Constitution of the Sheffield Advanced Motorcyclists

Sheffield Advanced Motorcyclists Constitution

Table of Contents

Introduction

The Sheffield and District Advanced Motorcyclists (SAM) is an independent charity (UK Registered No.: 1089671) and an affiliated Group of IAM RoadSmart (4152). The SAM charity was first registered with the UK Charity Commission on the 19th November 2001. Local changes in our community have seen greater collaboration with health authorities, local authorities and other charities. These organisations and charities focus on supporting the NHS, providing education, welfare and support for our local community. 

SAM’s primary purpose is to raise public awareness and understanding of motorcycling and the role of the advanced knowledge and skills needed to improve riding ability. Powered-2-wheel transportation is an essential component for a successful national strategy for carbon reduction. Motorcycles are:

  • cheaper to produce, 
  • cause much less highway damage, 
  • are more manoeuvrable, 
  • give quicker journey times, 
  • are cheaper to run and maintain, 
  • provide better social value per mile travelled
  • up to 90% of a motorcycle can be recycled. 


The charitable provision of motorcycle training has been clearly shown to make safer public roads. In accordance with this purpose, the SAM charity provides an IAM RoadSmart Affiliation to educate, train and help certify  motorcyclists to become advanced motorcycle riders. This education and training is quality assured to national, UK Government recognised, standards through IAM RoadSmart and the Institute of Motorcycle Industries. The SAM Constitution should reflect its wider role in the local community, to support public road safety education and our activities in supporting NHS services and other local charities.  

When Trustees are acting on behalf of the IAM RoadSmart Affiliated Group all procedures, activities and events will be carried out in accordance with the guidance given in the IAM RoadSmart Affiliate Group Handbook. When acting on behalf of the SAM charity, the Constitution purposes will reflect the wider role of the charity in our relationship with health, local government, local community organisations and the social and welfare support provided for our wider membership. A wider membership is required to prevent a loss of knowledge, skill and advanced riding experience. This membership criteria makes a wider pool of volunteers available to support the SAM charity. It also provides more stability in managing and organising the affairs of the charity; and, to help when raising revenue to continue pursuing our charitable purposes and objectives, helping motorcyclists ride safer on UK public roads; and to help increase road safety for anyone who uses the public highway. 

To reflect the geographical area imposed by IAM RoadSmart, the name of the charity will be named the Sheffield Advanced Motorcyclists (SAM). All Committee members are Trustees of the Sheffield Advanced Motorcyclists charity. The SAM charity will maintain an Affiliation with the Institute of Advanced Motorists Limited (also known as IAM RoadSmart). The changes in the SAM charity’s Constitution reflect our need to develop our charitable activities to take account of social changes in an ageing population, economic hardship, the social need for a cost-effective form of transport and the integration with health authorities, local authorities and other welfare and charitable organisations in our community. Motorcycling is seen as helping to meet the UK Government’s climate change goals by using less fossil fuel over the distance travelled, a smaller road footprint and producing less damage to the environment. The knowledge and skill required to ride on public roads needs, for each rider, to recognise that advanced riding skills make travelling on  public highways safer, for both the rider and other road users.

General
  1. The SAM charity Committee will act solely in the purposes and  interests of the charity.

  2. To serve our local community, the SAM charity will remain an Affiliate Group of the Institute of Advanced Motorists Limited. This provides guidance, structured training, an advanced motorcycle test and nationally recognised quality assurance for services given to the local community.

  3. When servicing this Affiliation SAM undertakes to follow the rules and procedures set out in the IAM RoadSmart Group Affiliate Handbook. All Trustees should be familiar with these rules and procedures.

  4. Affiliation does not authorise the SAM charity to make any representation that would involve the Institute in any liability whatsoever.

  5. IAM RoadSmart has the power, at its own discretion, to cancel Affiliation and reinstate it, on any terms and conditions it considers appropriate, at any time. This power is subject to the Group being given the right of appeal to the IAM RoadSmart Council.

  6. The SAM charity, will determine, by a majority vote of its members, if IAM RoadSmart Affiliation should continue.

  7. The IAM RoadSmart Group’s name, scope and geographic area of operation may be defined by the IAM RoadSmart Council. Any change will not be implemented without prior notice to the Group Committee.

  8. To respect the Institute’s copyright in its badge or logo, to use these in the Affiliate Group’s literature in the form allowed by the Institute and to endeavour to prevent the badge or logo from being otherwise reproduced without the consent of the Council of the Institute and to report to the Chief Executive of the Institute any such reproduction.

  9. To endeavour to ensure that the good names of the Institute and the Affiliate Group are maintained and are not brought into disrepute by the conduct of any Affiliate Group Member.

  10. To refer to the Institute Council for guidance in the event of any difficulties which may arise.

  11. To endeavour to ensure that no member of the SAM charity brings the name of the charity into disrepute.

  12. To endeavour to ensure that no member of the SAM charity uses any identifying marks, logos or symbols to do anything other than promote the charity’s objects and purposes.

Membership
  1. SAM Affiliated Group members must be current members of IAM RoadSmart. SAM charity annual membership will be discounted for members who are also paid up members of IAM RoadSmart.

  2. SAM charity members must be a fully paid up member of the charity. The cost of SAM charity membership is determined by the Trustees and may vary according to the economic and social conditions at any point in time. To ensure equity for all members, there will be an enhanced annual membership fee for SAM charity members who are not members of IAM RoadSmart. This fee will be determined annually by the SAM charity Committee.

  3.  SAM charity members must undertake to support the objects and purposes of the SAM charity.

  4. The SAM Committee may invite IAM RoadSmart members or non-members to be President or Vice-President of the Group. Any non-members should not describe themselves as IAM RoadSmart members, but may describe themselves as SAM charity members.

  5. The SAM Committee may, for the purposes of providing specialist knowledge, skills or expertise, appoint suitable members to form a sub-committee. Any such sub-committee must report progress on their terms of reference and agenda to the SAM Committee.

  6. In recognition of past service, members who remain fully paid up members of IAM RoadSmart, can serve on the SAM Committee as Honorary members.

  7. If SAM Committee Honorary Members serve as Committee members and/or Observers, a Group subscription must be paid to IAM RoadSmart.

  8. The SAM charity may invite its members to be members of the charity’s Committee, or any sub-committees it may need to further its charitable purposes.

  9. The SAM Committee must, on completion of an application form and payment of a membership fee, accept anyone who is a paid up member of IAM RoadSmart. An expelled Group member does not have to be accepted, but they do have a right of appeal to the IAM RoadSmart Council.

SAM charity membership is open to anyone in the local community who undertakes to support the purposes and objects of the charity.

Associates
  1. IAM RoadSmart’s Chief Executive will determine the financial terms on which the SAM Affiliate Group may accept Associate Members.

     

Unless the Associate becomes a full member, SAM affiliate Associate membership will last a maximum period of one year. During this period the Associate should endeavour to become a full member. In special circumstances, the one year period can be extended at the discretion of the SAM Committee.

Charity Membership
  1. Members of the general public can become SAM charity members. This membership category will include anyone who undertakes to support the purposes and objects of the SAM charity.

  2. On payment of a membership fee, determined by the SAM charity Committee, membership of the SAM charity is open to anyone who supports our charitable purposes, activities and events. This provision prevents the exclusion from membership on the grounds that the applicant no longer wishes to be a member of IAM RoadSmart and is pursuant to a non-discrimination policy. We encourage and support any member of the public to support the SAM charity’s purposes to inform, educate and encourage the development of advanced motorcycle riding skills; and, the promotion of safer road use in the UK.

  3. The only SAM affiliate membership categories permitted by Affiliation to IAM RoadSmart are SAM affiliate Full Member, Associate Member, Honorary Member and Friend.
  4.  

Objects & Powers
  1. The objects of the SAM charity are for the public benefit to promote the improvement in the standards of motorcycle riding and the advancement of road safety in the UK. It can:
    1. Lawfully raise such funds as it needs to achieve its objects.
    2. Accept, from any person or entity lawfully able to make, any gifts and donations.
    3. Publicise, through any lawful media channel, events and activities that promote the purposes and objects of the SAM charity.
    4. To liaise, cooperate and coordinate publicity, events, support and activities with other organisations, both local and national, to promote improvement in road safety in the UK.
    5. To make such recompense, as approved by the Trustees, to members to offset any activity expenditure, solely undertaken in furtherance of the SAM charity’s purposes.
  3. The SAM Affiliate Group activities are restricted to the following powers:
    1. To encourage and assist motorcyclists and drivers to become and maintain their membership of IAM RoadSmart.
    2. To publicise IAM RoadSmart and its work throughout the area.
    3. To provide road safety and competitive events for Full Members, Associate Members, Honorary Members, Friends and members of the general public. Riding and driving events on public roads must not be timed.
    4. To provide exhibitions, meetings, lectures, classes, seminars and courses.
    5. To provide publicity material, printed, audio or visual, for distribution to the general public. To use social media channels to promote and advertise the development of advanced motorcycle riding knowledge, skills and experience. Also, to take advantage of any new technologies that support and/or enhance the promotion of safer road use in the UK.
    6. To raise funds and receive contributions from any person and contributions from any group or legal entity. Permanent trading activities are forbidden.
    7. To invest any monies, not required immediately to meet SAM affiliate expenditure, in agreed, lawful, investments, security or property.
    8. To do any other lawful activity that is needed to achieve the SAM affiliate’s objects.

Constitution
  1. The SAM charity Committee can consist of charity members,  full members of IAM RoadSmart and other persons with the knowledge, skills and experiences to assist in providing the purposes of the charity. It should consist of a Chairperson, Secretary, Treasurer and, if required, a Vice Chairperson, with a minimum of three other full members. The total number of Committee members should not exceed twenty.
     
  2. All SAM charity Committee members shall be elected at an Annual General Meeting.
  3. Wherever there might be a conflict of interest, no SAM charity Committee Officer can hold an officer position in another IAM RoadSmart Affiliated Group. Any decision can be appealed to the IAM RoadSmart Council.
  4. Members disqualified by law are not eligible to serve on the SAM charity Committee.
  5. All officers must retire annually by rotation and may offer themselves for re-election by full IAM RoadSmart members.
  6. Nomination for Committee membership shall be made, in writing to the Secretary, no less than seven days prior to the AGM. Nominations must be proposed and seconded by Group Full Members; and have the signed approval of the nominee Nominations will only be accepted from the floor of the AGM meeting if a written nomination for that Committee position has not been received. Also, the person nominated from the floor is present and agrees to be nominated.
  7. The Council of the Institute of Motorists Limited reserves the right to appoint a senior representative of the Institute to any Group Committee (without voting rights).
  8. Senior representatives appointed by the Council shall be authorised to attend Group Committee Meetings (without voting rights).
    1. To further the objects of the Charity.
    2. To encourage and assist motorists and/or motorcyclists to become Members of the Institute of Advanced Motorists.
    3. To foster and maintain interest in the Institute of Advanced Motorists amongst Members and to keep them informed by way of a periodic Newsletter.
    4. To make arrangements for road safety and other events which further the objects of the SAM charity.
    5. To ensure that no SAM charity Member derives any pecuniary benefit from SAM charity resources through their membership of the charity.
    6. The SAM charity Committee should seek to help all Affiliate Group Full Members remain current Institute of Advanced Motorists Members and must not renew the Affiliate Group membership of any Group Full Member where it is known that their Institute membership has ceased. Such a member can remain a member of the SAM charity on payment of an enhanced membership fee.
    7. Generally to cooperate with the Council of the Institute of Advanced Motorists.
    8. To record and retain Minutes of meetings of the Committee, AGM’s and EGM’s for a minimum of ten years.

Committee Duties & Responsibilities
  1. To further the objects of the Charity.
  2. To encourage and assist motorists and/or motorcyclists to become Members of the Institute of Advanced Motorists.
  3. To foster and maintain interest in the Institute of Advanced Motorists amongst Members and to keep them informed by way of a periodic Newsletter.
  4. To make arrangements for road safety and other events which further the objects of the SAM charity.
  5. To ensure that no SAM charity Member derives any pecuniary benefit from SAM charity resources through their membership of the charity.
  6. The SAM charity Committee should seek to help all Affiliate Group Full Members remain current Institute of Advanced Motorists Members and must not renew the Affiliate Group membership of any Group Full Member where it is known that their Institute membership has ceased. Such a member can remain a member of the SAM charity on payment of an enhanced membership fee.
  7. Generally to cooperate with the Council of the Institute of Advanced Motorists.
  8. To record and retain Minutes of meetings of the Committee, AGM’s and EGM’s for a minimum of ten years.

Meetings
  1. The SAM charity Committee shall call ordinary meetings of the charity’s Committee at least once every three months.

  2. A Chairperson shall have a casting vote.

  3. A quorum of the SAM charity Committee shall be one third of all Committee Members or three, whichever is the greater.

AGM & Extraordinary
  1. An AGM must be held once in every calendar year and within 18 months of the previous AGM. At least 21 days but not more than 60 days notice shall be given in writing to the SAM charity Full Members. (Publication in the Group Newsletter shall be deemed sufficient if it is received by all Group Full Members to provide at least 21, but not more than 60 days notice).

  2. An EGM may be called at any time by the Committee to deal with any items deemed by the Committee to be special business. At least 21 days but not more than 60 days notice stating the business to be discussed, shall be given in writing to SAM charity Full Members.

  3. SAM charity Full Members also have the right to call an EGM. The matter/s for discussion must be put in writing, stating the business to be considered and signed by at least 5 SAM charity Full Members or five percent of the total number of Group Full Members, whichever is the greater, and forwarded to the SAM charity Secretary who will call an EGM within 36 days. The notice from the SAM charity Secretary to the charity Full Members shall be in writing giving a minimum of 7 days notice, and state the business to be discussed.

  4. A quorum for an Annual General Meeting or Extraordinary General Meeting shall be 5 SAM charity Full Members or five per cent of the total number of Full Members, whichever number is greater.

Finance
  1. To ensure that all Third Party Liabilities and Affiliate Group Assets are covered at all times by an adequate policy of insurance.

  2. To consider and if decided appropriate by the Group and approved by the Charity Commission (in Scotland and N. Ireland the Inland Revenue) to arrange and maintain Trustee Indemnity Insurance.

  3. To open and operate a Bank or Building Society Account, in the name of the Affiliate Group, to be used solely to manage the finance of the Affiliated Group. The SAM charity Committee shall authorise in writing the Treasurer, the Secretary and two or more other members of the Committee to sign cheques on behalf of the Group. All cheques shall be signed by not less than two of the authorised signatories.

  4. The SAM charity shall open and operate a Bank or Building Society Account, in the name of the SAM charity. The purpose of this account is to manage the financial affairs of the SAM charity that are not related to those of the Affiliation with the Institute of Advanced Motorists. The SAM charity Committee shall authorise in writing the Treasurer, the Secretary and two or more other members of the charity’s Committee to sign cheques on behalf of the charity. All cheques shall be signed by not less than two of the authorised signatories.

  5. To maintain and keep proper records of the Receipts and Payments and the Assets and Liabilities of the Affiliated Group. These to be retained for at least seven years.

  6. The SAM charity will maintain and keep proper records of receipts, payments, assets and liabilities of the Charity for a period specified in UK law.

  7. To apply the funds belonging to the Group only for purposes in furthering the objects of the Group.

  8. The SAM charity will apply the funds belonging to the Charity solely for furthering the purposes and objects of the SAM charity.

  9. To have prepared annual accounts and reports which are approved by the SAM charity Committee, submitted to SAM charity Full Members in general meeting (normally the AGM) and then sent to the Institute’s Chief Executive.

  10. To submit, annually, a SAM charity Trustees Report and audited accounts to the UK Charity Commission.

Rules
  1. Affiliate Groups are not permitted to add to or amend in any way the Group Rules of Affiliation. Committee Standing Orders or Affiliate Group Local Rules, are permitted but these cannot contradict the Group Rules of Affiliation or be contrary to the aims or constitution of the Institute.

  2. Changes to the Group Rules of Affiliation may only be made by the Institute’s Council. The Charity Commission and the Inland Revenue Statutory Regulations will always take precedence over Affiliate Group Rules.

  3. Any proposal to choose or alter a Group name must be submitted to the Institute’s Chief Executive for the approval of the Council of the Institute.

Expulsion

The Group Committee may expel a Group Full Member, Group Associate Member, Group Honorary Member or Group Friend from the Group for conduct inconsistent with the aims and objects of the Institute and/or Group, but any such person shall first be given the opportunity to submit representations to the Group Committee and shall always have the right to appeal to the Council of the Institute.

Winding up
  1. If the Affiliate Group Committee by a simple majority decide at any time that on the grounds of expense or otherwise it is necessary or advisable to wind up the Group, it shall call a meeting of all Group Full Members, of which meeting not less than 21 days but not more than 60 days notice in writing shall be given. If such a decision shall be confirmed by a two-thirds majority of those present and voting at such meeting, the Affiliate Group Committee shall wind up the Group. Any surplus Affiliate Group assets remaining after the settlement of all liabilities shall be handed over to the Council of the Institute to be applied for the Institute’s charitable objects.

  2. If the SAM charity becomes financially or socially unsustainable then, with the support of a two-thirds majority of members, the charity can be wound up. Any surplus funds shall, with the support of a two-thirds majority of members, be donated to another road safety charity. At the time of winding up, the choice of charity will be determined by at least a quorum of the SAM charity Committee. 

*lf the Institute is no longer in existence when the Group is wound up, then the surplus assets shall be paid to such charity or charities as the Group Committee shall select; to be applied for similar charitable purposes.

All references to the Affiliate Group Committee will, where appropriate, apply to the Group Council, if one exists.

Appendix A: Definition

The objects and purposes of a UK charity will vary depending on its specific aims and goals, which are outlined in its governing document, such as its constitution or trust deed. However, there are some common elements that most charities share.

In general, the objects and purposes of a UK charity are to provide benefits to the public, which can include:

  1. The relief of poverty, sickness, and distress: Many charities aim to alleviate suffering among those who are most in need, such as people living in poverty, those who are sick or disabled, and individuals experiencing emotional or mental distress.
  1. The advancement of education: Charities may work to improve access to education, support lifelong learning, or provide educational resources to disadvantaged individuals.
  1. The advancement of religion: Charities may aim to promote the practice and understanding of a particular faith, or to support religious institutions and activities.
  1. The promotion of health: Charities may aim to improve public health, support medical research, or provide healthcare services to those in need.
  1. The advancement of environmental protection or improvement: Charities may aim to protect the environment, conserve natural resources, or promote sustainable development.
  1. The advancement of arts, culture, heritage or science: Charities may aim to promote the appreciation and understanding of the arts, culture, heritage or science.
  1. The promotion of equality and diversity: Charities may work to promote social justice, challenge discrimination, and promote equal opportunities for all.

Charities must be established for exclusively charitable purposes, meaning that their aims must be beneficial to the public rather than for private gain. The Charity Commission, the regulator of charities in England and Wales, provides guidance on what qualifies as a charitable purpose.

Appendix B: UK Charity Commission Guidance

Your charity’s purposes and the rules for how it should operate are set out in its governing document.

Only change your governing document if it’s in your charity’s best interest to do so. For example if:

  • your charity’s purposes aren’t a practical or appropriate way to meet the need it was set up for any more
  • your governing document doesn’t say who your charity’s trustees are or how they are appointed
  • provisions explaining how you must run the charity (for example, how to arrange meetings) are no longer relevant or practical


As trustees, you’ll need to decide that the change is necessary and what it should be. You can make some changes yourself but others need Charity Commission permission.

 

Changes you can make yourself

You can change your charity’s governing document yourself if either:

  • your governing document specifies that you have ‘the power’ to make the change
  • the law (for example, the Charities Act or the Companies Act) allows you to make this kind of change

Changes allowed by governing documents

Your charity’s governing document may contain a ‘power of amendment’ that allows you to make certain changes yourself. If it does, check if:

  • the amendment you want to make is allowed by that power
  • you need to get the commission (or someone else) to approve the change

If your charity is a company or CIO, you can usually change its articles of association (for companies) or constitution (for CIOs) yourself, unless the change is a ‘regulated alteration’ (see ‘changes the commission needs to approve’).

Changes allowed by law for trusts and unincorporated associations

The law usually allows you to change your charity’s administrative rules yourself, providing it’s a trust or an ‘unincorporated’ charity. This means it’s not a :

  • charitable company
  • corporation created by Act of Parliament
  • Royal Charter corporation
  • charitable incorporated organisation (CIO)
  • community benefit society

If your charity is unincorporated, you can change:

  • its name
  • how its members and trustees are appointed
  • how its meetings should be managed
  • whether it can borrow or invest money
  • how it can work with other charities

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