|
The
Deeds
CHARITY
COMMISSION
In
the matter of the following charities, in the Ancient Parish of Leven, in
the
County
of
Humberside
| 1. |
The
Charity called the Wray Foundation, founded by conveyance dated
10th August
1868
and comprised in a
Scheme made by the Board of Education on
the 31st
January 1911
|
| 2. |
The
Charity consisting of certain Trust Property administered in
connexion therewith, comprised in a conveyance dated
11th October
1873 |
and In
the matter of the Charities Act 1960.
The
Charity Commissioners for
England
and
Wales
hereby order that the
following scheme be approved and established as the scheme for the
regulation of the above mentioned charities;
SCHEME
1 Administration of
Charities
The
above mentioned Charities and the property thereof specified in the
schedule hereto and all other the property (if any) of the Charities shall
be administered and managed together as one charity under the title of the
Wray Educational Trust (hereinafter referred to as the Charity) subject to
and in conformity with the provisions of this scheme by the body of
Trustees hereinafter constituted.
2 Vesting
The
land specified in the said schedule and belonging to the Charity numbered
1 above is hereby vested in the official Custodian for Charities for all
the estate and interest therein belonging to or held in trust for that
Charity.
3 Investment of Cash
Sums
of cash now or at any time belonging to the Charity and not needed for
immediate working purposes shall be invested in the name of the said
Official Custodian unless the Charity Commissioners otherwise direct.
TRUSTEES
4 Trustees
The
body of Trustees shall consist when complete of seven competent persons
being Four Ex-Officio Trustees, and Three Co-optative Trustees
5 Ex-Officio Trustees
The
Ex-Officio Trustees shall be
| · |
The
Rector for the time being of the Eccliastical Parish of Holy
Trinity, Leven with St. Michael, Catwick |
| · |
The
Rector’s Warden for the time being of the said eccliastical
parish; |
| · |
The
Chairman for the time being of the Parish council of Leven, and |
| · |
The
Chairman for the time being of the Managers of Leven Church of
England School. |
6 Co-opted Trustees
The
Co-optative Trustees shall be persons who through residence, occupation or
employment, or otherwise have special knowledge of the area of the Ancient
Parish of Leven.
7 First Co-opted Trustees
The
following persons shall be the first Co-opted Trustees and subject to the
provisions hereinafter contained for determination of trusteeship shall be
entitled to hold office for the following periods respectively:
| · |
Philip
Theasby, of
19 Westland Way
, Leven, Retired
Headmaster for five years from the date of this scheme |
| · |
Elizabeth
Lillian Earnshaw, of 11 Barley Gate, Leven, Retired School Teacher,
for three years from the said date |
| · |
William
Kilvington, of
7 North Street
, Leven, Builder, for
one year from the said date. |
8 Future Co-ed Trustees
Every
future Co-opted Trustee shall be appointed for a term of five years by a
resolution of the Trustees passed at a special meeting of which not less
than 21 days’ notice has been given and may be so appointed not more
than one month before the term of an existing Co-opted Trustee expires
with effect from the date of expiry but so that the latter shall not vote
on the matter.
9 Declaration by Trustees
No
person shall be entitled to act as a trustee whether on a first or any
subsequent entry into office until after signing in the minute book of the
Trustees a declaration of acceptance and of willingness to act in the
trusts of the Charity.
10. Determination of
Trusteeship
Any
Co-opted Trustee who is absent from all meetings of the Trustees during a
period of one year and any Trustee who is adjudged bankrupt or makes a
composition or arrangement with his or her creditors or who is
incapacitated from acting or who communicates in writing to the Trustees a
wish to resign shall cease thereupon to be a Trustee.
11 Vacancies
Upon
the occurrence of a vacancy the Trustees shall cause a note thereof to be
entered in their minute book at their next meeting any competent Trustee
may be re-appointed.
MEETINGS
AND PROCEEDINGS OF TRUSTEES
12 Ordinary meetings
The
Trustees shall hold at least two ordinary meetings in each year.
13. First Meeting
The
first meeting of the Trustees shall be summoned by the said rector or if
he fails for three calendar months after the date of this Scheme to summon
a meeting by any two of the Trustees.
14 Chairman
The
trustees at their first ordinary meeting in each year shall elect one of
their number to be chairman of their meetings until the commencement of
the first ordinary meeting in the following year. The chairman shall
always be eligible for re-election. If at any meeting the chairman is not
present within ten minutes after the time appointed for holding the same
or there is no chairman the Trustees present shall choose one of their
number to be chairman of the meeting.
15 Special meetings
A
special meeting may be summoned at any time by the chairman or any two
Trustees upon not less than four days’ notice being given to the other
Trustees of the matters to be discussed, but if the matters include an
appointment of a Co-optative Trustee then upon not less than 21 days’
notice being so given. A special meeting may be summoned to take place
immediately after an ordinary meeting.
16 Quorum
There
shall be a quorum when three Trustees are present at a meeting.
17 Voting
Every
matter shall be determined by the majority of votes of the Trustees
present and voting on the question. In case of equality of votes the
chairman of the meeting shall have a casting vote whether he has or has
not voted previously on the same question but no Trustee in any other
circumstances shall give more than one vote.
18 Minutes and accounts
A
minute book and books of account shall be provided and kept by the
Trustees. Statements of account in relation to the Charity shall be
prepared and transmitted to the Commissioners in accordance with the
provisions of the Charities Act, 1960, except if and in so far as the
Charity is exempted by order or regulations.
19 General power to make
regulations
Within
the limits prescribed by this scheme the Trustees shall have full power
from time to time to make regulations for the management of the Charity
and for the conduct of their business including the summoning of meetings,
the deposit of money at a proper bank and the custody of documents.
20 Clerk
The
Trustees may appoint as clerk one of their number without remuneration who
shall be dismissible at their pleasure or some other fit person at such
reasonable salary and upon such reasonable terms as to notice within the
limits permitted by law and otherwise as they think fit.
CHARITY
SCHOOL
21 Charity School
The
land with the buildings thereon specified in the said schedule shall
continue to be appropriated and used as a voluntary controlled school
conducted in accordance with the principles and practice of the Church of
England.
APPLICATION
OF INCOME
22
Expenses of management
The
trustees shall first defray out of the yearly income of the Charity all
the proper costs, charges and expenses of and incidental to the
administration and management of the Charity.
23
Application of income
Subject
to payment of the expenses aforesaid the Trustees shall apply the yearly
income of the Charity as follows:
| (1) |
As
to a sum not exceeding one tenth of such income in promoting
religious education in accordance with the doctrines and principles
of the Church of England in the area of the Ancient parish of Leven
by means of a Sunday School or otherwise; |
|
| (2) |
As
to such sum as the Trustees think fit in providing after
consultation with the School Managers special benefits of any kind
not normally provided by the local education authority for the Leven
Church of England School; |
|
| (3) |
As
to the residue of such income, in promoting in one or more of the
following ways the education of persons under 25 years of age who
are in need of financial assistance and who have been resident in
the area of the Ancient Parish of Leven for at least three years
next preceding the grant of benefit; |
|
|
(a) |
In
awarding to such persons exhibitions, tenable at any secondary
school, college of education, university or other institution of
further (including professional and technical) education, approved
by the Trustees |
|
|
(b) |
In
providing financial assistance, outfits, clothing, tools,
instruments or books to enable such persons on leaving school,
university or any other educational establishment, to prepare for,
or to assist their entry into, a profession, trade or calling; |
|
|
(c) |
In
awarding bursaries or maintenance allowances to enable such persons
to travel, whether in this country or abroad, to pursue their
education; |
|
|
(d) |
In
providing financial assistance to enable such persons to study music
or other arts at institutions approved by the Trustees; and |
|
|
(e) |
In
otherwise promoting the education, including social and physical
training, of such persons. |
|
| (4) |
Within
the limits prescribed by the scheme, the Trustees shall have full
power to make rules for the award of exhibitions, bursaries or
maintenance allowances or other benefits, including rules as to the
value and period of tenure of the awards, and the qualifications,
and method of ascertainment and selection, of beneficiaries; |
|
| (5) |
The
Trustees may consult the local education authority as to their
general action under this clause and, if occasion requires, as to
the educational qualifications of candidates for benefit. |
GENERAL
PROVISIONS
24
Appropriation of benefits
The
appropriation of the benefits of the Charity shall be made by the trustees
at meetings of their body and not separately by any individual Trustee or
Trustees.
25
Trustees not to be personally interested
No
Trustee shall receive remuneration, or be interested in the supply of work
or goods, at the cost of the Charity.
26
Charity not to relieve public funds
The
Trustees shall not apply income of the Charity directly in relief of
rates, taxes or other public funds but may apply income in supplementing
relief or assistance provided out of public funds.
27
Questions under Scheme
Any
questions as to the construction of this scheme or as to the regularity or
the validity of any acts done or about to be done under this scheme shall
be determined by the Commissioners upon such application made to them for
the purpose as they think sufficient.
SCHEDULE
Charity
numbered 1 above
Land
containing 2,420 square yards or thereabouts situate at Leven in the
County of Humberside having a frontage on the west to South Street with
the buildings thereon known as Leven Church of England School being the
property comprised in the above mentioned conveyance dated the 10th August
1868 and made between George Wray of the one part and Robert Wylie of the
other part.
Charity
numbered 2 above
£21,162
cash standing to the credit of the Official Custodian for Charities on
temporary Loan to Clwyd County Council at interest, representing part of
the clear proceeds of the sale of property under the authority of an Order
of the Commissioners of
the 23rd May 1974
.
26p
cash standing in the name of the said Official custodian on deposit
account at the Bank of England being the residue of the said proceeds of
sale.
£1,207.40
cash standing in the names of Messrs Paterson, Bateman and Hodgson in a
client’s account on deposit account at the branch of the National
Westminster Bank Limited at Beverley, Humberside, being accumulations of
income.
Sealed
by Order of the Commissioners this 10th day of March 1977.
N949 26-7-76CCx (1) |