and In the matter of the Charities Act 1960.
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
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 under the title of the Wray Educational Trust (hereinafter referred to as the Charity) subject to and in conformity with the provisions of this scheme by the body of Trustees hereinafter constituted.
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.
3 Investment of Cash
Sums of cash now or at any time belonging to the Charity and not needed for immediate working purposes shall be invested in the name of the said Official Custodian unless the Charity Commissioners otherwise direct.
The body of Trustees shall consist when complete of seven competent persons being Four Ex-Officio Trustees, and Three Co-optative Trustees
5 Ex-Officio Trustees
The Ex-Officio Trustees shall be
6 Co-opted Trustees
The Co-optative Trustees shall be persons who through residence, occupation or employment, or otherwise have special knowledge of the area of the Ancient Parish of Leven.
7 First Co-opted Trustees
The following persons shall be the first Co-opted Trustees and subject to the provisions hereinafter contained for determination of trusteeship shall be entitled to hold office for the following periods respectively:
8 Future Co-ed Trustees
Every future Co-opted Trustee shall be appointed for a term of five years by a resolution of the Trustees passed at a special meeting of which not less than 21 days’ notice has been given and may be so appointed not more than one month before the term of an existing Co-opted Trustee expires with effect from the date of expiry but so that the latter shall not vote on the matter.
9 Declaration by Trustees
No person shall be entitled to act as a trustee whether on a first or 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 the Charity.
10. Determination of Trusteeship
Any Co-opted Trustee who is absent from all meetings of the Trustees during a period of one year and any Trustee who is adjudged bankrupt or makes a composition or arrangement with his or her creditors or who is incapacitated from acting or who communicates in writing to the Trustees a wish to resign shall cease thereupon to be a Trustee.
Upon the occurrence of a vacancy the Trustees shall cause a note thereof to be entered in their minute book at their next meeting any competent Trustee may be re-appointed.
MEETINGS AND PROCEEDINGS OF TRUSTEES
12 Ordinary meetings
The Trustees shall hold at least two ordinary meetings in each year.
13. First Meeting
The first meeting of the Trustees shall be summoned by the said rector or if he fails for three calendar months after the date of this Scheme to summon a meeting by any two of the Trustees.
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.
15 Special meetings
A special meeting may be summoned at any time by the chairman or any two Trustees upon not less than four days’ notice being given to the other Trustees of the matters to be discussed, but if the matters include an appointment of a Co-optative Trustee then upon not less than 21 days’ notice being so given. A special meeting may be summoned to take place immediately after an ordinary meeting.
There shall be a quorum when three Trustees are present at a meeting.
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 has or has not voted previously on the same question but no Trustee in any other circumstances shall give more than one vote.
18 Minutes and accounts
A minute book and books of account shall be provided and kept by the Trustees. Statements of account in relation to the Charity shall be prepared and transmitted to the Commissioners in accordance with the provisions of the Charities Act, 1960, except if and in so far as the Charity is exempted by order or regulations.
19 General power to make regulations
Within the limits prescribed by this scheme the Trustees shall have full power from time to time to make regulations for the management of the Charity and for the conduct of their business including the summoning of meetings, the deposit of money at a proper bank and the custody of documents.
The Trustees may appoint as clerk one of their number without remuneration who shall be dismissible at their pleasure or some other fit person at such reasonable salary and upon such reasonable terms as to notice within the limits permitted by law and otherwise as they think fit.
21 Charity School
The land with the buildings thereon specified in the said schedule shall continue to be appropriated and used as a voluntary controlled school conducted in accordance with the principles and practice of the Church of England.
APPLICATION OF INCOME
22 Expenses of management
The trustees shall first defray out of the yearly income of the Charity all the proper costs, charges and expenses of and incidental to the administration and management of the Charity.
23 Application of income
Subject to payment of the expenses aforesaid the Trustees shall apply the yearly income of the Charity as follows:
24 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.
25 Trustees not to be personally interested
No Trustee shall receive remuneration, or be interested in the supply of work or goods, at the cost of the Charity.
26 Charity not to relieve public funds
The Trustees shall not apply income of the Charity directly in relief of rates, taxes or other public funds but may apply income in supplementing relief or assistance provided out of public funds.
27 Questions under Scheme
Any questions 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 Commissioners upon such application made to them for the purpose as they think sufficient.
Charity numbered 1 above
Land containing 2,420 square yards or thereabouts situate at Leven in the County of Humberside having a frontage on the west to South Street with the buildings thereon known as Leven Church of England School being the property comprised in the above mentioned conveyance dated the 10th August 1868 and made between George Wray of the one part and Robert Wylie of the other part.
Charity numbered 2 above
£21,162 cash standing to the credit of the Official Custodian for Charities on temporary Loan to Clwyd County Council at interest, representing part of the clear proceeds of the sale of property under the authority of an Order of the Commissioners of the 23rd May 1974 .
26p cash standing in the name of the said Official custodian on deposit account at the Bank of England being the residue of the said proceeds of sale.
£1,207.40 cash standing in the names of Messrs Paterson, Bateman and Hodgson in a client’s account on deposit account at the branch of the National Westminster Bank Limited at Beverley, Humberside, being accumulations of income.
Sealed by Order of the Commissioners this 10th day of March 1977.