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22 & 23 Geo.
5. |
Royal Society for
the Prevention of Cruelty to Animals Act, 1932.
| ||
|
CHAPTER XXXIX.
| |||
| A.D. 1932 |
An Act to incorporate and confer powers upon the Royal Society for the Prevention of Cruelty to Animals. | ||
|
[16th
June 1932.] | |||
| WHEREAS in the year
one thousand eight hundred and twenty-four at Old Slaughter’s Coffee House
Saint Martin’s Lane in the city of Westminster a society for the
prevention of cruelty to animals was established by divers benevolent
persons having for its object the mitigation of animal suffering and the
promotion and expansion of the practice of humanity towards the inferior
classes of animated beings: | |||
| And whereas Her
most Gracious Majesty Queen Victoria was pleased to grant Her Royal
patronage to the Society and in the year one thousand eight hundred and
forty graciously permitted the Society to use the title of "the Royal
Society for the Prevention of Cruelty to Animals ": | |||
| And whereas the
Society so formed (hereinafter called " the existing Society ") has from
that date down to the present time enjoyed the favour of royal patronage
and with such support has grown greatly in size and influence and now
consists of upwards of seven thousand five hundred members:
| |||
|
And whereas the
existing Society is under the management of a Council elected by the
members to control the affairs funds property and proceedings of the
Society subject to the rules of the Society: | |||
| And whereas a
committee appointed on the twentieth day of December one thousand nine
hundred and twenty- eight by the Council of the existing Society to revise
the rules of the existing Society with a view to making therein such
alterations and additions as might be considered desirable duly entered
upon such revision and in due course submitted to the Council a set of new
rules: | |||
| And whereas such
rules were fully considered and further revised by the Council and the
roles so revised are in the form set out in the schedule to this Act:
| |||
| And whereas the
existing Society has been and is being supported by the donations legacies
and subscriptions of members of the existing Society and others who
sympathise with its objects: | |||
| And whereas the
existing Society and its branches own or are beneficially entitled to
leasehold and freehold land and personal property: | |||
| And whereas the
Council has from time to time appointed trustees to hold on behalf of the
existing Society for the general purposes thereof the property of the
Society and whereas the persons appointed as such trustees are at the
present time Sir Robert Gower O.B.E. D.C.L. J.P. M.P. Lieutenant-Colonel
Thomas Cecil Russell Moore C.B.E. M.P. and Charles Augustus Phillimore
Esquire: | |||
| And whereas it is
expedient that the members of the existing Society should be incorporated
and that the property of the existing Society should be transferred to and
vested in the Society so incorporated upon the terms upon which it is now
held and subject to the like trusts and conditions if any affecting the
same: | |||
| And whereas the
several purposes aforesaid cannot be carried into effect without the
authority of Parliament: | |||
| May it
therefore please Your Majesty that it may be enacted and be it enacted by
the King’s most Excellent Majesty by and with the advice and consent of
the Lords Spiritual and Temporal and Commons in this present Parliament
assembled and by the authority of the same as follows: – | |||
| Short title. |
1. This Act
may be cited for all purposes as the Royal Society for the Prevention of
Cruelty to Animals Act 1932. | ||
| Definitions. |
2. In this
Act the following expressions have the following meanings unless the
context otherwise requires (that is to say): | ||
| "
The Society " means the body corporate constituted by this Act by the name
of the Royal Society for the Prevention of Cruelty to
Animals; | |||
| "
The existing Society " means the existing unincorporated body known as the
Royal Society for the Prevention of Cruelty to Animals; | |||
| "The trustees" means Sir Robert Gower O.B.E. D.C.L. J.P. M.P.
Lieutenant-Colonel Thomas Cecil Russell Moore C.B.E. M.P. and Charles
Augustus Phillimore Esquire; | |||
| "
Headquarters " means the chief office of the Society for the time being;
"The rules" means the rules of the Society for the time being in
force; | |||
| "
The Council" means the Council of the Society constituted in accordance
with the provisions of this Act of which the marginal note is "
Council." | |||
| Incorporation. | 3. The
persons who immediately before the passing of this Act were members of the
existing Society and all such other persons as shall hereafter become
members of the Society in accordance with the rules shall be and they are
hereby incorporated for the purposes hereinafter mentioned by the name of
the Royal Society for the Prevention of Cruelty to Animals and by that
name shall be a body corporate with perpetual succession and a common seal
and by that name may sue and be sued. | ||
| Objects of Society. | 4. The
objects of the Society shall be to promote kindness and to prevent or
suppress cruelty to animals and to do all such lawful acts as the Society
may consider to be conducive or incidental to the attainment of those
objects. | ||
| Transfer of property and liabilities | 5. From and
after the passing of this Act all property real and personal rights
easements and choses in action immediately before the passing of this Act
vested in or held by or under the control of the existing Society or by or
under the control of the trustees or by or under the control of other
persons for the purposes of the existing Society or for specific purposes
in relation thereto and all property and rights as aforesaid to which the
trustees or any of them or any other persons are now entitled as such
trustees or for such purposes or any of them shall by virtue of this Act
without any conveyance or other instrument be and the same are hereby
vested in and transferred to the Society to the same extent and for the
like estates and interests as those to or for which the same are now
vested in or held by or under the control of the existing Society or the
trustees or such other persons or vested in the official Trustee of
Charity Lands in trust for the existing Society but subject to all
incumbrances charges and liabilities affecting the same immediately before
the passing of this Act and the same may subject to the provisions of this
Act be held exercised and enjoyed accordingly and all debts liabilities
and obligations immediately before the passing of this Act due from and
binding upon the existing Society or upon the trustees as such trustees or
upon such other persons shall be and the same are to the exclusion of the
existing Society or of the trustees or of such other persons as the case
may be hereby transferred to and made binding upon the Society All
property real and personal rights easements and choses in action vested in
and transferred to the Society under this action shall be used for and
applied to the purposes of the Society or such specific purposes as
aforesaid as the case may
be: Provided that this section shall not extend (1) to any share stock annuity or property which is not transferable by deed or is only transferable in books kept by a company or other body or in manner directed by or under any Act of Parliament but such share stock annuity or property shall be transferred as soon as conveniently may be to the Society or (2) to any share stock annuity or property held by the Official Trustees of Charitable Funds. | ||
| Branch property. | 6.- (1) Any
branch of the Society may if it so thinks fit appoint the Society either
alone or jointly with any other person or persons as trustee of any
property real or personal belonging to such branch. | ||
| (2) The person or
persons empowered under any trust instrument to appoint trustees of
property held in trust for the purposes of any branch of the Society may
appoint the Society either alone or jointly with any other person or
persons as such trustee. | |||
| (3) The Society
shall be entitled to act as trustee of any property of which it is
appointed trustee jointly with any other person or persons or alone
notwithstanding anything contained in the instrument (if any) creating
such trust. | |||
| Confirmation of gifts. |
7. Every
donation gift and disposition of property real or personal lawfully made
prior to the incorporation of the Society but not having actually taken
effect whether by deed will or otherwise to or in favour of the existing
Society shall take effect as if the same had been made to or in favour of
the Society. | ||
| Application of funds. |
8. Every
payment to the Society made after the passing of this Act whether by way
of subscription donation or legacy or in any other way and the income from
or proceeds of sale of any property or investment of the Society shall
(unless otherwise provided by the person making such payment or by the
trusts express or implied upon which such property or investment is held)
be applicable both as to the capital and income thereof either as capital
or income for the purposes of the Society. | ||
| Council. |
9.- (1) The
Society shall be under the management of a Council and the Council shall
subject to the provisions of this Act and of the rules control the affairs
funds property and proceedings of the Society. | ||
| (2) The members of
the Council of the existing Society shall be the members of the first
Council of the Society. | |||
| (3) Future Councils
shall be elected by the members according to the election procedure
directed by the rules provided that for the purpose of determining the
retirement of members of the first Council under the rules the Society
shall be deemed to have been in existence at the date when any member of
the Council was elected thereto. | |||
| Rules. |
10. The
rules of the Society shall be those set out in the schedule hereto
Provided that the Society may from time to time by resolution passed in
accordance with the rules of the Society make rules in addition to the
rules so set out and may in like manner alter amend or revoke any rule so
made or so set out but no such additional rule alteration amendment or
revocation which affects either directly or indirectly the property or
funds of the Society shall be valid or effectual unless or until the same
has been confirmed by an order of the High Court of Justice or a judge
thereof or by an order of the Charity Commissioners Provided also that no
rule so made and no such alteration or amendment shall be repugnant to the
provisions of this Act or of the general law. . | ||
| Power to sell mortgage &c. lands
&c. |
11- (1) The
Society may from time to time sell mortgage charge let upon lease exchange
or otherwise dispose of the lands tenements and hereditaments or any
personal estate and property (including moneys secured on mortgage of or
charged upon any hereditaments) or any part thereof by this Act vested in
it or which shall hereafter be vested in it or any easements rights or
privileges to be exercised or enjoyed in over upon or under the same or
any part thereof and may do and execute all such matters and things as may
be necessary for effectuating and completing any such sale mortgage charge
exchange or disposition Provided always that the moneys to arise
from any such sale mortgage charge lease exchange or otherwise as
aforesaid shall be applied by the Society only for the purposes or some or
one of the purposes for which the same are applicable under this
Act. | ||
|
(2) The discharge
of any loan raised by means of any such mortgage or charge as in this
section is mentioned or of any part thereof may be effected either by
payment by installments or by means of a sinking fund and if the Society
at any time think proper to form any such sinking fund all sums paid into
the same shall as soon as may be be invested by the Society in any manner
in which the Society is by this Act authorised to invest moneys in their
hands requiring investment: | |||
| Power of investment. |
12.- (1) Any
part of the capital or the income of the Society which is not required for
the time being for the purposes of the Society may be invested until so
required in any investments from time to time authorised by law for the
investment of trust money. | ||
| (2) Subject to the
provisions of the Mortmain and charitable Uses Act 1891 the Society may
retain any investment or other property real or personal held by the
Society or which may from time to time be devised given or bequeathed to
the Society though not being investments or property authorised to be
acquired hereunder or may disclaim any such investment or property and may
accept and retain or refuse any new shares stock debentures or debenture
stock in any company which may be offered to it in respect of any
investments retained as aforesaid and the Council shall not be liable for
any loss which may occur by reason of any such retention acceptance or
refusal. | |||
| Payments on transfers in reliance of commonseal protected. | 13. Any
company or person who shall make or permit to be made any transfer or
payment bona fide in reliance on any instrument to which the common seal
of the Society is affixed shall be indemnified and protected in respect of
such transfer or payment not withstanding any defect or
circumstance affecting the execution of the instrument. | ||
| Meetings and proceedings of Society. | 14. Meetings
of the Society shall be held and the proceedings thereat shall be
conducted in accordance with the provisions in that behalf contained in
the rules. | ||
| As to common seal. | 15. The
common seal of the Society shall not be affixed to or impressed upon any
deed or document except in the presence of two members of the Council and
of the chief secretary of the Society or other person appointed by the
Council for such purpose who shall sign their names upon such deeds or
documents in attestation of such seal having been affixed in their
presence. | ||
| Extent of Act. | 16. This Act
shall not extend to Northern Ireland. | ||
| Costs of Act. |
17. All the
costs charges and expenses preliminary to and of and incidental to the
preparing for obtaining and passing of this Act or otherwise in relation
thereto shall be paid out of the funds of the
Society. | ||
|
| |||
|
The SCHEDULE
referred to in the | |||
|
foregoing Act.
| |||
|
The
Rules. | |||
| Name. |
I. The Society shall be called the Royal Society for the Prevention
of Cruelty to Animals. | ||
| Objects. |
II. The objects of the Society
shall be to promote kindness and to prevent or suppress cruelty to animals
and to do all such lawful acts as the Society may consider to be conducive
or incidental to the attainment of those objects. | ||
| Constitution. | III.
The Society shall consist of life members honorary life members annual
members and ex officio members as hereinafter defined and for the purposes
of administration the Society shall comprise a central organisation with
office in London hereinafter referred to as "headquarters" and branches
including their auxiliaries established in accordance with these rules and
the regulations embodied in Rule XI. | ||
|
(1) Life Members – | |||
| (a) | A donation
of not less than twenty pounds paid in one amount either to headquarters
or to a branch shall constitute the donor a life member as from the date
of payment thereof; | ||
| (b) | Upon receipt
by headquarters or a branch of a donation of fifty pounds or more paid in
the name of a firm or corporation or association of persons or of a
donation of a like sum raised by a collection the Council shall have power
to appoint as a life member of the Society a person nominated respectively
by such firm or corporation or association or by the individual or
individuals who paid over the proceeds of such collection to the
headquarters or branch and failing such nomination a person nominated by
the branch if any which received the donation and if no such person is
nominated a person selected by the Council as a fitting
representative; | ||
| (c) | Any person
who was at the date when these rules take effect a life member shall
remain a life member; | ||
| (d) | The Council
shall have power to appoint as honorary life members persons who have
rendered distinguished service in the care of animal welfare and such
honorary life members shall have all the rights and privileges of a life
member; | ||
| (2) Annual Members- | |||
| (a) | An annual subscription of not less than one pound paid either to
headquarters or to a branch in one sum or by installments within any
financial year ending 31st December shall constitute the subscriber an
annual member end each subscriber shall continue to be an annual member
for twelve months from the date when the subscription or the final
installments thereof was paid provided that he shall not be entitled
unless otherwise qualified to any of the rights and privileges of
membership or to speak or vote at any annual or extraordinary general
meeting of the Society until three months after payment in full of his
first qualifying subscription; | ||
| (b) | The Council shall have power upon receipt by headquarters or a
branch of an annual subscription of not less than five pounds paid in the
name of a firm corporation or other body to appoint as an annual member
any representative nominated by such firm corporation or other
body; | ||
| (c) | An annual subscription of not lees than one pound but under two
pounds paid jointly by two or more persons shall entitle one only of such
joint subscribers to become an annual member. | ||
| (3) Provided always that the Council shall
have power to refuse any donation or annual subscription at any time if
the Council shall be of the opinion that it would not be advisable to
accept such donation or subscription having regard to the objects of the
Society and the Council shall not be under-any obligation to give any
reason for such refusal to the individual firm corporation association of
persons or other body presenting the same; | |||
| (4) Ex
officio members – | |||
| Secretaries of branches and auxiliaries of branches established in
accordance with these rules and the regulations embodied in Rule XI shall
during their tenure of office be ex officio members and entitled to the
full privileges attached to membership. | |||
| (5) All
subscriptions or donations referred to in this rule whether received by
headquarters or by a branch shall be duly paid into the appropriate
banking account and shall also be entered and published in the Society’s
annual report or branch report as the case may be. | |||
| Powers and duties of Council of Society |
IV. The Society shall be under
the management of a Council hereinafter called " the Council " who shall
subject to these rules control the affairs funds property and proceedings
of the Society and without
prejudice to such general powers shall in particular have power –
| ||
| (1)To fix the
date of their own meetings: | |||
| (2)To appoint
a patron or patrons of the Society a president and vice-presidents of the
Society a chairman of the Council and vice-chairman of the Council a
treasurer of the Society and trustees of the Society (not more than six or
less than three in number) and such other officers and bankers as they may
think fit: | |||
| (3)To appoint
and dismiss all paid officials of the Society and to make to such
officials in addition to their salaries or fees such other allowances or
compensation whether by way of pension or otherwise as the Council may
deem just or expedient: | |||
| (4)To appoint
committees and to entrust to such committees such powers and duties as the
Council think fit The chairman of the council and the vice-chairman
of the Council for the time being shall be ex officio members of each
committee: | |||
| (5)To make
byelaws (not inconsistent with these rules) for the management of the
affairs of the Society and the regulation of the proceedings of the
Council and of the committee: | |||
| (6)To arrange
for the proper conduct of punitive persuasive educational parliamentary
and all other operations and for making such disbursements as may be
considered necessary in furtherance of the objects of the
Society: | |||
| (7)To
establish branches of the Society in the manner hereinafter
provided: | |||
| (8)To
affiliate to the Society or to enter into any working arrangements with
any other society or any association or body of persons whether within the
British Isles or elsewhere having objects substantially identical with
those set out in Rule II on such terms and conditions and subject to such
supervision and control as may seem meet to the Council: | |||
| (9)To take a
poll of the members of the Society- | |||
| (a) | on any matter affecting the Society; | ||
| (b) | on any decision arrived at at an annual or extraordinary general
meeting; | ||
|
(c) |
when a poll has been duly demanded in accordance with Rule XXV
hereof: | ||
| (10) To
summon an extraordinary general meeting of the Society on any occasion
when the Council may deem it necessary. | |||
| Composition of Council. | V. (1)
The Council shall consist of forty members of whom twenty-four shall be
members of the Society elected as hereinafter provided and sixteen
(hereinafter called "branch representatives") shall be elected as
representatives of the sixteen groups of branches as hereinafter provided.
| ||
| (2) The
Council may at any time co-opt as a member of the Council any member of
the Society possessing special qualifications provided that the total
number of such co-opted members shall not at any time exceed three
All co-opted members shall retire each year at the first Council meeting
held after the annual general meeting but shall then be eligible to be
again co-opted. | |||
| (3) Subject
to and in accordance with the provisions of Rule IX the Council shall have
power to fill any casual vacancy occurring among their members including
any casual vacancy in the office of chairman vice-chairman or
treasurer. | |||
| (4) The
Council may act notwithstanding any such casual vacancy among their
members. | |||
| (5) The
Council shall at their first meeting after the annual general meeting of
the Society elect a chairman of: the Council a vice-chairman of the
Council a treasurer of the Society and committee for the ensuing year.
| |||
| Method of election of Council. | VI.
(1) The members of the Council other than the branch representatives
and co-opted members shall be elected by postal vote of the members of the
Society as hereinafter provided. | ||
| (2) One-third
of the members so elected shall retire annually at the annual meeting and
they shall retire in the order of seniority according to the date of their
election or last re-election to the Council the retirement of members of
equal seniority being determined by lot. | |||
| (3) The
retiring members of the Council shall be eligible as candidates for
re-election without any further nomination but no other persons shall be
eligible as candidates unless they are members of the Society and have
been duly nominated as candidates as hereinafter appearing.
| |||
| (4) The
Council shall prepare and circulate a form of nomination paper and no
member shall be eligible for election as member of the Council unless his
nomination paper is signed by the proposer and seconder and ten or more
other members of the Society A copy or copies of the form of
nomination paper shall on request be supplied to any member of the
Society This form shall provide space for the insertion of all
necessary particulars as to the candidate including the date when he first
became and how long he has been a member of the Society and for a brief
statement of the work he has done for animals and his other qualifications
if any for membership of the Council The form shall also provide for
a statement to be signed by the candidate of his willingness if elected to
serve on the Council. | |||
| (5) The
voting papers containing the name and addresses of all the candidates
shall not earlier than the date of the circulation of the annual report
and not later than twenty-eight clear days before the annual meeting be
sent by the chief secretary to all the members of the Society entitled to
vote together with a memorandum containing particulars referred to in the
foregoing paragraph and the names of their respective proposers seoonders
and nominators. | |||
| (6) The
voting papers shall be returned to the chief secretary signed by the
members voting within fourteen days after the same shall have been issued
to the members and may be sent through the post or otherwise and the votes
shall be counted by the chief secretary and the names of the successful
candidates announced at the annual general meeting In the
event of there being more than eight candidates for election each member
shall be entitled to vote for eight candidates and no more but shall not
give more than one vote to any candidate In the event of there being
eight candidates for election and no more all the candidates shall be
deemed to have been elected without any vote being taken and in the event
of there being fewer than eight all the candidates shall be deemed to have
been elected and the vacant places to make up eight shall be regarded as
casual vacancies to be filled up by the Council under the provisions of
Rule IX. | |||
| (7) The
branch representative members shall be elected triennially and for such
purpose the branches throughout the country shall be divided into sixteen
groups as the Council shall from time to time determine Each group
shall be entitled to elect one representative Each group may fill up
a casual vacancy occurring in its representation by electing another
representative who shall hold office for the same time as the
representative whose place he fills would have held it but he shall not
thereby become entitled to succeed to any other office or sit on any
committee unless and until duly elected thereto The Council may draw
up and from time to time vary regulations for the grouping of the branches
and the election of the branch representatives. | |||
| Council members to act without remuneration. | VII.
The members of the Council shall act without remuneration provided that
the Council may defray the reasonable travelling expenses incurred by
members of the Council to and from their homes to Council and committee
meetings and all members of the Council when deputed to travel on the
Council’s business shall be entitled to reasonable travelling
expenses. | ||
| Circumstances under which office of Council member is vacated. | VIII.
The office of a member of the Council shall be vacated - | ||
| (1)if by
notice in writing to the chief secretary he resigns his office or if he
ceases to be a member of the
Society; | |||
| (2)if he
absents himself from the meetings of the Council for the space of twelve
months (reckoned from the date of his last attendance) and if the Council
in such circumstances call on such member to resign; | |||
| (3)if he
becomes bankrupt and the Council call upon such member to resign or if he
is certified as a lunatic or of unsound mind or placed under
restraint. | |||
| Casual vacancy on Council. | IX.
Whenever a casual vacancy occurs amongst the members of the Council {other
than branch representatives) the chief secretary shall report such vacancy
at the next meeting of the Council but the said vacancy shall not be
filled up at that meeting No candidate shall be proposed for
election at a Council meeting unless notice in writing with the name and
address of the candidate and also of the proposer and seconder who must
both be members of the Council have been sent to the chief secretary at
least fourteen clear days prior to the date of the meeting and the names
of all candidates with their proposers and seconders shall be added to the
notice convening the meeting A candidate shall not be elected unless
he receives the votes of the majority of all the members present and
voting at the meeting A member so elected to the Council shall hold
office for the same time as the member whose place he fills would have
held it but he shall not thereby become entitled to succeed to any other
office or to sit on any committee unless and until duly elected
thereto. | ||
| Humane education committee. | X. The
Council shall have power to appoint triennially a humane education
advisory committee consisting of members of the Society or otherwise to
advise the Council on all matters appertaining to humane education.
| ||
| Rules concerning branches. | XI.
Branches of the Society whether in existence when these rules come into
force or to be established hereafter shall comply with and be subject to
the following regulations: – | ||
| (1)The branch
shall subject to the provisions in this rule contained adopt a set of
rules: | |||
| (2)A
committee shall be formed to carry on the work of the branch and the
following officers of the branch shall be appointed and all such
appointments shall be forthwith notified by the branch secretary to the
chief secretary for registration chairman treasurer auditor and
secretary: | |||
| (3)The branch
committee shall act in conformity with the declared policy and objects of
the Society in the branch area and be subject to the rules and byelaws of
the Society Branch boundaries shall be fixed by the Council after
consultation with the branch committee but the Council shall at all times
have power to vary such boundaries after further consultation with the
branch committee for the purpose of ensuring that districts do not overlap
and are conveniently placed in petty sessional divisions:
| |||
| (4)The title
of the branch shall be as follows:- "Royal Society for the Prevention of Cruelty to Animals....................................Branch." | |||
| (5)A branch
may for the purpose of facilitating its working divide its areas in
subsidiary branches to be called "auxiliaries" and every auxiliary shall
for the purpose of these rules be regarded as forming an integral part of
the branch A branch may also arrange for the appointment of district
correspondents for any area not served by an existing
auxiliary: | |||
| (6)One or
more inspectors properly trained and qualified to the satisfaction of the
Council will be sent where possible to do duty in the district of each
branch as and when requested by such branch subject to the approval of the
Council but the Council shall have power after consultation with the
committee of the branch or branches concerned to transfer or change such
inspectors: | |||
| (7)Each
branch shall contribute to headquarters at the rate of not less than £200
per annum or such other rate as the Council may from time to time
determine towards the cost of the services of each inspector sent to or
stationed in the area covered by that branch: | |||
| (8)Every
inspector shall be under the control of the Council except that subject to
any directions given by the Council the branch secretary or his authorised
representative may direct the inspector as to when and where he shall
perform duty: | |||
| (9)The wages
uniforms and travelling expenses of all inspectors and also the costs
charges and all other expenses incurred in or incidental to the conduct of
all prosecutions and all legal responsibility arising out of the work of
the inspectors within the scope of their duties shall be borne by
headquarters: | |||
| (10)Any
complaint of substance as to the conduct of an inspector shall be reported
forthwith by the branch secretary or other official to the chief
secretary: | |||
| (11)No
prosecution shall in any circumstances whatever be instituted in the name
of the Society except under the authority of the Council or its duly
authorised officer: | |||
| (12)All
moneys received by a branch and when practicable by an auxiliary of a
branch shall be placed in a local bank to the credit of an account in the
name of such branch or auxiliary: | |||
| (13)The
secretary of each branch shall inform the chief secretary of the names and
addresses of all the branch officers and of any changes connected
therewith: | |||
| (14)The
secretary of each branch shall furnish the chief secretary not later than
the 31st January each year with the names and addresses of all members of
the branch who are members of the Society under Rule III The
secretary of the branch shall notify to the chief secretary the names and
addresses of every new member joining during the year within 28 days from
the receipt of the subscription of such new member and the decease or
resignation of any member within 28 days from the occurrence
thereof: | |||
| (15)A branch
may publish literature solely in the name of the branch for local purposes
but such literature shall not contain any statement contrary to the
Society’s objects or declared policy: | |||
| (16)Petitions
memorials or official representations if directed to Parliament Government
offices or departments shall only be made through or with the sanction of
the Council: | |||
| (17)All
legacies bequeathed to the Society {except those specifically bequeathed
to a particular branch) shall be received by the treasurer of the Society
but subject to any special trusts by which such legacies may be affected
the Council shall have power to direct that any legacy or the income
therefrom shall be paid to a particular branch: | |||
| (18)Each
branch shall publish an annual report showing a list of all subscriptions
donations and legacies received by such branch during the year ended 31st
December together with a properly audited financial statement and shall
forward copies of the same to all its subscribers of 5s. and over and to
the local press and also send two copies to the chief secretary:
| |||
| (19)Each
branch shall hold within six months of the close of its financial year an
annual general meeting for the adoption of its report and accounts and for
the election of the committee and officers for the ensuing year and notice
of such meeting shall be given to the chief secretary at least fourteen
days prior to the holding of such meeting and the Council shall be
entitled to send a representative to attend: | |||
| (20)A branch
may be dissolved by the Council either an their own initiative or after
consideration of a resolution duly passed at an annual or extraordinary
general meeting of such branch requesting the Council to dissolve the same
Notice of the resolution to be proposed at such branch meeting shall
be circulated by the secretary of the branch or some other responsible
branch officer to all persons entitled to vote thereat A copy of the
resolution so passed at the meeting shall be sent by the secretary of the
branch or some other responsible branch officer to the chief secretary and
such secretary or other officer shall certify in writing that the meeting
was called in accordance with this rule and the Council shall thereupon if
they think fit dissolve the branch The Council shall give one month’s
notice of their intention to dissolve the branch and such notice shall be
deemed to have been sufficiently given by the Council if forwarded by
registered post and addressed to the chairman secretary or other officer
of the branch: | |||
| (21)All
property both real and personal belonging to a branch so dissolved and
previously applicable for the general purposes of the branch shall be held
at the disposal of the Council and the Council shall use or apply such
property in the liquidation of the branch’s outstanding liabilities and
shall use or apply any balance thereafter remaining in carrying out the
objects and declared policy of the Society in the area of the branch so
dissolved in such manner as the Council shall after consideration of all
the circumstances of the case and after consulting such persons locally
interested as they deem advisable in their absolute discretion think fit
provided . that nothing in this rule shall affect the disposition of
property held under a specific trust and not forming part of the property
held for or in connection with the branch so dissolved: | |||
| (22)A branch
shall be empowered to receive subscriptions donations and legacies and
(subject to these rules and to any special trust by which such money may
be affected) any money received by it may be expended by the branch in its
area as it may see fit A branch may subject to these rules generally
manage its own affairs and shall be solely responsible for its own debts
and liabilities but shall not pledge the credit of the Society or the
Council. | |||
| Receipt and payment of monies on behalf of Society. | XII.
All moneys received on behalf of the Society at the headquarters shall be
paid into an account in the name of the Society at its bank for the time
being all payments shall be made by cheques drawn on such account and all
such cheques shall be signed by any two members of the finance committee
and counter-signed by the chief secretary Official receipts of the
Society signed by the treasurer of the Society or chief secretary shall be
regarded as a sufficient acknowledgment and discharge in regard to all
payments made to the Society at headquarters. | ||
| Proceedings by and against members and officers of Society. | XIII.
If with the sanction of the Council any prosecution action or other legal
proceeding shall be commenced by any member of the Society or by any
officer employed by the Council or if any prosecution action or other
legal proceeding is commenced against any member of the Society or any
officer employed by the Council for anything properly done by him under a
general or specific direction or with the sanction of the Council or in
pursuance of his general duty such member or officer shall be indemnified
against all loss damage and expenses attending such prosecution action or
other legal proceeding by and at the expense of the Society.
| ||
| Provisions regarding investment of funds. | XIV.–
(1) All real and leasehold property and investments belonging to the
Society other than property belonging to and retained by a branch shall be
held by the Society or the Official Trustees of Charitable Funds or the
Official Trustee of Charity Lands. | ||
| (2)Every
payment to the Society whether by way of subscription donation or legacy
or in any other way shall (unless otherwise expressly provided by the
person making such payment) be deemed applicable both as to the capital
and income thereof either as capital or income for the purposes of the
Society. | |||
| (3)Any part
of the capital or the income of the Society which is not required for the
time being for the purposes of the Society may be invested until so
required in any investments from time to time authorised by law for the
investment of trust money. | |||
| (4)Subject to
the provisions of the Mortmain and Charitable Uses Act 1891 and subject to
any direction by the Council the Society may retain any investment or
other property real or personal which may from time to time be devised
given or bequeathed to the Society though not being investments or
property authorised to be acquired hereunder or may disclaim any such
investment or property and may accept and retain or refuse any new shares
stock debentures or debenture stock in any company which may be offered to
them in respect of any investments retained as aforesaid and the Council
shall not be liable for any loss which may occur by reason of any such
retention acceptance or refusal. | |||
| Auditing of accounts. | XV.
The accounts of the Society shall be audited annually, and a financial
statement shall be prepared annually by the auditor of the Society who
shall be a public practising accountant showing the financial position of
the Society and the receipts and payments up to the 31st December last
past and the auditor shall prepare annually a list of securities held by
the Society and shall certify that such securities have been examined by
him and found intact. | ||
| Annual report. | XVI.
The Council at a meeting preceding the annual general meeting shall draw
up a report of the work of the Society for the preceding financial year to
be presented to the annual general meeting accompanied by the financial
statement referred to in Rule XV. | ||
| Annual meetings. | XVII.
An annual general meeting of the Society shall be held within the first
six months of each year in respect of the preceding year for the purpose
of receiving and if thought fit adopting the report referred to in Rule
XVI together with the financial statement referred to in Rule XV and
transacting such other of the Society’s business as may be necessary
Any member of the Society shall be at liberty to propose at the annual
general meeting any resolution including any resolution for the amendment
of the report provided that notice thereof shall have been given in
writing to the chief secretary not less than twenty-one clear days before
the day of the meeting and that in the opinion of the Council the proposal
or discussion of such resolution will not be detrimental to the interests
of the Society The Council shall have power to invite persons who
are not members of the Society to attend and speak. | ||
| Chairman of annual and extraordinary general meetings. | XVIII.–
(1) The president shall preside at the annual or any extraordinary general
meeting of the Society. | ||
| (2) If the
president is unable or unwilling to preside at such meeting the Council
may appoint the chairman of the Council or any other person whatsoever to
preside at such meeting Provided that the meeting may by special
resolution disapprove of the chairman so appointed by the Council If
the meeting so resolve or if the chairman appointed by the Council be not
present at the commencement of the meeting the chairman shall be appointed
by the members present at the meeting. | |||
| Summoning of extraordinary general meetings. | XIX.
In accordance with Rule IV (10) the Council may summon an extraordinary
general meeting of the Society on any occasion when the Council may deem
it necessary An extraordinary general meeting shall also be called
on a requisition signed by not less than one hundred and fifty members of
the Society The requisition shall specify the purpose for which the
meeting is demanded and it shall be the duty of the Council to summon an
extraordinary general meeting of the members without unnecessary delay
No business other than that specified in the requisition shall be
transacted. | ||
| Notice to members of annual and extraordinary general meetings. | XX.
The annual or any extraordinary general meeting of the Society shall be
summoned by advertisement inserted in at least three of the principal
London daily newspapers The advertisements shall be inserted not
less than twenty-eight days prior to the date appointed stating as far as
possible the business to be transacted at the meeting and such
advertisement shall for all purposes be deemed sufficient notice to all
members The chief secretary shall also give not less than
twenty-eight days’ notice of such meeting with the same information to
each member whose name and address are recorded at headquarters and the
same time in the case of an annual general meeting shall forward to each
member a copy of the report and financial statement referred to in Rules
XVI and XV The chief secretary shall send not less than 14 days
before the holding of an annual general meeting to each member an agenda
stating the business to be transacted at such meeting Such agenda
shall be settled by the Council and the Council shall have the power to
decide whether any resolution submitted to a meeting is to be treated as a
special resolution and therefore coming under the provision in Rule
XXIV. | ||
| Voting at annual and extraordinary meetings. | XXI. None
but members of the Society as defined in Rule III shall be competent to
vote at any annual or extraordinary general meeting and the voting at each
meeting shall be personal In the event of equality of votes the
chairman of the meeting shall have a second or casting vote.
| ||
| Subscribers (not members) attending annual meeting. | XXII.
Subscribers to the Society who are not members as defined by Rule III may
attend the annual general meetings of the Society but to obviate confusion
in voting they shall be provided with seating accommodation apart from
those entitled to vote. | ||
| Supplying list of members' names and addresses. | XXIII.
A list of names and addresses of all the members entitled to a vote shall
be kept at headquarters and any member of the Society when a poll is taken
or an extraordinary general meeting is called shall be entitled to receive
a copy on payment of the sum of five guineas. | ||
| Quorum at annual and extraordinary general meetings. | XXIV.
No business shall be transacted at an annual general meeting unless at
least one hundred and fifty members are present and no business shall take
place at an extraordinary general meeting unless at least two hundred
members are present No special resolution at any annual meeting and
no resolution at any extraordinary general meeting shall be deemed to be
carried unless at least three-fifths of the members present vote in favour
thereof. | ||
| Demand for a poll. | XXV.
In respect of any resolution passed at an annual or extraordinary general
meeting one hundred and fifty members of the Society may by notice in
writing to the chief secretary within twenty-one days of such meeting,
demand a poll of all the members in respect of such resolution and
thereupon a poll shall be taken forthwith by the Council Upon a poll
being taken no resolution shall be deemed, to be carried unless at least
three-fifths of the members voting vote in favour thereof.
| ||
| Impartial statement on a poll. | XXVI.
When a poll of the members is taken under these rules the Council shall
draw up and issue to the members a statement of facts setting out the
circumstances under which the poll is be taken and including a brief
summary of the arguments advanced on both sides signed by the
chairman No statement shall be issued with regard to such poll by
any member of the Council in his official capacity. | ||
| Method of taking a poll. | XXVII.
A poll of the members under these rules shall be taken by means of polling
papers forwarded from headquarters and returned within such time and
addressed to such person as the Council may direct. | ||
| Expulsion of members. | XXVIII.
A member of the Society as defined by Rule III shall cease to be a member
and shall thereupon forfeit all rights and privileges as such if his
conduct is the opinion of not less than two-thirds of the members of the
Council present and voting at a meeting of the Council held after due
notice of the intention to consider such member’s conduct has been
prejudicial to the interests of the Society provided that prior to the
meeting of the Council at which the member’s conduct is to be considered
reasonable notice in writing shall be given to the member of the intention
to consider his conduct and an opportunity afforded him to submit any
explanation either personally or in writing at the option of such member
to the Council Notice shall be deemed sufficient and reasonable if
sent by registered post to the last known place of abode of the member
fourteen days before the meeting of the Council at which his conduct is to
be considered. | ||
| Definitions. | XXIX.
The expressions in these rules " treasurer of the Society " and " chief
secretary " shall mean the treasurer of the Society appointed by the
Council and the chief secretary at headquarters appointed by the Council
respectively. | ||
| rescinding and altering rules. | XXX.
These rules shall take effect as from 13th January 1932 and all rules then
in force shall be and the same are hereby rescinded as from that date but
without prejudice to anything done thereunder and they shall remain in
force until they are revoked altered or varied either by resolution passed
at an annual or extraordinary general meeting or by a poll of the members
under Rule IV (9) or Rule XXV and confirmed where necessary as provided by
section 10 of the Royal Society for the Prevention of Cruelty to Animals
Act 1932. | ||
| 3 & 4 Geo. 6. | |||
|
An Act to empower the Royal Society for the Prevention of Cruelty to Animals to acquire and hold lands and for other purposes. | |||
|
[25th April
1940.] | |||
| 22 & 23 Geo.5. c.xxxix |
WHEREAS the Royal
Society for the Prevention of Cruelty to Animals (in this Act referred to
as "the Society ") was incorporated by the Royal Society for the
Prevention of Cruelty to Animals Act 1932: | ||
| And whereas
difficulty and expense have been experienced in the provision of premises
necessary for the most efficient carrying out of the objects for which the
Society was incorporated: | |||
| And whereas it is
expedient that the powers of the Society to purchase and hold land should
be extended and that the other powers in this Act mentioned should be
conferred: | |||
| And whereas the objects
of this Act cannot be attained without the authority of Parliament:
| |||
| May it therefore please
Your Majesty that it may be enacted and be it enacted by the King’s most
Excellent Majesty by and with the advice and consent of the lords
Spiritual and Temporal and Commons in this present Parliament assembled
and by the authority of the same as follows: – | |||
| Short title |
1.- This
Act may be cited for all purposes as the Royal Society for the Prevention
of Cruelty to Animals Act 1940. | ||
| Interpretation | 2.- In
this Act unless there be something in the subject or context repugnant to
such construction – | ||
| "The
Society" means the Royal Society for the Prevention of Cruelty to Animals;
| |||
| "The Act of
1932" means the Royal Society for the Prevention of Cruelty to Animals Act
1932. | |||
| Power to hold and acquire lands. |
3.- The
Society shall have power and shall be deemed always to have had power from
time to time to purchase or acquire by gift or otherwise and to take on
lease and hold without licence in mortmain any land which in their opinion
it is desirable that they should acquire or hold (including land subject
to a chief rent whether already existing or created on such purchase
acquisition or gift) and may borrow money for the purchase of land or for
the payment of any capital sum payable for a lease thereof Provided that
the Society shall not purchase or borrow money for the purchase of land
unless the land is required for actual occupation immediate or future for
the purposes of the Society and not as an investment. | ||
| Extent of Act. |
4.-
This Act shall not extend to Northern Ireland.
| ||
| Costs of Act. | 5.- All costs charges and expenses of and incidental to the preparing for obtaining and passing of this Act or otherwise in relation thereto shall be paid by the Society. | ||
| 6 & 7 Eliz.2. | |||||||
|
An Act to confer powers upon the Royal Society for the Prevention of Cruelty to Animals and for other purposes. | |||||||
|
[7th July
1958.] | |||||||
| WHEREAS the Royal
Society for the Prevention of Cruelty to Animals (hereinafter called " the
Society ") was incorporated by the Royal Society for the Prevention of
Cruelty to Animals Act 1932: | |||||||
| And whereas the
powers of the Society with respect to the investing of its funds are
inadequate for its needs in the circumstances now prevailing and it is
expedient that those powers be amended and extended as by this Act
provided: | |||||||
| And whereas the
purposes aforesaid cannot be effected without the authority of Parliament:
| |||||||
| May it therefore
please Your Majesty that it may be enacted and be it enacted by the
Queen’s most Excellent Majesty by and with the advice and consent of the
Lords Spiritual and Temporal and Commons in this present Parliament
assembled and by the authority of the same as follows: – | |||||||
| Short and collective titles. | 1.–
(1) This Act may be cited as the Royal Society for the Prevention of
Cruelty to Animals Act 1958. | ||||||
| (2),The Act of 1932
the Act of 1940 and this Act may be cited together as the Royal Society
for the Prevention of Cruelty to Animals Acts 1932 to
1958. | |||||||
| Interpretation | 2.- In this
Act unless the context otherwise requires-- | ||||||
| .22 & 23 Geo. 5 c. xxxix |
"the Act of
1932" means the Royal Society for the Prevention of Cruelty to Animals Act
1932; | ||||||
| 3 & 4 Geo. 6 c.viii. |
"the Act of
1940" means the Royal Society for the Prevention of Cruelty to Animals Act
1940; | ||||||
| "the council"
means the council of the Society constituted in accordance with section 9
(Council) of the Act of 1932; | |||||||
| "the Society"
means the Royal Society for the Prevention of Cruelty to Animals and
includes any branch of the Society. | |||||||
| Powers of investment. | 3.–
(1) Any part of the capital or income of the Society which is not
required for the time being for the purposes of the Society may be
invested and may thereafter remain invested until so
required. | ||||||
| (2)Investments
held by the Society by virtue of the power conferred by the preceding
subsection may consist either wholly of investments for the time being
authorised by law for the investment of trust funds (in this
section referred to as "trustee securities ") or partly of trustee
securities and partly of investments made in or for any other of the modes
or objects specified in subsection (8) of this section: Provided that subsections (3) to (7) of this section shall have effect for the purpose of securing so far as may be that the investments so held shall comprise trustee securities the value whereof taken together is not less than one-third of the value of all the investments so held taken together. | |||||||
| (3) The
Society shall on the earliest date after the passing of this Act on which
it is practicable for the Society so to do divide into two parts (each of
which may consist either of investments wholly or of money wholly or may
consist partly of investments and partly of money) all investments and
moneys which at that date are in the hands of the Society and represent or
are such capital or income of the Society as is mentioned in subsection
(1) of this section. | |||||||
| (4)On each
occasion after the making of the division required by, the last preceding
subsection on which any investments or moneys come into the hands of the
Society (otherwise than on a variation under subsection (6) or (7) of this
section) and represent or are such capital or income of the Society as is
mentioned in subsection (1) of this section the Society shall as soon as
may be after, the investments or the moneys as the case may be come into
their hands divide them into two parts. | |||||||
| (5)A division
required by either of the two last preceding subsections shall be such as
to secure that of the two parts one is a part having at the date of the
division a value equal to twice the value of the other part. For the
purposes of this subsection the references therein to value shall in
relation to moneys be construed as references to their
amount. | |||||||
| (6)As soon as
may be after the division required by subsection (3) of this section or a
division required by subsection (4) thereof has been made investments
which were on the division allocated to the smaller part but were not then
trustee securities shall be varied into or for trustee securities and
moneys which were on the division allocated to the smaller part shall be
invested in trustee securities. | |||||||
| | |||||||
| (7)Investments of the Society may at any time be varied – | |||||||
| (a) | in
the case of investments being trustee securities which are or represent
investments or moneys allocated to the smaller part into or for other
trustee securities; | ||||||
| (b) | in
the case of other investments into or for any of the modes or objects of
investment specified in subsection (8) of this section which are for the
time being approved by the investment committee appointed in pursuance of
subsection (10) of this section. | ||||||
| (8) The modes
or objects of investment referred to in paragraph (b) of the last
preceding subsection are – | |||||||
| (a) |
trustee securities; | ||||||
| (b) |
public stocks or funds or government securities of any part of the
British Commonwealth of Nations or of Her Majesty’s dominions or of the
territories under Her protection (not being trustee
securities); | ||||||
| (c) |
such of the following investments as in the opinion of the
investment committee are generally considered to be readily marketable and
to form a good and safe security: – | ||||||
| (i) |
deposit receipts bonds debentures debenture
stocks mortgages or securities guaranteed lien preference ordinary
deferred or common stocks or shares (such stocks or shares not being
subject to any liability for calls or other payments) of any corporation
company or body whether municipal railway public utility commercial
industrial investment trust mortgage insurance banking or of any
other class; | ||||||
| (ii) |
unit trusts; | ||||||
| (d) |
freehold ground-rents well secured in accordance with the report of
a duly qualified valuer which ground-rents the Society may purchase take
receive and hold without licence in mortmain: | ||||||
| Provided that
– | |||||||
| (i) |
none of the funds of the Society invested in or for any of the
modes or objects specified in paragraphs (b) or (c) of this subsection
shall be invested in investments stocks funds or securities which are not
dealt in on the Stock Exchange London or an associated or provincial
brokers’ stock exchange or Oldham Stock Exchange nor in corporations
companies or bodies of which the nominal amount of the capital quoted on
any of those stock exchanges at the date of such investment is less than
five hundred thousand pounds or its equivalent at the current rate of
exchange; | ||||||
| (ii) | as
regards any shares having no par value the paid up capital of the
corporation company or body concerned shall be deemed to include the
capital sums (other than capital surplus) appearing in the published
accounts of the corporation company or body concerned in respect of such
shares; | ||||||
| (iii) | none of the funds of the Society invested in or for any of the
modes or objects specified in paragraphs (a) (b) or (c) of this subsection
shall be invested in any particular investment stock fund or security save
on the recommendation of a person carrying on one or more of the following
businesses in the city of London namely the business of a banker a
merchant banker a finance house an issuing house or a stockbroker and the
Society shall employ such a person to keep the funds of the Society under
continuous review. | ||||||
| (9) The
Society may retain any investment which was held by the Society
immediately before the passing of this Act or which may at any time
thereafter become vested in the Society by virtue of any gift or
testamentary disposition whenever made though not being investments
authorised to be acquired under this Act and may accept and retain or
refuse any new shares stock debentures or debenture stock in any company
which may be offered to the Society in respect of any investment retained
as aforesaid. | |||||||
| (10)For the
purposes of this section the council shall appoint and at all times keep
in being a sub-committee to be called " the investment committee " to
consist of the treasurer of the Society and two other members of the
council. | |||||||
| Repeal | 4.- Section
12 (Powers of investment) of the Act of 1932 and the proviso to section 3
(Power to hold and acquire lands) of the Act of 1940 are hereby repealed.
| ||||||
| Costs of Act. | 5.- All
costs charges and expenses preliminary to and of and incidental to the
preparing for obtaining and passing of this Act or otherwise in relation
thereto shall be paid by the Society out of the funds of the
Society. | ||||||
| |||||||