.8.4

to one vote on every issue

5.7

PTA-UK requiresallAssociationsto have their

accounts independently examined. This is a stipulation by Treasurer or another of the PTA-UK subscription linked insurance tor cover against fraud or dishonesty
d

committee
on auditing

member/trustee.
arrangements

For further

lnlormation 5.8
no
they may

The Association must hold a General meeting within twelve months of t.he date of the adoption of this constitution. Thereafter, an AGM must be held if: each subsequent year and not more than 15 months may elapse between successive annual General meetings. At an AGM the members: receive the accounts receive the Association's
of the Association

required by the Charity

Commission. pleaserefer to C.lause'10.

5.8.5 ;.\ Patron. President constitutional vote at Committee Association

orvice-President has
meaning meetings. However,

responsibilities

they can not

5.8.1 5.8.2

for the previous financial year on the

be invited to address members or to represent the

on forma! occasions: or v..... hen seeking

report of the committee membersltrustees activities since the previous AGM members/trustees examiner or auditor for the Association

publicsupport.
5.9 If an urgent or important matter [such as the
amendment of the Constitution] which must be decided at a General meeting can not conveniently be dealt with at an AGM,then an additional meeting needs to take place.Thismeeting is called an ExtraordinaryGeneral meeting.

5.8.3 5.8.4 5.8.5

elect the committee appoint an independent

may confer on any individual (with his or her consent) the honorary title of Patron, President or Vice-President of the Association discuss and determine any issues of policy or deal with any other business put before them An EGM may be called at any time by the Committee called within 21 days to happen within three months request to the receiving committee members/trustees ten members. and must be of a written from at least

6.

THE COMMITIEE This clause sets out the composition of the cherrtys
Governing Body.At start up end prior to tne first AGM. when formal Elections can be held. a steering group can be formed by the people that are lIst.ed in

5.8.6

5.9

clause 4.1. It is expected that an AGManJ formal elections willbe held as soon as possiblealter start up. Ifan AGMis held to adopt this constitution this
would also provide an opportunity to hold elections,

Those who start as committee members/trustees and any people who are subsequently appointed
at an AGM must be members Co-opted members,
AGM, are not required to be.

(under

clause
but

4,'1/ M the if thev

who ar~: not appointed

members,

wish to be ek~cted to the Committee

at the next

AGM,they must be a Member.

Every committee member/trustee, however

6. THE COMMITTEE 6.1 All members of the Committee are trustees of the charity and have control of the Association. its property and funds. The Committee members are referred to in this document as committee members/ trustees. 6.2.1 Committee members/trustees hold office until the next AGM shall be elected at the AGM and shall

appointed, is lega!!ya charity trustee and owes a duty towards the charity (in this case, the Association) rather than to whoever has made the appointment.
Under section 33 of the CheritiesAct 1S93 as

6.2.2

All committee members/trustees, except must be members of the Association

those

who are eo-opted,

amended by the Charities Act 2006 a written

6.3.1

memorandum should be-executed I/...=hene,,ei"

a committee member/trustee is electeo or appointed.Thiscan be done by recordingthe

outcome in the minutes of the AGM at which

Committee members/trustees shall have the power to eo-opt committee membersltrustees at any time. and eo-opted committee members/trustees shall serve until the date of the next AGM The number of eo-opted committee members/trustees must not be more than 50% of the total number of committee members/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

the election of committee members/trustees takes place.

6.2.1

6.3.2

Thisprovidesfor the committee members!

trustees to be ~lected each year at. the AGM

6.4

6.3.1 It. is usually helpfui to ellow the eo-opt a number of its

Committee to members, for exernpte to

filt a vacancy that arises during the year or enlist

members with particularskills.The total number

PTA-UK 2011

Page 4

of eo-opted

committee

members/trustees

must

not be more than 50% of the total number of all other committee Committee trustees, committee members/trustees. committee So. if your members/
has eight

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.
6.5 A

it is possible to have up to four eo-opted members/trustees.

committee automatically

member/trustee (whether elected ceases to be a committee member/trustee

or

co-opted) if he or she: by

6.5

There are various reasons why a committee

member/trustee would have to cease being a Member of the Committee:

6.5"1 The

6.5.1

is disqualified under section 72 of the Charities Act 1993 as amended the Charities Act 2006 from aaing as a charity trustee is incapable, whether aft airs mentally or physically, of managing

CharitiesAct

199.3. as

amended

by the

Charities 6.5,2 his or her own

Act Z006. detaits venous reasons why a committee member/trustee

would be disqualihed, ipc!uding

deception or di~h0nt~~y.

any conviction invotving

unless legally spent: undischarged bankruptry:

6.S.3

from being a trustee for misconduct: disqualificationfrom being a company director or being subject to orders under the InsolvencyAct
removal

is absent from three consecuuvo rneetings prior noti fication to the Secretary ceases to be a member of the Association

of the Committee

without

6.5.4 6.5.5

6.5.2

Embarrassing committee

problems

can arise when a becomes Loo ill or

member/trustee

infirm to be expected to tale full responslbillty

resigns by written notice to the Committee but only if at least two committee members/trustees remain in office is removed by a members/trustees. member/trustee and his/her right been considered resolution passed by a majority of other committee Removal is not effective until the committee concerned has been notified in writing of the proposal to respond within 14 clear days, and the matter has in light of any representations made

for the task.The Committee may wish

member/trustee

to make

a rule under clause 8.2 to require Cl committee who appears incapable to undergo a medical eXdmination. It resignation

6.5.6

is anticipated

that such

a request would in most cases lead to a VOluntary

6.5.5 Committee members/trustees should not be able to walk away from their responsibilities
without leaving at least two remaining members/trustees.
1(:(3$1

committee without at 13)

in pt\"l'~:~~
C!dU~\'

6.6

Any Association members/trustees

two

committee

All committee members/trustees shall be entitled to reimbursement of reasonable out-of-pocket expenses (including hotel and travel costs) actually incurred ill the administration of the Association.
,\ retiring committee member/trustee is entitled to an indemnity from the continuing committee members/trustees at the expense of the Association ill respect of any liabilities properly incurred while he or she held office. A technical

wilt therefore be furled to dissolve lSH:'

6.7
5.5.5 This is a wise precaurion. Keep in mind though,

that if someone is removed as a member under

clause 4.2. they are automatically removed as

a committee member/trustee under 6.5.4. If someone is unsuitable to be a committee

member/trustee but you are happy fer them to then remove them under this members/trustees who under this

6.8

remain as a member Co-opted clause 6.6 committee

clause. and they can stili continue to be a member. are not members, can only be removed

defect in the appointment of a committee member/ trustee of which the Committee are unaware at the time does not invalidate decisions taken at a meeting.

committee members/trustees are entitled to recoverfrom the Association whatever funds they may have had to payout as a consequence of runningthe Association,eg paying for goods or servicesordered by them and supplied to the
M charity. Occasionally a mistake occurs in appointment procedures. If a mistake of this kind is discovered it. does not retrospectively decisions decisions are taken. invalidate previous

7. COMMITTEE MEETINGS 7,1 The Committee must hold at least three meetings 7.2 A quorum at a Committee the nearest whole number, Committee.

every academic year.

meeting is 50 per cent. rounded up to of the total current membership of the

6.8

7.3

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

but should be put right before further

7.

COMMITTEE MEETINGS
This Clause deals with the meetings and

7A

proceedingsof the Committee.

7. i The Committee can decide the number Of tunes it needs to meet to minimum 7.2

carry out

its work but the

Every decision may be made by a simple majority of the votes cast at a Committee meeting. A resolution which is in writing and signed by all committee members/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. Except for the Chair of the meeting, who has a second or casting vote, every committee memberltrustee has one vote on each issue.

number is three during an

academic year.
7.5

This clause provides a formula for calculating the quorum. This is the rninlmurn number of committee present members/trustees who must be meeting to be valid. For with ten committee for the Committee

example. for a Committee

PTA-UK 2011

Page 5

members/trustees, with five committee 7.4 It may be necessary

d

a quorum would be reached

members/trustees. for the Association to make meetings.

8. POWERS OF COMMITTEE The following powers are available to the Committee the Association:
8.1

to help run

decision outside of the Committee

This can be done by written resolution but has to be signed by all committee
This n('pds to bp

members/trustees.
beca[,j')e

passE.d unanimously

decisions taken by written resolution do r-ot allo-v

an opportunity at a meeting.
7.5

to debate

an issue as would happen

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 01'1emember of every sub-committee must be a committee memberltrustee. All sub-Committee proceedings must be promptly reported to the main Committee. 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 comrnitrnsnt of funds.

The casting vote is given to the person who is in charge of t.he meeting 111el::ting to proceed
further debate

8.2
the

and is intended
with

to enable

its business. It is usual for in favour of allcrvving

on a future

the casting vote to be

giVo?_fl

on the matter

u\.Cd5ion

8.
8.1

POWERS OF COMMITTEE
The Committee actions
prudent for each

is legally resDo,."ible suo-committee

for the
at

of any sub-commitree.

It it; then:for~' to include

9. PROPERTY & FUNDS 9.1 The property and funds of the Association the Objects (see clause 2).
9.2
of in al:

must only be used to fulfil

least one committee Committee each sub-committee main Committee,

member/trustee.

The

should define the responsibilities with care. It is essential

cases for sub-committees not limited to any particular

to report back to the

function.

\Vhilst the power to detegatt2 is it is usually

IThltters

Committee members/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: the maximum amount services provided is set out in writing and is reasonable for the

appropriate for the final decision on major

Committee. 8.2

9.2.1

of pollcy or resources to be taken by the main

The Committee is allowed to make rules to govern different aspects of the running of the Association by this document. that are not already governed

9.2.2

the committee members/trustees are satisfied that the agreement in the interests of the charity before entering into it the total number of committee members/trustees remuneration is in the minority from time to time. entitled

is

9.2.3

to such

9.
9.1

PROPERTY & FUNDS

Any property of the Association members. is h~1don trust to achieve the Objects and does not belong lO the

9.3

Whenever a committee memberltrustee has a personal interest in a matter to be discussed at a meeting. the committee member/trustee
must:

9.2

The Chariti(~s Act 2006 a!!cwJs trU$tet~$ t.u r\~cpiv~

persona! benefit from the charity. However.

it

IS

recommended
required.

that. this be carefully managed.

This

9.3.1 9.3.2

declare an interest before discussion begins on the matter withdraw from that part of the meeting remain in order to provide information unless expressly invited to

clause sets out the precautionary

measures that are

9.3

The committee personally benefit

member/trustee

should not: take

part in making fIny decision from which they rnigh1

9.33
records is essential if the
run. The need for
cl

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

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

10. RECORDS & ACCOUNTS

10.1 The keeping of ade-quate Association
charity examined is to have its

9.3.4

to be properly

accounts either independently

audited is a requirement

or professionally

of charity
accounts

law and is determined to be independently examination

by the level of
examined is 25.000.

annual income. The current The independent

be ~1 person

threshold for charity does not have to

10. RECORDS & ACCOUNTS 10.1 The Committee must comply with the requirements of the Charities Act 1993 as amended by the Charities Act 2006 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

conducted by an auditor and (an be done by the Committee rCdsOTwbl.y t>\;!ti'-'\.'0~, to ability and pra(tical
bursar or eXpt'ri0llce The
PE:r50r'

have the required

For example. a
chosen

school

teacher.

must not be involved with the Committee of their family.

nor be a member Audit requirements

of account must keep proper records of:

incn.:~,lse for charities with

an income over 250,000 and 500,000. Further

inforrnatlon Commission. Please see 5.8.4 fer further requirement information on is

'10.2

The Committee

available from PTA-UK Of tht' Charity

102"! all proceedings

the
of

at General meetings at Committee meetings

for an independent

examination

10.2.2 all proceedings

accounts which is a stipulation cover.

of PT/\-UK !n5ureJ!Kc

10.2.3 all reports of sub-committees

PTA-UK 2011

Page 6

11.

NOTICES
Reference is made to 'notice' in various pleces in sbould be IS defined in the Constitution (see clauses 4. 5.2, 6.5.5 and 12. "I). by 'written'

10.3

Annual reports and statements of account available for inspection Association.

must be made

relating to the Association by any member of the

Thisclause
Clause 14.

makes dear how members

notified. What is meant

10A

The Committee must notify the Charity Commission promptly of any changes to the Association's entry on the Register of Charities.

12. AMENDMENTS
Arn('ndrnents to the PTAUK Model

Constitution develops. Thi~

may be neeJed as the Association

clause gives you the power to make necessary

amendments. Please note that more than a

simple majority is required to agree any proposed

amendment.
12.1 The members must b~ given adv.:1llce notice of proposed amendments to the Constitution.
at midnight.

11, NOTICES '11.1 Notice of any General meeting of the Association lTIay be sent by hand, by post, by suitable electronic communication (erneil) 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

When
and the

giving notice each 'Jay' starts

The address at which a Member is entitled to receive notices (if sent by post) is the last known address of the Member
A technical

day on which notice is given does not count.

12.2 It is vitsl that the Constitution is not (~I1Knded in Cl tu

11.3

way whkJI makes it irnpuS;,it}le lor the Association

conunue to operate, Thereiore, under this (!au~t.::. ce!'!:ain

amendments are not valid, 102 if tldo;>tt.::G they vviH net
count as aruendrnents and will not be registered

defect in the giving of notice which the Members or committee members/trustees ore unaware of at the time does not invalidate decisions taken at a General meeting.

by the

Charity Commission. The two cases are: (ij where there is a fundamental Objects. which a previous supporter Association's (ii) funds would
caUSE!

change

in the
of a kind be

12. AMENDMENTS This Constitution may be amended at a General by a two-thirds majority of the votes cast. but:
12.1

meeting

of the Association

ie where the new purposes

are

could not reasonably

expected to have foreseen v... hen contributing

to the

The Members amendments. No amendment

must be given 21 clear days'

notice of the proposed

wh(-;,rethe change in t.he Constitution the cberlty to become ~)non-cnertteble amendments. It will normally

12.2

body. to

Both issues need to be considered for all proposed be appropriate seek legal advice or consult before the proposed the Charily Commission are drawn up

is valid if it would make a fundamental change to the the charitable status of the Association and no amendment may be made to clause 9 without the prior written consent of the Charity Commission.

Objects/claus~' 2 or

amendments

12.3

12.3 The Charity Commission should be notified promptly of att amendments

Constitution

A copy of any resolution amending this constitution must be sent to the Charity Commission within Z 1 days of it being passed.

that are made. needs to

Any amendment made to the PTA-UK Modt:! prior to charity registration be agreed directly with tlw Charity Corrunission and therefore would disqualify the ap~)tiu:tion for registration through th\:: PTA'UK fast trClCK registration scheme.

13. DISSOLUTION 13.1 The Association may be dissolved by a resolution presented at an or an AGM where this is included III the notice of the meeting. resolution must have the agreement of two thirds of those voting must give instructions for the disposal of any assets remaining paying the outstanding debts and liabilities of the Association
13.2

EGM The and after

13

DISSOLUTION
It is not unusual for unincorporated charitable Associations such a decision to reach the enJ oi their useful life and decide to dissolve. This clause provides that

may be made at an EGM or

all

AGM where correct notice is given. Thereatter. assets must be used for furthering for charitable to the Objects. '13.2 This clause allows for any remaining passed
tCJ

{he:

debts and liabilities must be paid, Any remaining the Objects or

01"

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.
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.

purposes

which

are within

similar

13.3

assets to be
is

the school or, If the school.

5dlOO{

or will

SQ0rl

be dosed, to another 13.4 The Committee responsibilities

BA

':\;ilinot be relieved of th(':! until they have completed this

task and have sent a fintll report and statement vI accounts to the Charity Cornmission. The ChariLy
Commission

The Trustees must notify the Charity Commission promptly that the Association has been dissolved. The Trustees must comply with any request from the Commission including providing the Association's final accounts. '

will then remove the Association

from

the Regi5le( ot Charities.

----------------_._._-----_._-_._----- PTA-UK 2011 Page 7

ADOPTED AT A MEETING HELD

AT (Place)

14. INTERPRETATION
14.1 In this Constitution: address: means a postal address or. for the purposes of electronic cornmunication. a tax number, an e-rnail address or a text message number in each case registered with the charity

Sf PETERS COFf
ON (Ddte)

SCHOOL.

(0
NAME

NOI/Eft1(3~
..... ,'"
.,,,

2J.)/.2
.

AGM: means an annual general meeting Association the Association: means the charity comprised

of the Members of the in this constitution elected at the AGM

the Chair: means the Chair of the Association

charity trustees: has the meaning prescribed by section 97(1) of the Charities Act 1993 as amended by the Charities Act 2006. Every committee member/trustee is legally a charity trustee.
OCCUPATION

clear day: means 24 hours from midnight the Commission: means the Charity Wales: cheritycornmission.gov.uk

following the triggering event Commission for England and

SICNATURE

the Committee: is the Governing Body of the Association all elected and eo-opted committee members/trustees committee member/trustee: means elected at the AGM by the Membership

and includes

(Name and signature of Chair of meeting)

a tvl"ll1ber of the Committee

co-opted committee member/trustee: means a Member of the Committee appointed by the committee members/trustees in accordance wrrh clause 6
WITNESS NAME

EGM: means a general meeting which is not an ACM

of the Members

of the Association

LoR.R.A lNE ~H.

ADDRESS

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

5'1- moo~lVlCIW)) !5uOLtlQ(..f DetoN;B<CiGPX.. .... .

OCCUPATION ...................................................................

general

meetings:

means any AGM or EGM Body of the school or Principal of the school prescribed by section 43(3)(a) as set

Governing headteacher:

Body: means the Governing means the headteacher

fBvS/ONS

7E:G(NfO'r(..
,

JUPft>.e::T .

independent examiner: has the meaning of the Charities Act 1993 Member and Membership: out in clause 4 months: means calendar

SI~(}LJ

(Name. address, occupation

~=~

refer to Members months Objects

of the Association

and l)ig:'lat.uf{1 of ,;vlt.ni::55}

the Objects: meens the charitable in deuse 2.

of the Association

set out

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 a fax message or an electronic communication where the Member or eo-opted committee member/trustee has agreed to receipt of notices by electronic means year: means calendar year

14.2

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

knit; ..j bv

36SCZll

39 Shipt)Oulne PTA-UK 2011

Road

I Ot)45 d.sO 5460

Page 8

e I irlfo@pta.org.uk

www.pta.org.uk