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CONSTITUTION FOR AN INDEPENDENT CHURCH
To be known as:
New Horizons church UK
(Adopted on the third day of February 2010)
INTERPRETATION
In this Constitution:
‘AGM’ means an annual general meeting of the Members;
‘the Chair’ means the person appointed by the Church Council to preside at their meetings;
‘the Church’ means the congregation established for the purposes set out in Clause 3 whose members are admitted pursuant to Clause 4 together with the property of the congregation;
‘Clear Day’ means 24 hours from midnight following the relevant event;
‘EGM’ means a general meeting of the Members which is not an AGM;
‘Financial Year’ means the Church’s financial year;
‘firm’ includes a limited liability partnership;
‘General Meeting’ means an AGM or an EGM;
‘holding trustee’ means an individual or corporate body responsible for holding the title to property but not authorised to make any decisions relating to its use, investment or disposal;
‘material benefit’ means a benefit which may not be financial but has a monetary value;
‘IRCC’ means An Independent Rite of Catholic Churches.
‘Member’ and ‘Membership’ refer to membership of the Church;
‘months’ means calendar months;
‘the Objects’ means the charitable objects of the Church set out in clause 3;
‘the Spiritual Leadership’ means the body of persons recognised by the Church as having responsibility and authority within the Church for its spiritual leadership;
[‘Statement of Beliefs’ means the statement of beliefs which appears in the Schedule to this Constitution;]
‘Trustee’ means a member of the governing body of the Church and ‘Church Council’ means the members of the governing body; and
‘written’ or ‘in writing’ refers to a legible document on paper including a fax message.
References to an Act of Parliament are references to the Act as amended or re-
PREAMBLE
This constitution forms the administrative basis of the church herein named below. It forms one part of the legislative requirements of the said church and operates in unity with the following documents previously agreed and signed:
Canons of the Celtic Rite.
NAME
The name of the Church is New Horizons IRCC-
OBJECTS
The Objects of the Church are, for the public benefit:-
to advance the Christian faith [in accordance with the Statement of Beliefs] in such ways and in such parts of the United Kingdom or the world as the Church Council from time to time may think fit;
to relieve sickness and financial hardship and to promote and preserve good health by the provision of funds, goods or services of any kind, including through the provision of counselling and support in such parts of the United Kingdom or the world as the Church Council from time to time may think fit; and
to advance education in such ways and in such parts of the United Kingdom or the world as the Church Council from time to time may think fit.
The Church Council must use the income and may use the capital of the Church in promoting the Objects.
MEMBERSHIP
Membership is open to any individual interested in promoting the Objects who:-
[subscribes and adheres to, in belief and lifestyle, the Statement of Beliefs];
applies to the Church in the form required by the Church Council; and
is approved by the Church Council.
The Church Council must keep a register of the names and addresses of Members which must be made available to any Member upon request.
Each Member shall have one vote save that Members under the age of 18 years shall not be entitled to vote.
Membership shall be terminated immediately if the Member concerned:-
gives written notice of resignation to the Church;
dies;
is removed from membership by a resolution of the Church Council, passed by at least a two-
the Member has been given at least 14 days’ notice in writing of the meeting of the Church Council at which the resolution will be proposed and the reasons why it is to be proposed; and
the Member is advised of his or her entitlement to put forward any written representations for consideration by the Church Council to be received by them at least 3 Clear Days before the meeting at which the resolution is to be proposed.
[ceases, in the reasonable opinion of the Church Council, to subscribe or adhere to, in belief and lifestyle, the Statement of Beliefs and the Church Council resolve by at least a two-
Membership of the Church is personal and not transferable.
GENERAL MEETINGS
An AGM must be held in every year save that the first AGM may be held at any time within 18 months after the adoption of this Constitution.
At an AGM the Members will:
receive the accounts of the Church for the previous Financial Year;
receive the report of the Church Council on the Church’s activities since the previous AGM;
accept the retirement of those Church Council who wish to retire or are retiring by rotation;
elect Trustees to the Church Council to fill the vacancies arising;
appoint an auditor or Independent Examiner for the Church; and
discuss and determine any issues of policy or deal with any other business put before them by the Church Council.
Members must attend General Meetings in person. General Meetings shall be called either by at least 14 Clear Days’ written notice being given to the Members or by means of verbal notice being given at each service of public worship held on each of the two Sundays preceding the date set for the General Meeting. In both cases an indication of the business to be transacted at the General Meeting must be given.
There is a quorum at a general meeting if the number of Members personally present is at least [3], or [one-
The Chair or (if the Chair is unable or unwilling to do so) some other Member elected by those present presides at a General Meeting.
Except where otherwise provided by this Constitution, every issue at a General Meeting is determined by a simple majority of votes cast by the Members present in person.
Except for the chairman of the meeting, who in the case of an equality of votes has a second casting vote, every Member present in person is entitled to one vote on every issue.
Any general meeting which is not an AGM is an EGM.
An EGM may be called at any time by the Church Council and must be called within 21 Clear Days after a written request to the Church Council from at least [3] Members.
THE CHURCH COUNCIL
The Church Council is responsible for the management and administration of the Church’s property and funds in accordance with this Constitution.
The minimum number of Church Council is three individuals but there is no maximum. [All Church Council members must be Members of the Church.] [All Church Council members must subscribe and adhere to, in belief and lifestyle, the Statement of Beliefs.] The Council shall contain an appointed Elder, a representative of the Diaconate and any Ministers.
The first Church Council shall be those persons elected as Church Council Trustees at the meeting at which this Constitution is adopted.
Future Church Councils are to be elected at an AGM. One third (or the number nearest one third) of the ordinary members of the Church Council may retire at each AGM, those longest in office retiring first and the choice between any of equal service being made by drawing lots.
A retiring Trustee who remains qualified may be re-
Every Trustee after election or re-
A Trustee ceases to be a Trustee if he or she:
is or becomes disqualified under the Charities Act 1993 as amended or any other legislation from acting as a Charity Trustee or trustee for a charity;
is incapable, whether mentally or physically, of managing his or her own affairs;
is absent from [4] consecutive meetings of the Church Council and a two-
[ceases to be a Member];
resigns by written notice to the Church Council (but only if at least two Church Council will remain in office); or
is removed for good and sufficient reason by a resolution passed by at least two-
A retiring Trustee is not entitled to an indemnity from the continuing Church Council in respect of any liabilities properly incurred while he or she held office.
A technical defect in the appointment of a Trustee of which the Church Council are unaware at the time does not invalidate decisions taken at a meeting of the Church Council.
The first Spiritual Leadership comprises [Rt. Rev. Dr. Paul R Elliott] and he shall appoint his successors.
The spiritual leadership of the Church shall rest with the Spiritual Leadership. If there are Trustees of the Church Council who are not members of the Spiritual Leadership then their role shall be confined to the management and administration of the Church in accordance with the provisions of this Constitution and of the general law.
The Church Council of the Church shall fulfil their legal duties having due regard to the spiritual direction of the Church as set from time to time by the Spiritual Leadership acting always in accordance with the requirements of this Constitution and the general law.
DUTY OF CARE AND EXTENT OF LIABILITY
When exercising any power (whether given to them by this Constitution or by statute or by any rule of law) in administering or managing the Church each of the Trustees use the level of care and skill that is reasonable in the circumstances, taking into account any special knowledge or experience that he or she has or claims to have (“the duty of care”). No Trustee and no-
PROCEEDINGS OF CHURCH COUNCIL
The Church Council must hold at least [3] meetings each year. Church Council’ meetings may be called by any Trustee.
A quorum at a meeting is [2 or one-
A meeting may be held either in person or by suitable electronic means agreed by the Church Council in which all participants may communicate with all the other participants.
The Chair or (if the Chair is unable or unwilling to do so) some other Trustee chosen by the Church Council present presides at each meeting.
Except where otherwise provided in this Constitution, every issue may be determined by a simple majority of the votes cast at a meeting of the Church Council. A resolution which is in writing and signed by all the Church Council is as valid as a resolution passed at a meeting and for this purpose the resolution may be contained in more than one document and will be treated as passed on the date of the last signature.
Except for the chair of the meeting, who in the case of an equality of votes has a second or casting vote, every Trustee has one vote on each issue.
A procedural defect of which the Church Council are unaware at the time does not invalidate decisions taken at a meeting of the Church Council.
A Trustee shall not be counted in the quorum present when any decision is to be made about a matter upon which the Trustee is not entitled to vote because of a conflict of interests.
If the number of Church Council is less than the number fixed as the quorum for Church Council’ meetings the continuing Church Council may act only to call a General Meeting.
POWERS OF CHURCH COUNCIL
The Church Council must manage the affairs of the Church and they shall have the following powers in furtherance of the Objects (but not for any other purpose):
to appoint a Chair, [a Secretary,] a Treasurer and other honorary officers;
to delegate any of their functions to committees consisting of two or more individuals appointed by them (provided that all proceedings of committees must be reported promptly to the Church Council);
to make rules or regulations consistent with this Constitution to govern proceedings at general meetings, proceedings of committees and the administration of the Church (including the operation of bank accounts and the commitment of funds);
to resolve, or establish procedures to assist the resolution of, disputes within the Church;
to exercise any powers of the Church which are not reserved to a General Meeting;
to arrange or join in arranging and providing for the holding of worship
services, meetings, seminars, conferences, and training courses;
9.7 to establish and run educational institutions;
9.8 to promote or carry out research;
9.9 to provide advice;
9.10 to publish or distribute information;
9.11 to cowith other bodies;
9.12 to support, administer or set up other charities;
9.13 to raise funds (but not by means of taxable trading);
to borrow money and give security for loans (but only in accordance
with the restrictions imposed by the Charities Act 1993 as amended);
to acquire or hire property of any kind;
to let or dispose of property of any kind (but only in accordance with the
restrictions imposed by the Charities Act 1993 as amended);
to make grants or loans of money and to give guarantees;
to set aside funds for special purposes or as reserves against future expenditure;
to deposit or invest funds in any lawful manner;
to delegate the management of investments in accordance with the
provisions of the Trustee Act 2000;
to insure the property of the Church against any foreseeable risk and take out
other insurance policies to protect the Church when required;
to insure the Church Council against the costs of a successful defence to a criminal prosecution brought against them as charity Church Council or against personal liability incurred in respect of any act or omission which is or is alleged to be a breach of trust or breach of duty (unless the Trustee concerned knew that, or was reckless whether, the act or omission was a breach of trust or breach of duty);
to pay reasonable fees to any nominee or holding trustee;
subject to clause 10, to employ or otherwise engage the services of
agents, staff or advisers;
to enter into contracts to provide services to or on behalf of other
bodies;
to pay the costs of forming the Church; and
9.27 to do anything else within the law which promotes or helps to promote
the Objects.
APPLICATION OF FUNDS AND PROPERTY
The Church Council may employ or engage under a contract for services such of their number or any person connected to a trustee (as defined in clause 10.6) as they may determine provided that:
the Church Council in each case are satisfied that it is in the interests of the Church to employ or engage under a contract for services the Trustee or connected person concerned ;
the Church Council are in each case satisfied that the terms of employment or engagement are reasonable in respect of the employment or of the services provided and are subject to regular and objective review; and
the procedure set out in clause 10.6 is followed on each occasion.
Provided that no person is remunerated for services as a charity trustee or trustee for a charity, a Trustee or person connected to a Trustee who possesses specialist skills or knowledge and any firm or company of which such a Trustee or connected person is a member, consultant, partner, trustee, officer or employee, may charge and be paid reasonable fees for goods or services supplied to the Church on the instructions of the other Church Council (but only if the Church Council are satisfied that the requirements set out in clause 10.1 are met.
At no time may a majority of Church Council benefit directly or indirectly from payments made under clauses 10.1 and 10.2. For the purposes of this clause 10 a payment to the spouse or a dependent relative of a Trustee shall be considered to be a payment to the Trustee.
Subject to clause 10.3, a person may be appointed as a Trustee notwithstanding that he or she is employed or otherwise engaged by the Church and receives remuneration in that capacity.
No Trustee nor any person connected with a Trustee may receive from the Church any payment of money or other material benefit (whether direct or indirect) except:-
under clauses 9.22 (indemnity insurance), 10.1 and 10.2 (employment or engagement and fees);
reimbursement of reasonable out of pocket expenses (including hotel and travel costs) actually incurred in the administration of the Church;
interest at a reasonable rate on money lent to the Church;
a reasonable rent or hiring fee for property let or hired to the Church;
an indemnity in respect of any liabilities properly incurred in or about the administration of the Church (including the costs of a successful defence to criminal proceedings);
benefits received by the Trustee as a Member where such benefits are no different to those received by other Members; and
in exceptional cases, other payments or benefits (but only with the prior written approval of the Charity Commission).
Whenever a Trustee or a person connected to a Trustee has a personal interest in a matter to be discussed at a meeting of the Church Council or any committee, the Trustee or connected person concerned must:
declare an interest before discussion on the matter begins;
withdraw from the meeting for that item unless expressly invited to remain in order to provide information;
not be counted in the quorum during that part of the meeting; and
withdraw during the vote and have no vote on the matter.
person is:-
a child, parent, grandchild, grandparent, brother or sister of the Trustee; or
a spouse of the Trustee or any person falling within sub-
Funds which are not required for immediate use or which will be required for use at a future date must be placed on deposit or invested in accordance with clause 9.19 until needed.
Investments and other property of the Church may be held:
in the names of the Church Council;
in the name of a nominee (being a corporate body registered or having an established place of business in England and Wales) under the control of the Church Council or of a financial expert acting on their instructions;
in the name of a trust corporation as a holding trustee for the Church which must be appointed (and may be removed) by deed executed by the Church Council; or
in the case of land, by the Official Custodian for Charities under an order of the Commission or the Court.
RECORDS AND ACCOUNTS
The Church Council must comply with the requirements of the Charities Act 1993 as amended as to the keeping of financial records, the audit or independent examination of accounts and the preparation and transmission to the Commission of:
annual returns;
annual reports;
annual statements of account; and
confirmation of changes to the Church Council and of any details about the Church recorded in the Central Register of Charities.
The Church Council must keep proper records of:
all proceedings at general meetings;
all proceedings at meetings of the Church Council;
all reports of committees; and
all professional advice obtained
Financial records, annual reports and statements of account relating to the Church for at least the previous six years must be available for inspection by any Trustee.
A copy of the latest available statement of account for the Church must be supplied to any person who makes a written request and pays the Church Council’ reasonable costs (as required by the Charities Act 1993 as amended).
NOTICES
Notices under this Constitution must be given in writing or electronically and may be delivered by hand, by post or by suitable electronic means save that notices of a General Meeting may be given verbally pursuant to clause 5.3.
The address at which a Member is entitled to receive notices is the address noted in the register of members (or, if none, the last known address).
Any notice given in accordance with this Constitution is to be treated for all purposes as having been received:
hours after being sent by electronic means or delivered by hand to the relevant address;
two Clear Days after being sent by first class post to that address;
three Clear Days after being sent by second class post or overseas post to that address;
immediately on being handed to the Member personally or when delivered verbally in accordance with clause 5.3; or
as soon as the Member acknowledges actual receipt, if sooner.
A technical defect in the giving of notice of which the Members or the Church Council are unaware at the time does not invalidate decisions taken at a meeting.
AMENDMENTS
This Constitution may be amended at a General Meeting provided that:-
No amendment may be made to this clause that would have the effect of making the Church cease to be a charity at law or to alter the Objects if the change would not be within the reasonable contemplation of the members or donors to the Church; and
Clauses 3.1, 10.1, 10.2, 10.3, 10.5, 10.6, 13 and 15 may not be amended without the prior written consent of an AGM.
Any other provision of this Constitution may be amended provided Members are given 21 Clear Days’ notice and resolve by not less than a two-
A copy of any resolution amending this Constitution must be sent to the Commission within 21 days of it being passed.
INCORPORATION
The Members may at a General Meeting authorise the Church Council to transfer the assets and liabilities of the Church to a corporate entity established for exclusively charitable purposes that are the same as or similar to the Objects and of which the Members will be entitled to be members.
On a transfer under clause 14.1 the Church Council must ensure that all necessary steps are taken as to:
the transfer of land and other property;
the novation of contracts including contracts of employment and transfer of pension rights; and
the Church Councilhip of any property held for special purposes.
DISSOLUTION
If at any time the Members at a General Meeting decide by a three-
After making provision for all outstanding liabilities of the Church, the Church Council must apply the remaining property and funds in one or more of the following ways:
directly for the Objects;
by transfer to any charity or charities established for exclusively charitable purposes that are the same as or similar to the Objects; or
in such other manner as the Charity Commission may approve in writing in advance.
[SCHEDULE
STATEMENT OF BELIEFS]
Statement of Faith of New Horizons IRCC-
We Believe:
In the Holy and undivided Trinity of a loving Father, the Creator, The Son, the Redeemer and the Holy Spirit, the giver of life.Scripture composed of the Old and New Testaments as taught by Apostolic tradition is both sufficient and the most reliable source for our beliefs.Jesus Christ was both human and divine.perfect justice rules the world.All shall one day reach perfection, no matter how far they stray.God is present in all things and that we were created in his perfect image.one holy, catholic and apostolic church comprising of all Christian believers.through the Holy Spirit, the sacraments impart the grace which they signify.Jesus is present in the Holy Eucharist.living a life of simplicity, purity and devotion following the example of Our Lord Jesus Christ..
Core Beliefs
St. Brigid’s is a Sacramental and traditional Church, and a valid part of the body of the Universal Christian Church; it holds a presence within the IRCC-
Our Mission
To go into the world and share with all people the Good Newsby Jesus Christ -