Association of Therapeutic Communities
CONSTITUTION (1992)
As
amended, agreed and lodged with the Charity Commission
on 14th
September 1998 and 25th March 2005
Constitution:
1. Name
The name of the Association shall be "The Association of Therapeutic Communities" (hereinafter called "The Association").
2. Objects
(a) The object of the Association shall be to relieve persons suffering from disabling psychological disorders.
(b) In furtherance of the above object but not further or otherwise the Association may:
(i) Promote fuller knowledge of the causes of disabling psychological disorders and understanding of the ways in which such causes may be eliminated or reduced.
(ii) Promote the education, rehabilitation and integration of such persons as aforesaid within the community and promote and undertake research into the incidence and effect of disabling psychological disorders and the efficacy of the psychotherapeutic treatment thereof, provided that the useful results of any such research shall be disseminated for the benefit of the public.
(iii) Promote and provide education and training for those engaged in the treatment (whether psychotherapeutic or otherwise) and rehabilitation of persons suffering from disabling psychological disorders, working in either professional or voluntary settings and whether full or part-time, with a view to developing the practice of such treatment for the recipients of such treatment.
(iv) Advance the education of the public about the part that such treatment can play generally and in particular meet the needs of those members of society whose development and participation in society is impaired by disabling psychological disorders.
(v) Promote and organise co-operation in the achievement of the said object nationally, internationally and locally, and to that end bring together in conference representatives of Voluntary Agencies, Government Departments, Statutory Authorities and individuals engaged in the furtherance of the same.
(vi) Arrange and provide for or join in arranging and providing for the holding of exhibitions, meetings, lectures, seminars and training courses.
(vii) Collect and disseminate information on all matters affecting the above object and exchange such information with other bodies having similar objects whether in this country or overseas.
(viii) Undertake, execute, arrange or assist any charitable trusts which may lawfully be undertaken, executed, managed or assisted by the Association.
(ix) Procure to be written and print, publish, issue and circulate gratuitously or otherwise such papers, books, periodicals, pamphlets or other documents or films as shall further the above object.
(x) Purchase, take on lease or exchange, hire or otherwise acquire any property and any rights and privileges necessary for the promotion of the said object, and construct, maintain and alter any buildings or erections necessary for the work of the Association.
(xi) Sell, let, mortgage, dispose of or turn to account all or any of the property or assets of the Association.
(xii) Accept gifts and borrow or raise money for the object of the Association on such terms and on such security as shall be thought fit.
(xiii) Procure contributions to the Association by personal or written appeals, public meetings or otherwise.
(xiv) Invest the monies of the Association not immediately required for its object in or upon such investments, securities or property as may be thought fit, subject nevertheless to such conditions (if any) as may be for the time being be imposed or required by law.
(xv) Do all such other lawful things as are necessary for the attainment of the said object.
3. Membership
(a) Entitlement to Membership
Full membership of the Association shall be open to
(i) Individuals of 18 years and over who are interested in furthering the work of the Association and who have paid the annual subscription as laid down from time to time by the Executive Committee hereinafter mentioned, and
(ii) national, international and local voluntary or other non-profit distributing organisations, whether corporate or unincorporated, which are engaged or interested in furthering the said work and have paid the annual subscription as aforesaid.
(b) Organisational Membership: voting
Each member organisation shall appoint one individual person to represent it and vote on its behalf at General Meetings of the Association. Before any vote at a general meeting, the chair of the meeting must be informed of the name of the representative and the organisation. In the event of such individual person resigning or otherwise leaving an organisation he or she shall forthwith cease to be a representative thereof.
(c) Organisational Membership: representatives
Each member organisation may appoint
(i) a deputy to replace its appointed representative if the latter is unable to attend any particular meeting of the Association and
(ii) observers (who shall not be entitled to vote) to attend any such meetings
(d) Honorary Membership
Honorary members may be appointed at the discretion of the said Executive Committee. Honorary members shall not be entitled to vote.
(e) Control of Membership
The said Executive Committee shall have the right
(i) to approve or reject applications for membership, and
(ii) for good and sufficient reason to terminate the membership of any individual or organisation provided that the individual member concerned or the individual representing such organisation (as the case may be) shall have the right to be heard by the said Executive Committee before a final decision is made.
4. Honorary Officers
(a) Posts
At the Annual General Meeting hereinafter mentioned the Association shall elect a Chair, a Secretary, a Treasurer and such other honorary officers as the Association shall from time to time decide. Those elected in this way are Trustees of the Association for the tenure described below, unless they write to the Secretary or Chair to resign.
(b) Tenure of Chair, Secretary, Treasurer and Journal Editor
The Chair, Secretary and Treasurer shall hold office for a period of three years from the AGM at which they were elected. They are subsequently eligible for re-election for a further period of office at an Annual General Meeting up to a maximum of six years. Elections can be held at the AGM a year in advance in order to facilitate smooth transition of responsibilities. The Journal Editor shall be elected for a period of five years, after which he or she may be re-elected for all or part of a further five year period.
(c) Tenure of Other Officers
Other Officers (i.e. not Chair, Secretary, Treasurer or Journal Editor) elected at a General Meeting of the Association shall hold office for a period of two years. They are eligible for re-election for further periods of office at subsequent AGMs.
(d) Other Committee Members
Members of the Association able to help the function of the Officers can be invited to attend the executive committee meetings as "ex-officio" or "co-opted" members, but are not entitled to vote and are not Trustees of the Association. Such members would be expected to stand for election for officers' posts at an AGM within two years of their starting to attend committee meetings. The maximum number of such committee members shall be one half of the total number of Trustees.
(e) Auditors
The Association shall appoint an Independent Examiner of the accounts as set out in the guidelines of the Charities Acts 1992 and 1993, and may determine their remuneration.
5. Executive Committee
(a) Composition, Frequency and Quorum
Subject as hereinafter mentioned the policy and general management of the affairs of the Association shall be directed by an Executive Committee (hereinafter called "the Committee") which shall meet not less than four times a year and shall consist of not less than six Officers of the Association.
(b) Election
The members of the Committee shall be elected at the Annual General Meeting of the Association in accordance with Clause 7 hereof.
(c) Attendance at Committee Meetings
Any member of the Executive Committee failing to attend three consecutive meetings of the Committee shall be deemed to have resigned from the Committee unless there are reasons presented in advance.
(d) Procedural Irregularities
The proceedings of the Committee shall not be invalidated by any failure to elect or any defect in the election, appointment or qualification of any member.
(e) Remuneration of Employees
The Committee shall appoint and fix the remuneration of such employees as may in their opinion be necessary.
(f) Remuneration of Trustees
(i) Subject to sub-clauses (ii) and (iii) below, no trustee may receive remuneration for any service provided to the charity unless expressly authorised in writing in advance by the Charity Commission to do so.
(ii) The trustees may use the charity’s funds to meet any necessary and reasonable expenses which they incur in the course of carrying out their responsibilities as trustees.
(iii) Any trustee who possesses specialist skills and knowledge may make and be paid reasonable charges for specialist consultancy work undertaken by him or her when instructed by the other trustees to act on behalf of the charity, provided that:
(A) no other suitably experienced and qualified individual who is not a trustee can be identified to undertake the work; and
(B) at no time must a majority of the trustees benefit under this provision; and
(C) any trustee receiving, or who it is proposed should receive remuneration under this sub-clause must withdraw from any meeting of the trustees whilst the question of his or her appointment, remuneration or other terms of employment are being discussed.
(g) Sub-Committees
The Committee may appoint such special or standing committees as may be deemed necessary by the Committee and shall determine their terms of reference, powers, duration and composition. All acts and proceedings of such special and standing committees shall be reported back to the Committee as soon as possible.
6. Meetings of the Association
(a) Timing of and Notice for Annual General Meetings
The Annual General Meeting will be held in September of each year at such time (not being more than 15 months after the holding of the preceding Annual General Meeting) and place as the Committee shall determine. At least 21 clear days' notice shall be given in writing by the General Secretary to each member.
(b) Business of Annual General Meetings
At such Annual General Meeting the business shall include the election of Chair, Secretary and Treasurer; the election of other officers to serve on the Committee; the appointment of an auditor or auditors; the consideration of an annual report of the work done by or under the auspices of the Committee and of the audited accounts; and the transaction of such other matters as may from time to time be necessary.
(c) Special General Meetings
The Chairman of the Association may at any time at his or her discretion and the Secretary shall within 21 days of receiving a written request so to do signed by not less than twenty full members whether individual or representative and giving reasons for the request call a Special General Meeting of the Association.
7. Nominations of Honorary Officers and Committee Members
Nominations for Officers of the Committee must be made by full members of the Association in writing and must be in the hands of the General Secretary at least 28 days before the Annual General Meeting. Should the number of nominations exceed the number of vacancies determined by the executive committee, election shall be by ballot the arrangements for which shall be made by the Committee.
8. Bye-laws
The Committee may adopt and issue Bye Laws for the Association which shall be approved by a General Meeting of the Association and which shall not be inconsistent with the provisions of this Constitution.
9. Rules of Procedure at all Meetings
(a) Quorum
A quorum at a General Meeting of the Association shall be one quarter of the total membership, or 10 members, whatever is the smaller number or other such number as the Association in General Meeting may from time to time determine. A quorum at a meeting of the Executive Committee or of any committee appointed under clause 5(h) hereof shall be one quarter of the total membership of that committee or other such number as the Association's General Meeting may from time to time determine.
(b) Voting
Save as herein otherwise provided, all questions arising at any meeting shall be decided by a simple majority of those present and entitled to vote thereat. Arrangements for proxy voting may from time to time be made by the committee provided always provided that no such arrangements shall be made with regard to clauses 12 and 13 hereof. No person shall exercise more than one vote notwithstanding that he or she may have been appointed to represent two or more interests, but in case of an equality of votes the Chairman of the meeting shall have a second or casting vote.
(c) Records
Minute books shall be kept by the Committee and all other committees, and the appropriate secretary shall enter therein a record of all proceedings and resolutions.
10. Finance
(a) Expenditure
All monies raised by or on behalf of the Association shall be applied to further the purpose of the Association and not otherwise provided that nothing herein contained shall prevent the payment in good faith of reasonable and proper remuneration to any employee of the Association or the repayment of reasonable out-of-pocket expenses.
(b) Accounts
The Honorary Treasurer shall keep proper accounts of the finances of the Association.
(c) Inspection of Accounts
The accounts are examined to the Charity Commissioners' requirements.
(d) Submission of Inspected Accounts to Annual General Meeting
An audited statement of the accounts for the last financial year shall be submitted by the Committee to the Annual General Meeting as aforesaid.
(e) Banking Arrangements
A Bank account shall be opened in the name of the Association with such bank as the Executive Committee shall from time to time decide. The Committee shall authorise in writing the Treasurer, the Chair and the Administrator to sign cheques on behalf of the Association. All cheques must be signed by not less than two of the authorised signatories.
11. Trust Property
The title to all real or personal property which may be acquired by or on behalf of the Association shall be vested in a Corporation lawfully entitled to act as Custodian Trustee or in not less than two or not more than four individual persons (not being members of the Committee).
12. Alterations to the Constitution
Any alteration of this Constitution shall receive the assent of not less than two thirds of the full members of the Association (whether individual or representative in accordance with clause 3(a)) hereof present and voting at a meeting specially called for the purpose provided that notice of any such alteration shall have been received by the General Secretary in writing not less than 21 clear days before the meeting at which the alteration is to be brought forward. At least 14 clear days' notice in writing of such a meeting setting forth the terms of the alteration to be proposed shall be sent by the General Secretary to each member of the Association provided that no alteration shall be made which would have the effect of causing the Association to cease to be a Charity at Law.
13. Dissolution
If the Committee by a simple majority decide at any time that on the ground of expense or otherwise it is necessary or advisable to dissolve the Association, it shall call a meeting of all members of the Association who have the power to vote of which meeting not less than 21 days' notice (stating the terms of the Resolution proposed thereat) shall be given. If such decision shall be confirmed by a simple two thirds majority of those present and voting at such meeting the Committee shall have power to dispose of any assets held by or on behalf of the Association. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of the Association as the Committee may determine.
14. Notices
Any notice may be served by the General Secretary on any member either personally or on its appointed representative as the case may be or by sending it through the post in a prepaid letter addressed to such member at his or her or its last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within 10 days of posting.
15. Interpretation
For the interpretation of this Constitution, the Interpretation Act, 1978, shall apply as it applies to the interpretation of an Act of Parliament.
PLANNED ENVIRONMENT THERAPY TRUST |
ATC HOMEPAGE
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CHARTERHOUSE GROUP OF THERAPEUTIC COMMUNITIES |
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