Constitution

A Lanarkshire organisation for people who use mental health services and their carers and relatives. Working together for better services.

Constitution of Lanarkshire Links

Name

The organisation shall be called Lanarkshire Links. The term “the Organisation” is used in this document.

Objects

The Organisation is established for charitable objects and purposes only.

The objects of the Organisation are to promote the welfare and advance the education of people affected by mental health issues in North and South Lanarkshire.

In furtherance of these objects the Organisation shall seek:

1. To promote and safeguard the rights of people with mental health problems and their carers and relatives.

2. To promote equality of opportunity for people affected by mental health problems.

3. To encourage and enable users of mental health services and their carers and relatives to be involved in and to influence all aspects of the development of services relevant to them.

4. To create opportunities for users of mental health services and their carers and relatives to express their views and wishes about services required and those currently being provided.

5. To promote the development of a Lanarkshire network of local groups of mental health service users and carers to support their involvement and influence on service development in their local areas.

6. To increase understanding and skills and encourage good practice by service planners and providers in involving service users and cares in services they use.

7. To increase knowledge about mental health issues and about services and resources available.

8. To promote peer support improved mental health and wellbeing recovery.

9. To be part of the movement to tackle the stigma and discrimination associated with mental health issues in Lanarkshire.

10. To engage nationally with organisations who share or support our objectives.

Powers

In order to achieve these aims the Organisation has the following powers, for the purposes of entering into any of the arrangements noted below, any two or more of the following persons shall have authority to negotiate and enter into such arrangements on behalf of the organisation: – Chairperson, Vice-Chairperson, Treasurer and Secretary, which may be exercised only in promoting the objects above:

1. to hold meetings, seminars, conferences, and other appropriate meetings may be held face to face, online, by phone / video or other electronic means.

2. to conduct or contribute towards research and publish the findings.

3. to produce newsletters and other publications and media

4. to organise, provide or contribute to training.

5. to develop contacts with the media.

6. to bring to the attention of the relevant authorities, aspects of policies and services which are of concern generally to people with mental health problems and/or their carers and relatives, but not to take up individual grievances, nor to undertake campaigns.

7. to employ and pay people to carry out the work of the Organisation.

8. to engage and pay advisers to assist the Organisation.

9. to use the funds of the Organisation to acquire or lease property or to carry out alterations to property.

10. to let or dispose of property.

11. to discharge or postpone heritable or other securities and obligations held by the Organisation.

12. to make arrangements for the management of any property acquired

13. to borrow money to carry out the Organisation’s objectives on any lawful terms and on any security which are considered to be necessary.

14. to raise funds and invite and receive contributions from any person or persons through subscriptions and other means.

15. to make grants or loans of money and to give guarantees.

16. to enter into contracts or other arrangements, with or without consideration with any

a. including, without prejudice, to that generality, statutory authorities, government bodies or

b. voluntary organisations which may be advantageous for the purposes of the activities of the organisation and to obtain from any such person, any right, privilege or concession on behalf of the Organisation.

17. to do anything else within the law which promotes the objects.

Membership

1. Full membership of the Organisation shall be open to:

(a) individuals who are adults aged 18 or over (16 not in school).

(b) individuals who use or have used mental health services.

2. Associate membership shall be open to:

(a) individuals and organisations who have an interest in mental health services and whose participation in the opinion of the aforementioned Management Committee, will further the objectives of the Organisation.

(b) Associate members shall have no voting powers.

The Management Committee shall have the right for good and sufficient reason to terminate a person’s membership. The member may appeal against this decision in line with the membership issue resolution policy.

Management Committee

1. There shall be a Management Committee with responsibility for carrying out the policy of the Organisation, and for the administration, management and control of the affairs and property of the Organisation.

2. The Management Committee can consist of 4 office bearers and up to 10 other members elected by full members at the Annual General Meeting each year. No fewer than two members shall be carers.

3. The office bearers shall be a Chairperson, a Vice- Chairperson a Treasurer and a Secretary.

4. The Committee may co-opt up to three additional members. The Committee may also co-opt members to fill vacancies occurring during the year. All co-opted members shall serve until the end of the next AGM. They may stand for election at the next AGM.

The Committee may appoint office bearers to fill casual vacancies occurring during the year. Office bearers appointed in this way shall serve until the end of the next AGM.

5. They may stand for election at the next AGM.

6. Only full members of the Organisation shall be eligible to serve as members of the Management Committee. The management committee may co-opt to their membership people whose expertise is considered to be of benefit to the

Organisation. Co-opted members need not be full members of the Organisation and will have no voting powers.

7. Nominations for office bearers and for committee members shall be notified at least two weeks before the AGM. Nominations shall be made and seconded by full members.

8. When nominations exceed vacancies, election shall be by ballot at the AGM by full members present.

11. A Committee member automatically ceases to be a member of the Committee if unable to attend six consecutive meetings of the Committee, unless agreed otherwise by the Committee.

12. The Management Committee may meet to conduct the business of the Organisation when and where they consider appropriate, except that they shall meet a minimum of six times a year. They may regulate their meetings as they see fit.

13. The Management Committee shall appoint and fix the remuneration of all such staff as may in their opinion be necessary. Paid staff shall not be members of the Management Committee.

14. The Management Committee may appoint such special or standing committees or sub-committees as may be considered necessary and shall determine their terms of reference, powers, duration, and composition. All such committees shall report back as soon as possible to the Management Committee.

15. The management committee, special or standing committees or subcommittees may co-opt to their membership people whose expertise is considered by the committee or sub-committee to be of benefit to the Organisation. Co-opted members of standing or sub-committees need not be full members of the Organisation. Co-opted members shall not constitute more than one third of the membership of the committee or sub-committee. Such co-opted members shall serve for the duration of the work requiring their expertise.

16. The management committee members must sign a declaration of interest form annually following the election. The management committee members must declare any conflict of interest at their meetings and leave the meeting while this matter is being discussed.

17. The management committee may make reasonable additional rules to help run the charity. These rules must not conflict with the constitution of the organisation.

Meetings of the Organisation

Meetings shall be regulated as the membership of the meeting see fit, subject to the following rules:

1. Quorums:

(a) The quorum for Annual General Meetings is at least 20 full members in attendance.

(b) The quorum for the management committee meetings is at least half of the voting remanent committee members of the committee in attendance.

2. Notices of meetings: Notices of meetings shall be sent –

(a) For General membership meetings, including the AGM, will be published on the charity’s website and in the magazine 4 weeks before the meeting.

(b) For meetings of the Management Committee, to all Committee members and advisers, to reach them at least one week before the Management Committee meeting.

3. Responsibility for calling meetings:

The Secretary shall be responsible for ensuring all meetings are called in proper time.

4. Voting: All questions at any meeting shall be decided by a majority of those present and entitled to vote. When votes are equal, the chairperson of the meeting shall have a casting vote.

5. Minutes: The Secretary shall be responsible for ensuring that minutes are taken, recording all resolutions and decisions at all meetings.

6. Standing orders: The Management Committee may adopt standing orders to assist its conduct of business.

7. Annual General Meeting: An AGM shall be held each year to conduct the following business:

(a) To elect Management Committee members and office bearers

(b) To receive an annual report on the Organisation’s work and Financial Statements

(d) To consider any other relevant business.

8. Special General Meetings:

(a) The Chairperson may at any time call a special general meeting.

(b) The Chairperson shall call a special general meeting on receiving a request to remove a member of the Management Committee.

(c) The Chairperson shall call a special general meeting on receiving a written appeal against the Management Committee’s decision to expel a person from membership.

(d) The Chairperson shall call a special general meeting on receiving a written request to do so, signed by no fewer than 50 members or 20% of the membership, whichever is less, giving their reason for the request.

(e) The proposed changes to the constitution or other matter to be considered st this special meeting shall be distributed in writing to the membership at least 14 days prior to the date of the special meeting.

Finances

1. The financial year of the Organisation shall run from 1 April until 31 March

2. No member of the Management Committee shall be a salaried employee of the organisation. Members of the Management Committee may be paid out of pocket expenses and an honorarium if the Committee considers this is appropriate.

3. The Treasurer will ensure proper accounts of the finances of the organisation are kept.

4. The accounts to be externally scrutinised by the Independent Examiner

5. The Management Committee will approve the annual report and financial statements for the preceding financial year prior to presentation at the Annual General Meeting.

6. A bank account will be opened in the name of the organisation with such bank as the Management Committee shall decide.

7. The bank account will have identified signatories, two signatures shall be required on all cheques.

Alterations to the constitution

1. The management committee will approve alterations to the constitution when required to support the objectives and operation of the charity.

2. No change to the constitution can be made that would make the organisation no longer a charity.

Dissolution

The Organisation may be dissolved by a resolution passed by the management committee.

The management committee must inform the membership of the resolution.

1. If the charity is unable to meet its objects.

2. Is unable to secure adequate funding to meet its objectives.

The resolution will give instructions for disposing of the organisation’s assets.

If, after the payment of all debts and liabilities, any assets remain, these shall be transferred to another charity with similar aims or returned to the funder if required under the funding agreement.