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.