1. The Association shall be called “Home Education Scotland”, referred to as the Association and shall be known as “Home Education Scotland.”
2. The objects for which the Association is established are to:
(i) Advance the education of children who are of Compulsory Education Age through the provision of a home education service and associated facilities; and
(ii) Advance the education of the public in the matter of Home Education.
In furtherance of the stated objects, the Association shall seek to:
(a) Produce and advance the production of useful educational resources for the education of children of Compulsory Education Age outwith school;
(b) Promote, provide and assist in the provision of workshops and training opportunities in education outwith state or private educational institutions; and
(c) Encourage interest and participation in the advancement of education of children of Compulsory Education Age otherwise than through state or private educational institutions.
3. In furtherance of the objects (but not otherwise) the Association shall have power to:
3.1 Acquire and take over the whole or any part of the undertaking and liabilities of any person entitled to any property or rights suitable for any of the objects of the Association.
3.2 Purchase, lease, hire, take in exchange and otherwise acquire any property and rates which may be advantageous for the purposes of the activities of the Association.
3.3 Improve, manage, exploit, develop, turn to account and otherwise deal with all or part of the undertaking, property and rights of the Association.
3.4 Sell, let, hire, license, give in exchange and otherwise dispose of all or any part of the undertaking, property and rights of the Association.
3.5 Lend money and give credit to any person, with or without security, and to grant guarantees and contracts of indemnity on behalf of any person.
3.6 Borrow money and give security for the payment of money by, or the performance of other obligations of, the Association or any other person.
3.7 Draw, make, accept, endorse, discount, negotiate, execute and issue cheques, promissory notes, bills of exchange, bills of lading, warrants, debentures and other negotiable or transferable instruments.
3.8 Remunerate any individual in the employment of the Association and to establish, maintain and contribute to any pension or superannuation fund for the benefit of, and to give or procure the giving of anything donation, pension, allowance or remuneration to, and to make any payment for or towards the insurance of, any individual who is or was at any time in the employment of the Association and the spouse, widow(er), relatives and dependants of any such individual; and establish, subsidise and subscribe to any institution, association, club or fund which may benefit any such person.
3.9 Engage, and pay fees to, professional advisors and others who assist in the work of the Association.
3.10 Promote any private Act of Parliament, Provisional Order and other authority to enable the Association to carry out its objects, alter its Constitution and achieve any other purpose which may promote the Association’s interests, and to oppose or object to any application or proceedings which may prejudice the Association’s interests.
3.11 Enter into any arrangement with any organisation, government or authority which may be advantageous for the purposes of the activities of the Association and to obtain from any organisation, government or authority any charter, right, privilege or concession.
3.12 Enter into partnership or any other arrangement for cooperation or mutual assistance with any charitable body whether incorporated or unincorporated.
3.13 Effect insurance against risks of all kinds.
3.14 Invest monies of the Association not immediately required for the purposes of its activities in such investments and securities (including land in any part of the world) and that in such a manner is may from time to time be considered advantageous (subject to compliance with any applicable legal requirements) and to dispose of and vary such investments and securities.
3.15 Support any association or other unincorporated body having objects altogether or in part similar to those of the Association and to promote any company or other unincorporated body form for the purposes of carrying on any activity which the Association is authorised to carry on.
3.16 Amalgamate with any charitable body incorporated or unincorporated having objects altogether or in part similar to those of the Association.
3.17 Subscribe for, take, purchase and otherwise acquire and hold shares, stocks, debentures and other interests in any body with which the Association is authorised to amalgamate and to acquire and take over the whole or any part of the undertaking, assets and liabilities of any body incorporated or unincorporated, with which the Association is authorised to amalgamate.
3.18 Transfer all or any part of the undertaking, property and rights of the Association to any body, incorporated or unincorporated, with which the Association is authorised to amalgamate.
3.19 Subscribe and make contributions to or otherwise support charitable bodies, whether incorporated or unincorporated, and to make donations for any charitable purpose connected with the activities of the Association or with the furtherance of its objects.
3.20 Accept subscriptions, grants, donations, gifts, legacies and endowments of all kinds, either absolutely or conditionally or in trust for any of the objects of the Association.
3.21 Take such steps (by way of personal or writing appeals, public meetings or otherwise) as may be deemed expedient for the purpose of procuring contributions to the funds of the Association, whether by way of subscriptions, grants, loans, donations or otherwise.
3.22 Carry out any of these objects in any part of the world as principal, agent, contractor, trustee or in any other capacity and through an agent, contractor, subcontractor, trustee or any person acting in any other capacity and either alone or in conjunction with others.
3.23 Do anything which may be incidental or conducive to the attainment of any of the objects of the Association.
4.1 Full membership of the Association will be open to:
(a) Individuals of 16 years and over who are interested in furthering the work of the Association; and
(b) Subject to clause 4.2, national, international and local voluntary or other non-profit distributing organisations, whether corporate or unincorporated, which are interested in furthering the work of the Association.
4.2 In the case of an unincorporated organisation eligible for membership under clause 4.1, the party admitted to membership shall be the individual nominated from time to time by that organisation; such an organisation may withdraw the nomination of its representative at any time by written notice to the Association to that effect, and on receipt of such a notice by the Association, the individual concerned will automatically cease to be a member.
4.3 An organisation admitted to membership under clause 4.1 which is a corporate body may appoint any individual it thinks fit to act as its representative at a general meeting of the Association; the individual so authorised shall be entitled to exercise the same powers on behalf of the corporate body as it could have exercised had it been an individual member.
4.4 Junior membership shall be open to those under the age of 16 years who are interested in furthering the work of this Association. Junior members shall not be entitled to vote unless they are current Home Educators and are appointed members of the management committee as per Clause 6.2.
4.5 Honorary members may be appointed by the management committee at its discretion but these members will not be entitled to vote at general meetings.
4.6 An individual or corporate body applying for membership shall submit an application form, completed by or on behalf of the applicant and in the case of an individual nominated by an unincorporated body completed on behalf of the nominating body. The management committee shall be entitled, at its discretion, to refuse to admit an applicant to membership. If the decision of the management committee is to admit the individual or body to membership, the appropriate entry will be made in the register of members immediately following the management committee meeting at which that decision was made and the applicant will then become a member of Home Education Scotland.
4.7 The management committee shall have the right for good and sufficient reason to terminate the membership of any individual or organisation, provided that the individual member concerned or an individual representing such organisation (as the case may be) shall have the right to be heard by the management committee before a final decision is made.
5.1 At the Annual General Meeting, Home Education Scotland shall elect a Convener, a Vice Convener, a Secretary, a Treasurer and such other honorary officers as the Association shall from time to time decide.
5.2 The Convener and the other honorary officers of the Association shall hold office until the conclusion of the next Annual General Meeting of the Association after their election but shall be eligible for re-election provided that no honorary officer shall hold office for more than three consecutive years. On the expiry of such period, one further year must elapse before any former honorary officer shall be eligible for re-election to the post from which he or she has demitted office. If the post cannot be filled then the management committee may, at their discretion, appoint the former honorary officer to this post until the next Annual General Meeting.
5.3 The Convener and other honorary officers shall be ex officio members of the management committee and of any other committee.
5.4 The Association shall appoint one or more independent examiners and determine their communication (if any).
6.1 With the exception of those powers which are specifically stated in this constitution to be exercisable by the members, the policy and management of the affairs of the Association shall be directed by a management committee which shall meet not less than four times a year and shall consist of not less than six and more than ten members.
6.2 The members of the management committee shall (subject to clause 6.4) be elected at the Annual General Meeting of the Association in accordance with clause 6. Members of the management committee will be current Home Educators with at least one member being a Home Educated child. Where the appointed Home Educated child has a junior membership (as per Clause 4.4) they will permitted voting rights for the period of their appointment to the management committee.
6.3 Election to the management committee should be for three years. One third of the membership (with the exception of ex officio members elected and appointed in accordance with clause 5.2 and 5.3) shall retire annually, the members to retire being those who have been longest in office since they were last elected/ re-elected.
6.4 In addition to the members so elected and to those serving by virtue of clause 5.3, the management committee may co-opt up to three further members who, after co-option, shall serve until the conclusion of the next Annual General Meeting provided that the number of co-opted members shall not exceed one third of the total membership of the management committee at the time of co-option. Co-opted members shall be entitled to vote at meetings of the committee.
6.5 Any casual vacancy on the management committee (including a vacancy in any honorary office) may be filled by the committee and any person appointed to fill such a casual vacancy shall hold office until the conclusion of the next Annual General Meeting of the Association and shall be eligible for election at that meeting.
6.6 The proceedings of the management committee shall not be invalidated by any failure to elect or any defect in the election, appointment, co-option or qualification of any member.
6.7 The management committee shall appoint and fix the remuneration of a secretary (where an honorary secretary is not elected) and remuneration of all such other staff as may in their opinion be appropriate. Paid staff, including a secretary where so employed, shall not be members of the management committee. Any member of a management committee seeking paid appointment with the Association must temporarily demit his or her membership.
6.8 The management committee may appoint such special or standing committees or subcommittees as may be considered appropriate and shall determine their respective terms of reference, powers, duration and composition. All acts and proceedings of such special or standing committees or subcommittees shall be reported back to the management committee as soon as possible.
7.1 The first Annual General Meeting of the Association shall be held not later than than 22nd November 2020, and once a year thereafter an Annual General Meeting of the Association shall be held at such time (not being more than 15 months after the holding of the preceding Annual General Meeting) and at such place as the management committee shall determine. At least 21 clear days notice of the meeting shall be given in writing by the secretary to each member. At each Annual General Meeting, the business shall include the consideration of the annual report on the work of the Association, the approval of independently examined accounts, the election of honorary officers, election of other members to serve on the management committee, the appointment of an independent examiner or examiners, motions submitted by the management committee or by members and the transaction of other such matters as may from time to time be appropriate.
7.2 The convener of the management committee may at any time at his or her discretion call a special general meeting of the Association. The secretary shall call a special meeting of the Association within 21 days of receiving a written request to do so signed by not less than three full members whether individual or representative and giving reasons for the request.
8 Nominations for honorary officers or members of the management committee must be made by full members of the Association in writing and must be in the hands of the Secretary at least fourteen days before the next Annual General Meeting. A member may not nominate himself or herself. Should nominations exceed vacancies, election shall be by ballot.
9. QUORUM: The quorum at a meeting of the Association or of the management committee or of any committee appointed under clause 6.8, shall be one third (present in person or via internet link) of the total actual membership of the Association for the time being, the management committee or the committee (as the case may be) or such other number as the Association may in general meeting from time to time determine.
9.2 VOTING: Unless it is otherwise specified in this Constitution, all questions arising at any meeting shall be decided by a simple majority of the votes cast. Arrangements for proxy voting may, from time to time, be made by the management committee provided that no such arrangements shall be made with regard to any matter of the kind described in clause 11 and 12. In the case of an equality of votes, the person taking the Chair at the meeting shall have a second or casting vote.
9.3 MINUTES: The management committee shall ensure that minutes are kept of all general meetings and of all meetings of the management committee, committees and subcommittees of the kind referred to in clause 6.8 containing in each case, a note of those present, those attending and the chair and a record of all proceedings, resolutions and decisions.
9.4 STANDING ORDERS: The management committee shall have the power to adopt standing orders for the Association and its committees. Such standing orders, which will be consistent with and complementary to the terms of this constitution, shall come into operation immediately but may be amended by the Association in general meeting. The Association in general meeting may issue policy directions in relation to the content of standing orders for the Association and its committees, and the management committee shall in that event be bound to follow such directions in formulating such standing orders.
10.1 All funds raised on behalf of the Association shall be applied to further the objects of the Association and for no other purpose; the preceding provision shall not, however, prevent the payment in good faith of reasonable and proper remuneration to any employee of the Association and fees to professional and technical advisors or the repayment to members of the management committee or any committee or subcommittee appointed under clause 6.8 of reasonable out-of-pocket expenses.
10.2 The Honorary Treasurer shall keep proper accounting records and shall prepare proper accounts annually and at such other intervals as the management committee may direct.
10.3 The accounts shall be independently examined at least once a year.
10.4 If the Independent examiner appointed at the Annual General Meeting (or if more than one examiner was appointed, all of the independent examiners) cease to hold that appointment during the period between Annual General Meetings, the management committee shall have the power to appoint a replacement examiner or examiners to hold office into the Annual General Meeting which next follows.
10.5 An independently examined statements of the accounts for the last financial year shall be submitted by the management committee to the Annual General Meeting.
10.6 A bank account shall be opened in the name of the Association with such banks and/ or building societies as the management committee shall from time to time decide. The management committee shall authorise, in writing, four members of the management committee (one of whom shall be the treasurer) to sign cheques on behalf of the Association. All cheques must be signed by not less than three of the four authorised signatories.
11. The title to all property, heritable and movable, which may be acquired by or on behalf of the Association shall be vested in the names of the Convener, the Vice Convener, the Secretary and the Treasurer for the time being ex officio or in the names of trustees of a trust established for that purpose.
12.1 A resolution to alter the Constitution shall not be valid unless:
(a) Two thirds of the votes cast in relation to the resolution at a general meeting of the Association (whether annual or special) are in favour; and
(b) Notice (setting out the terms of the proposed alteration) shall have been given to the members not listen 21 clear days before the meeting at which the alteration was proposed.
12.2 No alteration shall be made which would have the effect of causing the Association to cease to be recognised by SCIO as a charity.
13. If the management committee by a simple majority decide at any time on the grounds of expense, otherwise it is necessary or advisable to dissolve the Association it shall call a special general meeting of the Association of which meeting not less than 21 days notice (stating the terms of resolution to be proposed at the meeting) shall be given. If such decision is confirmed by a two-thirds majority of the votes cast in relation to the resolution at such a meeting, the management committee shall sell such of the assets of the Association as they may consider appropriate for the best price reasonably obtainable and settle the debts and liabilities of the Association. Any assets remaining after the satisfaction of such debts and liabilities shall be given or transferred to such other charitable organisation or organisations having objects similar to the objects of the Association as the management committee may determine.