Statutory Instrument 2000 No. 844

Charities (Boxmoor Estate, Hemel Hempstead) Order 2000

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(a) The provisions of the Act shall cease to have effect with the exception of sections 11, 12 and 13.

(b) With effect from the date that this Scheme is given effect by an Order of the Secretary of State under section 17(2) of the 1993 Act, the Charity and the property thereof shall be administered and managed in accordance with the provisions of this Scheme by the body of Trustees hereinafter constituted.

(c) The name of the Charity shall be the Box Moor Trust or such other name as the Trustees shall from time to time, with the consent of the Commissioners, decide.

Vesting
     2. As from the date on which this Scheme is given effect by an Order of the Secretary of State under section 17(2) of the 1993 Act the property described in the Schedule to this Scheme and all other property of the Charity shall vest in the Trustees for all the estate and interest therein belonging to or held in trust for the Charity.

Investment of cash
     3. All sums of cash now or at any time belonging to the Charity, other than sums of cash needed for immediate working purposes, shall be invested in trust for the Charity.

Investment in land
     4.

(a) The trustees may retain and manage any land held as an investment at the date of this Scheme.

(b) The Trustees may sell or otherwise dispose of such land in accordance with the powers of sale of land contained in this Scheme.

(c) Subject to clause 31 of this Scheme and to sub-clause (e) below the Trustees may reinvest the proceeds of sale or other disposal of such land in land to be held as an investment.

(d) Subject to clause 31 of this Scheme and to sub-clause (e) below the Trustees may invest surplus cash in accordance with clause 3 above in land to be held as an investment.

(e) No re-investment or investment in land to be held as an investment shall be made by the Trustees except in accordance with professional advice taken from a person or persons having professional experience of investing in land to be held by way of investment.

Interpretation
     5. In this Scheme the following expression shall have the following meanings:-

(a) "the deposited map" shall mean the map deposited in the office of the Commissioners and identified by the official seal of the Commissioners and the number 46047;

(b) "the Bovingdon area" shall mean the area coloured grey-green on the deposited map;

(c) "the Hemel Hempstead area" shall mean the area coloured buff on the deposited map;

(d) "the area of benefit" shall mean the area outlined in black on the deposited map, comprising both the Bovingdon area and the Hemel Hempstead area;

(e) "electors" shall mean persons resident in the area of benefit whose names are for the time being entered in the electoral register maintained for parliamentary and local government elections which covers the area of benefit; and

(f) "residence" means a dwelling house within the area of benefit in which a person normally lives and the expression "resident" shall be construed accordingly.

(a) Subject to clause 7 of this Scheme the body of Trustees when complete shall consist of twelve competent persons who shall be elected in accordance with the provisions of this Scheme.

(b) The Trustees must be electors as defined in this Scheme.

Transitional Provisions and First Trustees
     7.

(a) The first Trustees for the purposes of this Scheme shall be those Trustees of the Charity holding office on the date that this Scheme is given effect by an Order of the Secretary of State under section 17(2) of the 1993 Act and who shall (subject to clause 9(c)(i) to (v) of this Scheme) hold office for life.

(b) All vacancies in the trusteeship of the Charity occurring after the date of this Scheme shall be filled by election as hereinafter provided.

Declaration by Trustees
     8. No person shall be entitled to act as a Trustee whether on first or any subsequent entry into office until after signing in the minute book of the Trustees a declaration of acceptance and willingness to act in the trusts of this Scheme.

Termination of Trusteeship
     9.

(a) At every election held under the provisions of clause 11 of this Scheme, one quarter of the elected Trustees, or if their number is not a multiple of four, the number nearest to one quarter, shall retire from office. The elected Trustees to retire shall be those who have been longest in office since their last appointment or re-appointment; but as between persons who were last appointed or re-appointed on the same day those to retire shall (unless they otherwise agree among themselves) be determined by lot. Subject to clause 11(d) of this Scheme any competent Trustee shall be eligible for re-election.

(b) For the avoidance of doubt, in calculating the fraction of one quarter in sub-clause (a) above:


(i) those Trustees serving for life shall not be required to retire and shall not be included in the total number of Trustees;

(ii) those Trustees who have ceased to be Trustees by virtue of sub-clause (c) below shall not be included in the total number of Trustees; and

(iii) if the number of Trustees is five or less, one Trustee shall retire; if the number of Trustees is between six and nine inclusive, two Trustees shall retire; and if the number of Trustees is between ten and twelve inclusive, three Trustees shall retire.



(c) A Trustee shall cease to be a Trustee if he or she:-



(i) is disqualified from acting as a Trustee of a charity by virtue of section 72 of the 1993 Act;

(ii) becomes incapable (in the opinion of the Trustees) by reason of illness injury or mental disorder of managing his or her own affairs;

(iii) is absent without permission of the Trustees from all their ordinary meetings held within a period of six months and the Trustees resolve that his or her office be vacated;

(iv) gives not less than one month's notice in writing of his or her intention to resign (but only if at least the required quorum of Trustees will remain in office when the notice of resignation takes effect);

(v) ceases to be an elector; or

(vi) reaches the age of 75 and is not a Trustee serving for life.

Vacancies
     10. Upon the occurrence of a vacancy the Trustees shall cause a note thereof to be entered in their minute book at their next meeting.

(a) For the purposes of appointing new elected Trustees of the Charity the Trustees shall call an election:


(i) within three months of the number of Trustees falling to fewer than nine; and

(ii) no later than five years after the date of the previous election or (in the case of the first election) the date on which this Scheme is given effect by an Order of the Secretary of State under section 17(2) of the 1993 Act.



(b) All electors shall be entitled to vote in an election. Each elector shall be entitled to one vote in respect of each vacancy in the Trustee body but so that:



(i) no person standing for office shall be entitled to vote; and

(ii) no person shall cast more than one vote in favour of any one candidate.



(c) Every election shall be conducted by the Trustees, who shall give at least 28 days public notice of the election in the area of benefit.

(d) Every person standing for election shall be proposed and seconded by ten electors. No person shall be eligible for election if his or her term of office has been terminated under paragraphs (i), (ii), (iii) or (vi) of clause 9(c) above.

(e) Voting at an election shall be by personal voting in a secret ballot.

(f) Within the limits prescribed by this Scheme the Trustees shall have full power from time to time to make regulations for the conduct of elections, including the proposal and seconding of candidates, the number and location of polling stations, the wording of voting papers, the date and time of voting and the counting and recording of votes.

(g) Without prejudice to the generality of the power conferred by the preceding sub-clause, the Trustees may in particular divide the area of benefit into two or more electoral divisions for the purpose of holding elections, and require any candidate for election to be resident in a particular division. Any exercise of this power shall not derogate from the duty of every Trustee to act in the best interests of the Charity and its beneficiaries as a whole.

(a) There shall be an annual meeting of the electors, to be known as the Annual Trust Meeting, which shall be held in the month of April in each year or as soon as practicable thereafter.

(b) The Trustees shall present to each Annual Trust Meeting the Report and Accounts of the Charity for the preceding year.

Special Trust Meetings
     13.

(a) The Trustees may at any time and shall if so requested in writing by at least 100 electors, call a special meeting of electors (to be known as a Special Trust Meeting) to discuss any question relating to the Charity.

(b) Written requests for a Special Trust meeting shall be written individually by each elector and addressed to the Charity at its office for the time being.

Notice of Trust Meetings
     14. Every Trust Meeting shall be called by the Trustees, who must give at least 21 days public notice in the area of benefit, specifying in the case of a Special Trust Meeting the matter or matters to be discussed.

Procedure at Trust Meetings
     15.

(a) All electors shall be entitled to attend and vote at any meeting.

(b) If present, the presiding Trustee for the time being shall be the chairman of any Trust meeting. If he or she is not present, before any other business is transacted the persons present at the meeting shall appoint another of the Trustees to be chairman of the meeting.

(c) The Trustees may place any matter they think fit before any Trust Meeting for consideration by those attending. The Trustees shall not, however, be required to submit any matter to the decision of those attending a Trust Meeting or be bound by any views expressed, whether by resolution or otherwise, by those attending any Trust Meeting, after the expiration of any agreed period of consultation or consideration in respect of those views.

(a) Except as provided in sub-clause (b) below no business shall be transacted at any meeting unless there are present not less than the number of Trustees determined in accordance with the following table:



Number of Trustees	Quorum required
4 - 8	4 Trustees
9 - 12	5 Trustees


(b) If the number of Trustees falls below the relevant quorum as required by sub-clause (a) above, the Trustees may act for the purpose of increasing the number of Trustees to that quorum, but for no other purpose.

Voting
     21. 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 or she has or has not voted previously on the same question but no Trustee in any other circumstances shall have more than one vote.

Minutes
     22. The Trustees shall keep, in books maintained for the purpose, minutes of the proceedings of their meetings.

General power to make regulations
     23. 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 bank and the custody of documents.

Chief Executive and other staff
     24. The Trustees may appoint and dismiss, within the limits permitted by law, a Chief Executive, a Clerk, and such other employees (if any) as they consider necessary for the efficient operation of the Charity, and may pay such persons (who shall not be the Trustees) such reasonable remuneration as they think fit.

Committees
     25. The Trustees may from time to time appoint any two or more of their number to be a committee for the purposes of discharging any function or performing any duty which in their opinion would be more effectively undertaken by way of committee, provided that all acts and proceedings of the committee shall be fully and promptly reported to the Trustees.

(a) The Trustees shall first defray out of the income of the Charity the cost of maintaining the property of the Charity (including the repair and insurance of any buildings thereon) and all other charges and expenses of and incidental to the administration and management of the Charity.

(b) The Trustees may provide indemnity insurance for themselves out of the funds of the Charity provided that any such insurance shall not extend to any claim arising from any act or omission which the Trustees knew to be a breach of trust or breach of duty or which was committed by the Trustees in reckless disregard of whether it was a breach of trust or breach of duty or not.

Reserve Fund
     33.

(a) In the interests of prudent management the Trustees may establish and maintain a reserve fund, to be called the Reserve Fund ("the Fund"), for the purpose of providing:


(i) for the management expenses of the Charity in the event of a deficiency of income;

(ii) for the extraordinary repair, improvement and rebuilding of the buildings of the Charity; and

(iii) for the maintenance and improvement of the assets of the Charity.



(b) Unless the Commissioners otherwise direct, the Fund shall be established and maintained out of the income of the Charity by the transfer to the Fund of such annual sum as is sufficient for the purpose.

(c) Income of the Charity which is attributable to the Fund shall form part of the Fund.

(d) The Trustees may at any time apply the Fund, or any part of it, for its purposes, but in so far as the Fund is not so applied it shall be invested in trust for the Charity.

Purchase of additional land
     34. The Trustees may apply the income of the Charity in acquiring additional land to be appropriated and used for charitable purposes for the benefit of the residents of the area of benefit.

Application of income
     35.

(a) Subject to the payments aforesaid, the Trustees shall apply the income of the Charity as follows:


(i) as to 90% thereof for the benefit of the residents of the Hemel Hempstead area in the manner hereinafter specified; and

(ii) as to the remaining 10% thereof for the benefit of the residents of the Bovingdon area in the manner hereinafter specified.



(b) the income applicable under the preceding sub-clause for the benefit of the residents of either the Hemel Hempstead area or the Bovingdon area shall be applied by the Trustees in one or more of the following ways for:



(i) the relief of the aged, sick, disabled or poor residents of that area;

(ii) the provision, or assistance in the provision, for the benefit of the residents of that area and its neighbourhood or any section of those residents, of facilities for recreation or other leisure time occupation where that provision is charitable by virtue of section 1 of the Recreational Charities Act 1958 (facilities provided in the interests of social welfare);

(iii) the advancement of education for the benefit of residents of that area; and

(iv) the promotion of any other charitable purpose (whether or not of a nature similar to any purpose specified in paragraphs (i), (ii) and (iii) above) for the benefit of the residents of that area.

(a) Where the Trustees after taking appropriate technical or professional advice consider that it is necessary to restrict public access to a particular site or sites on the Charity's land which have hitherto been on open access to the public, such restriction being for the purposes of environmental protection or improvement of the site or sites, they may restrict public access to that site or sites on such terms and conditions as they think fit, but only for such period as is necessary to effect such protection or improvement.

(b) Where the Trustees have made a decision to restrict access under sub-clause (a) above they shall keep that decision under regular review and shall in any case review such decision annually.

Gifts
     38. The Trustees may accept gifts for the general purposes of the Charity and may also accept gifts for any special objects connected with the Charity which are not inconsistent with this Scheme.

Appropriation of benefits
     39. Subject to Clause 25 of this Scheme 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.

Trustees not to be personally interested
     40. No Trustee shall take or hold any interest in property belonging to the Charity otherwise than as a Trustee for the purposes thereof and no Trustee shall receive remuneration or be interested in the supply of work or goods at the cost of the Charity.

Charity not to relieve public funds
     41. The Trustees shall not apply the income of the Charity directly in relief of rates taxes or other public funds but may apply the income in supplementing relief or assistance provided out of public funds.

Questions under the Scheme
     42. Any question 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 may be determined by the Commissioners upon such application made to them for the purpose as they think fit.

[2] 1946 c. 36.back

[3] 1809 (49 Geo. 3) c. clxix.back