CONSTITUTION

 

1.    Introduction

1.1.  The Emma Stirling Bequest was established under the terms of the Will of Mrs Emma Ethel Stirling of Torquay, who died in 1989, for the use and benefit of the residents for the time being of Stirling House Residential Home.

 

1.2.  The fund is to be dispensed at the absolute discretion of the Council of the City of Plymouth who have by virtue of a resolution of its Social Services Committee dated 15^th April 1998 delegated the administration of the fund to a Management Committee.

 

2.    The Management Committee

 

2.1.  The Management Committee will consist of the following:-

 

·         Four elected members of Plymouth City Council: three who represent the Honicknowle Ward.

 

·         Two residents of Stirling Community Care Centre.

 

·         The Unit Manager at Stirling Community Care Centre.

 

·         The Responsible Individual for Stirling House as required by the Commission for Social Care Inspection or equivalent replacement body.

 

·         The Chair of Stirling Community Care Centre League of Friends, and a second representative nominated by the League of Friends.

 

2.1.1.    The Councillors for Honicknowle Ward will serve for the duration of their term of office.

 

2.1.2.    The Stirling Community Care Centre residents will be elected annually by the residents at a meeting to be held in May.

 

2.2.  The Management Committee will elect one of the Plymouth City Council Councillors to be Chair of the Committee.

 

2.3.  All Committee members have the right to send substitutes if they are unable to attend a meeting. Substitutes will have voting rights.

 

2.4.  Decisions of the Management Committee will be made by simple majority vote. Each committee member will have one vote.

 

2.4.1.    The Chair of the Management Committee will have an additional casting vote if necessary.

 

2.4.2.    A quorum for meetings shall be five voting members.

 

2.5.  An Annual General Meeting of the full Management Committee will be held in June each year and in addition a limited Committee, consisting of Councillors, as available, Unit Manager, Residents and League of Friends, will meet not less than four other times each year.

 

3.    Purpose of the Fund

 

3.1.  The Fund may be used both for the benefit of permanent individual residents and for the collective benefit of a group of those residents. The fund will not be used to purchase items which would normally be provided by Plymouth City Council Social services department.

 

3.2.  In the event of the closure of Stirling House the fund will be for the use and benefit of the elderly residents in the Honicknowle Ward in Plymouth.

 

4.    Distribution of the Fund

 

4.1.    At the Annual General Meeting the Management Committee will agree the proportion of the fund, which is to be distributed during the coming year. The money to be distributed will be divided into two funds:-

 

4.1.1.    Fund for individual purchase for each permanent resident, up to a maximum amount decided by the Management Committee.

 

4.1.2.    Reserve fund for distribution as may be agreed during the year at the discretion of the Management Committee.

 

4.1.3.    If funding decisions outside the agreement are required then the Chair and Responsible Individual for Stirling House as required by the Commission for Social Care Inspection or equivalent replacement body will have delegated authority to make such decisions, until an unscheduled full Committee meeting can be called.

 

4.2.  New residents taking up permanent residency during the financial year will be eligible for distributions from the fund after one month of continuous occupancy.

 

4.2.1.    Any distribution to a new resident shall be a pro-rata amount of the sum fixed under 4.1.1 above based on each remaining full month of the Fund’s financial year.

 

4.3.    The Funds will not be distributed in cash.

 

4.4.  Requests from an individual resident for purchases from the fund for individual purchases (para. 4.1.1 above) may be approved by the Unit Manager without reference to the Management Committee provided the cost of total purchases for that individual does not exceed the maximum fixed under paragraph 4.1.1 above.

 

4.5.  Individual residents shall not be entitled to carry forward any part of their allocation from the fund, which is not used by the end of the financial year.

 

4.6.  The Unit Manager will present a report to the Annual General Meeting of the Management Committee containing a complete account of goods and services purchased from the funds.

 

5.    Title to Property purchased from the Fund

 

Plymouth City Council will retain the legal title to any item (other than consumable goods) purchased from the fund unless the Management Committee decides that it is more appropriate to make an outright gift to any Resident.

 

6.    Annual Audit

 

Plymouth City Council to undertake an annual audit of the Fund’s financial management.

 

7.    Investment and Management of the Fund

 

7.1.  The Head of Finance of Plymouth City Council will be responsible for investment and management of the fund and will present an annual account to the Annual General Meeting. The Head of Finance will be represented at the AGM by a nominated Finance Officer but who will have no voting rights.

 

If any decisions relating to finance are made in the absence of the Finance Officer, a check will be made with them prior to actioning the decisions.

 

7.2.  A cheque account will be held in the name of Emma Stirling Bequest Fund for the purposes of day to day administration of the fund. Authorised signatories shall be the Chair of the Management Committee, the Unit Manager, the Responsible Individual for Stirling House as required by the Commission for Social Care Inspection or equivalent replacement body, the Chair of the League of Friends, and the nominated Finance Officer. Two signatories shall be required for any transaction.

 

7.3.  The Fund’s financial year will end on 31^st March.