The Trust and Trustees

The Mill Stream Villages Association has recently become a Trust by virtue of a Deed signed on 10th July 2019. details are as follows:

  1. The Charity

The Association was initially formed to “To create, produce, install and maintain the signs provided by the Association marking the villages (and Hamlets) in the civil parish of Wookey.” The Association now wishes to form a Charitable Trust to widen its interests and take account of the historical and heritage aspects behind its intentions to provide the village signs. While the signs themselves provide a pictorial link with the past, there is much history linked with the Mill Stream being an outflow from the river Axe, particularly in relation to Paper Making and Light Industry in the immediate area. The Association will now provide opportunities for this historical aspect to be better known. This history is part of the former industrial heritage of the Wookey Civil Parish and by means of the erecting the signs and from time to time giving the opportunity for publication of articles and lectures on the history and background it is intended to provide and develop both community education and community responsibility for this rural area as at present there is little to identify the Villages and Hamlets in Wookey Civil Parish.

Throughout this deed reference is made to Village signs. Some of the places named are not strictly Villages but Hamlets, but any Hamlet or Village named will be treated in like fashion. The five Mill Stream Villages are Wookey; Worth; Yarley; Henton; & Bleadney; with a further sign being produced for the Hamlet of Fenny Castle. Should any other village or Hamlet, within the Civil Parish of Wookey, feel they should be represented they may make their case to the Committee and if accepted will be treated in like fashion to those listed; subject to financial and possible planning constraints.

The Signs and History Board(s)

There will currently be five Mill Stream Village signs and a sixth sign for the Hamlet of Fenny Castle. The former five signs bearing witness to the Papermaking and Grist Mills that stood along the Mill Stream (know as Lower River Axe) and the sixth bearing witness to the Motte and Bailey Castle that formerly stood there. A large “History Board” will also be provided to give details of the heritage to visitors to the area. Further “History Boards” may be erected if felt appropriate recognising the large area covered by the “Villages” for the dissemination of the historical details of that area. The Signs and History Board(s) will be the property and assets of the Charitable Trust.

  • Custodian Trustee

The Wookey Parish Council (of the Civil parish) (WPC) shall be Custodian Trustee of the Charity and provisions of subsection (2) of section 4 of the Public Trustee Act 1906 {as amended by the Trustee Act 1925} shall apply to the Council and to the Committee respectively in like manner as they apply to the Public Trustee and Managing Trustees.

  • Administration of the Charitable Trust

The Charity shall be administered in conformity with the provisions of this deed by the Committee of Management hereinafter constituted (and hereafter called “the Committee”) who shall be the Charity Trustees of the Charity within the meaning of the Charities Acts:

Provided that until the first Annual General Meeting after the date of this deed, the Charity shall be administered by the existing committee members here named and henceforward as this deed provides:

Peter Gatenby             Henton,  (Chairman)

David Vincent              Henton,

Chris Inge                   Bleadney,

Hope Mayne             Yarley,

Jenny Crossley            Henton, (WPC Liaison)

Sue Hanson                 Worth

Carol Baby                 Worth

Caroline Lowndes-Northcott   Wookey

David Paterson            Fenny Castle,

  • Committee of Management
  • Except as herein provided the Committee shall consist of not more than 3 elected members from each of the following Villages (Hamlets). Bleadney. Henton, Yarley Worth, Wookey & Fenny Castle. Upon a vacancy occurring between Annual General Meetings the committee can Co-opt a replacement. Committee members are elected for 1 year but can be re-elected at the following AGM.
  • The members shall be elected at the Annual General Meeting.
  • Any resident of a given Village within the Civil Parish of Wookey, named in paragraph (1) may put themselves forward to serve on the committee of the Charitable Trust for the area in which they reside. Their appointment shall be subject to approval by the Committee Chair and that their appointment does not breach clause (1)
  • The Committee shall not be prevented from carrying out the purposes of the Charitable Trust for the lack of there being a representative from a given Village (or Hamlet); but the Association shall take all reasonable steps to inform the residents of that Village (Hamlet) of its intentions.
  • The Charitable Trust’s committee shall meet as and when necessary, to carry out the purposes of the Trust, but not less than twice a year. For the purposes of conducting business a quorum shall be not less than 6 committee members.  In addition, the Charitable Trust shall have an Annual General Meeting (AGM) for the purposes of reporting to all residents of the Wookey Parish what progress and actions have been taken during the previous year.
  • The Charitable Trust shall have a Chairperson who will be elected from the committee members at the first meeting on the forming of the Charitable Trust and hereafter at the first meeting following an AGM and serve for that following year. A Vice-Chairperson can also be appointed if the Committee consider the need. They will automatically relinquish their posts at the end of the subsequent AGM but may be re-elected again for the following year by the committee.
  • The committee may also elect as they see fit from among themselves a Treasurer and Secretary.
  • For the purposes of controlling the financial matters of the Charitable Trust a Bank Account shall be set up. Funds drawn from the account will be subject to the authorisation by at least two members of the committee. The accounting year shall end on 31st December. The Annual Accounts will be audited or examined by an Independent examiner, as required by the Charity Commissioners. An Auditor or Independent Examiner will be appointed at the AGM. 
  • The AGM shall be held on the First of March, or as soon after this date as is practical.
  • At least 14 days’ notice must be given to the residents of Wookey Parish that a General Meeting is to take place. A notice in the various public notice boards in Wookey, Henton and Fenny Castle shall be deemed sufficient notice.
  • All persons who reside in the Wookey Parish may speak at a General Meeting at the discretion of the Chairperson, but if unable to attend should send a letter to the Chairperson to arrive at least 5 days before the advertised date of the meeting.
  • Declaration of Trustees

No person shall be entitled to act as a trustee of the committee until signing a paper filled in the Minute book indicating their willingness to act in the trusts of this deed. This signing requirement will normally take place at the end of an AGM or when a given member is cop-opted.

  • Members not to be personally interested in the charity

Except in special circumstances with the approval in writing of the Charity Commissioners, no member of the Committee shall take or hold any interest in any property belonging to the Charity, other than as a trustee for the purposes thereof, or receive any remuneration, or receive any financial gain or otherwise in the supply of work or goods, at the cost of the Charity.

  • Determination of Membership of the Trust

Any committee member who is adjudged bankrupt, or who makes a composition or arrangement with his creditors, or who is incapacitated from acting, or who communicates in writing to the committee a wish to resign, shall thereupon cease to be a committee member, with the agreement of the Committee.

  • Meetings of the Committee

In addition to meetings provided by paragraph (5) a Special meeting may be summoned at any time by the Chairperson or any two trustees with 7 clear days’ notice being given to all other trustees of matters to be discussed.

  1.  Chairperson and Vice Chair of Committee Meetings

If the Chair be absent from any meeting, the vice chair (if any) shall preside; otherwise the members present shall, before any other business is transacted, choose one of their number to preside as chair at the meeting.

  1.  Voting in Committee

Every matter shall (except as provided by this deed) be determined by the majority of the members of the committee present and voting on the question. In the case of equality of votes the chair of the meeting shall have a second or casting vote.

  1.    Application of Funds of the Charitable Trust

The Charitable Trust shall be free to raise funds to achieve the aims set out in paragraph 1 and 2 of this trust, both in relation to creation of the signs and history board(s) and to the continued maintenance in good condition of the same. These Signs and History Board(s) shall be the assets of the Charitable Trust and thereby the trust property. The Charitable Trust shall therefore seek to insure the said trust property against all perils including fire, theft accidental or malicious damage as well as public liability. The Charitable Trust may only raise funds to support these purposes but may hold additional funds to cover cost of replacement or repair.The Committee may receive any endowments or donations for the general purposes of the Charity, and it may also accept donations or endowments for special objects so long as connected with the purposes of the Charity and not inconsistent with provisions of this trust.

  1.  Minutes and Accounts.

The Committee shall comply with its obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) in regard to the following duties which shall be performed by The Chair, Secretary or Treasurer or other person appointed by the Committee; hereafter referred to as The Appointed Person:

  • Minutes: The appointed person shall keep minutes in a book or folder kept for the purpose, of the proceedings at its meetings.
  • Accounts:
  • The appointed person shall keep accounting records for the charity.
  • The appointed person shall prepare annual statements of account for the Charity;
  • The appointed person shall arrange for the auditing or independent examination of the statements of accounts of the charity;
  • Transmission of statements of account of the Charity to the Charity Commissioners will be made, (if and when necessary.)
  • Annual Report: The appointed person will produce an annual report and transmit this to the Charity Commissioners if necessary.
  • Annual Return: The Appointed person shall make an Annual Return and transmit to the Charity Commissioners, if necessary.

14 Winding Up or Failure of The Trust

  • If the Committee decide at any time on the grounds of expense or otherwise it is advisable to discontinue the use of the Trust Property in whole or part for the purposes stated in paragraph 1 & 2 they shall call a General Meeting of which there shall be at least 14 days’ notice. This notice shall be given wide publicity throughout the Wookey Parish and be advertised in the various notice boards throughout the Civil Parish. The Notice of General Meeting shall give details of the resolution that will be proposed thereat and if such decision shall be confirmed by 2/3rds of those present at the meeting , then Wookey Parish Council may request the Committee seek consent of the Charity Commissioners to surrender the trust property upon the terms set out as follows;

The assets of The Mill Stream Villages Association Charitable trust shall be passed to the Custodian Trustee being the Wookey Parish Council of the civil parish (WPC) and shall be become part of the assets of WPC subject to the approval of the Charities Commission. Where there are funds unspent after all creditors have been paid still held in the Charity’s bank account; then WPC may at their discretion hold part or all of these excess funds as a reserve towards the ongoing cost of maintenance and repair of the Villages Signs and History Board(s). If there still be funds not required for the aforesaid purposes then subject to the agreement of WPC and The Charities Commission such monies will be divided equally and be presented to The Henton Village hall and Wookey Church Hall committees for the betterment of these facilities and thereby devolve benefit to the residents of the whole Civil Parish of Wookey.

  1. Amendments to this Deed

Within the limits prescribed by this deed the Committee may from time to time alter the rules for management of the Charity subject to such proposed alterations being put before an Annual General Meeting and having duly noted any representation from both committee members and residents of the Wookey Parish the subsequent voting by at least 6 Committee members or 2/3rds of the Committee members present; whichever is the greater.

16 Data held by the Association

By virtue of The General Data Protection Regulation and measures following from the Data Protection Act 1998 or any subsequent UK legislation by which it may be replaced, the Charitable Trust acknowledges it holds details of personal data of Committee Members. Such data whether in electronic or paper form will be kept safe and only used to communicate with members and deal with the business of the Charitable Trust.  Such Data held will not be passed to any other body or persons except with the express consent of the member concerned unless it is to conform with the requirements of EU or UK legislation or governing bodies such as The Charity Commission.

Any person including committee members may request details of what data is held by the Charitable Trust and such request will be dealt with promptly and in accordance with the requirements laid down in the afore mentioned legislation.