Witamy w Polskiej Sobotniej Szkole

im. Mikołaja Kopernika w Peterborough

Statut szkoły

CONSTITUTION OF THE

Nicolas Copernicus Polish Saturday School Parents’ Association

1.         NAME

            The name of the organisation shall be the Nicolas Copernicus Polish Saturday School Parents’ Association (hereinafter called „PSS”).

2.         OBJECTS

The objects of the PSS are to:

  1. To advance education in Polish language, history, geography
  2. To maintain Polish culture and traditions
  3. To promote Polish culture to the wider community by participating in and organising cultural and social events integrating wider communities in Peterborough and surrounding area
  4. to promote community cohesion and understanding between communities in Peterborough
  1. to work in partnership with other agencies and organisations with the similar objectives
  1. to promote such other charitable purposes as may from time to time be determined.

The PSS shall be non‑party in politics and non‑sectarian in religion. The area of benefit shall be Peterborough and surrounding areas within 30 miles radius.

3.         POWERS

3.1 In furtherance of the said objects, but not otherwise, the PSS PA shall have power to:

  1. collect and disseminate information on all matters relating to its objects, and to exchange such information with other bodies having similar objects whether in the United Kingdom or elsewhere;
  1. write, print or publish, in whatever form, such papers, books, periodicals, pamphlets or other documents, including films and recorded material, as shall further its objects, and to issue or circulate the same whether for payment or otherwise;
  1. purchase, take on lease or in exchange, hire or otherwise lawfully acquire such property or other rights and privileges as may be necessary for the promotion of its objects, and to construct, maintain or alter the same, SUBJECT TO the provisions of Clause 17 hereof;
  1. make regulations for the proper supervision, control and management of any property which may be so acquired;
  1. sell, let, dispose of or turn to account all or any of its property or assets SUBJECT TO such consents as may be required by law;
  1. raise funds and invite or receive donations and contributions, whether by subscription or otherwise, PROVIDED THAT the PSS shall not undertake any substantial trading activities except as allowed under current charity law and shall take all reasonable steps to ensure that no trading income is liable to tax;
  1. support any charitable trusts, PSSs or institutions formed for all or any of the objects;
  1. receive money on deposit or loan or overdraft, in such manner as the PSS may think fit, SUBJECT TO such consents or on such conditions as may be required by law;
  1. invest money not immediately required for its objects in or upon such investments, securities or property as the PSS may think fit, SUBJECT NEVERTHELESS to such conditions (if any) as may for the time being be imposed by law;
  1. borrow money, and SUBJECT TO such consents as may be required by law, to charge all or any of the property of the PSS with the repayment of money so borrowed;
  1.    employ Headteacher of Polish Saturday School in Peterborough;
  1.    agree terms and conditions of employment contracts for all staff at Polish Saturday School following recommendation from Headteacher;
  1.   agree strategically vacancies and post redundancies following recommendation from the Headteacher;
  1.    participate in staff recruitment and interviews;
  1.  authorise expenditure for over £500/per item
  1. remunerate any member of the Management Committee for services rendered to the PSS PROVIDED THAT:
  1. such member shall not be present at or take part in any discussions or decision relating to such remuneration;
  1. any decision to remunerate such member shall be taken unanimously by the other members present and voting at the meeting at which the decision is made;
  1. the other members are satisfied that the level of remuneration is reasonable and proper having regard to the services rendered by such members to the PSS;
  1. the other members are satisfied that the services rendered to the PSS are of special value to the PSS having regard to such member’s ability, qualifications, or experience and/or to the level of remuneration for which he/she has agreed to provide them;
  1. the number of such members for the time being in receipt of remuneration shall not exceed a minority of members of the Management Committee.
  1. provide indemnity insurance for the members of the Management Committee and staff employed by PSS (or any of them) out of the funds of the PSS PROVIDED any such insurance shall not extend to any claim arising from any act or omission which the members of the Management Committee (or any of them) knew to be a breach of duty or breach of trust or which was committed by members of the Management Committee (or any of them) in reckless disregard of whether it was a breach of duty or breach of trust or not;
  1. affiliate to the national, regional and local organisations with similar charitable objects;
  1. do all such other lawful things as shall further the charitable objects of the PSS.

3.2 In furtherance of the said objects, but not otherwise, the PSS PA shall delegate powers listed below to Polish Saturday School’s Management Team led by the school’s head teacher:

  1. arrange and provide for, either alone or with others, the holding of exhibitions, meetings, lectures, classes, seminars or training courses, and all forms of recreational and other leisure‑time activities;
  1. collect and disseminate information on all matters relating to its objects, and to exchange such information with other bodies having similar objects whether in the United Kingdom or elsewhere;
  1. write, print or publish, in whatever form, such papers, books, periodicals, pamphlets or other documents, including films and recorded material, as shall further its objects, and to issue or circulate the same whether for payment or otherwise;
  1. employ and dismiss teachers and staff employed by Polish Saturday School;
  1. line manage all staff employed by PSSPA;
  1. be responsible for day to day operational management of school affairs;
  1. sign contracts, documents and letters of behalf of the Polish Saturday School in Peterborough;
  1. authorise expenditure for up to £500/per item.
  1. affiliate to the national, regional and local organisations with similar charitable objects;
  1. to be responsible for school’s policies and procedures;
  1. insure and arrange insurance cover and to indemnify its employees and

voluntary workers from and against all such risks incurred in the course of

the performance of their duties as may be thought fit;

4.         MEMBERSHIP

(a)     Membership shall be open, irrespective of sex, sexual orientation, nationality, age, disability and race or of political, religious or other opinions to:

(i)         individuals aged eighteen years or over:

  1. Parents of children attending Polish Saturday School in Peterborough , all volunteers and staff members who shall be known as Individual Members;
  1. who live outside the area of benefit, who shall be known as Associate Members, and who may attend as observers but who shall not have the right to vote at General Meetings of the PSS, PROVIDED THAT they shall have power to elect TWO of their number to vote on their behalf at General Meetings.

(ii)      individuals aged under eighteen years, whether living within or outside the area of benefit, who shall be known as Junior Members and who may be admitted to membership subject to such conditions as the Management Committee may decide. They shall have the power to elect two of their number to represent them, without the right to vote, at meetings of the Management Committee. Any Junior Member may attend General Meetings as observers but shall not have the right to vote.

(iii)     PSSs and organisations, whether corporate or unincorporated, (and including branches of national or international organisations) which operate solely or in part within the area of benefit, are voluntary or non‑profit‑distributing, and which wish to support the objects of the PSS, which shall be known as Affiliated Groups;

 

 

(b)     Each member organisation shall nominate one individual person being a member thereof to vote on its behalf at General Meetings of the PSS; and may nominate an alternate being a member thereof to replace him/her at such meetings if the nominee is unable to attend. In the event of such individual person resigning or leaving the member organisation he or she shall forthwith cease to be the nominee thereof. The member organisation concerned shall have the right to nominate a replacement, informing the Secretary in writing.

(c)     individual members admitted under Clause 4(a) (i) (a) or nominated under Clause (a) (i) (b), and Clause 4 (b) shall hereinafter referred to as ‘members with power to vote’

5.         RESIGNATION AND TERMINATION OF MEMBERSHIP

  1. Any member of the PSS may resign his/her membership and any representative of a member organisation or Section may resign such position, by giving to the Secretary of the PSS written notice to that effect.
  1. The Management Committee may, by resolution passed at a meeting thereof, terminate or suspend the membership of any member, if in its opinion, his/her conduct is prejudicial to the interests and objects of the PSS, PROVIDED THAT the individual member or representative of the member organisation (as the case may be) shall have the right to be heard by the Management Committee before the final decision is made. There shall be a right of appeal to an independent arbitrator appointed by mutual agreement.

6.         GENERAL MEETINGS OF THE PSSPA

(a)       General Meetings:

Once every 2 years General Meeting of the PSS shall be held at such time and place as the Management Committee shall determine, being not more than fifteen months after the adoption of this constitution and thereafter the holding of the preceding General Meeting. The Secretary shall give at least twenty-one clear days notice of the General Meeting shall be given individually to members or posted in a conspicuous place or places in the area of benefit and/or advertised in a newspaper circulating in the area of benefit.

 

The Chair of the Management Committee shall be the chair of the General Meeting but if he or she is not present, before any business is transacted, the persons present shall appoint a chair of the meeting.

The business of each General Meeting shall be:

  1. to receive the Report of the Management Committee, which shall incorporate the accounts of the PSS referred to below, and give an account of the work of the PSS and its activities during the preceding year;
  1. to receive the accounts of the PSS for the preceding financial year;
  1. to elect the Honorary Officers of the PSS in accordance with Clause 8 hereof;
  1. to elect members to serve on the Management Committee, in accordance with Clause 9 (a) (ii) hereof;
  1. to appoint one or more qualified auditors or independent examiners for the coming year to audit or examine the accounts of the PSS in accordance with the Charities Act 1993(or any statutory modification or re-enactment of that Act);
  1. to consider any other business of which due notice has to be given.

(b)       Special General Meetings:

 

The Chair of the Management Committee may at any time at his/her discretion and the Secretary shall within twenty one days of receiving a written request so to do signed by not less than 20 members with power to vote and giving reasons for the request, call a Special General Meeting of the PSS to consider the business specified on the notice of meeting and for no other purpose. The Secretary shall give at least fourteen clear days notice of the Special General Meeting individually to members or posted in a conspicuous place or places in the area of benefit and/or advertised in a newspaper circulating in the area of benefit.

The Chair of the Management Committee shall act as chair of the Special Meeting. If both the Chair and the Vice Chair are absent from any meeting, the members present shall choose one of their number to chair of the meeting before any other business is transacted.

7.         HONORARY OFFICERS

  1. Only members of the PSS aged eighteen years and over shall be eligible to serve as Honorary Officers.

(b)     The members with the power to vote present at the General Meeting of PSS shall elect up to 15 Management Committee members. PSS may from time to time decide who shall serve in their respective capacities as Honorary Officers of the Management Committee. Such Honorary Officers may be appointed as members of any sub-committee established in accordance with Clause 10 hereof.

(c)     At its first meeting after the General Meeting the Management Committee shall elect from among its members a Chair ,Vice Chair, Secretary and Treasurer. Such Honorary Officers may be appointed as members of any sub-committee established in accordance with Clause 11 hereof.

(d)     An Honorary Officer shall cease to hold office if he/she notifies the Secretary of the PSS in writing of his/her resignation.

(e)     If a vacancy occurs by death, resignation or disqualification among the Honorary Officers of the PSS, the Management Committee shall have the power to fill it from among its members.

(f)      Subject to sub-clause (d) of this clause, all Honorary Officers shall hold office until the conclusion of the next General Meeting of the PSS and shall be eligible for re-election.

8.         THE MANAGEMENT COMMITTEE

8.1 The policy and strategic management of the PSS shall be directed by the Management Committee which shall hold at least six ordinary meetings each year.

8.2 A special meeting may be called at any time by the Chair or by any two members of the Management Committee upon not less than four clear days notice being given to the other members of the Management Committee of the matters to be discussed but if the matters include an appointment of a co-opted member then not less than twenty one clear days notice must be given.

8.3 As the charity trustees, the Management Committee shall have power to enter into contracts for the purposes of the PSS on behalf of all members and may exercise on behalf of the PSS any or all of the powers enumerated in Clause 3 hereof.

(a)     The Management Committee shall consist of:

  1.        the Honorary Officers elected under Clause 7 hereof;
  1. up to 3 representatives from the Staff Board
  2. up to 5 Management Committee members
  3. persons co-opted individually by the Management Committee who shall serve on the Management Committee until the conclusion of the next Annual General Meeting PROVIDED THAT the number of co-opted members shall not exceed one quarter of the total number of members elected and appointed to the Management Committee in accordance with the provisions of this sub-clause and enumerated above.

(b)   The Chair of the Management Committee shall act as chair at meetings of the Management Committee. If both the Chair and the Vice Chair are absent from the meeting, the members present shall choose one of their number to be chair of the meeting before any other business is transacted.

c)      All members of the Management Committee shall retire from office at the conclusion of the Annual General Meeting next after the date at which they came into office but they may be re-elected or re-appointed.

(d)     If casual vacancies occur among the elected members of the Management Committee it shall have power to fill these from among the members of the PSS.

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

(f)    A member of the Management Committee shall cease to hold office if he or she:-

  1. is disqualified from holding office by virtue of section 72 of the Charities Act 1993 (or any statutory modification or re-enactment of that provision) or
  1. becomes incapable by reason of mental disorder, illness or injury of managing his or her own affairs, or
  1. is absent without the permission of the Management Committee from all its meetings held within a period of three months and the Management Committee resolves that he/she shall cease to hold office, or
  1. notifies the Management Committee in writing of his/her resignation (PROVIDED THAT at least three members of the Management Committee will remain in office when the notice of resignation is to take effect).

The provisions of paragraphs (i) and (ii) of this sub-clause also apply to any individual holding trustee who may be appointed in accordance with Clause 17(a) below.

(g)      Each member of the Management Committee, upon election or co-option to the Management Committee, shall receive a copy of the PSS’s constitution. No person shall be entitled to act as a member of the Management Committee, following election, re-election or co-option, until they have signed in the minute book of the Management Committee or otherwise a declaration of acceptance and willingness to act as a charity trustee of the PSS.

  1. No persons under the age of eighteen shall be members of the Management Committee but such persons may be invited to attend meetings without the right to vote.

9.         SUB-COMMITTEES

The Management Committee may appoint one or more sub-committees for supervising or     performing any activity or service. In each such case:-

(a)     the Management Committee shall define the terms and reference of the sub-committee and may also determine its composition and the duration of its activities;

(b)     all acts and proceedings of the sub-committees shall be reported as soon as possible to the Management Committee.

10.     MANAGEMENT COMMITTEE MEMBERS NOT TO BE PERSONALLY INTERESTED

Except as provided in sub-clauses 3 (q) and 3 (s):

  1. no member of the Management Committee (otherwise than as a trustee for the PSS) shall acquire any interest in property belonging to the PSS;
  1. no member of the Management Committee (otherwise than as a members of the Management Committee) shall be interested in any contract entered into by the Management Committee;

  1. no member of the Management Committee shall receive remuneration.

11.     RULES OF PROCEDURE AT ALL MEETINGS

(a)     Voting:

All questions arising at a meeting of the PSS, the Management Committee or one of its sub-committees shall be decided by a simple majority of those present and voting. Each member shall have one vote and in case of an equality of votes the chair shall have a casting vote in addition to any other vote he or she may have.

 

(b)     Quorum:

  1. Committee Meetings: 50% + 1 of the members shall form a quorum at meetings of the Management Committee and sub-committees of the PSS.
  1. General Meetings: twenty five members with power to vote or one third of the members with power to vote, whichever is the less, shall form a quorum at General Meetings of the PSS. In the event that no quorum is present at General Meeting of the PSS, or the meeting has to be abandoned, the meeting shall stand adjourned and be reconvened fourteen days later, and those members with power to vote present at that meeting shall be deemed to form a quorum.

(c)   Minutes:

Signed minutes shall be kept by the PSS and all its committees and the respective Secretary shall enter therein a record of all proceedings and resolutions.

12.       STANDING ORDERS AND RULES FOR THE USE OF THE POLISH SATURDAY SCHOOL

The Management Committee shall have power to adopt and issue Standing Orders and/or Rules for the conduct of PSS business and/or Rules for the use of the Polish Saturday School. Such Standing Orders and Rules shall come into operation immediately, provided always that they shall be subject to review by the General Meeting and shall be consistent with the provisions of this constitution.

13.       FINANCE

  1. All money raised by or on behalf of the PSS shall be applied to further the objects of the PSS 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 PSS or the repayment of reasonable out‑of‑pocket expenses incurred on behalf of the PSS by employees and volunteers.
  1. An account shall be opened in the name of the PSS at such a bank or such other financial institution as the Management Committee shall from time to time decide. The Management Committee shall authorise in writing the Treasurer, the Headteacher and other members of School’s Management Team as deemed appropriate, to sign cheques on behalf of the PSS. All cheques must be signed by not less than two of the four authorised signatories.
  1. The Honorary Treasurer shall oversee the proper accounts of the finances of the PSS.

14.       TRUST PROPERTY

(a)            Land and Buildings:

Subject to the provisions of sub-clause (b) of this clause, the Management Committee shall cause the title of all land (which is not vested in the Official Custodian for Charities) and all investments held by or in trust for the PSS to be vested in either a corporation entitled to act as custodian trustee or in not less than three nor more than four named individuals (not being members of the Management Committee) appointed by the Management Committee as holding trustees. Holding trustees shall act in accordance with the lawful directions of the Management Committee. PROVIDEDTHAT they act only in accordance with such lawful directions, holding trustees shall not be liable for the acts and defaults of the members of the Management Committee. Holding trustees may be removed by the Management Committee at its pleasure and shall otherwise cease to hold office in accordance with the provisions of Clause 10(f) above.

(b)       Investments:

If a corporation entitled to act as custodian trustee has not been appointed to hold the property of the PSS, the Management Committee may permit any investments held by or in trust for the PSS to be held in the name of a clearing bank, trust corporation or any stockbroking company which is a members of the International Stock Exchange (or any subsidiary of any stockbroking company) as nominee for the Management Committee and may pay such nominee reasonable and proper remuneration for acting as such.

15.                  ACCOUNTS

The Management Committee shall comply with its obligations under the Charities Act 1993 (or any statutory modification or re-enactment of that Act) with respect to:

(a)       The keeping of accounting records for the PSS;

(b)       the preparation of annual statements of the accounts for the PSS;

(c)       the auditing or independent examination of the statements of account of the PSS;

(d)       the transmission of the statements of accounts to the Charity Commission for England and Wales.

16.       ANNUAL REPORT AND RETURNS

The Management Committee shall comply with its obligations under the Charities Act 1993 (or any statutory modification or re-enactment of that Act) with respect to the preparation of an annual report and an annual return and their transmission to the Charity Commissioners for England and Wales.

17.     LIABILITY AND INDEMNITY

(a)            In the execution of the trusts hereof no member of the Management Committee shall be liable:

  1. for any loss to the property of the PSS by reason of any improper investment made in good faith (so long as he/she shall have sought professional advice before making such investment); or
  1. for the negligence or fraud of any agent employed by him/her or by any other members of the Management Committee in good faith (provided reasonable supervision shall have been exercised); and
  1. no member of the Management Committee shall be liable by reason of any mistake or omission made in good faith by any member of the Management Committee other than wilful and individual fraud, wrongdoing or wrongful omission on the part of the member who is sought to be made liable.

(b)     Every member of the Management Committee and other officer, auditor or Independent Examiner of the PSS shall be indemnified out of the assets of the PSS against any liability incurred by him or her in that capacity in defending any proceedings, whether civil or criminal, in which judgement in given in his or her favour or in which he or she is acquitted or in connection with any application in which relief is granted to him or her by the court from liability for negligence, default, breach of duty or breach of trust in relation to the affairs of the PSS.

18.     DISSOLUTION

If the Management Committee by a simple majority decides at any time that on the ground of expense or otherwise it is necessary or advisable to dissolve the PSS it shall call a meeting of all members with power to vote and of the inhabitants of the area of benefit of the age of eighteen years and upwards of which meeting not less than twenty one clear days notice (stating the terms of the resolution to be proposed thereat) shall be posted in a conspicuous place or places in the area of benefit and advertised in a newspaper circulating in

the area of benefit and given in writing to the Director of the National Federation of Community Organisations (Community Matters). If such decision shall be confirmed by a simple majority vote of those present at such meeting the Management Committee shall have power to dispose of any assets held by or in the name of the PSS.

Any assets remaining after the satisfaction of any proper debts and liabilities shall be transferred to any charity or charities with similar charitable purposes to those of the PSS to be used for the benefit of the inhabitants of the area of benefit as the Management Committee may decide subject to the prior approval in writing of the Charity Commission for England and Wales, or other authority having charitable jurisdiction. The Management Committee shall notify the Charity Commission promptly of the decision to dissolve the PSS and, if obliged to do so, send to it a copy of the PSS’s final accounts.

19.       ALTERATIONS TO THE CONSTITUTION

Any proposal to alter this constitution must be delivered in writing to the Secretary of the PSS not less than twenty eight days before the date of the meeting at which it is first to be considered. Any alteration will require the approval of both:

(a)            a simple majority of members of the Management Committee present and voting at a Management Committee meeting.

b)a two‑thirds majority of invited members with power to vote present and voting at a General Meeting.

At least fourteen clear days notice shall be posted in a conspicuous place in the area of benefit and advertised in a newspaper circulating in the area of benefit, stating the wording of the proposed alteration.

No alteration should be made to this constitution which would cause the PSS to cease to be a charity at law. No alteration to Clause 1 (Name), Clause 2 (Objects), Clause 12 (Personal Interests), Clause 21 (Dissolution) or to this Clause shall take effect until the approval in writing of the Charity Commissioners or other authority having charitable jurisdiction shall have been obtained.

_________________________________________________________________________________

This Constitution was adopted at a General Meeting of the PSS held on ………….……………20…..

Signed

…………………………….……………………………             ……………………………….…………………………

Chair of the meeting                                                     Secretary of the meeting

* Inserthere the date on which the previous constitution was adopted.