Konstytucje UGLE 2005 05 Grand charity regulations strony 288 do 321


TRUST DEED
REGULATIONS
AND OTHER DOCUMENTS
RELATING TO
THE
GRAND CHARITY
INCLUDING THE RULES OF THE
MASONIC RELIEF GRANTS COMMITTEE
OF THE COUNCIL OF THE GRAND CHARITY
PUBLISHED UNDER THE AUTHORITY OF THE
COUNCIL OF THE GRAND CHARITY 2004
Trust Deed of 16th April 1980
Incorporating amendments to the Trust Deed and Regulations
THE GRAND CHARITY
Registered Charity No 281942
60 GREAT QUEEN STREET LONDON WC2B 5AZ
ESTABLISHED BY THE UNITED GRAND LODGE OF ENGLAND
289
THE GRAND CHARITY
Notice of Promulgation
The Council of the Grand Charity having approved the
issue of this document containing its Trust Deed,
Regulations and other documents relating to the Grand
Charity which, having been approved by the members, is
hereby promulgated.
By Order of the Council
Richard L. Camm-Jones
Secretary
60 Great Queen Street
London WC2B 5AZ
10 March 2004
290
CONTENTS
Page
Section 1 Trust Deed 292-296
Section 2 Regulations (First Schedule) 297-308
Section 3 Rules of the
Masonic Relief Grants Committee 309-313
Section 4 Powers of the Trustees
(Second Schedule) 314-319
Section 5 Charity Commission Scheme
dated 2nd April 2002 320-321
RECORD OF AMENDMENT TO THE REGULATIONS OF
THE GRAND CHARITY
Date approved by
Change No. Date of Insertion
Grand Charity
291
Section 1
THIS TRUST DEED is made the 16 day of April One
thousand nine hundred and eighty Between Jeremy
Pemberton, Charles Gordon Hutchins and Arthur James
Davis all of Freemasons Hall, Great Queen Street,
London WC2B 5AZ of the one part and MASONIC
CHARITY TRUSTEE LIMITED a company limited by
guarantee but whose registered office is at 57 Chiswell
Street London EC1Y 4SY (hereinafter called  the
Original Trustee ) of the other part.
WHEREAS
(1) The United Grand Lodge of Ancient Free and
Accepted Masons of England (hereinafter called
 the Grand Lodge ) has resolved to establish a
fund for the purpose of receiving contributions
made by Freemasons of the English Constitution
and others to be held on exclusively charitable
trusts.
(2) The Original Trustee is a company incorporated
under the Companies Acts 1948 to 1976 the
objects of which are (inter alia) to act as trustee of
property received by it for charitable purposes and
as such to receive and hold any property
investments and cash which may be vested in it.
(3) The Grand Lodge has caused to be paid to the
Original Trustee the sum of Ł200 and has resolved
that the parties hereto of the one part shall execute
on behalf of the Grand Lodge a deed (being this
deed) declaring the trusts on which the said sum
and any additions thereto shall be held.
292
NOW THIS DEED WITNESSETH as follows:-
Definitions:-
1. (a) The Charity hereby constituted shall be
known as  The Grand Charity or such other name
as shall be substituted therefor from time to time.
(b) In this Deed and in any Regulations made
hereunder where the context permits:
 the Book of Constitutions means such edition of
the Book of Constitutions as may be the current
revised edition thereof approved by the Grand
Lodge including all amendments made thereto as
at the date upon which reference may be made to
the Book of Constitutions for the purposes of this
Trust Deed;
 the Council means the Council of the Grand
Charity;
 the Regulations means the current Regulations
as adopted by the Grand Charity in accordance
with clause 7;
 the Trustee includes the Original Trustee and
any other trustee or trustees for the time being of
the Grand Charity;
 the Trust Fund means:-
(i) the said sum of two hundred pounds and
(ii) all monies investments and property paid or
transferred to and accepted by the Trustee as
additions to the Trust Fund and
(iii) the investments and property from time to
time representing such investments and
additions or any part or parts thereof and any
accumulations of the income thereof.
293
(c) Words importing the singular number only
shall include the plural number and vice versa.
(d) Any reference to persons by Office or Rank
shall mean the holder for the time being of that
Office in The Grand Lodge in accordance with the
Book of Constitutions and any other Masonic term
or reference shall have the same meaning as that
designated in the Book of Constitutions.
(e) Words importing persons shall include
corporations.
2. Objects
(a) The Trustee shall hold the Trust Fund and the
income thereof upon trust for charitable application
absolutely.
(b) The Trust Fund shall be applied for such
charitable institutions, objects or purposes as the
Council shall in its absolute discretion from time to
time determine, but subject to such approvals or
consents as may for the time being be prescribed by law
or in the Regulations set out in the Trust Deed as
amended from time to time.
3. Officers of the Grand Charity
The Grand Master for the time being shall be ex officio
the Grand President of the Grand Charity.
4. The Pro Grand Master (or if there is no Pro Grand
Master, the Deputy Grand Master) for the time being
shall be ex officio the Deputy Grand President of the
Grand Charity.
5. There shall be a Vice Grand President of the Grand
Charity who shall be appointed annually by the Grand
President.
294
6. Members of the Grand Charity
The Members of the Grand Charity shall be members of
Grand Lodge and all master masons who are
subscribing members of London and Provincial Lodges
under the United Grand Lodge of England, subject to
the right of any brother to decline membership of the
Grand Charity by notice in writing to the Secretary of
the Grand Charity.
7. Regulations
The Grand Charity, including the composition of the
Council and its organisation and administration, shall
be governed by the Regulations set out in the First
Schedule to the Trust Deed as amended from time to
time.
8. Management
The affairs of the Grand Charity shall be managed by
the Council which may exercise all the powers which
are not by law or by the Regulations required to be
exercised by the members in General Meeting. The
management shall however be subject to directions,
(not being inconsistent with the Trust Deed or the
Regulations), which may be prescribed by the members
in General Meeting; but no such direction shall
invalidate any prior act of the Council or of the
President which would have been valid if that direction
had not been made.
9. The Trustee shall hold the Trust Fund as to so
much thereof as shall consist of money upon trust to
retain the same or any part thereof uninvested for so
long as the Council shall think fit or at any time or
times in the discretion of the Council to invest the same
or any part thereof in manner hereby authorised and as
295
to property other than money upon trust to allow the
same or any part thereof to remain in its then state of
investment or condition for so long as the Council may
think fit or at any time or times in the discretion of the
Council to sell call in or convert into money the same
or any part thereof and shall hold the same upon the
trusts and with and subject to the powers and provisions
herein declared.
10. Each and every power and discretion hereby or by
law conferred upon the Trustee (including the
additional powers set forth in the Second Schedule)
shall be exercisable according to the directions of the
Council.
11. The Trustee may act as the sole trustee hereof and
any other body corporate (whether or not being a Trust
Corporation as defined by the Trustee Act 1925 as
amended) may be appointed an additional trustee or the
sole trustee hereof on such terms as to reasonable
remuneration and otherwise as the Council shall
approve but the Trustee shall charge only the actual
costs incurred in or about the performance of its duties
hereunder.
12. The Trustee may make use of facilities provided
by the Grand Lodge in connection with the
management of the Trusts hereof and may pay to the
Grand Lodge all such costs charges and expenses as
may be properly charged by the Grand Lodge therefor.
In Witness whereof the individual parties hereto have
hereunto set their hands and seals and the Original
Trustee has caused its Common Seal to be hereunto
affixed the day and year first above written.
296
Section 2
THE FIRST SCHEDULE
Regulations
As approved by the members on 10 March 2004
Definitions
0201. In these Regulations, where the context permits:
 Appointed Members means members of the
Council appointed by the Grand President;
 Appointed Members of Festival Provinces
means members of the Council appointed by the
Provincial Grand Masters respectively for the
immediate past, current and next succeeding Festivals
in support of the Grand Charity;
 The Deputy Grand President means the Pro
Grand Master for the time being or, if there is no Pro
Grand Master, the Deputy Grand Master for the time
being;
 Elected Member means a Provincial Member or
a London Member;
 Festival Provinces means those Provinces
holding a Festival in support of the Grand Charity;
 The Grand President means the Grand Master
for the time being;
 London Members means members of the
Council elected to represent London Lodges;
 Provincial Members means members of the
Council elected to represent Provincial Lodges;
 The Vice Grand President means the Vice
Grand President currently appointed by the Grand
President;
297
President, Deputy President, Treasurer,
Vice-Presidents, Chief Executive and Secretary
0202. (a) There shall be a President of the Grand
Charity who shall be appointed annually by the Grand
President in his capacity as the Grand Master at the
Annual Investiture of Grand Lodge.
(b)There shall be a Deputy President who shall be
appointed annually by the Grand President.
(c) There shall be a Treasurer who shall be
appointed annually by the Grand President.
(d)The appointments of the Deputy President and
Treasurer shall be announced at the Annual General
Meeting of the Grand Charity.
(e) There shall be two Vice-Presidents of the
Grand Charity, both of whom shall be elected annually
by the Council from among its members. The Vice-
Presidents shall retire at the end of their year of office
but may be eligible for re-election for one further year
so long as they remain members of the Council.
(f) There shall be a Chief Executive and Secretary
of the Grand Charity and the Council shall have the sole
power of appointing and removing them.
The Council
0203. (a) The Council shall consist of the following
members of the Grand Charity:-
(i) The President, Deputy President and Treasurer
shall be appointed by the Grand President.
(ii) A further nine members shall be appointed to
serve for a period of three years by the Grand
President.
298
(iii)Nine members shall be elected to serve for a
period of three years as Provincial Members
from the groups of Masonic Provinces.
(iv) Three members shall be Appointed Members
of Festival Provinces and shall be appointed
at the Annual General Meeting to serve for a
maximum period of three years by the
Provincial Grand Masters for the immediate
past, current and next succeeding Festival
Provinces.
(v) Three members shall be elected to serve for a
period of three years to represent London
Members.
(vi) Past Presidents of the Council shall be
entitled to remain members of the Council
until the Annual General Meeting
immediately following their attainment of
the age of seventy-five years.
(b) If the Council shall so resolve, additional
members, not exceeding four may be co-opted for a
period not exceeding one year.
(c) Except with the consent of the Grand
President, no Brother who is a Provincial or District
Grand Master or a Grand Superintendent or who is an
executive member of any of the other principal masonic
charities, a member of Grand Lodge s Board of General
Purposes, or the Committee of General Purposes of
Supreme Grand Chapter, shall be eligible for election as
an Elected Member. All members of the Council must
be Past Masters of Lodges of the English Constitution
of Freemasonry, qualified under Rule 9 of the Book of
Constitutions.
299
(d) Save for the President, Deputy President,
Treasurer, Appointed Members of Festival Provinces
and members who are co-opted, members of the
Council shall serve for an initial period of three years
and then retire. Each member retiring shall be eligible
for re-appointment or re-election twice only. Upon his
third retirement, that member shall not be eligible for
re-appointment or re-election until a period of one year
has elapsed. The members retiring shall be those who
have held office for the longest period since their last
appointment or election.
(e) At the conclusion of the Annual General
Meeting each year, three of the Appointed Members
(excluding the President, Deputy President and
Treasurer), three of the Provincial Members and one of
the London Members shall retire.
(f) Any casual vacancy in the number of
Appointed or Elected Members may be filled by the
Grand President and the Council respectively. Any
brother so appointed shall retire when the member he
replaced would have retired had he remained in office.
(g) The election of three brethren each year as
Provincial Members shall be organised by the groups of
Masonic Provinces in such manner as may be approved
by the Council from time to time. If nominations
exceed vacancies, a ballot should be held. The names
of those elected shall be conveyed to the Secretary at
least 56 days before the Annual General Meeting at
which they will then be announced.
(h) The election of one brother each year as a
London Member shall be organised by the Metropolitan
Grand Lodge of London. If nominations exceed
300
vacancies, a ballot should be held. The name of the
brother elected shall be conveyed to the Secretary at
least 56 days before the Annual General Meeting at
which it will then be announced.
(i) Any member of the Council may resign by
giving notice in writing to the Secretary.
(j) If any Appointed Member shall be absent
from the proceedings of the Council or the meetings of
any committee to which he has been nominated for
more than half the number of meetings held during the
year, the fact shall be reported to the Grand President.
(k) If any Elected Member shall be absent from
the proceedings of the Council or the meetings of any
committee to which he has been nominated for more
than half the number of meetings held during the year
(except through illness or some other cause sufficient in
the opinion of the Council), he shall be deemed to have
resigned from the Council and shall not be eligible for
re-election.
(l) A member of the Council shall automatically
retire at the conclusion of the Annual General Meeting
immediately following the attainment by him of the age
of seventy-five years and he shall not thereafter be
eligible to serve on the Council.
(m) The Council may make such Regulations as
it deems necessary for the suspension or expulsion of
any Elected Member of the Council.
301
Powers and Duties of the Council and the President
0204. (a) The Council may make rules for the
disbursement of any of the funds of the Grand Charity
but subject thereto separate accounts shall be
maintained for the general fund of the Grand Charity
and those sums received by the Grand Charity which
are earmarked by the donor for the credit of the
designated funds account.
(b) The Council may make out of the general
fund of the Grand Charity such payments or loans for
Masonic charitable purposes as it shall decide.
(c) Payments or loans may be made out of the
general fund of the Grand Charity for non-Masonic
charitable objects or purposes which shall either be
approved by a resolution of the Grand Charity in
General Meeting or can be the subject of directions
under clause 8 of the Trust Deed.
(d) The President shall have authority to make
emergency grants for either Masonic or non-Masonic
charitable purposes of up to Ł100,000 each. These
emergency grants shall be reported to the Council and
to the Grand Charity in General Meeting, and can be
the subject of directions under clause 8 of the Trust
Deed. Emergency grants made by the President shall
not total more than Ł200,000 between General
Meetings.
(e) Payments or loans out of the designated
funds account to or for either Masonic or non-Masonic
charitable objects or purposes may only be made in
accordance with rules to be made by the Council from
time to time for the operation of the designated funds
account.
302
0205. The Council shall be responsible for the
administration and control of the affairs of the Grand
Charity, and shall have all powers conferred by the
Trust Deed which shall further the objects of the Grand
Charity.
0206. The Council shall cause to be kept proper
accounting records to include all receipts, payments,
assets and liabilities in connection with the Grand
Charity.
0207. The Council shall each year report to the Grand
Charity in General Meeting concerning its activities for
the past year.
Meetings of the Council
0208. The Council shall meet as often as it considers
necessary but in any case not less than four times in
each year at such times as it shall determine.
Note: In practice it meets on the third Wednesday in
January, April, July and October.
0209. The President, the Deputy President or one of the
Vice-Presidents, or failing him the Brother who holds
the most senior rank within the Craft shall preside at
meetings of the Council. Brethren of identical rank
shall take seniority by date of appointment to that rank.
0210. Nine members shall form a quorum and proceed
to business. Save for amendments to the Trust Deed, all
questions shall be decided by a majority of votes, the
presiding Brother having a second vote in case of
equality.
303
0211. Any matters specially referred to the Council by
the Grand President shall have precedence over all
other business.
0212. The Council may appoint from among its members,
Committees (of which the President, the Deputy President
and Vice-Presidents shall be members ex officio) which
shall consider and report to the Council on all matters
referred to them. Each Committee shall have:
(a) power to invite to any of its meetings for the
purpose of consultation brethren (whether members of
the Council or not) or other persons possessing special
knowledge of any subject with which the Committee
has to deal;
(b) power to appoint sub-Committees from the
members of the Committee and to specify the terms of
reference thereof; such sub-Committees to report in the
first instance to the Committee from which they are
formed.
Note: Four Committees have been appointed by the
Council, namely the Executive Committee, the
Finance Committee, the Masonic Relief Grants
Committee and the Appeals and Donations Committee.
0213. (a) Minutes shall be kept of all proceedings of the
Council and any Committee thereof, and shall be
entered in books kept for that purpose.
(b)The Trustee and any purchaser, mortgagee or
other person dealing with the Trustee in relation to any
property belonging to the Grand Charity, shall be
entitled to act, or rely upon any copy of any minutes of
any such proceedings, which is certified to be a correct
copy by any two members of the Council.
304
General Meetings
0214. All members of Grand Lodge and master masons
who are subscribing members of London or Provincial
Lodges under the United Grand Lodge of England are
members of the Grand Charity and are entitled as such
to attend General Meetings unless they have declined
membership by giving notice in writing to the
Secretary.
0215. The Grand Charity shall hold a General Meeting
in every year as its Annual General Meeting. The
meeting shall be held on the same day and at the same
place as one of the Quarterly Communications of Grand
Lodge, at such time as the Council shall appoint, or at
any other time or place if the Grand President so directs.
Note: In practice, this meeting is normally held in
March.
0216. The business of the Annual General Meeting
shall be:-
(a) to discuss such matters as the Council shall
deem proper and shall place upon the Agenda;
(b) to announce the Grand President s
appointments, the results of the elections of Provincial
and London Members of the Council and the names of
Appointed Members of Festival Provinces;
(c) to consider and, if thought fit, to approve any
specific or general proposal by the Council as to how
the Trust Fund shall be paid, or applied, in carrying out
the objects of the Grand Charity as defined in Clause 2
of the Trust Deed;
305
(d) to elect the auditor of the Grand Charity for
the following year;
(e) to receive the Annual Report of the Council
and the audited accounts of the Grand Charity;
(f) to consider such other business (if any) as
shall have been notified to the Secretary in writing,
delivered to him not less than twenty-eight days before
the date of the meeting, and signed by not less than
twenty-five members of the Grand Charity.
0217. General Meetings of the Grand Charity (other
than the Annual General Meeting) shall be called by the
Secretary of the Grand Charity when directed either by
the Grand President or by the Council.
0218. The Secretary of the Grand Charity shall convene
General Meetings of the Grand Charity by forwarding
at least ten days before each meeting a paper of the
business to be presented, together with the minutes of
the immediately preceding General Meeting of the
Grand Charity (if available), to all members of the
Council, Grand Officers present and past, and two
copies of the paper of business and minutes to the
Secretary of every Lodge. The accidental omission to
give notice of a meeting to, or the non-receipt of notice
of a meeting by, any person entitled to receive notice,
shall not invalidate the proceedings at that meeting.
0219. (a) The chair at all General Meetings shall be
taken by the Grand President, the Deputy Grand
President, the Vice Grand President or such other
Brother as the Grand President shall appoint to act in
his place.
306
(b) Fifty members shall be a quorum. No
business shall be transacted at any General Meeting
unless a quorum of members is present at the time when
the meeting proceeds to business.
0220. At any General Meeting a resolution put to the
vote of the meeting shall be decided on a show of
hands. In the case of an equality of votes the Chairman
of the meeting shall be entitled to a second vote.
Note: It has become customary for one General
Meeting to be held each year in one of the Provinces.
At this occasion members are encouraged to invite
their ladies and other guests to attend so that the work
of the Grand Charity can be more widely and openly
explained.
Annual Accounts and Audit
0221. An Annual Report and Statement of Accounts
made up to 30 November each year (or such other date
as shall be adopted by the Council) shall be prepared by
the Council.
0222. The Annual Statement of Accounts of the Grand
Charity shall be audited by an auditor qualified under
Section 25 of the Companies Act 1985 (or any
subsequent enactment) to be elected by members in
General Meeting. The auditor shall conduct the audit
and report upon the Statement of Accounts in
accordance with the Charities Act 1993 and recognised
auditing standards.
0223. The Annual Report and audited Statement of
Accounts shall be delivered to the Charity Commission
and copies shall be made available to all members
307
attending the General Meeting at which they are to be
approved. They can also be accessed on the Grand
Charity website: www.grandcharity.org
Additional Powers of the Council
0224. (a) Subject to the provisions of Clause 3 of the
Scheme of the Charity Commission dated 2 April 2002,
the Council has power to amend the provisions of the
Trust Deed dated 16 April 1980, but any such
amendment must be made by resolution of the Council
and must be ratified by a resolution of the members at
a General Meeting. A majority of not less than two-
thirds of those members present and voting shall be
required for a resolution to amend the provisions of the
Trust Deed.
(b) These Regulations may be amended by
adding, deleting or altering any Regulation by
resolution of the Council which must be ratified by a
resolution of the members at a General Meeting,
provided always that no such addition, deletion or
alteration shall be valid if its effect would or might be
to destroy or impair the charitable status of the Grand
Charity. A simple majority of votes at each meeting
shall be sufficient to amend the Regulations.
(c) If the Council deems it necessary or desirable
and subject to the prior approval of the Grand President
and the Charity Commissioners, the Council may vary
the name of the Grand Charity by resolution which
must be ratified by a resolution of the members in
General Meeting. A majority of not less than two-thirds
of those members present and voting shall be required
to vary the name of the Grand Charity.
308
Section 3
RULES OF THE
MASONIC RELIEF GRANTS COMMITTEE
Adopted by Resolution of the Council on 17 April 2002
Masonic Relief Grants Committee
0301. The Masonic Relief Grants Committee shall
consist of not less than eight members of the Council of
the Grand Charity to be appointed each year by the
Council. A Chairman and Deputy Chairman shall be
elected by the Committee annually.
Meetings
0302. The Masonic Relief Grants Committee shall
meet on the third Wednesday in every month and,
subject to the directions of the Council, shall consider
applications for financial assistance. The Masonic
Relief Grants Committee shall report its proceedings to
the quarterly meetings of Council.
Vacancies
0303. The Council shall fill any vacancy arising in the
membership of the Masonic Relief Grants Committee
at its earliest convenience.
Absence of Chairman or Deputy Chairman
0304. In the absence of the Chairman from any
meeting, the Deputy Chairman shall preside. If both
shall be absent, a member appointed by the President
shall preside. Three members of the Committee present
shall form a quorum.
309
Responsibility of presiding member
0305. The member presiding shall be bound strictly to
enforce all the regulations of the Grand Charity
respecting the distribution of the funds of the Grand
Charity. Save when assistance may be granted in
exceptional circumstances under Rule 0310, he shall be
satisfied that all the required formalities have been
complied with.
Disqualification from voting
0306. The Committee members should not be subject
to canvass or solicitation. No Committee member shall
at any time vote upon an application for which he has
been canvassed or solicited, or for an application on
behalf of a person to whom he is related, or upon the
application of a Brother (or his dependent) who is or
was a member of a Lodge to which the Committee
member himself belongs. Such member may be heard
on the merits of the application after declaring his
interest, but shall be disqualified from voting on the
application.
Qualifications for consideration
0307. Any Brother initiated into a Lodge under the
United Grand Lodge of England, or who has joined
from another Constitution, may apply to the Grand
Charity for financial assistance. If at the time of the
death of a Brother he would have been qualified under
this Rule, the Masonic Relief Grants Committee may, if
it thinks fit, grant assistance to his widow, or any other
person with whom he had been closely connected
immediately before his death, for general living
requirements.
310
Applications for financial assistance
0308. (a) Applications for financial assistance shall be
made on the prescribed form, copies of which may be
obtained from either the Grand Charity office, or the
Grand Secretary s office or the Provincial or District
Grand Secretary s office, as the case may be. Unless
physically incapable, the applicant must sign the
application.
(b) Applicants must be visited in their own home
by any member of the Craft who will afterwards be
referred to as the Visiting Brother. He must be
responsible for completing the form and answering all
the questions contained therein. Applicants should not
complete the forms themselves.
(c) An application to the Masonic Relief Grants
Committee of the Council of the Grand Charity must be
reported to an appropriate Lodge into which the
Brother, upon whose membership the application is
made, was initiated or accepted as a joining member
(except where no such Lodge still meets or it is in
another country from where the applicant resides). The
Almoner of that Lodge (or failing him the Secretary or
failing him some other member of that Lodge even if he
is also the Visiting Brother) must sign the application
form as the person responsible for informing the Lodge
that the application is being made (except where no
such Lodge still meets or it is in another country from
where the applicant resides).
(d) The application form should not be presented
at a Lodge meeting or discussed in detail. If the
applicant is a subscribing member of the Lodge, care
should be taken as to how the matter is reported and the
311
Lodge should consider not mentioning the applicant s
name. The financial details contained in the application
form should at all times remain private and
confidential.
(e) If the Lodge knows of any information that it
feels should be reported to the Masonic Relief Grants
Committee of the Council of the Grand Charity, it
should be made known in writing, either with or
separately from the application form.
(f) If the Lodge is a Provincial or District Lodge,
the application must be forwarded in the first place to
the appropriate Provincial or District Grand Lodge
(except where the applicant lives in another country)
which shall provide such comment on the application as
it feels necessary. The report of the Province or District
shall be signed by the person duly appointed by that
Province or District. If the Lodge is NOT under a
Province or a District, the application must be
forwarded direct to the Grand Charity office.
(g) Once completed and signed by the Visiting
Brother, the Lodge representative, the Provincial or
District representative and the applicant, as required by
these Rules, the form must be forwarded to the Grand
Charity office. The form should not be delayed at any
stage in its process so as to allow a period of more than
two months from the date on which the applicant was
visited until the time when the form is received by the
Secretary of the Grand Charity at the Grand Charity
Office.
312
Time for presenting applications
0309. Applications received at the Grand Charity office
before the first Wednesday of a month, will normally be
considered by the Masonic Relief Grants Committee at
its meeting to be held later in that month. Other than in
exceptional circumstances, only one grant shall be
made on behalf of an applicant in a twelve month
period. Applications may be made annually or less
frequently as required.
0310. In exceptional circumstances, financial
assistance may be given even though the application
does not comply with Rules 0307, 0308 and 0309.
0311. The Chief Executive or, in the absence thereof,
the Secretary of the Grand Charity, may grant financial
assistance under Rule 0310. Rule 0305 shall not apply,
but they shall be bound strictly to enforce all the
regulations of the Grand Charity respecting the
distribution of the funds of the Grand Charity. Grants
made under this Rule shall be subject to such
restrictions as the Council shall impose and shall be
reported at the next meeting of the Masonic Relief
Grants Committee.
313
Section 4
THE SECOND SCHEDULE
In addition to all other powers conferred by law the
Trustee in furtherance of the execution of the Trust
herein declared but not further or otherwise (subject
always to such consent as may be by law required) shall
have the following powers exercisable according to the
directions of the Council that is to say:
(a) Power to invest any moneys requiring investment
hereunder in upon or towards the acquisition or upon
the security of any stocks shares property and chattels
of whatsoever nature and wheresoever situate and the
Trustee shall have the same unrestricted powers of
investing and transposing investments in all respects as
if it was absolutely entitled to the Trust Fund
beneficially.
(b) Power at any time or times as and when the
Council shall think expedient to apply any part of the
Trust Fund in or towards the acquisition by purchase or
on lease or otherwise of any freehold or leasehold land
(including the costs incidental thereto) and in erecting
or demolishing and rebuilding or enlarging improving
or altering or decorating and furnishing at any time and
from time to time any buildings upon such land or any
part thereof and in fitting up the same or any part
thereof as the Council may think desirable and from
time to time to set apart any part or parts of the Trust
Fund and to accumulate the income thereof so long as
the law permits by investing the same and the resulting
income thereof in any investments herein authorised as
a building fund with a view to such fund being applied
as and when the Council shall think fit for the purposes
314
expressed in the trusts herein declared or any of them
any land acquired under this power being conveyed or
demised to or otherwise vested in the Trustee.
(c) Power at any time to sell (with such consent as
may be required by law) any land acquired under the
foregoing power or any other land which may be or
become for the time being subject to the trusts herein
declared and to buy in and resell the same without
being responsible for any loss that may be incurred
thereby any moneys arising from any such sale or under
any sale under any statutory power being deemed to be
part of the Trust Fund and to be applicable accordingly.
(d) Power to co-operate with other persons and
institutions having objects of an exclusively charitable
nature.
(e) Power to sell or otherwise deal with any interest
under any settlement or will forming part of the Trust
Fund whether or not such interest has fallen into
possession in such manner and in all respects as the
Council shall in their absolute and uncontrolled
discretion think fit.
(f) Power to hold any property or asset forming part of
the Trust Fund in the name of a nominee or nominees
for the Trustee.
(g) Power subject to such consents as may from time
to time be required by law to borrow any sums of
money upon such terms and otherwise as the Council
shall in their absolute discretion think fit and for that
purpose to charge the whole or any part of any property
subject to the trusts hereof and any sums so raised or
borrowed as aforesaid shall be treated as an accretion to
the Trust Fund.
315
(h) Power at any time or times to enter into any
compromise or arrangement with respect to all or any
of their rights as debenture holders debenture
stockholders creditors or shareholders of any company
(whether in connection with a scheme of reconstruction
or amalgamation or otherwise) and to accept in or
towards satisfaction of all or any such rights such
consideration as they shall in their discretion think fit.
(i) Powers of administration management and
exploitation of an absolute beneficial owner in respect
of any property forming part of the Trust Fund of the
Grand Charity.
(j) Power to retain and act upon the advice or opinion
of any lawyer broker accountant or other professional
person (whether or not insofar as they may act on it the
advice or opinion aforesaid was obtained by them)
provided that neither the Trustee nor the Council shall
be responsible for any loss occasioned by so acting.
(k) Power to make such provision for the maintenance
of records or registers and the provision of professional
or other services for any other charitable institution
upon payment or gratuitously and to employ or instruct
any person or firm for that purpose in all respects as the
Council shall think fit.
(l) Power to act as a depositary of monies by
receiving monies or funds of any Masonic body or
bodies, operate accounts, receive and pay interest
thereon in such manner as the Council shall consider to
be conducive to the objects of the Grand Charity
subject to obtaining such licence or licences as may be
required to enable them so to act.
316
(m) Power by deed with the consent of the members at
a General Meeting of the Grand Charity to vary or
enlarge the powers of the Trustee hereunder or restrict
the powers either particularly or generally.
(n) Power to apply any income of the Trust Fund in or
towards the payment or discharge of any duties taxes
levies charges fees or other outgoings or the
maintenance or improvement of any property or assets
subject to the trust hereof which but for the provisions
of this Clause would be payable out of or charged upon
the capital of the Trust Fund or any part thereof.
(o) Power to make grants or other payments for any
charitable purpose.
(p) Power to use as income applicable hereunder all or
any of the Trust Fund or accumulations of income
thereof.
(q) Power to accumulate income for any period for the
time being permitted by law.
(r) Power when making grants of any funds to any
charitable organisation or charitable institution to
accept as a good discharge in respect of any such funds
the receipt of the Treasurer or Secretary or other
authorised officer for the time being of such charitable
organisation or charitable institution.
(s) In respect of monies forming part of the Trust Fund
available for distribution the Trustee may in lieu of
making any grant or donation thereof lend the same to
such person body or institution with or without security
and at such interest rate if any as the Council shall think
fit provided that in respect of any such loan which is not
made on commercial terms as an investment of trust
317
monies it shall not be made unless if it had been made
as a grant or donation it would have been for a
charitable purpose.
(t) Power at any time or times to appropriate any
property subject to the trusts hereof in its actual
condition or state of investment at the time of
appropriation in or towards satisfaction of a grant or
donation made hereunder in such manner as to them
may seem just and reasonable and may for the purpose
of such appropriation ascertain and fix the value of the
respective items of property so subject as aforesaid in
such manner in all respects as the Council shall think fit
and every appropriation and valuation made pursuant to
this Clause shall be binding on all persons then or
thereafter interested thereunder.
(u) Power to collect and receive donations (whether
periodical or other) and to organise Festivals Appeals or
other means of collecting money as the Council shall
think fit and to participate in the Direct Debit Scheme
(operated from time to time by the Association for
Payment Clearing Services) as an Originator for the
purpose of collecting donations and/or any other
amounts due to the Grand Charity. In furtherance of
this object the Trustee may enter into an Indemnity
required by the Banks upon which Direct Debits are to
be originated. Such an Indemnity may be executed on
behalf of the Trustee by officials nominated by the
Council in an appropriate resolution.
(v) Power to create a permanent endowment fund for
the Grand Charity.
(w) Power to employ or contribute to the cost of the
employment of a Chief Executive, a Secretary and such
318
other staff as may from time to time be expedient and
to make all reasonable and necessary provisions for the
payment of pensions and superannuation to or on behalf
of employees and their widows or other dependants.
(x) Power to pay the remuneration of any lawyer
broker accountant banker stockbroker or other person
and of the Chief Executive, Secretary and other staff as
aforementioned and all other costs charges and
expenses incurred in connection with the management
and administration of the Grand Charity out of the Trust
Fund and to make such reserves and provisions as may
appear reasonable.
(y) Power to insure the property of the Grand Charity
against any foreseeable risk and take out other
insurance policies to protect the Grand Charity when
required.
(z) Power to enter into any compromise or
arrangement with the executors or any other
beneficiaries of a will under which the Grand Charity is
also a prospective beneficiary.
319
Section 5
The Scheme of the Charity Commission dated the
2nd April 2002
1. Definitions
In this scheme:
 the charity means the charity identified at the
beginning of this scheme.
 the Council means the trustees of the charity.
 the Trust Deed means a Trust Deed dated 16th
April 1980, the governing document of the
charity.
2. Administration
The charity is to be administered and managed in
accordance with its existing Trust Deed as
affected by this scheme.
3. Power of amendment
(1) Subject to the provisions of this clause, the
Council may amend the provisions of the
Trust Deed.
(2) Any amendment must be made by a
resolution passed by the trustees as ratified
by a resolution of the members at a general
meeting. The notice of the general meeting
must include notice of the resolution, setting
out the terms of the amendment proposed.
320
(3) The Council must not make any amendment
which would:
(a) vary clause 2 of the Trust Deed (the
objects clause);
(b) confer a power to dissolve the charity;
(c) enable them to spend permanent
endowment of the charity.
(4) The Council must obtain the prior written
approval of the Commissioners before
making any amendment which would:
(a) vary the name of the charity.
(5) The Council must:
(a) promptly send to the Commissioners a
copy of any amendment made under this
clause; and
(b) keep a copy of any such amendment with
the governing document and this scheme.
4. Questions relating to the Scheme
The Commissioners may decide any question put to
them concerning:
(1) the interpretation of this scheme; or
(2) the propriety or validity of anything done or
intended to be done under it.
321


Wyszukiwarka

Podobne podstrony:
Konstytucje UGLE 2005 02 Appendix strony 159 do 192
Konstytucje UGLE 2005 04 Appendix strony 256 do 287
NF 2005 05 balet słoni
2005 05 Egzamin maturalny odp
2005 05 Software News
2005 05 44
A Gwiżdż System źródeł prawa w Konstytucji RP 2005
S RF3 English 2005 05 25
NF 2005 05 execute
2005 05 45
NF 2005 05 brudne brzegi

więcej podobnych podstron