Part I. Trusts
1. Preliminary
2. Objects of a Trust
3. Acceptance and Creation of Trusts
4. Administration of Trust Property
5. Expenses of Creation and
Administration of Trusts
6. Insurance
7. Custody of Documents
8. National Panel of Trustees and Wardens
9. Qualifications for Trustees and Wardens
10. Appointment of Trustees and Wardens
11. Duties of Trustees or Wardens
12. Trusts for Kindred Bodies and Associated
Bodies
13. Trusts for District Councils and other
Subsidiary Organs of the Union
14. General
Part II. Wardens for Churches not in Trust with the Union
15. Preliminary
16. Appointment of Wardens
17. Duties of Wardens
Part III. General
18. Interpretation
PART I. TRUSTS
1. Preliminary
(1) The provisions of these Bye-laws as to the
constitution of trusts and the appointment, powers and duties of
trustees and wardens are subject and supplementary to the provisions of
the Articles of Association of the Union.
(2) These Bye-laws apply to:-
(a) trusts of which the Union is sole trustee;
and
(b) trusts of which the Union is a trustee,
jointly with one or more individuals or corporations; and
(c) trusts for which the Union has the right or
duty to appoint all or any of the trustees; and
(d) trusts for which the instrument, or one of
the instruments, constituting the trust declares that the provisions of
the Union's Articles of Association shall have effect for any of the
purposes of the trust, either as to the appointment or qualifications of
new trustees or otherwise, or makes reference to the Union in any manner
as affecting the administration of the trust, other than as an ultimate
beneficiary in the event of the failure of the primary objects of the
trust.
(3) These Bye-laws shall take effect subject to
the express provisions of the instrument, or instruments, constituting
the trust.
2. Objects of a Trust
A trust may be accepted or created for:-
(a) a Church or Kindred Body affiliated to the
Union or an Associated Body;
(b) a district council or other subsidiary organ
of the Union, or any fund controlled or administered by the Union or a
committee or subsidiary organ of the Union;
(c) any organisation or fund whose objects are
the same as or mainly similar to any or all of those set forth in the
Memorandum of Association of the Union;
(d) any gift, donation, legacy or bequest wholly
or partly for all or any of the said objects.
Provided always that the Union may not accept or create a trust for
purposes which are not connected with the advancement of Spiritualism.
3. Acceptance and Creation of Trusts
(1) Trust funds of small amount or of short
duration may be accepted or created by resolution, duly minuted, of the
National Executive Committee, stating concisely the purpose to which the
trust funds may be devoted.
(2) The acceptance or creation of any other
trust by the Union shall be evidenced by a trust instrument under the
seal of the Union. If the Union is not itself a trustee, the Union
may be a party to the trust instrument as approving the trust.
(3) In the case of a trust for a Church in the
form of the Union's Model Trust Deed, with such modifications (if any)
as may be rendered necessary by the circumstances, the seal of the Union
may be affixed to the trust instrument by authority of a resolution of
the National Executive Committee or by authority of the Officers of the
Union.
(4) Every trust instrument under seal relating
to property in England and Wales or governed by English law shall be
enrolled with the Charity Commissioners.
4. Administration of Trust Property
(1) Except where otherwise provided expressly by
the trust instrument, the administration of all trusts shall be the
responsibility of the National Executive Committee.
(2) Where any nomination or appointment of new
trustees of any existing trust is required to be made by or by consent
of the Union, the seal of the Union may be affixed by authority of a
resolution of the National Executive Committee or by authority of the
Officers of the Union.
(3) No legal instruments or other documents
relating to trusts in which these Bye-laws apply shall be executed by
trustees for or appointed by the Union except on the written
instructions or by written consent of the Union.
(4) In the case of those trusts for which it is
itself a trustee, the Union may appoint wardens to act for it in
connection with the trust property in the manner hereinafter provided.
Authority may be delegated to such wardens to sign on behalf of the
Union documents relating to the trust, including agreements with the
Spiritualists' National Union SNU Trust and applications to public
authorities for licences, consents, etc.
(5) Trustees and wardens appointed by the Union
shall be indemnified by the Union in respect of all claims which may be
made against them in consequence of action taken on the written
instructions or by written consent of the Union.
5. Expenses of Creation and
Administration of Trusts
(1) All expenses properly incurred in connection
with a trust shall be a charge on the trust property.
(2) In the case of a trust for a Church the
Union may call upon the Church to defray such expenses in order that the
trust property may remain intact and free from incumbrances.
(3) Such expenses shall include:-
(a) all legal charges, whether incurred in
connection with the establishment of the trust, the appointment or
re-appointment of trustees, the sale, purchase or other disposition of
property, or incurred in contemplation or furtherance of legal
proceedings relating to the trust (including, but without prejudice to
the generality of the above, proceedings arising out of contracts for
the construction, improvement, alteration, maintenance or repair (or
other building work, including demolition) of the trust property), or
otherwise;
(b) the cost of insuring the trust property;
(c) other disbursements;
(d) contributions towards the overhead expenses
of the Union in the administration of trusts on such basis as may be
determined by the National Executive Committee to be appropriate to the
type of trust in question.
6. Insurance
(1) All real property shall be and continue to
be fully insured against fire, public liability and such other risks as
the National Executive Committee may determine.
(2) Any insurance policy in respect of real
property shall have the Trustees of the property as the insured party.
(3) Unless otherwise agreed by the National
Executive Committee, such insurance shall be effected through the agency
of the General Secretary of the Union.
(4) In the case of a trust for a Church, the
responsibility for effecting insurance shall rest with the Committee of
the Church. In case of default by such committee the Trustees or
the Union may effect such insurance and charge the premiums and other
expenses to the Church but shall incur no liability for any loss arising
from failure to do so.
(5) Income arising from any insurance claim
shall be vested in the trustees in the first instance to hold upon trust
for the Church to discharge thereout all outstanding liabilities of the
Church in respect of such claim.
7. Custody of Documents
(1) The Union shall have custody of all title
deeds and trust instruments except where the conditions of the trust or
other legal requirements make it necessary for such documents to be in
other custody.
(2) In the case of a trust for a Church, the
Officers of the Church shall be entitled to inspect such documents on
giving reasonable notice to the General Secretary of the Union, and
shall be provided with a certified true copy of any such document on
giving an undertaking to defray the expenses incurred thereby.
8. National Panel of Trustees and
Wardens
(1) The Union shall prepare, and shall amend
from time to time, a National Panel of Trustees and Wardens (hereafter
known as the National Panel), consisting of persons who are prepared and
qualified to act as trustees and/or wardens on behalf of the Union.
(2) A person shall be eligible for appointment
to the National Panel if he is and has been for a consecutive period of
five years a full member of a Church affiliated to the Union and is
either:-
(a) a Class B member with qualifications deemed
to be appropriate by the National Executive Committee; or
(b) a Class B member who has been such for not
less than five years.
(3) It shall be a condition of appointment to
the National Panel that the person shall sign a declaration that he will
carry out the duties and obligations as provided under paragraph 12 of
these Bye-laws.
(4) The National Executive Committee shall have
the power to revoke the appointment of a member of the National Panel
and shall not be obliged to state its reasons for doing so.
9. Qualifications for Trustees and
Wardens
(1) A person shall be eligible for appointment
as a national trustee or warden of a Church if at the date of his
appointment:-
(a) he is not a member of the Church concerned;
(b) he is, in the opinion of the National
Executive Committee, capable of carrying out the duties of the office;
(c) in the case of appointment as trustee, he is
not over the age of sixty-five at the time of his appointment;
(d) he is not disqualified under sub-paragraph
(3); and
(e) in the case of an appointment as warden, he
holds not more than five other national wardenships.
(2) A person shall be eligible for appointment
as a local trustee or warden of a Church if at the date of his
appointment:-
(a) he is:-
(i) a full member of the Church concerned
and has been such for a consecutive period of not less than three years;
or
(ii) a full member of the Church concerned and
has been such for a consecutive period of not less than twelve months
and is a Class B member; or
(iii) a full member of the Church concerned and has
been a full member of an affiliated Church for not less than three
years, which may be aggregated.
(b) he is, in the opinion of the National
Executive Committee, capable of carrying out the duties of the office;
(c) in the case of appointment as trustee, he is
not over the age of sixty-five at the time of his appointment; and
(d) he is not disqualified under sub-paragraph
(3).
(3) The appointment and office of a trustee or
warden shall ipso facto be terminated on any of the following events,
that is to say:-
(a) death;
(b) becoming bankrupt or having a receiving
order made against him;
(c) being convicted of felony;
(d) becoming of unsound mind;
(e) the expiration (where, in the case of a
trustee, there will remain not less than two continuing trustees, or a
trust corporation, able and willing to act) of two months' written
notice to the General Secretary of the Union of his (the trustee's or
warden's) intention to retire his office;
(f) losing the qualifications which entitled him
to be appointed;
(g) the passing of a resolution by the National
Executive Committee removing him from office. Such resolution
shall be effective only if the person concerned has been given:-
(i) not less than fifteen working days'
notice of the date, time and place of the meeting of the National
Executive Committee at which the resolution is to be put and of the
grounds therefor, together with reasons and supporting evidence;
(ii) the opportunity to make written
representations thereon within that period; and
(iii) the opportunity to make oral representations
thereon at such meeting of the National Executive Committee.
(4) A trustee whose office has been terminated
as aforesaid shall at the request of the Union take whatever action may
be necessary for vesting the trust property in the continuing trustees
and his duly appointed successor, if any.
10. Appointment of Trustees and Wardens
(1) Except as provided in paragraphs (2) and (3)
below, the trustees of a Church shall consist of equal numbers (being
not less than two nor more than four of each kind) of:-
(a) "national trustees", being persons selected
from the National Panel of Trustees;
(b) "local trustees", being qualified persons
selected from among the full members of the Church.
(2) In the case of trusts of which the Union is
a trustee jointly with one or more individuals or corporations two
wardens shall be appointed to act for the Union, of which one shall be a
national warden, appointed by the appropriate district council from the
National Panel, and the other a local warden, being a qualified person
selected from among the full members of the Church, appointed by the
Union.
(3) In the case of trusts of which the Union is
Sole Trustee two wardens shall be appointed to act for the Union, of
which one shall be a national warden, appointed by the appropriate
district council from the National Panel, and the other a local warden,
being a qualified person selected from among the full members of the
Church, appointed by the Union.
(4) (a) The appointment
of wardens from the National Panel shall be made by the Union.
(b) The appointment of trustees or local wardens
shall be made by the Union after consultation with the Church, and any
qualified persons duly nominated by the Church shall be appointed by the
Union unless in the opinion of the National Executive Committee there is
good reason to reject any such nomination, in which event the Church
shall be asked to make further nominations.
(5) (a) When a vacancy
occurs for the national warden of a Church, the appropriate district
council shall as soon as possible fill the vacancy.
(b) When a vacancy occurs among the trustees or
for the local warden of a Church, the Church in general meeting shall as
soon as possible make a nomination to fill the vacancy.
(6) If there shall be any unreasonable delay on
the part of the Church in making nominations for trustees or local
wardens, the appointments may be made by the Union without such
nominations.
11. Duties of Trustees or Wardens
(1) It shall be the duty of trustees and wardens
to maintain regular contact with the Church and to satisfy themselves
that the terms of the trust are being carried out.
(2) Trustees and wardens are expected to give
advice to the Church on matters relating to the trust, but it is no part
of their duty to interfere with the proper administration of Church
activities, which is the primary responsibility of the members of the
Church acting through their elected Committee.
(3) Trustees and wardens shall be notified of
all general meetings of the Church and shall have the right to attend
and speak at such meetings. They shall not be entitled to attend
ordinary meetings of the Church Committee, unless the Rules of the
Church so provide or unless specially invited, but they shall be
consulted by the Church Committee before any decision concerning the
trust property is reached.
(4) At the request of any trustee or warden a
joint meeting of the Church Committee and the trustees or wardens shall
be held to consider any matter connected with the trust or the trust
property.
(5) At the request of the Union a special
meeting of the Church shall be convened to consider any matter connected
with the trust or the trust property and in default thereof such a
meeting may be convened by authority of the Union in such manner as the
National Executive Committee considers appropriate in the circumstances.
(6) At the beginning of each calendar year the
trustees or wardens of all trusts of which the Union is sole trustee
shall make a report to the Union on the prescribed form on the affairs
of the trust for information purposes.
(7) The trustees or wardens shall also report to
the Union from time to time on any matter of immediate importance which
they consider may affect the Union's liability, and in particular:-
(a) any proposals for major redecoration of the
property or for alterations or extensive repairs thereto, whether
structural or otherwise;
(b) any circumstances which are likely to give
rise to claims on the trust by third parties;
(c) any proposals for expenditure exceeding
£4,000 (excluding VAT) in any one scheme or series of schemes;
(d) where the Church has an advance from the SNU
Trust or the property is subject to a mortgage of any kind, any
proposals for expenditure exceeding £2,000 in any one scheme or series
of schemes.
12. Trusts for Kindred Bodies and Associated
Bodies
The provisions of these Bye-laws relating to trusts for Churches shall
apply as far as may be to trusts for Kindred Bodies and Associated
Bodies.
13. Trusts for District Councils and other
Subsidiary Organs of the Union
The provisions of these Bye-laws relating to trusts for Churches shall
apply as far as may be to trusts for District Councils and other
subsidiary organs of the Union; the Union shall be sole trustee of such
trusts, and the Executive Committee for the time being of the District
Council or other organs shall have the duties and functions of wardens.
14. General
The National Executive Committee shall have power to modify all or any
of the foregoing provisions of these Bye-laws in relation to any
particular trust if in its opinion there are special circumstances
rendering such modification necessary or expedient.
PART II. GENERAL
15. Interpretation
In these Bye-laws:-
(1) The term 'restricted body' means any
religious organisation which:-
(a) incorporates within its title, principles or
statement of beliefs any reference to the principles, beliefs, religious
leader, symbols, trappings or practices of any other religion or
religious denomination; or
(b) introduces, includes, utilises or otherwise
promulgates any symbols, trappings or practices of any other religion or
religious denomination; or
(c) permits a body which falls within (a) or (b)
above to be accepted into affiliation with, or membership of, such
organisation.
(2) The term 'member' in relation to a
restricted body shall include a person who regularly attends its
services for the purpose of pursuing its beliefs.
(3) The term 'Church' means an affiliated or
associated body.
(4) The term 'Class A Member' means a Church
delegate, being an accredited representative of a Church.
(5) The term 'Class B Member' means a
subscribing member, being an individual Spiritualist. Except where
the context indicates otherwise the term shall refer to a person
accepted into full membership.
(6) The term 'Class C Member' means a Kindred
Body delegate, being an accredited representative of a Kindred Body.