Constitution
THE CONSTITUTION OF THE WEST CUMBRIA U3A
The West Cumbria U3A is a member of the Third Age Trust as an unincorporated
association.
This constitution is based on a model, reference MT-25/4/135 - RCS (Ldn), approved by
the Charities Commission for use by U3As applying for registered charity status.
This Constitution was adopted by the membership at the AGM held on 20 th March 2024.
This Constitution is due for review every two years.
Signed: Chairperson Kevan Baker
Date of Certification 20th March 2024
1. NAME
The name shall be the WEST CUMBRIA U3A, in this constitution called "The U3A".
2. OBJECTS & POWERS
2.1 OBJECTS
The Objects of the U3A are:
(i) to advance the education of the public and in particular the education of middle aged
and older people who are not in full time gainful employment in West Cumbria and its
surrounding locality.
(ii) the provision of facilities for leisure time and recreational activities with the object of
improving the conditions of life for the above persons in the interest of their social welfare.
2.2 POWERS
(i) In furtherance of the above the U3A may purchase, take on lease or in exchange hire
and otherwise acquire and sell or dispose of real or personal property and any rights and
privileges which the U3A may think necessary for the promotion of the objects, subject to
such consents as may be required by law.
(II) Publish books, pamphlets, reports, leaflets, journals, films, videos and instructional
matter.
(iii) Found and carry on schools and training courses and run lectures, seminars,
conferences and courses.
(iv) Encourage and assist in the formation and operation of area and regional groupings of
other U3As.
(v) Receive donations, endowments, sponsorship fees, subscriptions and legacies from
persons desiring to promote the Objects of the U3A or any of them and to hold funds in
trust for the same.
(vi) Do all such other lawful things as may be necessary for the attainment of the above
Objects or any of them.
3. MEMBERSHIP
3.1. All persons interested in supporting the Objects of The Third Age Trust shall be
admitted to membership at the approval of the Committee and upon payment of the annual
subscription as determined by either the Committee or the membership at the Annual
General Meeting provided that they agree to abide by this constitution and any conditions
properly imposed by the Committee.
3.2 The Committee may terminate membership of any member if:
(i) there is any money owed to the U3A in respect of membership or other fees after a time
lapse of three (3) months following the due date.
(iii) that member acts in a way which is prejudicial to the U3A or brings it into disrepute;
PROVIDED THAT the individual concerned shall have the right to be heard by the
Committee before a final decision is made.
4. MANAGEMENT
The management of the U3A shall be vested in a Committee consisting of the members
whose duty it shall be to carry out its general policy and to provide for the administration,
management and control of the affairs and property of the U3A.
All Committee members are Trustees of the Charity.
4.1
(i) The Committee shall consist of at least five and not more than ten members (excluding
those who are co-opted) including the principal officers (Chairman, Vice-Chairman,
Secretary and Treasurer). The principal officers shall be appointed by the Committee at
the first meeting following the AGM.
(ii) Not more than two (2) ordinary members may be co-opted to the Committee: they shall
have full voting rights and their term of office shall expire at the next following Annual
General Meeting.
(iii) Persons who need not be members may be invited by the Committee to serve because
of their special expertise: they shall not have voting rights and their term of service shall
expire at the next following Annual General Meeting.
4.2 The election of members of the Committee shall be held at the Annual General
Meeting of the U3A.
(i) Nominations to the Committee duly agreed by the nominee shall be proposed and
seconded and delivered in writing to the Secretary at a date specified by the Committee.
(ii) The newly elected Committee shall take office at the conclusion of the Annual General
Meeting.
(iii) There shall be no less than four (4) Committee meetings a year.
(iv) All Committee members shall be eligible to serve for a period of three (3) years, with
the option of a two year (2) extension with the agreement of members at the AGM.
Retiring members may apply for re-election after an intervening period of at least one (1)
year.
(v) Committee members may resign office by giving not less than twenty-one (21) days
notice in writing to the Secretary or the Chairman. The Committee has power to fill casual
vacancies from the membership. Such an appointee shall complete the term of service of
the member he or she is replacing.
(vi) At Committee meetings matters shall be decided by a simple majority of votes of
Committee members present. In the case of an equality of votes the Chairman shall have
a second or casting vote.
(vii) The quorum for any Committee meeting shall be three (3) or one third of the
Committee whichever is the greater.
4.3 Special Committee meetings may be called at any time by the Chairman or by any two
(2) members of the Committee upon seven (7) clear days notice being given to all the
Committee members of all the matters to be discussed.
4.4 The Committee may appoint sub-committees to which it may from time to time, and for
such time as it determines, delegate the transaction of such matters and the performance
of such acts as it thinks fit and the Committee shall exercise supervision over the
proceedings and acts of such sub-committees. Sub-committees shall report back to the
Committee as soon as possible on actions taken under delegated powers.
4.5. The proceedings of the Committee shall not be invalidated by any defect in the
appointment, election or co-option of any member of any committee or sub-committee.
4.6 The Secretary shall ensure that minutes are kept of all sub-committee, Committee, and
General Meetings.
4.7 Disqualification and removal of Committee members /Trustees
A trustee shall cease to hold office if he or she:
(i) is disqualified from acting as a trustee by virtue of sections 178 and 179 of the Charities
Act 2011 (or any statutory re-enactment or modification of that provision);
(ii) ceases to be a member of the charity;
(iii) in the written opinion, given to the charity, of a registered medical practitioner treating
that person, has become physically or mentally incapable of acting as a trustee and may
remain so for more than three months;
(iv) resigns as a trustee by notice to the charity (but only if at least two trustees will remain
in office when the notice of resignation is to take effect); or
(v) is absent without the permission of the trustees from all their meetings held within a
period of six consecutive months and the trustees resolve that his or her office be vacated.
5. ANNUAL AND SPECIAL GENERAL MEETINGS
5.1 The Annual General Meeting shall be held once in each year and not later than 15
months after the preceding Annual General Meeting. At least 21 days' notice shall be
given in writing to all members. A quorum shall be 20% of the paid-up members. The
business of the Annual General Meeting shall include:-
(i) Receiving and approving the Annual Report.
(ii) Receiving and approving the examined accounts.
(iii) Electing members of the Committee.
(iv) Appointing an examiner for the accounts.
(v) Considering proposals to alter the constitution subject to the requirements of Clause 9.
(vi) Considering any other business which has been published in the Agenda.
5.2 A special General Meeting of the U3A may be convened at any time by a resolution of
the Committee or upon a requisition signed by one-fifth or more of the members stating the
object of the meeting. A meeting held on such a requisition shall be called by the Secretary
of the U3A giving the other members 14 days notice of such a meeting. There shall be a
quorum when 20% of members are present.
5.3 The Chairman of the U3A shall be the Chairman of any Committee or General Meeting
at which he/she is present. In his/her absence the members shall elect a Chairman for the
meeting. The Chairman of the meeting shall have a casting vote.
5.4 Accidental omission to give notice to any member shall not invalidate the proceedings
of any General Meeting.
6. FINANCE
6.1 All the income and property of the U3A shall be applied solely towards the Objects of
the said U3A and none of it shall be paid or transferred in any way to its Committee
members provided that nothing herein shall prevent the payment in good faith of
reasonable and proper remuneration to any officer or servant of the said U3A (other than a
Committee member) and repayment of reasonable and proper out-of-pocket expenses to
members or Committee members incurred in the course of the work of the U3A.
A bank or building society account shall be opened in the name of the U3A and
withdrawals shall be made on the signature of two members, one of whom must be a
principal officer.
6.2 The U3A shall have power to collect and accept donations and to issue appeals for
donations and to raise money by bequest and otherwise. Any money raised and received
may be retained by the U3A and be used at the discretion of the Committee. No form of
permanent trading shall be undertaken in the raising of funds.
6.3 The financial year of the U3A shall end on 31" December in each year.
An Annual General Meeting shall be convened for the purpose of receiving the Annual
Report and examined Accounts.
6.4 The Committee may appoint employees either permanently or on a fixed term contract,
who are not members of the Committee, as may from time to time be necessary for
carrying out the work of the U3A and may fix their terms and conditions of employment.
For purposes of employment law, the Committee shall be the employer.
6.5 All proper costs, charges and expenses incidental to the management of the U3A and
membership of the Third Age Trust may be defrayed from the funds of the U3A.
6.6 The Treasurer shall keep accounts of all the monies received and expended on behalf
of the U3A and shall prepare and publish such accounts duly examined at the Annual
General Meeting. All monetary transactions shall be made through properly authorised
accounts in accordance with the directives of the Committee.
6.7 No Committee member shall be chargeable or responsible for loss caused by any
thing or act done or omitted to be done by him/her or any agent employed by him/her or by
any other Committee member, provided reasonable supervision be exercised over any
such agent, or by reason of any mistake or omission made in good faith by any Committee
member or by reason of any other matter or thing other than wilful and individual fraud or
wrongdoing or wrongful omission on the part of the Committee member who is sought to
be made liable.
7. PROPERTY
Any property of the West Cumbria U3A shall be vested in Trustees appointed for this
purpose or where the appointment of Trustees is not appropriate shall be deemed to be
held jointly by all members of the Committee.
8. POWERS OF THE COMMITTEE
All matters not provided for in this constitution relating to the U3A and not involving an
amendment to this constitution shall be dealt with by the Committee.
9. ALTERATION TO THE CONSTITUTION
The provisions of this constitution other than Clause 2 & 10 and this clause may be
amended with the assent of not less than two-thirds of the members of the U3A present
and voting at a General Meeting of the U3A. 21 clear days notice shall be given to the
members stating the intention to put forward such a resolution. (No amendment shall be
made which would cause the U3A to cease to be a charity.)
10. DISSOLUTION
The U3A may at any time be dissolved by a resolution passed by a three-quarters majority
of those present and voting at any meeting of the said U3A of which at least twenty-one
(21) clear days’ notice stating the intention to put forward such a resolution shall have
been sent to all members of the U3A. If any assets remain after the satisfaction of all debts
and other liabilities, such assets held by or in the name of the U3A shall be transferred to
The Third Age Trust Registered Charity No. 288007.