Guidance for local infrastructure organisations on the use of the Small Charity Constitution

• The small charity constitution has been designed to be a legally sound document for small charities that is simple to use for people that are not used to writing constitutions. NAVCA encourages its members to use it with relevant groups.
• This constitution will not be suitable for all small charities and there is no compulsion for small charities to use this particular model. It may be necessary or advisable to amend it or to use a different model for certain charities.
• The model does not present all the possible options that are permissible under charity law. This is deliberate and is to make it as simple as possible. Detailed conversations with a charity may reveal that certain sections are not appropriate for that charity. However it does seek to provide a workable document for many small charities.
• It may be approriate to remind organisations using this constitutiuon that it is important to review their constitution periodically and checking that it is fit for purpose.
• Although it has been designed to be used for small charities, it is likely to be of use for other community organisations and can be used for this purpose.
• Where a charity is likely to develop rapidly, own property or employ staff it is likely to be more appropriate to use other models.
• Charity Law applies to small charities (whether above or below the registration threshold) and the Charity Commission is the regulator of all charities whether or not they are registered with them.
• This constitution does not seek to incorporate all legal requirements into the constitution (such as the requirement to register once income reaches £5,000), as doing so would be inappropriate. For example including the requirement to register once income reaches £5000 could imply that the requirement to register could be altered by amending the constitution. It would also cause confusion if the legal requirement changes.