Appendix 2: Draft Constitution

1. The name of the organisation is …………………………………. (thereinafter referred to

as the Panel or ………… Panel)

2. Objects

In particular the Panel is established to advise and assist in the creation and maintenance of access provision and equal access to all aspects of life for disabled people throughout ………… and the surrounding area.

In furtherance of these objects:

• To receive and respond to requests for consultation, involvement and advice, and to liaise with other agencies on relative matters of both Policy and Practice.
• To encourage, participate in and enhance awareness of architects, surveyors, planners and other relevant professional personnel
• The activities of the Panel shall advance citizenship and community development, for those affected by disability, through increased and enhanced participation in raising community awareness.
• The objects of the Panel are also designed to assist in improving and promoting better physical and mental health.
• The panels main thrust shall always be disability but will also take into cognisance the other equality characteristics when going about our business.
• Panel members holding the positions of Convener, Treasurer and Secretary shall be the Trustees of the organisation and shall be legally responsible for the governance and legal obligations of the organisation.

3. Powers

The Access Panel shall have powers:

• To engage and pay fees to professional and other persons who provide specialist services, such as training and organisation of services, to The Access Panel.
• To pay out of pocket costs to volunteers for services provided to the Panel.
• Set a membership fee at Annual General Meeting and raise other funds as appropriate.
• To raise and receive donations, gifts and finances.
• To receive and respond to requests for consultation, involvement and advice and to liaise with other agencies on relative matters of policy and practice, and to actively take part in the planning, building standards and execution process of new/renovated buildings, roads, footpaths, transport, healthcare, countryside, open space and the general environment.
• While the main thrust of the Panel’s work is concerned with disability and disabled people the panel nevertheless will take into cognisance and recognise all other equality characteristics in advancing equality and diversity and work to promote the Principles of Inclusive Living.

4. Membership

Membership is open to all disabled people and to others with an interest, affected by disability and/or concern with regard to access for Disabled Persons. Membership is open for those who live, work or visits ………… and the surrounding area.

Being a member of the …………………………………. does not necessarily mean that a person must be a member of the committee. Persons affected by disability can be members of the panel without necessarily being involved in the day to day running of the panel but can nevertheless become involved in areas of particular interest.

5. Government of the Organisation

The Panel shall be appointed annually at the Annual General Meeting and shall consist of as far as are possible 51% disabled persons and should also include persons with expertise and others as defined in the Access Guide of the Committee on Access for Scotland (1986).

The Panel shall, whenever possible, have a minimum of 3 office bearers being:

• Chairperson
• Secretary
• Treasurer

The Panel can democratically appoint additional members i.e. Vice-Chairperson, Press Officer, Minutes Secretary, Membership Co-ordinator, etc.

The office bearers should hold office for a maximum of 3 years after which time they can be considered for re-election at the AGM or an AG MEETING held for that purpose.

The panel committee shall have power to co-opt such members as are deemed appropriate to carry out its objects or/and to co-opt such members for individual projects.

Any members of the panel who are paid officers of a public organisation, or receive payment for work on behalf of a public organisation shall be ‘ex officio’ members only and will have no voting rights.

The Panel shall meet at least 4 times per year; more if deemed necessary but not less.

6. Annual General Meetings

The AGM shall be publicly advertised not less than 28 days prior to the meeting.

The AGM will be to:

• Hear and accept annual reports
• Appoint the panel committee for the ensuing year
• Elect a Chairperson and other officers as deemed necessary
• Receive the accounts
• Appoint a ‘person of good standing’ to scrutinise the accounts for the ensuing year if necessary
• Deal with all other business which can be construed in terms of the constitution
• Any member requiring raising an issue at the AGM shall inform the secretary or nominated office bearer in writing or whatever format is suitable for use by that person if the written word is not possible at least 21 days in advance of the meeting.

7. Additional General Meeting (AG Meeting)

The Panel may at any time call an Additional General Meeting. Two thirds or more Panel members may call an AG MEETING by giving the Secretary (if appointed) 28 clear days notice. If no Secretary is appointed, notice to be submitted to the Chairperson or other office bearer.

Any member requiring raising an issue at the AG MEETING shall inform the secretary or nominated office bearer in writing or whatever format is suitable for use by that person if the written word is not possible at least 21 days in advance of the meeting.

8. Finance

All monies raised by or on behalf of …………………………………. shall be applied to the furtherance of the objects of the Panel and no other purpose. The treasurer shall keep accounts showing all income, expenditure and assets of the group. A bank account shall be opened in the name of the …………………………………. with office bearers as signatories. Two from three bank registered signatures will be required to issue cheques.

A simple Income and Expenditure Account will be kept by the treasurer to keep account of all monies in and out of the panel. All receipts and Invoices will be kept in a safe and secure environment.

The Accounts shall be independently scrutinised at the end of each financial year by a person of ‘good standing’.

The financial year shall be from 1st April to 31st March each year. The AGM will be held within two calendar months of the end of the financial year.

9. Rules for procedure at all meetings

Minute

A minute of the meeting shall be taken by the Secretary, minute’s secretary or by a panel member designated at time of meeting.

Voting

Subject to the provision of clause 10, decisions shall be made by a majority of those panel members present at a legitimately called meeting. In the case of an equality of votes the Chairperson shall have a second or casting vote.

Lapsed Membership

Any member, who indicates that they no longer wish to be a member of …………………………….., will be entitled to leave the panel without prejudice unless there are legal reasons that require the members delay in resignation.

Quorum

Three members shall form a quorum at both panel and general meetings.

10. Alterations to the constitution

There must be at least 5 members present, plus 2 office bearers, in attendance at the AGM or an AG MEETING specially called for the purpose.

A majority of two thirds of those present at the AGM or AG MEETING specially called for the purpose, shall be necessary to carry any resolutions involving an alteration or change to the Constitution.

11. Dissolution

If the Panel decides by a majority vote at any time that there are justifiable grounds to dissolve the Panel, the Panel shall call a General Meeting giving not less than 21 days notice stating the terms of the resolution to be proposed thereat. If this resolution is subsequently confirmed by two thirds majority of those present any remaining assets after the satisfaction of all debts and liabilities shall not be paid to or distributed among the members of the organisation, but shall be given or transferred to a recognised organisation having similar objects to those of the Panel.

Signed: ___________________________________________________ 

Name: ____________________________ Date: ________________ 

Position Held: _____________________________________________ 

Signed: ___________________________________________________

 Name: ____________________________ Date: _______________ 

Position Held: _____________________________________________