1. Name
The name of the organisation shall be Aberdeen Action on Disability (hereinafter called “the Group”).
2. Objects
The object of the group is to promote the welfare of people with a disability in Aberdeen in a manner which is now or hereafter may be deemed by law to be charitable by
2.1 Enabling people with a disability to overcome discrimination in all aspects of life.
2.2 Acting as a focal point for consultation on issues of common concern.
2.3 Promoting or assisting in the promotion of a range of good locally based and integrated services.
2.4 Collaborating with the Voluntary, Statutory and Private Organisations engaged in the provision of services such as -care, treatment, social, leisure, housing, employment, advocacy and education.
2.5 Making available information, support and representation to, for and on behalf of people with a physical disability.
2.6 Creating, encouraging, fostering and maintaining the interest of the public, providing a link between Aberdeen Action on Disability and the community which it serves.
2.7 Appointing and managing staff to pursue any of the above aims.
2.8 Raising funds by grants, donations and from other charitable sources. All such funds to be applied solely towards the aims and objects of the Group.
2.9 All such other lawful and charitable things as are necessary for the attainment of the objects.
3. Membership
3.1 All persons interested in the welfare of people with a physical disability in the Aberdeen area, may become members of the Group if approved by the Group and on payment of any fee or subscription as determined by the Group.
3.2 Organisations with aims similar to those of the Group may also become members. Each member organisation shall appoint two individual persons to represent it in an ex-officio capacity, and each shall have a vote on its behalf at General Meetings of the Group. In the event of such individuals resigning or leaving the organisation they cease to representative thereof.
3.3 An individual or corporate body applying for membership shall submit an application form, signed by or on behalf of the applicant and (in the case of an individual nominated by an unincorporated body) signed on behalf of the nominating body. The Committee shall be entitled, at its discretion, to refuse to admit an applicant to Membership. If the decision of the Committee is to admit the individual or body to Membership the appropriate entry will be made in the Register of Members immediately following the Committee meeting at which that decision was made and the applicant will become a member of the Group.
3.4 The Committee shall have the right for good and sufficient reason to terminate the membership of any individual or organisation, provided that the individual member concerned or an individual representing such organisation (as the case may be) shall have the right to be heard by the Committee before a final decision is made.
4. Committee
4.1 The affairs of the Group shall be managed by a Committee appointed by the members of the Group. This Committee shall consist of at least 9 persons of which at least two thirds will themselves have a disability.
4.2 Nominations for membership of the Committee may be made by any member of the Group either in writing to the Secretary prior to the Annual General Meeting or verbally at the Annual General Meeting. Those who make a nomination will be expected to support it with relevant information about the nominee who must be a member of the Group and must be prepared to accept nomination.
4.3 In addition to the members so elected, the Committee may co-opt further members, who, after co-option shall serve until the next Annual General Meeting provided that the number of co-opted members shall not exceed one-third of the total membership of the Committee at the time of co-option. Co-opted members shall be entitled to vote at meetings of the Committee.
4.4 Members of the Committee shall hold office from the time of their appointment until they vacate office or are reappointed.
4.5 The Committee may fill casual vacancies from amongst ordinary members within the limit set by 4.1 above. Persons appointed in this way will retire at the next Annual General Meeting but will be eligible for election.
4.6 Any member of the Committee who fails without good cause or explanation to attend at least fifty per cent of meeting of the Committee will retire at the next Annual General Meeting and will not be eligible for re-election until the following Annual General Meeting.
4.7 Representatives of Statutory Authorities shall be advisors and should not exceed 20% of membership and shall not be eligible to vote.
5. Office-bearers
5.1 The Office-bearers of the Committee shall be Chairperson, Vice-chairperson, the Honorary Secretary, and the Honorary Treasurer. They will be appointed annually by the Committee and shall hold office from the date of their election to the date of the next Annual General Meeting, except that no person shall hold the office of Chairperson for more than three consecutive years. Such persons may not hold office for 1 year thereafter before being eligible for re-election.
5.2 The title of all property and investments shall be taken in the name of (or, in the case of investments, to the order of) the Office Bearers for the time being of the Group, ex officio as Trustees of the Group and any transaction with the property of the Group shall be by the authority of the Group and every deed to which the Group is a party shall be signed by the Treasurer for the time being and shall be countersigned by any other Office Bearer.
6. Sub-Committees
The Committee may from time to time appoint Sub-Committees as may be deemed necessary and may determine their terms of reference, powers, duration and composition, provided that no Sub-Committee may be given power to co-opt more than one fourth of its total membership. Office Bearers shall be ex-officio members of Sub-Committees.
7. Meetings
7.1 Members
An Annual General Meeting of the Group shall be held each year at such time (not being more than 15 months after the holding of the preceding Annual General Meeting) and place as the Group may determine provided that at least twenty-one clear days written notice of the meeting shall be sent to all members and an additional notice shall be published in the local press.
The Chairperson for the Annual General Meeting shall be the Chairperson or Vice-Chairperson of the Committee or, failing either of those, some member elected for the purpose by a simple majority of those members present.
At the Annual General Meeting the business transacted shall include:-
7.1.1 Consideration of reports on the Group’s activities, including a financial report. 7.1.2 The appointment of Committee Members. 7.2 The appointment of auditors
An Extra-ordinary General Meeting may be called by the Secretary on the instructions of the Chairperson or on the written request of at least three members stating clearly the purpose of the meeting. Upon receipt of such request, the Secretary shall then within 14 days, send notice to all members giving 21 days notification of such meetings.
7.3 Committee
The Committee shall meet as often as necessary to conduct the affairs of the Group, but not less than quarterly.
The Secretary may convene a special meeting of the Committee to take place within fourteen days of receiving a request from the Chairperson or any other 2 members of the Committee.
Seven days notice of such meetings will be given.
5 elected members shall constitute a quorum.
7.4 At all meetings, questions put to the vote shall be decided by a simple majority of those present and entitled to vote. Where the votes cast are tied the Chairperson shall have a casting vote.
7.5 The Committee shall ensure that Minutes are kept of all general meetings and of all meetings of the Committee and Sub-Committees, containing in each case, a note of those present, those attending and the Chair and a record of all proceedings, resolutions and decisions.
8. Finance
8.1 The Committee shall keep proper accounts of their transactions with the funds of the Group and any funds entrusted to their charge.
8.2 Operations on and confirmation of the bank accounts of the Group shall be by four persons authorised by the Committee, at least two of whom named shall be office-bearers. All cheques shall be signed by two persons, of which one shall be an office-bearer.
8.3 The Group’s financial year shall run from 1st April to 31st March. Once at least in every financial year the accounts of the Group shall be submitted for consideration at the Annual General Meeting.
8.4 The Group shall have power to obtain, collect and receive money and funds by means of contributions, donation, subscriptions, deeds of covenant, legacies, grants or any other lawful method and to accept and receive gifts of property of any description.
8.5 The income and property of the Group wheresoever derived shall be applied solely towards the promotion of the objects of the Group as set out in Clause 2 and no payment shall be made to any member or honorary officer except the repayment of out-of-pocket expenses.
9. Constitution
9.1 Every member of the Group has the right to receive a copy of The Constitution.
9.2 Any amendment of this Constitution shall receive the assent of not less than two-thirds of the members of the Group present and voting at a Meeting specially called for the purpose provided that notice of any such amendment shall have been received by the Secretary in writing not less than twenty-one clear days before the Meeting at which the amendment is to be voted on. Notice in writing of such a Meeting setting forth the terms of the amendment to be proposed, shall be sent by the Secretary to each member of the Group, provided that no amendment of Clause 2, Clause 10 or this Clause shall be made without prior consultation with the Inland Revenue.
The Group may at any time be dissolved by a Resolution Supported by not less than two-thirds of those present and voting at a meeting of the Group of which at least twenty-one clear days notice in writing shall have been sent to all members of the Group. Such Resolution may give instructions for the disposal of any assets held by or in the name of the Group provided that if any property remains after the satisfaction of all debts and liabilities, such as property shall not be paid to or distributed among the members of the Group but shall be given or transferred to another Charitable institution or institutions having similar objects to the Group, as the Group may decide.
This revised Constitution was formally adopted at an Annual General Meeting on Monday 21st June 1999.