Writing a Constitution

What is a constitution?

A constitution is a set of guidelines or rules which define how the group or organisation will be run. It should set out the aims of the organisation, its powers, its membership, the appointment of officers and committee members and how it will be answerable to its members.

A constitution is not required by law, but is strongly recommended once the group starts dealing with money, even small amounts. It is usually a necessity if your group is intending to apply for grant aid as most funders will only support groups who have adopted a “proper” constitution.

Drawing up a constitution need not be a difficult process and does not require a lot of legal jargon, but must be well thought out and clearly written to prevent any difficulties arising in the future. A constitution usually covers the following points:

1.The aims and purposes of the group or organisation.
When setting out the aims and purposes of the group or organisation, it is wise to cover any activities that may be carried out, and to keep this as broad as possible, as circumstances may change as the group develops over time. If the organisation intends to apply for Charitable Status in the future, it is important that all of its aims should fall within the four legally recognised charitable purposes which are: a) the relief of poverty, b) the advancement of education, c) the advancement of religion, d) other purposes beneficial to the community.

2. The powers of the group or organisation
Powers are discretionary, which means that they need not be exercised, but are important to set out, so the group knows how to achieve its objectives. For example, if the group needs to employ staff, it should have the power to do so. Again, it is wise to keep these powers as general as possible to avoid limitations in the future. It is always useful to insert a clause saying that the organisation, “shall have the power to carry out all things necessary for the fulfilment of its objectives”.

3. Membership
This section explains who can become a member of the group, how they go about joining and defines what is expected of them. It is also useful to provide a clause that outlines the procedures required for the termination of membership, whether voluntary or involuntary. If subscriptions are to be
paid, this is the place to outline what they should be and what happens if a member does not pay their subscription on time.

4. The appointment of officers and committee members
It is important to set out the titles and duties of the key committee members, otherwise known as the “office bearers”. It is usual to elect these officers at an Annual General Meeting and they will be the people responsible for the management of the group or organisation. The principle officers are, the Chairperson, the Treasurer and the Secretary and they will serve on the Management Committee, if applicable. It is usual in this section to state the period of time that the office bearer is expected to serve.

5. The Management Committee
Most groups or organisations have a Management Committee who are responsible for the management of the groups activities. This section should include the methods of appointment, usually at an Annual General Meeting, and the length of time that the office bearers should serve, and whether they are eligible for re-election. It is often advisable to include a clause stating that a proportion of the committee should retire after serving for a period of three years.

6. Meetings
The constitution should include a section about meetings. This should state how many meetings the group should hold each year, and should include a clause dealing with the Annual General Meeting. This should state when the AGM is to be held and what business should be dealt with at it.

7. Rules and Procedures
This section sets out the rules for procedures at all meetings. It will set the Quorum. This is the number of voting members of a committee who have to attend a meeting in order that any decisions made can be valid. The voting rules usually state that any questions arising at a meeting can be decided by a simple majority of those present and allowed to vote. No person should be able to exercise more than one vote although it is usual that the chair be allowed a casting vote if necessary. The Minutes are referred to in this section as are the Standing Orders, which can be adopted by the Management Committee. These should be consistent with the terms of the constitution.

8. Finance
This section sets out the rules governing the financial aspects of the group or organisation. It must state that any funds held by the organisation can only be used for furthering the groups aims. The Treasurers duties and responsibilities must be stated and this should include the keeping of proper books and financial records, the preparation of accounts for the Annual General Meeting and the opening of a bank or building society account. This section must also state who is authorised to sign cheques for the organisation, and it is usual to have four signatories, of whom, two must sign each cheque. The dates of the financial year to be adopted should be included, along with a description of how the audit of the annual accounts is to be carried out.