Understanding Governing Documentation
Understanding the legal structure for a community building is the starting point for the committee to run the hall effectively.
A high proportion of community buildings whether they are village halls, church halls, reading rooms, parish rooms, institutes or community centres are charities and registered with the Charity Commission. Some halls will be held on charitable trusts under a trust deed. It is these trust deeds or constitutions that form the governing documents or instruments that set out the rules for an organisations; it states what the organisation is for and describes how the organisation is run.
It is important because it:
- Explains what can and cannot be done (the powers)
- Provides a way to make decisions and resolve differences
- Ensures accountability
- Clarifies liability and lines of responsibility
- Enables an organisation to register as a charity
It is this documentation that formed the basis of the training day.
Session One
Jonathan Dawson, ACRE’s Honorary Legal Adviser, ran this session which looked at ACRE’s Model Trust Deeds and how they have developed and differ from earlier versions.
Session Two
Louise Beaton, ACRE’s Village Hall Consultant, took delegates through the stages of updating ‘old’ Trust Deeds, whether it was necessary and considered when it may actually be necessary to update and the processes involved. The session covered the do and don’t as well as Charity Commission Schemes, Albemarle Schemes and changes that no longer need Charity Commission approval under the 2006 Charities Act
Session Three
This practical workshop was facilitated by Deborah Clarke, ACRE’s Village Hall Information Officer, and overseen by Jonathan Dawson. It examined a number of different types of governing documents; the problems they were causing within the organisations using them and possible solutions. Delegates discussed what advice they should provide and accepted that there is not always one right answer!
Session Four
Deborah Clarke gave a presentation on Leases and Licences which provided guidance on areas to be aware of especially when giving advice. Leases are legally binding contracts and care should be taken when entering into them. The use of licences for groups occupying space on a permanent or semi-permanent basis was also discussed.
Village Hall Advisers can find copies of the presentations and other useful documentation on the Community Zero Village Hall Advisers’ E-Group.
