DRAFT AMENDING SCHEME

[draft 18, based on earlier draft provisionally adopted in general terms by the Governors at their Annual Court of Audit on 12 October 2016 and further revised following officers/Archdeacons meeting on 10 January 2017]

 

DEFINITIONS

 

1. Definitions

 

In this Scheme:

 

“the Charity” means the Essex Clergy Charity, an unincorporated charity, registered number 239238;

 

“the Commission” means the Charity Commission for England and Wales;

 

“the governors” has the same meaning as “the governing body”, a corporation sole acting as sole trustee for all purposes related to the Charity;

 

the “governing document” has the same meaning as the “trusts of the Charity” and means the Scheme made by the Charity Commissioners, confirmed by the Essex and Herts Clergy Charity Scheme Confirmation Act, 1917, and amended by a Scheme made by the Charity Commissioners on 20th February, 1995, insofar as the former Scheme makes provisions for the administration and management of the Essex Clergy Charity, and without prejudice to any provisions (made severally or in common) for the administration and management of the Hertfordshire and Bedfordshire Clergy Charity.

 

 

ADMINISTRATION

 

2. Administration

 

The charity is to be administered in accordance with its existing governing document as altered or affected by this scheme.

 

 

ALTERATION OF GOVERNING DOCUMENT

 

3. Alteration of governing document

 

The governing document will take effect with:

 

(1)   clause 41 deleted and replaced with the following clause:

 

41. Income of existing General Endowments.—The governors of the Charity shall apply the clear yearly income of the endowments in making personal grants in pursuance of the objects of the Charity.

 

(2)   clause 42 deleted and replaced with the following clause:

 

42. Income of Special Fund.—The governors of the Charity may apply the clear yearly income of the endowment specified in Part II. of the said First Schedule in or towards defraying the expenses of refreshment provided for those attending any meeting of the governors of the Charity or any public meeting or event held with a view to increasing public awareness of the Charity. If and in so far as income from the Special Fund is not required in any year for application in accordance with the provisions of this clause, it may be allocated by the governors to other purposes in pursuance of the objects of the Charity.

 

(3)   clause 47 deleted and replaced with the following clause:

 

47. Objects of the Charity.—Subject as herein-before provided the objects of the Charity shall be to make payments towards the relief of poverty and financial hardship or disadvantage, under one or more of the following heads:

(a) Grants to meet exceptional expenditure occasioned by sickness, accident, or domestic crisis;

(b) Grants to relieve financial hardship related to household and family expenditure;

for the benefit of

 

i) those persons who shall for the time being be the holder of an ecclesiastical licence to any public ministry in the diocese of Chelmsford or an episcopal grant of permission to officiate in the said diocese;

 

ii) those persons formerly within category (i) above who have not subsequently been admitted to a pensionable ministerial office in the Church of England (other than in the diocese of Chelmsford) nor engaged in regular public ministry as a member of any other religious body to the preclusion of their capacity to accept an invitation to undertake such a ministry in the Church of England;

 

iii) dependents of persons currently in category (i) or (ii) above;

 

iv) surviving dependents of deceased persons who at the time of their death were in category (i) or (ii) above and who continue to be in demonstrable need of ongoing support.

 

 

<END OF DRAFT SCHEME>

 

 

ROAD MAP of how to implement the Scheme

 

1. The officers and the Archdeacons agree on a suitable draft text based upon proposals from the officers (see above).

2. An agreed draft of the Scheme is presented to the Governors (at the first of their new-style quarterly meetings) for their approval and agreement to continue as below.

3. The Governors consult widely and publicly with stakeholders in the Charity.

3a. Proposals for a change of name can be published in broad terms at the same time as we consult on the specific wording of the draft Scheme. If both proposals prove equally un-contentious, we can roll up the name change into the draft Scheme and then submit composite proposals to the Charity Commission, which has said: “We would be prepared to incorporate the proposed name change in the Scheme also”.

3b. PROSPER’ has been suggested as our new name. However, there are other registered charities that use this word, e.g. Prosper Mental Health Fund. For this reason it is proposed that the Charity’s new name be “Prosper – supporting licensed ministers in the Diocese of Chelmsford” with the single word ‘Prosper’ subsequently registered as a short name by which the Charity is popularly known. [NB the Charity supports ‘ministers’, not ‘ministry’]

4. The Governors consider the results of the consultation and make any necessary modifications to their proposals. (NB The subsequent application for a Scheme will need to provide details of the consultation carried out, including a summary of the responses, and must explain how these have informed the trustees’ decision-making.)

5. The Governors make a formal decision to apply for a Scheme at a properly constituted meeting of the Charity. This decision must be recorded in the Charity’s records (eg minute book), following which the Hon Secretary must email a formal confirmation to the Commission. If any trustee was not at the meeting and is not aware of this decision, they must be told, and the Commission should be advised accordingly.

6. The Commission prepares a detailed draft of the Scheme and sends this to the Governors for their comments and agreement.

7. The Commission has discretion to decide whether there is a need to give additional publicity to a Scheme before it is made. Its policy is to only require further publicity if there is good reason. This is usually if the Scheme will be contentious or there are objections to the proposals. Governors may need to re-assure the Commission on this score, by reference to any objections raised during the consultation,

8. The Commission makes the Scheme and may require the Governors to publicise this occurrence.

9. Eagle has landed!

<END>

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