APPENDIX III
Sealed 11th May 1964 County - GLOUCESTER
No. 4797 L. Foundation - STINCHCOMBE HILL RECREATION
GROUND
Stamp. lOs. Scheme varying Trusts.
SCHEME MADE BY THE SECRETARY OF STATE FOR EDUCATION AND SCIENCE
UNDER SECTION 18 OF THE CHARITIES ACT 1960.
THE FOUNDATION
1. In this Scheme the expression "the Foundation" means the
Stinchcombe Hill Recreation Ground situate within and adjacent to
the Parishes of Cam, Dursley, North Nibley and Stinchcombe, in the
County of Gloucester, comprised in and now regulated by a Deed of
Conveyance executed by Sir Stanley William Tubbs, Baronet
(hereinafter called "the Grantor") on the 1st January 1930, and
augmented by a Deed of Conveyance dated the 15th March 1938.
VARIATION OF TRUSTS
2. The provisions of the said Deeds of 1st January 1930 and 15th
March 1938 (hereinafter together called "the Trust Deed") are
hereby varied so as to give effect to the
provisions of this Scheme.
ADMINISTRATION
3. The Foundation and its endowment shall be administered by the
body of Trustees hereinafter constituted in
accordance with the provisions of the Trust Deed as varied by this
Scheme.
TRUSTEES
4. (1) The body of Trustees of the Foundation shall, when
complete, consist of Sixteen persons, comprising :-
(a) FOUNDATION TRUSTEES, of whom there shall be not more than TEN,
who shall be appointed under the power of appointment conferred by
the Trust Deed on the Widow of the Grantor during her life-time,
and thereafter by resolution of the Trustees for the time being in
office; and
(b) SIX REPRESENTATIVE TRUSTEES to be appointed :-
One by the Gloucestershire County Council,
One by the Dursley Rural District Council,
One by the Cam Parish Council,
One by the Dursley Parish Council,
One by the North Nibley Parish Council, and
One by the Stinchcombe Parish Council.
(2) Foundation Trustees appointed by the Widow of the
Grantor during her life-time shall, subject to the
provisions of this Scheme as to determination of trusteeship, be
appointed to hold office for life, and those subsequently appointed
by resolution of the Trustees shall be appointed for a term of six
years.
(3) Every Representative Trustee to be appointed by the
Gloucestershire County Council shall be appointed for a term of
office ending on the date of appointment of his successor, which
may be made at any time after the ordinary day of retirement of
County Councillors next after his appointment. The other
Representative Trustees shall be appointed each for a term of three
years.
(4) A Representative Trustee may, but need not, be a member of the
Council by which he is appointed.
(5) The constitution of the body of Trustees as specified in this
clause may, on the application of the Trustees, be altered from
time to time by an Order of the Secretary of State for Education
and Science (hereinafter in this Scheme called the Secretary of
State").
FIRST TRUSTEES UNDER SCHEME AND FIRST
MEETING
5. (1) The Persons in office as Trustees of the Foundation at the
date of this Scheme shall be Foundation Trustees under this scheme
and, subject to the provisions of this Scheme as to determination
of trusteeship, shall be entitled to
continue in office for the remainder of their respective
lives.
(2) The first Representative Trustees shall he appointed as soon
as possible after the date of this Scheme and their names shall be
notified to P.C. Penley, Esq., B.A., LL.B., Solicitor of Dursley,
on behalf of the Trustees.
(3)The first meeting of the Trustees under this Scheme shall be
summoned by the said F.C. Penley, Esq., as soon ES conveniently may
he after the date of this Scheme, or if he fails to summon a
meeting for two months after that date, by any two Trustees.
DECLARATION BY TRUSTEES
6. No person shall be entitled to act as a Trustee whether on a
first or any subsequent entry into office, until he has
signed a declaration of acceptance and of willingness to act in the
trusts of the Trust Deed as varied by this Scheme.
TRUSTEES NOT TO BE PERSONALLY INTERESTED IN THE
FOUNDATION
7. Except in special circumstances, with the approval in writing
of the Secretary of State, no Trustee shall take or hold any
interest in any property belonging to the Foundation, otherwise
than as a trustee for the purposes thereof, or receive any
remuneration, or be interested in the supply of work or goods, at
the cost of the Foundation.
DETERMINATION OF TRUSTEESHIP
8. Any Trustee who is absent from all meetings of the Trustees
during a period of one year (except in special circumstances
approved by the Trustees) or who is adjudica teil a bankrupt, or
who is incapacitated from acting, or who communicates in writing to
the Trustees a wish to resign, shall thereupon cease to be a
Trustee.
VACANCIES
9. (1) Every vacancy in the office of Trustee shall as soon as
possible be notified to the proper appointing body or filled by the
Trustees as the case requires. Any competent Trustee may be
re-appointed.
(2) A Representative Trustee appointed to fill a casual vacancy
shall hold office only for the unexpired term of office of the
Trustee in whose place he is appointed.
MEETINGS OF TRUSTEES
10. The Trustees shall hold ordinary or stated meetings at least
twice in each year and a special meeting may at any time be
summoned by any two Trustees upon fourteen clear days'
notice being given to the other Trustees of the matters to be
discussed.
QUORUM AND VOTING
11. (1) There shall be a quorum when six Trustees are present at a
meeting and every matter shall be determined by the majority of the
Trustees present and voting on the question.
(2) In case of equality of votes the Chairman of the meeting shall
have a second or casting vote.
CHAIRMAN AND VICE-CHAIRMAN
12. (1) The Trustees shall at their first meeting in each
year elect two of their number to be respectively Chairman and
Vice- Chairman of their meetings during the year. The Chairman and
Vice-Chairman shall always be eligible for re-election.
(2) If the Chairman of the Trustees is absent from any meeting,
the Vice-Chairman, if present, shall preside, and if both the
Chairman and Vice-Chairman are absent, the Trustees present shall,
before any other business is transacted, choose one of their number
to be chairman of the meeting.
GENERAL POWER TO MAKE RULES
13. Within the limits prescribed by the Trust Deed as varied by
this Scheme the Trustees shall have full power to make rules for
the management of the Foundation and for the conduct of their
business, including the summoning of meetings, the deposit of money
at a proper bank, the custody of documents, and the appointment as
Clerk or Secretary (to hold office at their pleasure) of one of
themselves without salary or some other fit person at such salary,
if any, as may be approved by the Secretary of State.
QUESTIONS UNDER SCHEME
14. If any question arises 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 it shall be determined by the
Secretary of State upon such application made to him for the
purpose as he thinks sufficient, and such determination shall be
binding on the Trustees and all persons claiming under the
Foundation.
INTERPRETATION
15. The Interpretation Act 1889 shall apply for the
interpretation of this Scheme as it applies for the interpretation
of an Act of Parliament.
DATE OF SCHEME
16. The date of this Scheme shall be the day on which it is
established by an Order of the Secretary of State. The Secretary of
State for Education and Science orders that the foregoing Scheme be
established. Given under the Official Seal of the Secretary of
State for Education and Science on 11th May 1964.