Clause 26 establishes the Bye-laws, and allows for the trustees to make rules to ensure the continued health of the SPA in pursuing its object.
Clause 26:
Rules
The charity trustees and members may from time to time make such reasonable and proper rules and Bye-laws as they may deem necessary or expedient for the proper conduct and management of the SPA, but such rules or Bye-laws currently in force must be made available to any member of the SPA on request.
Clause 27 requires mediation in any dispute involving the SPA. It also sets out a process for how such mediation can take place, although that process is subservient to other, specific complaints policies.
Clause 27:
Disputes If a dispute arises between members of the SPA about the validity or propriety of anything done by the members under this constitution, and the dispute cannot be resolved by agreement, the parties to the dispute must first try in good faith to settle the dispute by mediation before resorting to litigation. In the absence of a specific dispute resolution procedure within the SPA’s constitution, bye-laws or active policy, any mediation shall be overseen by the Chair. Should the Chair be conflicted, mediation shall be overseen by a non-conflicted charity trustee.
Clause 28 sets out the process for amending the SPA’s constitution. Any amendment requires a 75% majority at a general meeting. In some circumstances, the change must also be approved in advance by the Charity Commission.
Clause 28:
Amendment of Constitution As provided by clauses 224-227 of the Charities Act 2011: (1) This constitution can only be amended: (a) By resolution agreed in writing by all members of the SPA; or (b) By a resolution passed by a 75% majority of votes cast at a general meeting of the members of the SPA.
Continued on next page