Parent's Council

1.1 TYPE OF ASSOCIATION
Parents and Teachers Council

1.2 SCHOOL NAME
The Business Academy, Bexley

ADDRESS
Yarnton Way
Erith
Kent
DA18 4DW

1.3 THE COMMITTEE
Officers: the Chair, the Secretary,
Other officers - 5
Number of Ordinary Committee Members - 12
Number of possible Co-opted Committee Members - 5

2. OBJECTS
The object of the association ("the Objects") is to advance the education of pupils in the School in particular by developing effective relationships between the staff parents and others associated with the School; engaging in activities or providing facilities or equipment which support the School and advance the education of the pupils;

2.1 developing effective relationships between the staff parents and others associated with the School;

2.2 engaging in activities or providing facilities or equipment which support the School and advance the education of the pupils;

3 POWERS
The Association has the following powers, which may be exercised only in promoting the Objects

3.1 To provide advice.

3.2 To publish or distribute information.

3.3 To co-operate with other bodies.

3.4 To raise funds (but not by means of taxable trading).

3.5 To acquire or hire property of any kind.

3.6 To take out public liability and personal accident insurance to cover Association meetings, activities, Officers, and Committee Members, to insure the Association's property against any foreseeable risk and to take out other insurance policies to protect the Association where required.

3.7 To insure members of the Committee against the costs of a successful defence to criminal prosecution brought against them as charity trustees or against personal liability incurred in respect of any act or omission which is or is alleged to be a breach of trust or breach of duty (unless the member concerned knew that, or was reckless whether, the act or omission was a breach of trust or breach of duty).

3.8 To do anything else within the law which promotes the Objects. BUT the Committee shall not undertake any activity in the School premises without the consent of the Principal.

4. MEMBERSHIP
Members of the Association are:

4.1 Parents, guardians, and adults acting in loco parentis of pupils at the School shall be granted membership of the Association.

4.2 Trustees and members of the executive committee who are not Trustees may normally continue both as a member and in their respective offices until the AGM following their last child's departure from the School. BUT the Committee may for good reason (whether or not at the request of the Governing Body or the Principal) exclude any person from membership whose presence at or support of the School is deemed a danger to the School or its pupils or staff or might bring the Association into disrepute (but only after notifying the member concerned in writing and considering the matter in the light of any written representations which the member puts forward within 14 clear days after receiving notice.

4.3 Staff members of the School shall be honorary members of the Association. The executive committee may at its discretion co-opt other friends of the School to assist the Association.

5. GENERAL MEETINGS
5.1 All members are entitled to attend any AGM or EGM of the Association.

5.2 General meetings are called by 21 clear days' written notice to the members specifying the business to be transacted.

5.3 There is a quorum at a general meeting if the number of members personally present is 50% of the committee.

5.4 The Chair or (if the Chair is unable or unwilling to do so) some other member elected by those present presides at a general meeting.

5.5 Except where otherwise provided in this Constitution, every issue at a general meeting is determined by a simple majority of the votes cast by the members present in person.

5.6 Except for the Chair of the meeting, who has a second or casting vote, every member present in person is entitled to one vote on every issue.

5.7 An AGM must be held in every year (except that the first AGM may be held at any time within 18 months after the formation of the Association).

5.8 At an AGM the members:
5.8.1 receive the report of the Committee on the Association's activities since the previous AGM
5.8.2 elect the Executive Officers
5.8.3 may confer on any individual (with his or her consent) the honorary title of Patron, President or Vice-President of the Association
5.8.4 discuss and determine any issues of policy put before them.
5.8.5 any other business will be accepted from the membership at the AGM, and may be carried forward for discussion by the committee and ratified at the following AGM.

5.9 An EGM may be called at any time by the Committee and must be called within 21 days after a written request to the Committee from at least 4 members.

6. THE COMMITTEE
6.1
6.1.1 The Committee when complete shall comprise the officers and the other persons set out in clause 1.4 all of whom must be members of the Association.
6.1.2 The number of co-opted Committee Members (who need not necessarily be members of the Association) shall not exceed 50% of the number of ordinary Committee Members.

6.2 The Committee shall be elected at the AGM and shall hold office until the next AGM but the co-opted Committee Members may be co-opted by the Committee at any time and shall hold office until the next AGM.

6.3 Nominations for elections to the Committee may be made by one member seconded by another. Such nomination must have the consent of the nominee. Nominations should be made in writing to the Chair at any time until the election process has been completed.

6.4 A Committee Member automatically ceases to be a member of the Committee if he or she:

6.4.1 is incapable, whether mentally or physically, of managing his or her own affairs
6.4.2 is absent from three consecutive meetings of the Committee without apology
6.4.3 ceases to be a member of the Association
6.4.4 is removed by a resolution passed by all the other members of the Committee after inviting the views of the Committee member concerned and considering the matter in the light of any such views

6.5 A technical defect in the appointment of a Committee member of which the Committee are unaware at the time does not invalidate decisions taken at a Meeting.

7. COMMITTEE MEETINGS
7.1 The Committee must hold at least one meeting per term .

7.2 A quorum at a Committee meeting is 50% of the current membership of the Committee members.

7.3 The Chair or (if the Chair is unable or unwilling to do so) some other member of the Committee chosen by he members present presides at each Committee meeting.

7.4 Every issue may be determined by a simple majority of the votes cast at a Committee meeting.

7.5 Except for the Chair of the meeting, who has a second or casting vote, every Committee member has one vote on each issue.

8. POWERS OF COMMITTEE
8.1 The Committee have the following powers in the administration of the Association:
to delegate any of their functions to sub-committees consisting of two or more persons appointed by them (but at least one member of every sub-committee must be a Committee member and all proceedings of sub-committees must be reported promptly to the Committee).

8.2 to make Rules consistent with this Constitution about the Committee and sub-committees, to govern proceedings at general meetings and generally about the running of the Association.

9. PROPERTY & FUNDS
9.1 No Committee member may receive any payment of money or other material benefit (whether direct or indirect) from the Association except

9.1.1 under clauses 3.10 (indemnity insurance) and (fees)
9.1.2 reimbursement of reasonable out-of-pocket expenses (including hotel and travel costs) actually incurred in the administration of the Association
9.1.3 in the case of an individual member, charitable benefits in his or her capacity as a beneficiary subject to compliance with clause

9.2 Whenever a Committee member has a personal interest in a matter to be discussed at a Committee meeting, the Committee member must:

9.2.1 declare an interest before discussion begins on the matter
9.2.2 withdraw from that part of the meeting unless expressly invitedto remain in order to provide information
9.2.3 not be counted in the quorum for that part of the meeting
9.2.4 withdraw during the vote and have no vote on the matter

10. RECORDS
10.1 An AGM must be held in October.

10.2 The Committee must keep proper records of:

10.2.1 all proceedings at general meetings
10.2.2 all proceedings at Committee meetings
10.2.3 all reports of sub-committees

11. NOTICES
11.1 Notices under this Constitution may be sent by hand, or by post or by suitable electronic means or in any newsletter distributed by the Association. Notification by hand may include distribution to parents, guardians, and carers via their children with or without other communications from the School.

11.2 The address at which a member is entitled to receive notices (if sent by post) is the last known address of the member.

11.3 A technical defect in the giving of notice of which the members or the Committee members are unaware at the time does not invalidate decisions taken at a meeting.

12. AMENDMENTS
This Constitution may be amended at a general meeting by a two-thirds majority of the votes cast, but

12.1 the members must be given 21 clear days notice of the proposed amendments.

12.2 No amendment is valid if it would make a fundamental change to the Objects or to this clause or destroy the charitable status of the Association.

13. INTERPRETATION
13.1 In this Constitution:

‘AGM’ means an annual general meeting of the Association
‘the Association’ means the charity constitution
‘the Chair’ means the chair of the Association elected at the AGM
Principal of the School who shall be both President and a Trustee of the Charity and shall have the power of veto.
‘clear day’ means 24 hours from midnight following the triggering event.
‘the Committee’ is the governing body of the Association.
‘co-opted Committee member’ means a member of the Committee appointed by the members of the Committee in accordance with clause 6.
‘EGM’ means a general meeting of the members of the Association which is not an AGM.
‘fundamental change’ means such a change as would not have been within the reasonable contemplation of a person making a donation to the Association.
‘general meetings’ means an AGM or EGM.
‘Governing Body’ means the governing body of the School.
‘independent examiner’ has the meaning prescribed by section 43(3)(a)
‘material benefit’ means a benefit which may not be financial but has a monetary value.
‘member’ and ‘membership’ refers to members of the Association.
‘months’ means calendar months.
‘the Objects’ means the charitable objects of the Association set out in clause 2.
‘taxable trading’ means carrying on a trade or business on a continuing basis for the principal purpose of raising funds and not for the purpose of actually carrying out the Objects.
13.2 ‘written’ or ‘in writing’ refers to a legible document on paper including a fax message.
‘year’ means calendar year.

References to an Act of Parliament are references to the Act as amended or re-enacted from time to time and to any subordinate legislation made under it.

Parent's Council

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