Our Constitution

The committee have decided to update our constitution to reflect the model constitution advocated by the Third Age Trust. To that end, a resolution will be proposed at the 2021 AGM:

That the constitution of Hessle University of the Third Age be replaced by the proposed constitution to align it with the model constitution advocated by the Third Age Trust.

The proposed constitution is shown below.

Hessle University of the Third Age
CONSTITUTION

Constitution of Hessle University of the Third Age (U3A), an unincorporated members' association and a member of the Third Age Trust. This is a charity in England and Wales.

Registered charity number: 1092392

Notes


In this constitution 'the Trust' means the Third Age Trust and 'the Commission' means the Charity Commission for England and Wales.
The constitution is in two parts.
Part 1 covers the purposes of the U3A and how its money and other property can be used. It also contains the powers to change the constitution and to wind up the U3A.
Part 2 sets out the administrative provisions, including membership, the appointment of U3A trustees, members' and trustees' meetings and the powers available to the trustees in running the U3A.
The provisions in Part 1 can only be changed by a 2/3rds majority of members present and voting at a general meeting whereas those in Part 2 only require a simple majority to make changes.
The members of the main U3A committee are the trustees of the U3A.

Part 1


1
Name
The name of the charity shall be The Hessle University of the Third Age (In this constitution called 'the U3A').
2
Object
The U3A's object ('the object') is the advancement of education and, in particular, the education of older people and those retired from full time work, by all means including associated activities conducive to learning and personal development in Hessle and its surrounding locality.
3
Application of income and property
(1)
The income and property of the U3A shall be applied solely towards the promotion of the objects.
(a)
A U3A trustee is entitled to be reimbursed from the property of the U3A or may pay out of such property reasonable expenses properly incurred by him or her when acting on behalf of the U3A.
(b)
A U3A trustee may benefit from trustee indemnity insurance cover purchased at the U3A's expense in accordance with, and subject to the conditions in, section 189 of the Charities Act 2011.
(2)
None of the income or property of the U3A may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the U3A. This does not prevent a member who is not also a trustee from receiving:
(a)
a benefit from the U3A in the capacity of a beneficiary of the U3A;
(b)
reasonable and proper remuneration for any goods or services supplied to the U3A.
4
Benefits and payments to U3A trustees and connected persons
(1)
General provisions
No U3A trustee or connected person may:
(a)
buy or receive any goods or services from the U3A on terms preferential to those applicable to members of the public;
(b)
sell goods, services or any interest in land to the U3A;
(c)
be employed by, or receive any remuneration from, the U3A;
(d)
receive any other financial benefit from the U3A; unless the payment is permitted by sub-clause (2) of this clause, or authorised by the court or the Commission. In this clause, a 'financial benefit' means a benefit, direct or indirect, which is either money or has a monetary value.
(2)
Scope and powers permitting trustees' or connected persons' benefits.
(a)
A U3A trustee or connected person may receive a benefit from the U3A in the capacity of a beneficiary of the U3A provided that it is available generally to the beneficiaries of the U3A.
(b)
A U3A trustee or connected person may enter into a contract for the supply of services, or of goods that are supplied in connection with the provision of services, to the U3A where that is permitted in accordance with, and subject to the conditions in, section 185 of the Charities Act 2011.
(c)
A U3A trustee or connected person may receive interest on money lent to the U3A at a reasonable and proper rate which must be not more than the Bank of England bank rate (also known as the base rate).
(d)
A U3A trustee or connected person may receive rent for premises let by the trustee or connected person to the U3A. The amount of the rent and the other terms of the lease must be reasonable and proper. The U3A trustee concerned must withdraw from any meeting at which such a proposal or the rent or other terms of the lease are under discussion.
5
Dissolution
(1)
If the members resolve to dissolve the U3A the trustees will remain in office as U3A trustees and be responsible for winding up the affairs of the U3A in accordance with this clause.
(2)
The trustees must collect in all the assets of the U3A and must pay or make provision for all the liabilities of the U3A.
(3)
The trustees must apply any remaining property or money:
(a)
directly for the object;
(b)
by transfer to any other University of the Third Age (U3A) or the Trust or charities for purposes the same as, or similar to, the object of the U3A;
(c)
in such other manner as the Commission may approve in writing in advance.
(4)
The members may pass a resolution before or at the same time as the resolution to dissolve the U3A specifying the manner in which the trustees are to apply the remaining property or assets of the U3A and the trustees must comply with the resolution if it is consistent with paragraphs (a) - (c) inclusive in sub-clause (3) above.
(5)
In no circumstances shall the net assets of the U3A be paid to or distributed among the members of the U3A.
(6)
The trustees must notify both the Commission and The Trust promptly that the U3A has been dissolved. If the trustees are obliged to send the U3A's accounts to the Commission for the accounting period which ended before its dissolution, they must send the Commission the U3A's final accounts.
(7)
The U3A cannot continue to include the words or phrase University of the Third Age or U3A or any other similar configuration of words in its title or elsewhere if it ceases to be a member of The Trust.
6
Amendment of constitution
(1)
The U3A may amend any provision contained in Part 1 of this constitution provided that:
(a)
no amendment may be made that would have the effect of making the U3A cease to be a U3A at law;
(b)
no amendment may be made to alter the object if the change would undermine or work against the previous objects of the U3A;
(c)
any resolution to amend a provision of Part 1 of this constitution is passed by not less than two thirds of the members present and voting at a general meeting;
(2)
Any provision contained in Part 2 of this constitution may be amended, provided that
(a)
any such amendment is made by resolution passed by a simple majority of the members present and voting at a general meeting
(b)
A copy of any resolution amending this constitution shall be sent to the Commission and to The Trust within ninety days of it being passed.
Click here to see Part 2 of the constitution