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Llanon Village Hall and Playing Field 

Charity Registration Number 523867.  Registration date 11 July 1966

Governing Document: Declaration of Trust dated 27 September 1965

Deed of Declaration of Trust of Llanon Village Hall and Playing Fields Committee

a transcription

This DECLARATION OF TRUST is made the twenty seventh day of September One thousand nine hundred and sixty five BY LEWIS JAMES JONES of Aeronia, Llanon in the County of Cardigan, REVEREND EBEN EBENEZER of Min y Mor, Llanon aforesaid, BRINLEY JONES of the Post Office, Llanon aforesaid, JOHN ALUN DAVIES of Maesgwynne, Llanon aforesaid, DAVID DAVIES of Marion Villa, Llanon aforesaid, MARY SARAH BERYL EVANS of Ardwyn, Llanon aforesaid, ELIZABETH WILLIAMS of Manoravon, Llanon aforesaid, MARY JANE DAVIES of Pendre, Llanon aforesaid, SARAH ELIZABETH JENKINS of Derwent Dale, Llanon aforesaid, JENNIE JONES of Cleveland, Llanon aforesaid, GWILYM THOMAS DAVIES of Central Hotel, Llanon aforesaid, JANE MARGARETTA JONES of Talarvor, Llanon aforesaid, ANN MARY CAROLINE JONES of Talarvor, Llanon aforesaid, JOHN HUGHES MORRIS of Sunnyhill, Llanon aforesaid and GWILYM JAMES THOMAS of Glenholme, Llanon aforesaid all being members of the Llanon Village Hall and Playing Fields Committee (hereinafter called "the Trustees")

WHEREAS:

(i) By a Conveyance dated the Eleventh day of September One Thousand nine hundred and sixty four made between John Morgan Glyn James of the one part and the Trustees and the Reverend Gwilym Ifor Thomas of the other part All That piece or parcel of land delineated in pink on the plan annexed thereto measuring on each side thereof One hundred and five feet or thereabouts being part of Llainlwyd Field (part of enclosures numbered 71o and 71p on the O.S. Map of the district) situate at Llanon in the Parish of Llansantffraed in the County of Cardigan (hereinafter called "the Trust Property") was conveyed to the Trustees and the said Reverend Gwilym Ifor Thomas in fee simple upon trust for sale and upon such trusts and to and for such intents and purposes and with and subject to such powers and provisions as are expressed and contained in this Deed of Declaration of Trust which is executed in pursuance of the intention in that behalf set out in the now reciting Conveyance.

(ii) The said Reverend Gwilym Ifor Thomas has since retired as trustee of the trusts referred to in the said Conveyance.

NOW THE TRUSTEES HEREBY DECLARE as follows:-

Clause 1:

(1) The Trust Property shall be held upon trust for the purposes of a Village Hall and Playing Field for the use of the inhabitants of the Parish of Llansantffraed, Cardiganshire and the neighbourhood (hereinafter called "the area of benefit") without distinction of sex or of political, religious or other opinions, and in particular for use for meetings, lectures and classes, and other forms of recreation and leisure-time occupation, with the object of improving the conditions of life of the said inhabitants.

(2) The Charity hereby created (hereinafter called "the Foundation") shall, except as in this Deed provided, be administered in conformity with the provisions of this Deed under the title of the "Llanon Village Hall and Playing Field" by the Committee of Management hereinafter constituted, who shall be the administering trustees thereof.

(3) Until the end of the first Annual General Meeting to be held after the execution of this Deed the Foundation shall be administered by the Trustees.

Clause 2:  Vesting in the Official Custodian for Charities

The Committee and all persons holding any property on behalf of the Foundation shall, unless the Secretary of State for Education and Science (hereinafter called "the Secretary of State2) in writing otherwise directs, take such steps as may be necessary for the purpose of vesting in the Official Custodian fro Charities all freehold and leasehold lands and hereditaments at any time belonging to the Foundation.

Clause 3:  Committee of Management

(1)  The Committee of Management (hereinafter called "the Committee") shall consist of Elected and Representative Members and may include Co-opted Members.

(2)  Ten Elected Members of the Committee (other than those appointed under clause 5 to fill casual vacancies) shall be elected at the Annual General Meeting to be held as in this Deed provided for a term of office commencing at the end of the Annual General Meeting at which they were elected and expiring at the end of the Annual General Meeting in the following year.

(3)  Eleven Representative Members of the Committee shall be appointed by such appointing organisations as are set out in the Schedule and their names shall be notified by each appointing organisation to the Secretary of the Committee.  They shall, except in the case of such members appointed to fill casual vacancies, be appointed before the Annual General Meeting in any year for a term of office commencing at the end of the Annual General Meeting next after their appointment and expiring at the end of the Annual General Meeting in the following year.

(4)  The Committee shall have power to co-opt not more than three members to hold office until the end of the Annual General Meeting following their co-option.

(5)  Any competent member of the Committee may be re-appointed or re-elected.

Clause 4:  Additional Members

In the event of any application for representation on the Committee being received from any existing or newly-formed organisation operating in the area of benefit the Committee may, upon a resolution supported at a duly constituted meeting of the Committee by the vote of a majority of not less than two-thirds of all the members of the Committee, allow such organisation to appoint a Representative Member of the Committee in the same manner as if such organisation had been specified in the Schedule to this Deed.

Provided that no such resolution of the Committee shall be effective until it has been approved in writing by the Secretary of State.

Clause 5:  Casual Vacancies

Upon the occurrence of a casual vacancy the Committee shall cause a note thereof to be entered in their minute book at their next meeting and, if in the office of a Representative Member, it shall be notified as soon as possible to the proper appointing organisation.  A casual vacancy in the office of Elected Member may be filled by the Committee and in the office of Representative Member by the proper organisation.

A Member appointed to fill a casual vacancy shall hold office only for the unexpired term of office of the Member in whose place he is appointed.

Clause 6:  Failure to Appoint

The proceedings of the Committee shall not be invalidated by any failure to appoint or any defect in the appointment election or qualification of any member.

Clause 7:  Declaration of Members

No person shall be entitled to act as a Member of the Committee, whether on a first or on any subsequent entry into office, until after signing in the minute book of the Committee a declaration of acceptance and of willingness to act in the trusts of this Deed.

Clause 8:  Members not to be personally interested in the Foundation

Except with the approval in writing of the Secretary of State no Member of the Committee or his spouse, shall take or hold any interest in any property belonging to the Foundation, otherwise than as a trustee for the purpose thereof, or receive any remuneration, or be interested in the supply of work or goods, at the cost of the Foundation.

Clause 9:  Determination of Membership

Any Member who is adjudged bankrupt, or who makes a composition or arrangement with his creditors, or who is incapacitated from acting or who communicates in writing to the Committee a wish to resign, shall thereupon cease to be a Member.

Clause 10:  Meetings of Committee

The Committee shall hold at least two ordinary meetings in each year and may hold such other ordinary meetings as may be required.  A special meeting may be summoned at any time by the Chairman or any two Members upon seven clear days notice being given to all the other Members of the matters to be discussed.

Clause 11:  Chairman and Vice-Chairman

The Committee, at their first meeting in each year after the Annual General Meeting, shall elect one of their number to be Chairman of their meetings and may elect one of their number to be Vice-Chairman.  The Chairman and Vice-Chairman shall continue in office until their successors are respectively elected.

If the Chairman is absent from any meeting, the Vice-Chairman (if any) shall preside; otherwise the Members present shall, before any other business is transacted, choose one of their number to preside at that meeting.

Clause 12:  Voting

Every matter shall (except as in this Deed provided) be determined by the majority of the members present and voting on the question.  In case of equality of votes the Chairman shal have a second or casting vote.

Clause 13:  Annual General Meeting

(1)  There shall be an Annual General Meeting in connection with the Foundation which shall be held in the month of April each year or as soon as practicable thereafter.

(2)  All inhabitants of the area of benefit of eighteen years of age and upwards shall be entitled to attend and vote at the Annual General Meeting.

(3)  The first Annual General Meeting after the date of this Deed shall be convened by the Trustees and subsequent Annual General Meetings by the Committee.  Public notice of every Annual General Meeting shall be given in the area of benefit at least seven days before the date thereof by fixing a notice to some conspicuous part of the Trust Property or other conspicuous place in the area of benefit and by such other means as the Committee shall think fit.

(4)  The persons who are present at the first Annual General Meeting after the date of this Deed shall, before any other business is transacted, appoint a chairman of the meeting.  The Chairman of subsequent Annual General Meetings shall be the chairman for the time being of the Committee.  In his absence the Vice-Chairman (if any) shall take the chair but if neither is present, the persons present shall, before any other business is transacted, appoint a Chairman of the Meeting.

(5)  The Committee shall present to each Annual General Meeting the report and accounts of the Foundation for the preceding year.

Clause 14:  Application of Income

After payment of any expenses of administration, the net income of the Foundation shall be applied by the Committee in one or other or both of the following ways:

(a) In the maintenance, upkeep and insurance of the Trust Property and the payment of rates, taxes and other expenses in connection therewith and its use for the purposes specified in this Deed.

(b)  In otherwise furthering the purposes specified in this Deed.

Clause 15:  Repairs and Insurance

The Committee shall keep in repair and insure against fire, burglary, public liability and other insurable risks, all buildings of the Foundation not required to be kept in repair and insured by the lessees or tenants thereof.

Clause 16:  Surplus Cash

Any sum of cash at any time belonging to the Foundation and not needed as a balance for working purposes shall (unless otherwise directed by the Secretary of State) be treated as capital and invested.

Clause 17:  Further Endowments

The Committee may receive any additional donations or endowments for the general purposes of the Foundation.

Clause 18:  Minutes and Accounts

The Committee shall provide and keep a minute book and books of account.  All proper accounts in relation to the Foundation shall in each year be prepared and made out, and copies sent to the Parish Council of any parish within the area of benefit or to the Chairman of the Parish Meeting of any such parish where there is no Parish Council and (on demand) to the Secretary of State.

Clause 19:  Use by other Bodies and Persons

(1)  Subject and without prejudice to any use by the Committee for the purposes specified in this Deed, the Trust Property may be used, in accordance with any rules made by the Committee under Clause 22, for the said purposes, by such bodies or persons as the Committee determine free of rent but subject to a payment in respect of the expenses of and incidental to the maintenance and use of the Hall and Playing Field, and otherwise upon such terms as may be agreed.

(2)  The Committee may from time to time permit the Trust Property to be used otherwise than for the purposes specified in this Deed, subject to a payment sufficient at least to defray the expenses incidental to the use in each case, but so as not substantially to interfere with its use for the said purposes.

Clause 20:  Mortgages and Charges

The Committee may with the consent of the Secretary of State from time to time by mortgage or otherwise obtain such advances on the security of the Trust Property or ant part thereof as may be required for maintaining extending or improving the same or any part thereof ao erecting any building thereon or for the work carried on therein and may continue or repay in whole or in part and from time to time any existing mortgage or charge on the Trust Property.

Clause 21:  Liquidation

If the Committee decides at any time that on the grounds of expense or otherwise it is necessary or advisable to discontinue the use of the Trust Property in whole or in part for the purposes stated in Cause 1 it shall call a Meeting of the inhabitants of the age of eighteen years upwards of the area of benefit of which Meeting not less than fourteen days notice (stating the terms of the Resolution that will be proposed thereat) shall be posted in a conspicuous place or places on the Trust Property and advertised in a newspaper circulating in the area of benefit and if such decision shall be confirmed by a majority of such inhabitants present at such Meeting and voting the Committee may with the consent of the Secretary of State let or sell the Trust Property or any part thereof.  All moneys arising from such letting or sale (after satisfaction of any liabilities properly payable thereout) shall with such consent as aforesaid be applied either in the purchase of other property approved by the Committee and to be held upon the trusts for the purposes and subject to the provisions hereinbefore set forth (including this power) or as near thereto as circumstances will permit or towards such other charitable purposes or objects for the benefit of the inhabitants of the area of benefit as may be approved by the Secretary of State and meanwhile such moneys shall be invested in the name of the Official Custodian for Charities and any income arising therefrom shall either be accumulated (for such time as may be allowed by law) by investing the same and the resulting income thereof in like manner as an addition to and to be applied as the capital of such investments or shall be used for any purpose for which the income of the Trust may properly be applied.

Clause 22:  Rules and Regulations

Within the limits prescribed by this Deed the Committee from time to time may make and alter rules and regulations for the conduct of their business and for the summoning and conduct of their meetings the deposit of money at a proper bank, the custody of documents and in particular with reference to:

(a) The terms and conditions upon which the Trust Property may be used in accordance with the provisions of this Deed and the sum (if any) to be paid for such use;

(b) The appointment as Secretary (to hold office at their pleasure) of one of themselves without remuneration or some other fir person at such remuneration as the Committee may determine;

(c)  The appointment of an Auditor, Treasurer and such other unpaid officers as they may consider necessary and the fixing of their respective terms of office;

(d)  The engagement and dismissal of such paid officers and servants as the Committee may consider necessary; and

(e)  The number of Members who shall form a quorum at meetings of the Committee: provided that the number of Members who shall form a quorum shall never be less than one-third of the total number of Members for the time being.

Clause 23:  Questions under Deed

Any question as to the construction of this Deed, or as to the regularity or the validity of any acts done or about to be done under this Deed, shall be determined by the Secretary of State, upon such application made to him for the purpose as he thinks sufficient.

Clause 24:  Interpretation

The Interpretation Act 1889 applies for the interpretation of this Deed as it applies for the interpretation of an Act of Parliament.

THE SCHEDULE

Parochial Church Council of St. Bridget's, Llansantffraed

Parochial Church Council of Dewi Sant, Nebo

Minister and Deacons, Llanon Welsh Presbyterian Chapel

Minister and Deacons, Siloh Congregational Chapel, Llanon

Minister and Deacons, Nebo Congregational Chapel

Llansantffraed Parish Council

The Committee of Llanon Women's Institute

The Committee of Aelwyd yr Urdd, Llanon

The Committee of Llanon Horse Races

The Committee of Llanon Carnival

The Committee of Llanon Welfare

 

In witness whereof the parties hereto have hereunto set their hands and seals of the day and year first above written.

Lewis James Jones in the presence of L J Jones.  Reverend Eben Ebenezer in the presence of J Pritchard.  Mary Sarah Beryl Evans in the presence of Elizabeth Thomas.  Mary Jane Davies in the presence of G E G Hall.  Sarah Elizabeth Jenkins in the presence of A Lawford.  Jennie Jones in the presence of E A Enoch.  Gwilym Thomas Davies in the presence of J D Davies.  Jane Margretta Jones in the presence of J Whitehead.  Ann Mary Caroline Jones in the presence of J Pritchard.  John Hughes Morris in the presence of C M Morris.  Gwilym James Thomas in the presence of D A A Hughes

 

 

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