- Screen Colours:
- Normal
- Black & Yellow
Sealed 12th September 1997.
238(s)
County Suffolk
Place- Icklingham
Charity -1. Fuel Allotment
2. Alice Dix
3. Educational Foundation of Alice Dix
CHARITY COMMISSION
In the matter of the following Charities, in the Parish of Icklingham, in the County of Suffolk:-
1.The Charity known as the Fuel Allotment, comprised in an inclosure award dated the 23rd January 1816 made in pursuance of the Act of Parliament of the year 1813,53Geo.IIIC.29;
2.The Charity of Alice Dix, regulated by a Scheme of the Charity Commissioners of the 27th February 1874, as varied or affected by a Scheme of the Commissioners of the 27th June 1907;
3.The Educational Foundation of Alice Dix, regulated by the abovementioned Scheme of the 27th February 1874, as varied or affected as aforesaid by the above-mentioned Scheme of the 27th June 1907; and In the matter of the Charities Act 1993.
THE CHARITY COMMISSIONERS FOR ENGLAND AND WALES HEREBY ORDER that the following Scheme be approved and established as the Scheme for the regulation of the above-mentioned Charities:-
1. Administration of Charities. (1) The above-mentioned Charities and the property thereof specified in the schedule hereto and all other the property (if any) of the Charities shall be administered and managed together as one Charity (hereinafter referred to as the Charity) subject to and in accordance with the provisions of this Scheme by the body of Trustees hereinafter constituted.
(2) The name of the Charity shall be the Alice Dix Charity or such other name as the Trustees from time to time by resolution may decide with the prior approval of the Charity Commissioners.
2. Investment of cash. All sums of cash now or at any time belonging to the Charity, other than sums of cash needed for immediate working purposes, shall be invested in trust for the Charity.
3. Vesting. The land specified in the said schedule and belonging to the Charity numbered 1 above, is hereby vested in the Official Custodian for Charities for all the estate and interest therein belonging to or held in trust for that Charity.
4. Termination of direction for recoupment. The direction for recoupment contained in the Order of the Charity Commissioners of the 28th March 1978 shall cease to have effect and the investments and cash standing to the credit of the separate account mentioned in the said Order shall be administered by the Trustees as part of the permanent endowment of the Charity.
Area of benefit. In this Scheme the expression "area of benefit" shall mean the Parish of Icklingham .
6. Trustees. (1) The body of Trustees shall consist when complete of five competent persons being -
One Ex-officio Trustee and
Four Nominated Trustees.
The Nominated Trustees shall be persons who through residence, or occupation or employment, or otherwise have special knowledge of the Parish of Ickiingham.
7. Ex-officio Trustee. The Ex-officio Trustee shall be the Lord of the Manor of Ickiingham.
8. Nominated Trustees. Except at first as hereinafter provided the Nominated Trustees shall be appointed by Ickingham Parish Council. Each appointment shall be made for a term of five years at a meeting convened and held according to the ordinary practice of the appointing body. The chairman of the meeting shall cause the name of each person appointed to be notified forthwith to the Trustees or their clerk. The person appointed may be but need not be a member of the appointing body.
9. First Nominated Trustees. The following persons shall be the first Nominated Trustees and subject to the provisions hereinafter contained for determination of trusteeship shall hold office as if they had been appointed by the appointing body under this Scheme, for the following periods respectively:
Kenneth Stanley Sore, of 30 The Street, Icklingham,
Rose Alice Pettitt, of 15 Mulberry Close, Mildenhall,
both of Bury St. Edmunds, in the County of Suffolk and both for five years from the date of this Scheme;
George Robert Gooch, of Homefields, Bury Road, Icklingham,
Geoffrey Marston, of 15 Bunbury Avenue, Mildenhall,
both of Bury St. Edmunds and both for three years from the said date.
10. Declaration by Trustees. No person shall be entitled to act as a Trustee whether on a first or on any subsequent entry into office until after signing in the minute book of the Trustees a declaration of acceptance and of willingness to act in the trusts of this Scheme.
11. Determination of Trusteeship. A Trustee shall cease to be a Trustee if he or she:-
(1) is disqualified from acting as a Trustee by virtue of section 72 of the Charities Act 1993; or
(2) becomes incapable (in the opinion of the Trustees) by reason of illness, injury or mental disorder of managing his or her own affairs; or
(3) is absent without the permission of the Trustees from all their meetings held within a period of twelve months and the Trustees resolve that his or her office be vacated; or
(4) gives not less than one month's notice in writing of his or her intention to resign (but only if at least 3 Managing Trustees will remain in office when the notice of resignation is to take effect); or
(5) ceases to possess the qualification mentioned in clause 6 of this Scheme.
12. Vacancies. Upon the occurrence of a vacancy the Trustees shall cause a note thereof to be entered in their minute book at their next meeting and shall cause notice thereof to be given as soon as possible to the said Council. Any competent Trustee may be re-appointed.
13. Ordinary Meetings. The Trustees shall hold at least two ordinary meetings in each year.
14. First meeting. The first meeting of the Trustees shall be summoned by Dorothy Handford, of Saxon Lodge, West Street, Icklingham, or if she fails for three calendar months after the date of this Scheme to summon a meeting by any two of the Trustees.
15. Chairman. The Trustees at their first ordinary meeting in each year shall elect one of their number to be chairman of their meetings until the commencement of the first ordinary meeting in the following year. The chairman shall always be eligible for re-election. If at any meeting the chairman is not present within ten minutes after the time appointed for holding the same or there is no chairman the Trustees present shall choose one of their number to be chairman of the meeting.
16. Special meetings. A special meeting may be summoned at any time by the chairman or any two Trustees upon not less than four dayst notice being given to the other Trustees of the matters to be discussed. A special meeting may be summoned to take place immediately after an ordinary meeting.
17. Quorum. There shall be a quorum when three Trustees are present at a meeting.
18. Voting. Every matter shall be determined by the majority of votes of the Trustees present and voting on the question. In case of equality of votes the chairman of the meeting shall have a casting vote whether he or she has or has not voted previously on the same question but no Trustee in any other circumstances shall give more than one vote.
19. Management and letting of lands. (1) The Trustees shall let and otherwise manage all the land belonging to the Charity not required to be retained or occupied for the purposes thereof.
(2) The Managing Trustees must comply with the restrictions on disposal imposed by section 36 of the Charities Act 1993, unless the disposal is excepted from these restrictions by section 36(9)(b) or (c) or section 36(10) of that Act.
20. Leases. The Trustees shall provide that on the grant by them of any lease the lessee shall execute a counterpart thereof. Every lease shall contain covenants on the part of the lessee for the payment of rent, and all other usual and proper covenants applicable to the property comprised therein and a proviso for re-entry on non-payment of the rent or non-performance of the covenants.
21. Repair and insurance. The Trustees shall keep in repair and insure to the full value
thereof against fire and other usual risks all the buildings of the Charity numbered 1 above not required to be kept in repair and insured by the lessees or tenants thereof and shall suitably insure in respect of public liability and employer's liability.
22. Sale. The Trustees may sell any part of the said land and may do and execute all proper acts and assurances for carrying any such sale into effect subject nevertheless to complying with the restrictions on disposal imposed by section 36 of the Charities Act 1993, unless the sale is excepted from such restrictions under section 36(9)(1,) or (c) or section 36(10) of that Act.
23. Proceeds of sale. Unless the Commissioners otherwise direct the clear proceeds of any such sale as aforesaid shall be invested in trust for the Charity.
24. Discharge of restrictions. Any land let or sold as aforesaid shall be discharged during the period of the letting or upon completion of the sale from any restrictions as to the use thereof imposed by or under the above-mentioned Act of the year 1813 53 Geo.III C29 and any other enactment relating to inclosure
25. Expenses of management. The Trustees shall first defray out of the income of the Charity the cost of maintaining the property bf the Charity (including the repair and insurance of any buildings thereon) and all other charges and outgoings payable in respect thereof and all the proper costs, charges and expenses of and incidental to the administration and management of the Charity.
26. Application of income. Subject to payment of the expenses aforesaid the Trustees shall apply the income of the Charity in one or more of the following ways:
(1) for relief in need in accordance with the provisions hereinafter contained;
(2) for advancement in life in accordance with the provisions hereinafter contained;
(3) for the promotion of education in accordance with the provisions hereinafter contained;
(4) for such charitable purposes for the general benefit of the inhabitants of the area of benefit as the Trustees think fit.
7. Relief in need. (1) The Trustees shall apply the income of the Charity applicable for relief in need in relieving either generally or individually persons resident in the area of benefit who are in conditions of need, hardship or distress by making grants of money or providing or paying for items, services or facilities calculated to reduce the need, hardship or distress of such persons.
(2) The Trustees may pay for such items, services or facilities by way of donations or subscriptions to institutions or organisations which provide or which undertake in return to provide such items, services or facilities for such persons.
(3) In exceptional cases the Trustees may grant relief to persons otherwise eligible therefore who are resident immediately outside the area of benefit but in the opinion of the Trustees ought nevertheless for sufficient reason to be treated as if resident therein or who are located for the time being within the area of benefit.
28. Restrictions. In applying the income of the Charity applicable for relief in need the Trustees shall observe the following restrictions:
(1) They shall not apply any part of the income directly in relief of rates, taxes or other public funds but may apply income in supplementing relief or assistance provided out of public flunds.
(2) They shall not commit themselves to repeat or renew the relief granted on any occasion in any case.
29. Advancement in life. The Trustees shall apply the income of the Charity applicable for advancement in life in either or both of the following ways:
(1) In assisting persons who have not attained the age of 25 years resident in the area of benefit who are in need of fmancial assistance and who are preparing for, entering upon or engaged in any profession, trade, occupation or service, by providing them with ouffits, or by paying fees, travelling or maintenance expenses, or by such other means for their advancement in life or to enable them to earn their living as the Trustees think fit.
(2) In otherwise promoting the education (including social and physical training) of such persons.
30. Recreation. The Trustees shall apply the income of the Charity applicable for recreation in promoting the education of persons resident in the area of benefit who are in need of fmancial assistance and the provision in the interests of social welfare of facilities for recreation and other leisure4ime occupation to enable such persons so to develop their physical, mental and moral capacities that their conditions of life may be improved.
31. Appropriation of benefits. The appropriation of the benefits of the Charity shall be made by the Trustees at meetings of their body and not separately by any individual Trustee or
Trustees: Provided that the Trustees from time to time may appoint two or more members of
their body to be a committee for dealing with any cases of emergency but all acts and proceedings of committees shall be reported in due course to the Trustees.
32. Trustees not to be personally interested. No Trustee shall take or hold any interest in property belonging to the Charity otherwise than as a Trustee for the purposes thereof and no Trustee shall receive remuneration, or be interested in the supply of work or goods, at the cost of the Charity.
33. Charity not to relieve public funds. The Trustees shall not apply income of the Charity directly in relief of rates, taxes or other public fluids but may apply income in supplementing relief or assistance provided out of public funds.
34. Questions under Scheme. Any question 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 shall be determined by the Charity Commissioners upon such application made to them for the purpose as they think sufficient.
SCHEDULE
Charitv numbered 1 above
The following land situate at Icklingham, in the County of Suffolk:-
1. Land containing 24 hectares (formerly 60 acres) or thereabouts known as Shravedell Heath, and
2. Land containing 6 hectares (formerly l4 acres) or thereabouts known as Turf Fen;
both subject to and with the benefit of a lease for a term of 5 years from the 1st October 1996 at the yearly rent of £1,700.
3. Land containing 16 hectares (formerly 40 acres) or thereabouts and known as Weatherill Heath subject to and with the benefit of a lease for a term of 10 years from the 6th April 1996 at the yearly rent of £3,000.
£3,050. cash on business premium account at the Mildenhall branch of Barclays Bank Plc.
£861. cash on current account at the said branch of the said bank.
Charity numbered 2 above
The following adjoining land situate at Icklingham in the County of Suffolk;
1. Land containing 661 square metres or thereabouts with the building thereon known as the Dispensary now let at the monthly rent of £160.
2. Land situated to the rear of the Dispensary containing 6069 square metres
(formerly l.526 acres) or thereabouts known as the field now let for a term of 7 years at the yearly rent of£105.
£3,176 cash on current account at the said branch of the said bank.
Charity numbered 3 above
£389 cash on current account at the said branch of the said bank.
This schedule is made up to the 31st December 1996.
Note: The above-mentioned land belonging to the Charity numbered 2 above is vested in the Official Custodian for Charities by virtue of an Order of the Charity Commissioners of the 26th November 1907 as affected by the provisions of the Charities Act 1960.
Sealed by Order of the Commissioners this 12th day of September 1997.