The Scheme

The Scheme

The Scheme, as Sealed on 28th March 1988, is the principal governing document for the Trust and sets out in detail the general provisions including the manner in which the charity should be administered. These administrative matters include Trustee appointments, meetings and quorums, the application of income and details of the beneficiaries.

However, legislation has been enacted since 1988, including the Charities Act 2011, and the Trust and its Trustees must comply with the law as it stands at any time. The Charity Commission publishes guidance for Charities and Trustees on its website. Trustees work to meet the different laws and regulations which apply to their particular charity, some of which supersede clauses in the 1988 schemes.

For example, some of the investments held by the Trust have changed since the Scheme was sealed in 1988 and the current Trustees are not those holding office in 1988.

The content of the 1988 Scheme is reproduced below.


SCHEME, including appointment of Trustees, sealed 28th March 1988 in the County of Devon, Parish of Dartmouth, relating to The Dartmouth Charities, charity number 203402

CHARITY COMMISSION

In the matter of The Dartmouth Charities in the Parish of Dartmouth, in the County of Devon, regulated by a Scheme of the High Court of Justice (Chancery Division) of the 22nd January 1890 as varied by Schemes of the Charity Commissioners of the 8th October 1909, the 24th October 1952 and the 19th August 1955; and In the matter of the Charities Act 1960.

THE CHARITY COMMISSIONERS FOR ENGLAND AND WALES HEREBY ORDER

that the following Scheme be approved and established as the Scheme for the regulation of the above-mentioned Charities:-

SCHEME

  1. Administration of Charities. The above-mentioned Charities and the property thereof specified in the schedule hereto and all other the property (if any) of the Charities shall be administered and managed together as one Charity under the title of The Dartmouth Trust (hereinafter referred to as the Charity) subject to and in conformity with the provisions of this Scheme by the body of Trustees hereinafter constituted (hereinafter referred to as the Trustees).
  2. Investments and cash. Subject to any further direction of the Charity Commissioners -
    1. All investments now or at any time belonging to the Charity not already standing in the name of the Official Custodian for Charities shall be transferred to the said Official Custodian;
    2. All sums of cash now or at any time belonging to the Charity, other than sums of cash needed for immediate working purposes, shall be invested in the name of the said Official Custodian.
  3. Separate Charities.
    1. One third of the clear yearly income of the Charity shall be administered and managed as a separate Charity under the title of The Ecclesiastical Share of The Dartmouth Trust (hereinafter referred to as the Ecclesiastical Charity) for the purpose hereinafter provided by the Churchwardens for the time being of the Church of St. Saviour, Dartmouth, who shall be the Trustees of the Ecclesiastical Charity.
    2. One sixth of the said income shall be administered and managed as a separate Charity under the title of The Public Purposes Share of the Dartmouth Trust (hereinafter referred to as the Public Purposes Charity) for the purposes hereinafter provided by Dartmouth Town Council which shall be the Trustee of the Public Purposes Charity.

    Trustees

  4. Trustees.
    1. The body of Trustees shall consist when complete of 14 competent persons being -
      • Four Ex-officio Trustees,
      • Four Nominative Trustees and
      • Six Co-optative Trustees.
    2. The Co-optative Trustees shall be persons who through residence, occupation or employment, or otherwise have special knowledge of the Town of Dartmouth.
  5. Ex-officio Trustees. The Ex-officio Trustees shall be:
    • The Mayor Dartmouth and
    • The Vicar and Churchwardens of the Church of St. Saviour, Dartmouth
    All for the time being and by virtue of their respective offices.
  6. Nominative Trustees. Except at first as hereinafter provided the Nominative Trustees shall be appointed as follows:
    • Three by the Trustees of Dartmouth United Charities, and
    • One by Dartmouth Town Council.
    Each appointment shall be made for a term of four years at a meeting convened and held according to the ordinary practice of the appointing body. The chairman of the meeting shall cause the name of each person appointed to be notified forthwith to the Trustees or their clerk. The person appointed may be but need not be a member of the appointing body.
  7. First Nominative Trustees. The following persons shall be the first Nominative Trustees and subject to the provisions hereinafter contained for determination of trusteeship shall hold office as if they had been appointed by the respective appointing bodies under this Scheme, for the following periods respectively:

    As appointees of the Trustees of Dartmouth United Charities -
    • Wilfred John Bates, of Castlemere, Coombe Close, and
    • Thomas Kennish Ellwood, of 21 Crossparks, both in Dartmouth, both for four years from the date of this scheme
    • Donald George Hitt of 55 Churchfields, Dartmouth,
    for two years from the said date;
    As appointee of Dartmouth Town Council -
    • Denis Arthur Woods, Ashleigh Gardens, Church Road, Dartmouth,
    for four years from the said date.
  8. First Co-optative Trustees. The following persons shall be the first Co-optative Trustees and subject to the provisions hereinafter contained for determination of trusteeship shall hold office for the following periods respectively:
    • Sidney Herbert Bell, of Fairbel, Fairview Road,
    • William Edward Lidstone, of 11 Thurlestone Gardens
    • Alan Pyne, of Heron Cottage, Townstal Road, all in Dartmouth,
    all for five years from the date of this Scheme;
    • Gordon Pook, of 59 Churchfields,
    • Peter Charles Tucker, of Redwalls Meadow, and
    • Edward John Williams, of Middleweeks, Weeke Hill, all in Dartmouth,
    all for three years from the said date.
  9. Future Co-optative Trustees.Every future Co-optative Trustee shall be appointed for a term of five years by a resolution of the Trustees passed at a special meeting of which not less than 21 days' notice has been given and may be so appointed not more than one month before the term of an existing Co-optative Trustee expires with effect from the date of expiry but so that the latter shall not vote on the matter.
  10. Declaration by Trustees. No person shall be entitled to act as a Trustee whether on a first or on any subsequent entry into office until after signing in the minute book of the Trustees a declaration of acceptance and of willingness to act in the trusts of this Scheme.
  11. Determination of trusteeshipAny Nominative or Co-optative Trustee who is absent from all meetings of the Trustees during a period of one year and any Trustee who is adjudged bankrupt or makes a composition or arrangement with his or her creditors or who is incapacitated from acting or who communicates in writing to the Trustees a wish to resign shall cease thereupon to be a Trustee.
  12. Vacancies. Upon the occurrence of a vacancy the Trustees shall cause a note thereof to be entered in their minute book at their next meeting and in the case of a vacancy in the office of Nominative Trustee shall cause notice thereof to be given as soon as possible to the proper appointing body. Any competent Trustee may be re-appointed.

    Meetings and Proceedings of Trustees

  13. Ordinary meetings. The Trustees shall hold at least four ordinary meetings in each year.
  14. First meeting. The first meeting of the Trustees shall be summoned by the Clerk to the Trustees or if he fails for three calendar months after the date of this Scheme to summon a meeting by any two of the Trustees.
  15. Chairman. The Trustees at their first ordinary meeting in each year shall elect one of their number to be chairman of their meetings until the commencement of the first ordinary meeting in the following year. The chairman shall always be eligible for re-election. If at any meeting the chairman is not present within ten minutes after the time appointed for holding the same or there is no chairman the Trustees present shall choose one of their number to be chairman of the meeting.
  16. Special meetings. A special meeting may be summoned at any time by the chairman or any two Trustees upon not less than seven days' notice being given to the other Trustees of the matters to be discussed, but if the matters include an appointment of a Co-optative Trustee then upon not less than 21 days' notice being so given. A special meeting may be summoned to take place immediately after an ordinary meeting.
  17. Quorum. There shall be a quorum when five Trustees are present at a meeting.
  18. Voting. Every matter shall be determined by the majority of votes of the Trustees present and voting on the question. In case of equality of votes the chairman of the meeting shall have a casting vote whether he or she has or has not voted previously on the same question but no Trustee in any other circumstances shall give more than one vote.
  19. Minutes and accounts. A minute book and books of account shall be provided and kept by the Trustees. Statements of account in relation to the Charity shall be prepared and transmitted to the Commissioners in accordance with the provisions of the Charities Act 1960, except if and in so far as the Charity is excepted by order or regulations.
  20. General power to make regulations. Within the limits prescribed by this Scheme the Trustees shall have full power from time to time to make regulations for the management of the Charity and for the conduct of their business including the summoning of meetings, the deposit of money at a proper bank and the custody of documents.
  21. Clerk and Receiver. The Trustees may appoint as clerk and receiver one of their number without remuneration who shall be dismissible at their pleasure or some other fit person at such reasonable salary and upon such reasonable terms as to notice within the limits permitted by law and otherwise as they think fit.

    Management of Lands

  22. Management and letting of lands. The Trustees shall let and otherwise manage all the lands belonging to the Charity not required to be retained or occupied for the purposes thereof. The Trustees shall not without the sanction of the Commissioners or a competent court create any tenancy wholly or partly in consideration of a fine or for a term ending more than 22 years after it is granted or for less than the best rent obtainable.
  23. Leases. The Trustees shall provide that on the grant by them of any lease the lessee shall execute a counterpart thereof. Every lease shall contain covenants on the part of the lessee for the payment of rent, the proper cultivation of the land and all other usual and proper covenants applicable to the property comprised therein and a proviso for re-entry on non-payment of the rent or non-performance of the covenants.
  24. Repair and insurance. The Trustees shall keep in repair and insure to the full value thereof against fire and other usual risks all the buildings of the Charity not required to be kept in repair and insured by the lessees or tenants thereof and shall suitably insure in respect of public liability and employer's liability.
  25. Sale. Subject to the authority of a further Order or Orders of the Commissioners the Trustees may sell the whole or any part of the said land and may do and execute all proper acts and assurances for carrying any such sale into effect.
  26. Proceeds of sale. Unless the Commissioners otherwise direct the Trustees shall pay over the proceeds of any such sale as aforesaid for investment in trust for the Charity in the name of the said Official Custodian the clear proceeds of any such sale as aforesaid shall be invested in trust for the Charity.

    Application of Income

  27. Expenses of management..
  28. The Trustees shall first defray out of the income of the Charity the cost of maintaining the property of the Charity including the repair and insurance of any buildings thereon and all other charges and outgoings payable in respect thereof and all the proper costs, charges and expenses of and incidental to the administration and management of the Charity.
  29. Application of income. Subject to payment of the expenses aforesaid the Trustees shall apply the income of the Charity as follows:
    1. The Trustees shall pay one half of the said income to the Trustees of The Dartmouth United Charities for application by the last-mentioned Trustees for the purposes of the last-mentioned Charities;
    2. The Trustees shall pay one third of the said income to the Trustees of the Ecclesiastical Charity for application by the last-mentioned Trustees towards the repair and maintenance of the Church of St. Saviour, Dartmouth;
    3. The Trustees shall pay the remaining one sixth of the said income to the Trustee of the Public Purposes Charity for application by the Trustee for such charitable purposes for the general benefit of the inhabitants of Dartmouth as the Trustee thinks fit.

    General Provisions

  30. Appropriation of benefits. The appropriation of the benefits of the Charity shall be made by the Trustees at meetings of their body and not separately by any individual Trustee or Trustees.
  31. Trustees not to be personally interested.. No Trustee shall take or hold any interest in property belonging to the Charity otherwise than as a Trustee for the purposes thereof and no Trustee shall receive remuneration, or be interested in the supply of work or goods, at the cost of the Charity.
  32. Questions under Scheme. Any question as to the construction of this Scheme or as to the regularity or the validity of any acts done or about to be done under this Scheme shall be determined by the Commissioners upon such application made to them for the purpose as they think sufficient.
Description Tenant, person liable or persons in whose name invested Gross yearly income
The properties situate at Dartmouth, in the County of Devon   £
Gamercy Tower and Cottage, Warfleet Road Dennis Reginal Davies 100
Gramercy Tower Boathouse, Warfleet Road Charles Kenlock 1,748
Beacon Boathouse, South Town David Freeman and Effie Ray Freeman 2,425
Riversea View, South Town Barry D Probyn 1,252
33 South Town Tony Edward Fabian 1,560
Old Castle, Bayards Cove in hand -
Garden Plot, Bayards Cove Castle Jonathan Robert Edward Ward and Gloria Lucille Ward 40
9 Above Town Majorie J Brooking 771
13 Crowthers Hill James Stirzaker 910
Allotments, Jawbones Hill Various 70
Crosby Meadow, Waterpool Road Dartmouth and Kingswear Society -
21 South Ford Road Frederick Tremlett 879
7 and 9 Higher Street Dorothy Jeanne Thompson -
16 Fairfax Place John Duncan Moss and Kathleen Moss 3,475
17 Fairfax Place Ian Palmer 1,500
The Cottage (spinning wheel), Hauley Road Joy Evelyn Meredith 2,000
10 Hauley Road, First Floor Flat Susan Pound 880.08
10 Hauley Road, Top Flat Vera Kidston 896
Cromwell House, 18 Fairfax Place    
The Shop, 4 The Quay June Mary Faulkner 2,750
4 The Quay, First Floor Flat Ruth Hammett 1,040
4 The Quay, Top Maisonette James Anthony Williams 1,190.52
3 The Quay, Shop Welgate Travel 2,500
3 The Quay, First Floor Office Norman George Webber and Others 900
3 The Quay, Second Floor Flat Vera Alice Burwood 816
2 The Quay Lloyds Bank PLC 2,235
5 The Quay Michael John Gibbins and Kathleen Noriah Gibbins 6,000
6 The Quay Boots PLC 9,000
Shop, 7 The Quay Alexander Bell and Rowena Shaw Bell 3,000
3 Church Close over 7 The Quay, Flat 1 Beatrice Anne Rundle 981
3 Church Close over 7 The Quay, Flat 2 Jack Smith and Joyce Smith 1,196
8 The Quay Karen Cynthia White 5,000
28 Clarence Street, Ground Floor Flat Carlton Moore 832
28 Clarence Street, First Floor Flat Richard Henry Williams 897
28 Clarence Street, Second Floor Flat Josephine Tucker 832
3/4 Fairfax Place, Shop and First Floor Flat Joseph Woods 4,500
3/4 Fairfax Place, Second Floor Flat John Geoffrey Walker 1,056
3/4 Fairfax Place, Third Floor Flat Lester Powell 936
Bight Boatyard Dennis Page Riley 3.00
7 Nelson Steps Tim Freeman 1.19
31 Above Town Captain Frederick Earley Hewitt 6.50
Land at Victory House, Higher Street Victor Horace Johnson 81p
11 Above Town John Robert Swaddle and Delphin Mary Dowling 4.00
30 Above Town Ivor John Burford 1.00
2 Above Town Leonard James Marshall and Janet Marshall 50p
4/6 Above Town Cedric Alan Slinn 50p
8 Above Town Jack Jutland Tillyard 1.00
Collaford House, Collaford Lane Roy Edwin McCoskery and Barbara May McCoskery 3.00
2 Lower Street Eric Stanley Pillar and Wilfred Edgar Pillar 3.00
1 Lower Street ditto 7.96
1 Mansion House Street ditto 2.40
29 Fairfax Place, Cranfords Restaurant Christine Mary and Elizabeth Anne Brendon-Copp 17.00
19 Ridge Hill Dartview Property Ltd 2.33
26 Clarence Steet Dennis William Adams 4.13

The following investments standing in the books of the Official Custodian for Charities:-

  • 6,372.83 Income Shares in the Charities Official Investment Fund.
  • 291.09 Income Shares in the said fund.
  • 10,623 Income Shares in the Charibond Charities Narrower-Range Common Investment Fund.

£953.37 cash on deposit account at the Dartmouth branch of National Westminster Bank PLC.

£6,587.80 cash on current account at the said branch of the said bank.

This schedule is made up to the 31st August 1986.

Sealed by Order of the Commissioners this 28th day of March 1988.