Trust Deed

Dated 24th March 1953

NORTH FERRIBY VILLAGE HALL

T R U S T   D E E D

 

 

T. Priestman Sons and Black,  HULL


 

THIS DECLARATION OF TRUST  is made the 24th day of March One thousand nine hundred and fifty three BY the Parish Council for the Parish of North Ferriby in the East Riding of the County of York (hereinafter called “the TRUSTEES” which expression shall where the context so admits the Trustee or Trustees for the time being hereof)

WHEREAS the Trustees by a Contract dated                 one thousand nine hundred and fifty and made between THE NORTH FERRIBY VILLAGE HALL  LIMITED of the one part and themselves of the other part (hereinafter called “the Contract”) agreed to purchase the hereditaments hereinafter described in the Third part of the Schedule hereto at the price of One thousand five hundred and fifty six pounds three shillings and seven pence on the terms and conditions therein set out.
NOW THIS DEED WITNESSETH
(1)  The Trustees declare that they will hold the benefit of “the Contract” and will hold the said hereditaments herein described when conveyed to them (herein called “the Trust premises”) upon the trusts and subject to the powers and provisions set out in the First part of the Schedule hereto
(2) The Trustees shall not be concerned to see that the Committee referred to in the First part of the said Schedule (hereinafter called “the Committee”) or any of their officers are properly appointed or as to the regularity of their meetings or proceedings and may act on any writing purporting to be a copy of a resolution passed by the Committee and entered in the Committee’s minute book signed by the Secretary and Chairman for the time being of the Committee or by the persons for the time being professing to act as such Secretary or Chairman, and the Trustees shall not incur any liability or responsibility for acting on such writing.  The Trustees may either by themselves or one or more of them or their solicitor or other agent require production of the Minute Book of the Committee and take extracts therefrom.

IN WITNESS whereof the parties hereto have hereunto set their hands seals the day and year first hereinbefore written.

 THE SCHEDULE above referred to
First Part

 (1)  The Trust premises shall be held upon Trust for the purposes of physical and mental training and recreation and social moral and intellectual development through the medium of reading and recreation rooms library lectures classes recreations and entertainments or otherwise as may be found expedient for the benefit of the inhabitants of the Parish of North Ferriby in the East Riding of the County of York and its immediate vicinity without distinction of sex or of political religious or other opinions subject to the provisions of these presents
(2)  The general management and control of the Trust premises and the arrangements for their use shall be vested in a Committee of Management (hereinafter called “the Committee”) consisting of not more than twenty members (exclusive of members co-opted under the power hereinafter contained), of whom ten (hereinafter called “the Elected Members”) shall be elected at the first general meeting referred to in Clause      hereof in the first instance and thereafter at each Annual General Meeting and the remaining ten (hereinafter called “the Appointed Members”) shall be appointed by the ten organisations mentioned in the second column of the second part of this Schedule each of whom shall have the right to appoint one of the Appointed Members by writing signed by any official of such organisation whose signature the Committee is prepared to accept.  Each Appointed Member shall hold office from the Annual General Meeting following their appointment hereinafter provided until the next Annual General Meeting.  The persons whose names appear in the first column of such Second part of this Schedule shall be deemed to have been appointed Appointed Members pursuant to this paragraph by the organisations mentioned opposite their respective names and shall hold office from the date of this Deed until the first Annual General Meeting.  Until the first General Meeting has been held the Appointed Members shall have power to act as the Committee.  In addition to the members of the Committee appointed and elected as above the Committee shall have the power to co-opt from time to time not more than four members (hereinafter called “co-opted members”) to represent interests in the said Parish not represented by any organisation.  The co-opted members shall hold office at the Committee’s pleasure.(3)  The first General Meeting shall be convened by the Committee in the month of                     One thousand nine hundred and fifty                   and thereafter an Annual General Meeting shall be convened by the Committee in the month of                         in each year.  Notice of the First General Meeting and of every Annual General Meeting shall be given by affixing a written notice to some conspicuous part of the Trust Premises or other conspicuous place or places in the said Parish not less than one week prior to the date of such meeting addressed to all inhabitants of the said Parish of the age of Eighteen years or upwards of either sex and stating the time place and purpose of such meeting.  At each such meeting the Report and Accounts of the Committee shall be placed before the meeting, the elected Members shall be elected as hereinbefore provided and such other business shall be transacted as the Committee shall think fit.  If in any year an Annual General Meeting shall not be convened and held in the month of                            the Annual General Meeting for that year shall be held as soon as practicable thereafter.
(4)  The Committee shall have power by a Resolution of the Committee passed at a meeting at which not less than two-thirds of all the members of the Committee vote in favour of the Resolution to allow any existing organisation in the said parish not mentioned in the second column of the Second Schedule hereto and any other organisation which may hereafter be formed in the said parish having aims of a social recreational or educational character consistent with those upon which the trust premises are held hereunder to appoint an additional member of the Committee in the same manner as if such organisation had been mentioned in the second column of the Second Schedule hereto and for this purpose the total number of members of the Committee as provided for in clause (2) hereof may be increased but no such Resolution shall be effective until it has been approved in writing by the Minister of Education.
(5)  All members of the Committee (other than co-opted Members) shall retire annually at the Annual General Meeting.  Every organisation entitled to appoint an Appointed Member shall make a fresh appointment for the following year before the beginning of the month fixed by paragraph (3) hereof for the holding of the Annual General Meeting and to take effect immediately after the holding of such Annual General Meeting.(6)  If any organisation entitled to appoint a member of the Committee ceases to exist or fails to make an appointment in manner aforesaid within the time specified in paragraph (5) hereof the Annual General Meeting shall decide in what way if at all the vacancy shall be filled for the ensuing year.
(7)  A casual vacancy arising from the death or resignation or removal of an Appointed Member of the Committee shall be filled by an appointee of the organisation by which such member shall have been appointed and the person so appointed shall be appointed in the manner prescribed by paragraph (2) hereof and shall hold office until the next Annual General Meeting.  In the event of a vacancy arising through the death resignation or removal of an Elected Member of the Committee the Committee shall have the power to fill such vacancy and any person appointed by the Committee pursuant to this power shall hold office until the next Annual General Meeting.
(8)  The proceedings of the Committee shall not be invalidated by any vacancy among its members or by any defect in the appointment or qualification of any member.
(9)  The Committee may from time to time make and alter Rules and Regulations for the conduct of its business and for the summoning, conduct and recording in a Minute Book of its meetings and in particular with reference to:-
(a)  The terms and conditions upon which the Trust premises may be used for entertainments meetings social gatherings and other purposes and the sum (if any) to be paid for such use.
(b)  The appointment of an Auditor, Secretary, Treasurer and such other unpaid officers or sub-committees as it may consider necessary and the fixing of their respective terms of office.
(c)  The engagement and dismissal of such paid officers and servants for the Trust premises as it may consider necessary.(d)  The number of members who shall form a quorum at its meetings.
(10)  All  payments in respect of the use of “the Trust Premises” and all donations for the benefit therefore shall be paid into a Trust Account at the National Provincial Bank Limited at Hull or at other such Bank as shall from time to time be substituted therefor by the Committee, any such substitution to be endorsed upon this Trust Deed, together with a copy of the resolution relating thereto.
(11)  The moneys standing to the credit of the said Account shall be applied as the Committee shall decide in carrying out the terms of the Contract in repairing and insuring the Trust Premises or the furnishing and effects therein and in paying all rent (if any) rates taxes salaries of paid officers and servants and other outgoings and in providing furniture games books newspapers periodicals and other literature and means of recreation and otherwise for the upkeep and improvement of the Trust premises.
(12)  The Committee shall provide the Trustees with sufficient funds to meet all such expenditure (if any) in connection with “the Contract” and Trust Premises as the Trustees may be liable for and shall keep the Trustees indemnified against all liability (if any) in respect thereof.
(13)  The Committee may upon the vote of a majority of its members and (when necessary) with the consent of the Charity Commissioners or the Ministry of Education from time to time by mortgage or otherwise obtain such advances on the security of “the Trust Premises” or any part thereof as may be required for maintaining extending or improving the same or any part thereof or erecting any building thereon or for the work carried out therein and may continue or repay in whole or in part and from time to time any existing mortgage or charge on the said premises.
(14)  If the Committee by a majority decides at any time that on the grounds of expense or otherwise it is necessary or advisable to discontinue the use of “the Trust Premises” in whole or in part for the purposes hereinbefore indicated it shall call a Meeting of the inhabitants of the age of Eighteen years or upwards of the said Parish of North Ferriby of which Meeting a notice shall be given not less than fourteen days in advance of the meeting in the manner provided by paragraph 3 hereof stating that the Committee has so decided and that a Resolution confirming the Committee’s decision will be proposed at such meeting and also by an advertisement in similar terms in a newspaper circulating in the said Parish and if such decision shall be confirmed by the majority of such inhabitants present at such meeting and voting the Committee may with the consent of The Charity Commissioners or the Minister of Education assign the benefit of “the Contract” or if “the Trust Premises” have been conveyed to them let or sell the same or any part thereof.  All moneys arising from such assignment letting or sale (after satisfaction of any liabilities properly payable thereout) shall with such consent as aforesaid be applied either in the purchase of other premises approved by the Committee and to be held upon the trusts for the purposes and subject to the provisions hereinbefore set forth (including this power) or as near thereto as circumstances will permit or towards such other charitable purposes or objects for the benefit of the inhabitants of the said Parish of North Ferriby as may be approved by the Charity Commissioners or the Minister of Education and meanwhile such moneys shall be invested in the name of the Official Trustee of Charitable Funds or otherwise as the Charity Commissioners or the Minister of Education may direct and any income arising therefrom shall either be accumulated (for such time as may be allowed by law) by investing the same and the resulting income thereof in like manner as an addition to and to be applied as the capital of such investments or shall be used for any purpose for which the income of “the Trust premises” may properly be applied.
(15)  If any Rules or Regulations made under the power in that behalf hereinbefore contained are inconsistent with the provisions of these presents the latter shall prevail.

Second Part

Column I Column II
Names and address of Representatives Organisations
S. Mitchell Parochial Church Council
S. F. L. Cowburn North Ferriby Methodist Church
H. Richardson North Ferriby Parish Council
Mrs. J. Brown Women’s Institute
H. Hotham British Legion
S. F. L. Cowburn Boy Scouts
W. Greenwood Toc. H.
E. P. Reeve North Ferriby United A.F.C.
J. Place Drama Group
G. Grantham Playing Fields Association

 Third Part

ALL THAT piece or parcel of land situate on the West side of Church Road in the Parish of North Ferriby in the East Riding of the County of York which said piece or parcel of land is for the purpose of identification only shown on the plan drawn on these presents and thereon edged red
AND ALSO ALL THAT building erected on the said piece or parcel of land or on some part thereof and known as the North Ferriby Village Hall

SIGNED SEALED AND DELIVERED at a meeting of the said Parish Council on behalf of the said Council in the presence of:- Thomas Gibson and E. H. White


RESOLUTIONS ADOPTED AT THE
ANNUAL GENERAL MEETING
HELD ON 26th SEPTEMBER 2013

1. Pursuant to clause (9) (d)  of the First Part of the Schedule to the Deed of Trust  dated 24 March 1953 the quorum for meetings of the Committee of Management shall be five of which at least three shall be Elected Members (as defined in the said Deed of Trust).

2. In the event of an equality of votes the chairman of the meeting shall have a casting vote except that where the chairman is  an elected representative of the North Ferriby Parish Council or of any local authority the casting vote on decisions relating to matters governed by the Landfill Tax Regulations shall be exercised by an independent Elected Member.

3. That the Environmental Policy approved by the Committee of Management on 25 April 2013 be adopted.

4. In the furtherance of the Trust’s purposes and its decision making, the Committee of Management shall give due weight to the protection of the environment in accordance with its Environmental Policy adopted on 26 September 2013.

5. In the event of the dissolution of the Trust under the provisions of Clause (14) of the First Part of the Schedule to the Deed of Trust dated 24 March 1953 any unspent monies received from the Landfill Communities Fund shall not be included in the assets of the Trust to be distributed but shall be paid to an environmental body enrolled with ENTRUST (or such environmental body as ENTRUST shall appoint for this purpose).

 

Signed:      …………………………………………..
Chairman