Food Behind Bars Registered Charity 1190462
The trustees of Food Behind Bars present their annual report and accounts for the period from 20th July 2020 - 5th April 2021. The trustees confirm they comply with the requirements of the Charities Act 2011 and the Charities Statement of Recommended Practice. The trustees have also referred to the guidance issued by the Charity Commission regarding public benefit. Food Behind Bars became registered by the Charity Commission in July 2020.
Our objectives
The objectives of the charity are to promote physical and mental health and wellbeing (3 (1) (d) of the Charities Act 2011), particularly, but without limitation, to promote the health of prisoners in the UK and promote healthy eating. The charity also aims to promote education (3 (1) (b) of the Charities Act 2011), particularly but without limitation, to enable prisoners, ex-offenders and prison staff to learn about healthy eating and good nutrition, and to develop skills which will promote healthy eating whilst in prison and for their future lives. The charity operates within England and Wales and its activities cover education/training, the advancement of health and other charitable purposes, such as promoting wellbeing and rehabilitation.
Activities, Achievements and Performance
Our goal is to transform the quality of food served in prisons across England, as well as deliver meaningful activities, education and training around the subject of food. We believe that better quality prison food and more opportunities around food in prison will promote mental and physical wellbeing, reduce violence and positively impact rehabilitation and reoffending.
Summary of achievements and activities
HMP Brixton
- 40 prisoners entered our “HMP Brixton’s Best Chef” competition, submitting their own original recipe to a panel of judges, made up of award-winning chefs. 4 finalists competed in a cook-off in the prison kitchen, with the winning chef getting his dish onto the menu at a local restaurant and receiving a week’s work experience in the kitchen of a Michelin-starred restaurant.
HMP Swinfen Hall
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16 prisoners entered our “HMP Swinfen Hall’s Best Chef” competition, submitting their own original recipe to a panel of judges, made up of chefs and restaurateurs. 3 finalists competed in a cook-off, serving their dishes to the judges on the day. The winning chef’s dish will be served in a food market in Covent Garden and will receive work experience at a catering company upon release.
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8 prisoners were appointed Food Reps, joining the prison’s first Food Committee and engaging in a meeting with the catering team, chaired by Food Behind Bars.
HMP Wealstun
- All 800 prisoners will have access to a new Wellbeing Booklet, encompassing tips, advice and activities for looking after your Body, Mind and Diet whilst in prison.
HMP Hewell
- 42 prisoners entered our “HMP Hewell’s Best Chef” competition, submitting their own original recipe to a panel of judges, made up of local chefs and restaurateurs. 6 semi-finalists competed in a cook-off, although plans for the final were disrupted due to Covid-19. The final will take place in late September 2021, with the winning chef getting his dish onto the menu at a local restaurant.
Other
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In March 2021, we released an 8-episode podcast series with production company Second Window. The series raised awareness around the importance of prison food by featuring a range of voices of those with lived experience - prisoners, their loved ones, catering managers. The podcast gained recognition from within the prison service as well as in the public sphere, with each episode offering an honest, fair and insightful portrayal of prison food from every angle.
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In Spring 2021, we partnered with Unlocked Graduates on plans for a project at HMP Styal, taking place later this year. The project involves running a version of our “HMP’s Best” cooking competition with the women at Styal, creating a recipe book featuring the prisoner’s dishes at the end of it and giving women the opportunity to cook for award-winning chefs.
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We’ve had interest from over 10 prospect prisons since January 2021 and we aim to keep nurturing and building these relationships to spread our impact wider.
HMP Brixton
We worked with HMP Brixton in the middle of the Covid-19 pandemic, where the lockdown regime resulted in prisoners spending 23 hours in their cell per day with no access to work or education. We designed an exciting recipe competition to mitigate the negative impact the lockdown was having on prisoner wellbeing. Prisoners were supplied with in-cell activity packs and tasked with developing their very own recipe and writing some words about what it meant to them.
We assembled a judging panel consisting of three well-renowned chefs. Each judge assessed the 40 entrees and selected 3 finalists. We supplied the prison with high quality, fresh ingredients and each finalist spent the afternoon in the prison kitchen cooking their dish and presenting it to restaurant-quality standards. The judges awarded 1st, 2nd and 3rd places. The winner had his dish served on a local restaurant menu.
The prison officer helping run the event said the following, “Thank you so much for taking the time out to do this for the guys, it has been so fun to work with you and put a smile on the guys’ faces through a tough time. All the ingredients were superb and as an establishment we can’t thank you enough for funding it all and creating this initiative for us.”
HMP Swinfen Hall
We have been working with HMP Swinfen Hall, a Category C prison in Staffordshire, housing men and young offenders between the ages of 18 and 30. In December 2020, we chaired the first Food Committee meeting at HMP Swinfen Hall, consisting of 8 prisoners who were appointed Food Rep for each of their wings. In June 2021, we hosted the final of our recipe competition, which took the same format as the original version in HMP Brixton. As lockdown restrictions had been eased, we were able to host a bigger, full day event for our 4 finalists to cook and present their dishes to the judges in person. The winner will have his dish served on the menu at a London food market and has the opportunity to complete work experience at a catering company upon release.
HMP Hewell
In September 2020, we launched a version of our “HMP’s Best Chef” recipe competition at the prison with 42 prisoners in total entering the activity with their own original dish. We hosted a semi-final at the prison in November 2020, where 6 prisoners had the opportunity to spend the day cooking their dish and present it to the judging panel. The event was a positive opportunity for prisoners to spend time out of their cells during a period of minimal education or activities due to the Covid-19 pandemic.
Unfortunately the final was postponed due to the second lockdown, however we recently hosted a successful semi-final of the competition. The final will take place in October 2021. The winning dish will be served on a local restaurant menu.
Future Plans
Our aim is to continue working with prisons on a bespoke basis, co-designing original initiatives that enable prisons to champion wholesome, tasty and exciting food. We want to impact as many individuals as possible from a variety of demographics and backgrounds. For this reason, we are working across all regions of the UK and aim to continue working in this way.
In July 2021, we embarked on a 12-month project with HMP Swinfen Hall. The project works collaboratively across the grounds and kitchens to provide meaningful opportunities around food, cooking and growing. The programme involves transforming an existing greenhouse on the prison grounds into a working Kitchen Garden and developing the Staff Bistro into a professional Training Kitchen serving high quality food and training learners in a variety of culinary skills. Our Kitchen Garden Educator will deliver a programme of outdoor education to a group of prisoners. Our Development Chef will deliver an industry-level programme of food education to 5 learners in the Staff Bistro.
We will also launch a 12-month project with HMP Wealstun, to help transform the food culture and improve the health and wellbeing of the prison. Working closely with the Catering Manager, we will introduce healthier choices onto the prison menu. We will help transform an existing in-house bakery into a thriving enterprise that helps subsidise the food budget, as well as train prisoners.
We will also start working with HMP The Mount in Hertfordshire across a 12 month period. We will be delivering 3 x practical and engaging 16-week courses led by our Development Chef and a Food Educator, based in the prison kitchen. Each course will equip learners with all the skills and knowledge required to become confident cooks. The course will coincide with new dishes launching on the prison menu. Menus will focus on wholesome, varied and delicious food that support health and wellbeing.
We will also be delivering a Barista Training Course in HMP The Mount, in partnership with the organisation Change Please - an award-winning coffee and social enterprise supporting vulnerable people into employment. The course will equip learners with an SCA accredited coffee qualification and successful learners will be able to undertake work placements at partners including Jamie Oliver HQ, City University, Kraft-Heinz and Change Please sites throughout London.
Our Finances
The receipts and payments accounts report for the financial year 20/21 shows a total income of £19,075. This consists of £15,300 restricted reserves which is made up of grant income from The Paul Hamlyn Foundation and The School for Social Entrepreneurs. The remaining £3,755 of unrestricted reserves is made up of donations and sales.
The principal source of income during Food Behind Bars’ first financial year was grant income. However, as this was our first year of operation, we expect our future income streams to be more diverse - we anticipate it will be a more equal split between grants and public sector contracts, with donations providing a supportive source of unrestricted income. We do not financially support prisons directly, but we do deliver projects in prisons that are financed by the charity - through grants and donations.
Our primary outgoings consist of travel expenses and salaries. As a charity, we are operating across the whole of England and, as our work takes place within a prison environment, travel is a key expense for us that allows us to undertake our charitable activities. Likewise, staff members are the key service providers in prison and we anticipate this will be a core expense for us going forward and crucial to creating meaningful impact.
The trustees regularly review the finances, budget and spend during quarterly board meetings. The Chief Executive completes a monthly cash flow statement per month, as well as consistently monitoring budgets, income and spending. The charity holds a bank account and any payments over £150 require co-signing by a member of the board. Food Behind Bars primary goal for the 2021/22 financial year is to build up our unrestricted reserves and secure public sector contracts to diversify our income stream.
Structure, Governance & Management
The charity trustees are responsible for the overall management and control of Food Behind Bars and meet four times a year. All trustees give their time freely and no remuneration or expenses were paid in the year.
The charity is governed by a constitution - a copy of which is appended - and is currently registered as CIO (Charitable Incorporated Organisation). The charity holds several published policies, including health & safety, code of conduct, equal opportunities and safeguarding.
At this stage, the charity does not hold policies for the induction and training of trustees. However, the charity will seek to draw up a relevant policy in the coming months as the board expands.
The trustees were appointed in accordance with the terms of the constitution and were invited to join the board on the basis of their diverse skills and experience, critical to the pursuit of Food Behind Bars’ charitable objectives. Future trustees will be appointed using the same methods and selected for their skills and experience, which should support the existing skill set of the board and the overall strategy of Food Behind Bars. Trustees are elected through a meeting of the charity trustees where a vote is held to make a decision.
The charity is managed on a day-to-day basis by the Chief Executive and founder of Food Behind Bars, Lucy Vincent. The charity will be recruiting its first employees, each of which will be in a contractual agreement with the charity, with wages paid through PAYE. Lucy is employed by the charity as the Chief Executive and will be supported by a Development Chef who will be recruited in July 2021. In October 2021, a Food Educator will join the team to deliver part of the work at HMP The Mount. A freelance Kitchen Garden Educator will also be appointed and will start work in October 2021.
Charity Trustees
Aaron Taylor (from 16th May 2020)
Aaron is the Chair of the Board, a junior barrister at Fountain Court Chambers and a part-time Associate Lecturer at Goldsmiths, University of London. He was Chair of the Board from July 2020 - October 2021.
Josie Bevan (from 16th May 2020)
Josie is an award-winning writer, blogger and presenter. She had a successful career in film and script-writing before retraining as a nutritionist and naturopath. In 2016, her husband was sentenced to 9 years in prison. Since then, Josie has dedicated her life to campaigning for prison reform. Her critically-acclaimed blog and podcast, Prison Bag, details her journey as a ‘prison wife’ and highlights the injustices of the prison system, from the perspective of a loved one.
Mehrunika Malik-Flynn (from 16th May 2020)
Mehrunika (known as Missy) is a London-based food and drink entrepreneur, consultant and academic. She is the co-owner of food and drink collective Rita’s and has run restaurants and worked in the hospitality industry in London since she was a teen. Missy is currently undertaking an MA in the Anthropology of Food at SOAS, University of London. She has a
particular interest in the social, cultural and historical significance of food and its wider meaning.
Suaimhneas Naomi Burke-Shyne (from 2nd October 2020)
Naomi is a lawyer working in human rights and harm reduction with a focus on the right to health, access to justice and health services and access to controlled medicines. She has lived and worked in Indonesia, Nepal, Uganda and New York, defending the rights of the most marginalised and disadvantaged groups in society. Naomi is currently the Chief Executive of Harm Reduction International, a charity that works to reduce the health, social and legal impacts of drug use and drug policy. Naomi is acting Chair of the Board, commencing from October 2021.
Reference and Administrative details
Contact details:
Food Behind Bars 4 Jersey Road London E11 4BL
Website:
www.foodbehindbars.co.uk
Email:
info@foodbehindbars.co.uk
Registered charity number:
1190462
Additional Information
Chief Executive: Lucy Vincent
Constitution of a Charitable Incorporated Organisation whose only voting members are its charity trustees
(‘Foundation’ model constitution)
Date of constitution (last amended):
23rd May 2020
1. Name
The name of the Charitable Incorporated Organisation (“the CIO”) is
Food Behind Bars
2. National location of principal office
The CIO must have a principal office in England or Wales. The principal office of the CIO is in England.
3. Objects
The objects of the CIO are:
For the public benefit,
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The promotion of physical and mental health and wellbeing, particularly, but without limitation, to promote the health of prisoners in UK prisons and promote heating eating.
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The promotion of education, particularly but without limitation, to enable prisoners, ex-offenders and prison staff, to learn about healthy eating and good nutrition, and to develop skills which will promote healthy eating whilst in prison and for their future lives.
Nothing in this constitution shall authorise an application of the property of the CIO for the purposes which are not charitable in accordance with [section 7 of the Charities and Trustee Investment (Scotland) Act 2005] and [section 2 of the Charities Act (Northern Ireland) 2008]
4. Powers
The CIO has power to do anything which is calculated to further its objects or is conducive or incidental to doing so. In particular, the CIO has power to:
- borrow money and to charge the whole or any part of its property as security for the repayment of the money borrowed. The CIO must comply as appropriate with sections 124 and 125 of the Charities Act 2011, if it wishes to mortgage land;
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buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use;
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sell, lease or otherwise dispose of all or any part of the property belonging to the CIO. In exercising this power, the CIO must comply as appropriate with sections 117 and 119-123 of the Charities Act 2011;
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employ and remunerate such staff as are necessary for carrying out the work of the CIO. The CIO may employ or remunerate a charity trustee only to the extent that it is permitted to do so by clause 6 (Benefits and payments to charity trustees and connected persons) and provided it complies with the conditions of that clause;
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deposit or invest funds, employ a professional fund-manager, and arrange for the investments or other property of the CIO to be held in the name of a nominee, in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000.
5. Application of income and property
- The income and property of the CIO must be applied solely towards the promotion of the objects.
a) A charity trustee is entitled to be reimbursed from the property of the CIO or may pay out of such property reasonable expenses properly incurred by him or her when acting on behalf of the CIO.
b) A charity trustee may benefit from trustee indemnity insurance cover purchased at the CIO’s expense in accordance with, and subject to the conditions in, section 189 of the Charities Act 2011.
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None of the income or property of the CIO may be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to any member of the CIO.
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Nothing in this clause shall prevent a charity trustee or connected person receiving any benefit or payment which is authorised by Clause 6.
6. Benefits and payments to charity trustees and connected persons
- General provisions
No charity trustee or connected person may:
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a) buy or receive any goods or services from the CIO on terms preferential to those applicable to members of the public;
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b) sell goods, services, or any interest in land to the CIO; c) be employed by, or receive any remuneration from, the CIO; d) receive any other financial benefit from the CIO;
unless the payment or benefit is permitted by sub-clause (2) of this clause or
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authorised by the court or the prior written consent of the Charity Commission (“the Commission”) has been obtained. In this clause, a “financial benefit” means a benefit, direct or indirect, which is either money or has a monetary value.
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Scope and powers permitting trustees’ or connected persons’ benefits
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a) A charity trustee or connected person may receive a benefit from the CIO as a beneficiary of the CIO provided that a majority of the trustees do not benefit in this way.
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b) A charity trustee or connected person may enter into a contract for the supply of services, or of goods that are supplied in connection with the provision of services, to the CIO where that is permitted in accordance with, and subject to the conditions in, sections 185 to 188 of the Charities Act 2011.
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c) Subject to sub-clause (3) of this clause a charity trustee or connected person may provide the CIO with goods that are not supplied in connection with services provided to the CIO by the charity trustee or connected person.
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d) A charity trustee or connected person may receive interest on money lent to the CIO at a reasonable and proper rate which must be not more than the Bank of England bank rate (also known as the base rate).
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e) A charity trustee or connected person may receive rent for premises let by the trustee or connected person to the CIO. The amount of the rent and the other terms of the lease must be reasonable and proper. The charity trustee concerned must withdraw from any meeting at which such a proposal or the rent or other terms of the lease are under discussion.
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f) A charity trustee or connected person may take part in the normal trading and fundraising activities of the CIO on the same terms as members of the public.
3. Payment for supply of goods only – controls
The CIO and its charity trustees may only rely upon the authority provided by subclause (2)(c) of this clause if each of the following conditions is satisfied:
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a) The amount or maximum amount of the payment for the goods is set out in a written agreement between the CIO and the charity trustee or connected person supplying the goods (“the supplier”).
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b) The amount or maximum amount of the payment for the goods does not exceed what is reasonable in the circumstances for the supply of the goods in question.
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c) The other charity trustees are satisfied that it is in the best interests of the CIO to contract with the supplier rather than with someone who is not a charity trustee or connected person. In reaching that decision the charity trustees must balance the advantage of contracting with a charity trustee or connected person against the disadvantages of doing so.
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d) The supplier is absent from the part of any meeting at which there is discussion of the proposal to enter into a contract or arrangement with him or her or it with regard to the supply of goods to the CIO.
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e) The supplier does not vote on any such matter and is not to be counted when calculating whether a quorum of charity trustees is present at the meeting.
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f) The reason for their decision is recorded by the charity trustees in the minute book.
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g) A majority of the charity trustees then in office are not in receipt of remuneration or payments authorised by clause 6.
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In sub-clauses (2) and (3) of this clause:
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a) “the CIO” includes any company in which the CIO:
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i) holds more than 50% of the shares; or
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ii) controls more than 50% of the voting rights attached to the shares; or
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iii) has the right to appoint one or more directors to the board of the company;
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b) “connected person” includes any person within the definition set out in clause [30] (Interpretation);
7. Conflicts of interest and conflicts of loyalty
A charity trustee must:
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1) declare the nature and extent of any interest, direct or indirect, which he or she has in a proposed transaction or arrangement with the CIO or in any transaction or arrangement entered into by the CIO which has not previously been declared; and
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2) absent himself or herself from any discussions of the charity trustees in which it is possible that a conflict of interest will arise between his or her duty to act solely in the interests of the CIO and any personal interest (including but not limited to any financial interest).
Any charity trustee absenting himself or herself from any discussions in accordance with this clause must not vote or be counted as part of the quorum in any decision of the charity trustees on the matter.
8. Liability of members to contribute to the assets of the CIO if it is wound up
If the CIO is wound up, the members of the CIO have no liability to contribute to its assets and no personal responsibility for settling its debts and liabilities.
9. Charity trustees
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1) Functions and duties of charity trustees
The charity trustees shall manage the affairs of the CIO and may for that purpose exercise all the powers of the CIO. It is the duty of each charity trustee:
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a) to exercise his or her powers and to perform his or her functions in his or her capacity as a trustee of the CIO in the way he or she decides in good faith would be most likely to further the purposes of the CIO; and
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b) to exercise, in the performance of those functions, such care and skill as is reasonable in the circumstances having regard in particular to:
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i) any special knowledge or experience that he or she has or holds himself or herself out as having; and,
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ii) if he or she acts as a charity trustee of the CIO in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession.
2) Eligibility for trusteeship
a) Every charity trustee must be a natural person.
b) No individual may be appointed as a charity trustee of the CIO:
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if he or she is under the age of 16 years; or
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if he or she would automatically cease to hold office under the provisions of clause [12(1)(e)].
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c) No one is entitled to act as a charity trustee whether on appointment or on any re-appointment until he or she has expressly acknowledged, in whatever way the charity trustees decide, his or her acceptance of the office of charity trustee.
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d) [At least one of the trustees of the CIO must be 18 years of age or over. If there is no trustee aged at least 18 years, the remaining trustees may only act to call a meeting of the charity trustees, or appoint a new charity trustee.]
3. Number of charity trustees
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a) There must be at least three charity trustees. If the number falls below this minimum, the remaining trustee or trustees may act only to call a meeting of the charity trustees, or appoint a new charity trustee.
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b) The maximum number of charity trustees is 12. The charity trustees may not appoint any charity trustee if as a result the number of charity trustees would exceed the maximum.
4. First charity trustees
The first charity trustees are as follows, and are appointed for the following terms
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Aaron Taylor for 4 years Mehrunisa Malik-Flynn for 3 years Josie Bevan for 2 years
10. Appointment of charity trustees
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1) Apart from the first charity trustees, every trustee must be appointed for a term of three years by a resolution passed at a properly convened meeting of the charity trustees.
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2) In selecting individuals for appointment as charity trustees, the charity trustees must have regard to the skills, knowledge and experience needed for the effective administration of the CIO.
11. Information for new charity trustees
The charity trustees will make available to each new charity trustee, on or before his or her first appointment:
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a) a copy of the current version of this constitution; and
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b) a copy of the CIO’s latest Trustees’ Annual Report and statement of accounts.
12. Retirement and removal of charity trustees
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1) A charity trustee ceases to hold office if he or she:
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a) retires by notifying the CIO in writing (but only if enough charity trustees will remain in office when the notice of resignation takes effect to form a quorum for meetings);
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b) is absent without the permission of the charity trustees from all their meetings held within a period of six months and the trustees resolve that his or her office be vacated;
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c) dies;
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d) in the written opinion, given to the company, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a director and may remain so for more than three months;
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e) is disqualified from acting as a charity trustee by virtue of sections 178-180 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision).
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2) Any person retiring as a charity trustee is eligible for reappointment.
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3) A charity trustee who has served for three consecutive terms may not be reappointed for a fourth consecutive term but may be reappointed after an interval of at least one year.
13. Taking of decisions by charity trustees
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Any decision may be taken either:
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at a meeting of the charity trustees; or
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by resolution in writing [or electronic form] agreed by a majority of all of the charity trustees, which may comprise either a single document or several documents containing the text of the resolution in like form to which the majority of all of the charity trustees has signified their agreement. Such a resolution shall be effective provided that
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a copy of the proposed resolution has been sent, at or as near as reasonably practicable to the same time, to all of the charity trustees; and
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the majority of all of the charity trustees has signified agreement to the resolution in a document or documents which has or have been authenticated by their signature, by a statement of their identity accompanying the document or documents, or in such other manner as the charity trustees have previously resolved, and delivered to the CIO at its principal office or such other place as the trustees may resolve [within 28 days of the circulation date].
14. Delegation by charity trustees
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1) The charity trustees may delegate any of their powers or functions to a committee or committees, and, if they do, they shall determine the terms and conditions on which the delegation is made. The charity trustees may at any time alter those terms and conditions, or revoke the delegation.
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2) This power is in addition to the power of delegation in the General Regulations and any other power of delegation available to the charity trustees, but is subject to the following requirements:
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a) a committee may consist of two or more persons, but at least one member of each committee must be a charity trustee;
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b) the acts and proceedings of any committee must be brought to the attention of the charity trustees as a whole as soon as is reasonably practicable; and
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c) the charity trustees shall from time to time review the arrangements which they have made for the delegation of their powers.
15. Meetings of charity trustees
1) Calling meetings
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a) Any charity trustee may call a meeting of the charity trustees.
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b) Subject to that, the charity trustees shall decide how their meetings are to be called, and what notice is required.
2) Chairing of meetings
The charity trustees may appoint one of their number to chair their meetings and
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may at any time revoke such appointment. If no-one has been so appointed, or if the person appointed is unwilling to preside or is not present within 10 minutes after the time of the meeting, the charity trustees present may appoint one of their number to chair that meeting.
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3) Procedure at meetings
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a) No decision shall be taken at a meeting unless a quorum is present at the time when the decision is taken. The quorum is two charity trustees, or the number nearest to one third of the total number of charity trustees, whichever is greater, or such larger number as the charity trustees may decide from time to time. A charity trustee shall not be counted in the quorum present when any decision is made about a matter upon which he or she is not entitled to vote.
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b) Questions arising at a meeting shall be decided by a majority of those eligible to vote.
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c) In the case of an equality of votes, the person who chairs the meeting shall have a second or casting vote.
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4) Participation in meetings by electronic means
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a) A meeting may be held by suitable electronic means agreed by the charity trustees in which each participant may communicate with all the other participants.
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b) Any charity trustee participating at a meeting by suitable electronic means agreed by the charity trustees in which a participant or participants may communicate with all the other participants shall qualify as being present at the meeting.
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c) Meetings held by electronic means must comply with rules for meetings, including chairing and the taking of minutes.
16. Membership of the CIO
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1) The members of the CIO shall be its charity trustees for the time being. The only persons eligible to be members of the CIO are its charity trustees. Membership of the CIO cannot be transferred to anyone else.
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2) Any member and charity trustee who ceases to be a charity trustee automatically ceases to be a member of the CIO.
17. Informal or associate (non-voting) membership
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1) The charity trustees may create associate or other classes of non-voting membership, and may determine the rights and obligations of any such members (including payment of membership fees), and the conditions for admission to, and termination of membership of any such class of members.
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2) Other references in this constitution to “members” and “membership” do not apply to non-voting members, and non-voting members do not qualify as members for any purpose under the Charities Acts, General
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Regulations or Dissolution Regulations.
18. Decisions which must be made by the members of the CIO
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1) Any decision to:
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a) amend the constitution of the CIO;
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b) amalgamate the CIO with, or transfer its undertaking to, one or more other CIOs, in accordance with the Charities Act 2011; or
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c) wind up or dissolve the CIO (including transferring its business to any other charity)
must be made by a resolution of the members of the CIO (rather than a resolution of the charity trustees).
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2) Decisions of the members may be made either:
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a) by resolution at a general meeting; or
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b) by resolution in writing, in accordance with sub-clause (4) of this clause.
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3) Any decision specified in sub-clause (1) of this clause must be made in accordance with the provisions of clause [28] (amendment of constitution), clause [29] (Voluntary winding up or dissolution), or the provisions of the Charities Act 2011, the General Regulations or the Dissolution Regulations as applicable. Those provisions require the resolution to be agreed by a 75% majority of those members voting at a general meeting, or agreed by all members in writing.
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4) Except where a resolution in writing must be agreed by all the members, such a resolution may be agreed by a simple majority of all the members who are entitled to vote on it. Such a resolution shall be effective provided that:
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a) a copy of the proposed resolution has been sent to all the members eligible to vote; and
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b) the required majority of members has signified its agreement to the resolution in a document or documents which are received at the principal office within the period of 28 days beginning with the circulation date. The document signifying a member’s agreement must be authenticated by their signature, by a statement of their identity accompanying the document, or in such other manner as the CIO has specified.
19. General meetings of members
1) Calling of general meetings of members
The charity trustees may designate any of their meetings as a general meeting of the members of the CIO. The purpose of such a meeting is to discharge any business which must by law be discharged by a resolution of the members of the
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CIO as specified in clause [18] (Decisions which must be made by the members of the CIO).
2) Notice of general meetings of members
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a) The minimum period of notice required to hold a general meeting of the members of the CIO is 14 days.
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b) Except where a specified period of notice is strictly required by another clause in this constitution, by the Charities Act 2011 or by the General Regulations, a general meeting may be called by shorter notice if it is so agreed by a majority of the members of the CIO.
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c) Proof that an envelope containing a notice was properly addressed, prepaid and posted; or that an electronic form of notice was properly addressed and sent, shall be conclusive evidence that the notice was given. Notice shall be deemed to be given 48 hours after it was posted or sent.
3) Procedure at general meetings of members
The provisions in clause 15 (2)-(4) governing the chairing of meetings, procedure at meetings and participation in meetings by electronic means apply to any general meeting of the members, with all references to trustees to be taken as references to members.
20. Saving provisions
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Subject to sub-clause (2) of this clause, all decisions of the charity trustees, or of a committee of charity trustees, shall be valid notwithstanding the participation in any vote of a charity trustee:
-
who was disqualified from holding office;
-
who had previously retired or who had been obliged by the constitution to vacate office;
-
who was not entitled to vote on the matter, whether by reason of a conflict of interest or otherwise;
if, without the vote of that charity trustee and that charity trustee being counted in the quorum, the decision has been made by a majority of the charity trustees at a quorate meeting.
- Sub-clause (1) of this clause does not permit a charity trustee to keep any benefit that may be conferred upon him or her by a resolution of the charity trustees or of a committee of charity trustees if, but for sub-clause (1), the resolution would have been void, or if the charity trustee has not complied with clause 7 (Conflicts of interest).
21. Execution of documents
- 1) The CIO shall execute documents either by signature or by affixing its seal
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(if it has one)
-
2) A document is validly executed by signature if it is signed by at least two of the charity trustees.
-
3) If the CIO has a seal:
-
a) it must comply with the provisions of the General Regulations; and
-
b) the seal must only be used by the authority of the charity trustees or of a committee of charity trustees duly authorised by the charity trustees. The charity trustees may determine who shall sign any document to which the seal is affixed and unless otherwise so determined it shall be signed by two charity trustees.
22. Use of electronic communications
(1) General
The CIO will comply with the requirements of the Communications Provisions in the General Regulations and in particular:
-
a) the requirement to provide within 21 days to any member on request a hard copy of any document or information sent to the member otherwise than in hard copy form;
-
b) any requirements to provide information to the Commission in a particular form or manner.
23. Keeping of Registers
The CIO must comply with its obligations under the General Regulations in relation to the keeping of, and provision of access to, a (combined) register of its members and charity trustees.
24. Minutes
The charity trustees must keep minutes of all:
-
1) appointments of officers made by the charity trustees;
-
2) proceedings at general meetings of the CIO;
-
3) meetings of the charity trustees and committees of charity trustees including:
-
the names of the trustees present at the meeting;
-
the decisions made at the meetings; and
-
where appropriate the reasons for the decisions;
-
decisions made by the charity trustees otherwise than in meetings.
25. Accounting records, accounts, annual reports and returns, register maintenance
1) The charity trustees must comply with the requirements of the Charities
�11
Act 2011 with regard to the keeping of accounting records, to the preparation and scrutiny of statements of account, and to the preparation of annual reports and returns. The statements of account, reports and returns must be sent to the Charity Commission, regardless of the income of the CIO, within 10 months of the financial year end.
- 2) The charity trustees must comply with their obligation to inform the Commission within 28 days of any change in the particulars of the CIO entered on the Central Register of Charities.
26. Rules
The charity trustees may from time to time make such reasonable and proper rules or byelaws as they may deem necessary or expedient for the proper conduct and management of the CIO, but such rules or bye laws must not be inconsistent with any provision of this constitution. Copies of any such rules or bye laws currently in force must be made available to any member of the CIO on request.
27. Disputes
If a dispute arises between members of the CIO about the validity or propriety of anything done by the members under this constitution, and the dispute cannot be resolved by agreement, the parties to the dispute must first try in good faith to settle the dispute by mediation before resorting to litigation.
28. Amendment of constitution
As provided by sections 224-227 of the Charities Act 2011:
- 1) This constitution can only be amended:
a) by resolution agreed in writing by all members of the CIO; or
b) by a resolution passed by a 75% majority of those voting at a general meeting of the members of the CIO called in accordance with clause 19 (General meetings of members).
-
2) Any alteration of clause 3 (Objects), clause [29] (Voluntary winding up or dissolution), this clause, or of any provision where the alteration would provide authorisation for any benefit to be obtained by charity trustees or members of the CIO or persons connected with them, requires the prior written consent of the Charity Commission.
-
3) No amendment that is inconsistent with the provisions of the Charities Act 2011 or the General Regulations shall be valid.
-
4) A copy of every resolution amending the constitution, together with a copy of the CIO’s constitution as amended must be sent to the Commission by the end of the period of 15 days beginning with the date of passing of the resolution, and the amendment does not take effect until it has been recorded in the Register of Charities.
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29. Voluntary winding up or dissolution
-
1) As provided by the Dissolution Regulations, the CIO may be dissolved by resolution of its members. Any decision by the members to wind up or dissolve the CIO can only be made:
-
a) at a general meeting of the members of the CIO called in accordance with clause 19 (General meetings of members), of which not less than 14 days’ notice has been given to those eligible to attend and vote:
i) by a resolution passed by a 75% majority of those
voting, or
ii) by a resolution passed by decision taken without a vote and without any expression of dissent in response to the question put to the general meeting; or
b) by a resolution agreed in writing by all members of the CIO.
-
2) Subject to the payment of all the CIO’s debts:
-
a) Any resolution for the winding up of the CIO, or for the dissolution of the CIO without winding up, may contain a provision directing how any remaining assets of the CIO shall be applied.
-
b) If the resolution does not contain such a provision, the charity trustees must decide how any remaining assets of the CIO shall be applied.
-
c) In either case the remaining assets must be applied for charitable purposes the same as or similar to those of the CIO.
-
3) The CIO must observe the requirements of the Dissolution Regulations in applying to the Commission for the CIO to be removed from the Register of Charities, and in particular:
a) the charity trustees must send with their application to the Commission:
-
i) a copy of the resolution passed by the members of the CIO; ii) a declaration by the charity trustees that any debt and other liabilities of the CIO have been settled or otherwise provided for in full; and
-
iii) a statement by the charity trustees setting out the way in which any property of the CIO has been or is to be applied prior to its dissolution in accordance with this constitution;
-
b) the charity trustees must ensure that a copy of the application is sent within seven days to every member and employee of the CIO, and to any charity trustee of the CIO who was not privy to the application.
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- 4) If the CIO is to be wound up or dissolved in any other circumstances, the provisions of the Dissolution Regulations must be followed.
30. Interpretation
In this constitution:
“connected person” means:
-
a) a child, parent, grandchild, grandparent, brother or sister of the charity trustee;
-
b) the spouse or civil partner of the charity trustee or of any person falling within sub-clause (a) above;
-
c) a person carrying on business in partnership with the charity trustee or with any person falling within subclause (a) or (b) above;
-
d) an institution which is controlled –
-
i) by the charity trustee or any connected person falling within sub-clause (a), (b), or (c) above; or
-
ii) by two or more persons falling within sub-clause (d)(i), when taken together
e) a body corporate in which –
-
i) the charity trustee or any connected person falling within sub-clauses (a) to (c) has a substantial interest; or
-
ii) two or more persons falling within sub-clause (e)(i) who, when taken together, have a substantial interest.
Section 118 of the Charities Act 2011 apply for the purposes of interpreting the terms used in this constitution.
“General Regulations” means the Charitable Incorporated Organisations (General) Regulations 2012.
“Dissolution Regulations” means the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012.
The “Communications Provisions” means the Communications Provisions in [Part 9, Chapter 4] of the General Regulations.
“charity trustee” means a charity trustee of the CIO.
A “poll” means a counted vote or ballot, usually (but not necessarily) in writing.
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1190462
Food Behind Bars
Recei ts and a ments accounts p p y
CC16a
For the period 20/07/2020 05/04/2021 To from
Section A Receipts and payments
| A1 Receipts | Unrestricted funds to the nearest £ 3,605 - 150 20 - - - - 3,775 |
Restricted funds to the nearest £ - 15,300 - - - - - - 15,300 |
Endowment funds to the nearest £ - - - - - - - - - |
Total funds to the nearest £ 3,605 15,300 150 20 - - - - 19,075 |
Last year to the nearest £ |
|---|---|---|---|---|---|
| Donations | 3,605 | - | - | 3,605 | - |
| Grants | - | 15,300 | - | 15,300 | - |
| Sales | 150 | - | - | 150 | - |
| Refunds | 20 | - | - | 20 | - |
| - | - | - | - | - | |
| - | - | - | - | - | |
| - | - | - | - | - | |
| - | - | - | - | - | |
| Sub total(Gross income for AR) | 3,775 | 15,300 | - | 19,075 | - |
| A2 Asset and investment sales, (see table). |
- - - 3,775 |
- - - 15,300 |
- - - - |
- - - 19,075 |
|
| - | |||||
| - | - | ||||
| Sub total | - | - | |||
| Total receipts | |||||
| 3,775 | 15,300 | - | 19,075 | - |
| A2 Asset and investment sales, | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| (see table). | |||||||||
| - | - | - | - | ||||||
| - | - | - | - | - | |||||
| Sub total | - | - | - | - | - | ||||
| Total receipts | 3,775 | 15,300 | - | 19,075 | - |
| CC~~X~~ | ~~X R1 accounts (SS)~~ A3 Payments Office costs 63 Web hosting 21 Computer hardware 7 Office equipment 11 Printing 189 Stationery 5 |
~~X R1 accounts (SS)~~ A3 Payments Office costs 63 Web hosting 21 Computer hardware 7 Office equipment 11 Printing 189 Stationery 5 |
~~1~~ - - - - - - |
- - - - - - |
63 21 7 11 189 5 |
~~04/02/20~~22 - - - - - - |
|---|---|---|---|---|---|---|
Office costs |
63 | - | - | 63 | - | |
| Web hosting | 21 | - | - | 21 | - | |
| Computer hardware | 7 | - | - | 7 | - | |
| Office equipment | 11 | - | - | 11 | - | |
| Printing | 189 | - | - | 189 | - | |
| ~~X R1 accounts (SS)~~ Stationery |
5 | ~~1~~ - |
- | 5 | ~~04/02/2~~ - |
| Ingredients | 89 | - | - | 89 | - | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Payrollprovider | 100 | 100 | |||||||||
| Advertisingandpromotion | 18 | - | - | 18 | - | ||||||
| Travel | 266 | 266 | |||||||||
| Postage | 63 | - | - | 63 | - | ||||||
| Salaries and National Insurance | 1,493 | 1,493 | |||||||||
| **Sub total ** | 2,325 | - | - | 2,325 | - | ||||||
| A4 Asset and investment | |||||||||||
| purchases, (see table) | |||||||||||
| - | - | - | - | ||||||||
| - | - | - | - | ||||||||
| **Sub total ** | - | - | - | - | - | ||||||
| Total payments | 2,325 | - | - | 2,325 | - | ||||||
| Net of receipts/(payments) | 1,450 | 15,300 | - | 16,750 | - | ||||||
| A5 Transfers between funds | - | **- ** | - | - | - | ||||||
| A6 Cash funds last year end | - | - | - | - | - | ||||||
| Cash funds this year end | 1,450 | 15,300 | - | 16,750 | - |
CCXX R2 accounts (SS)
04/02/2022
2
Section B Statement of assets and liabilities at the end of the period
| Categories B1 Cash funds B2 Other monetary assets |
Natwest Details Details Total cash funds (agree balances with receipts and payments account(s)) |
Unrestricted funds to nearest £ 1,450 - - 1,450 OK Unrestricted funds to nearest £ - - - - - - |
Restricted funds to nearest £ 15,300 - - 15,300 OK Restricted funds to nearest £ - - - - - - |
Endowment funds to nearest £ |
|---|---|---|---|---|
| - | ||||
| - | ||||
| - | ||||
| - | ||||
| OK | ||||
| Endowment funds to nearest £ |
||||
| - | - | - | ||
| - | - | - | ||
| - | - | - | ||
| - | - | - | ||
| - | - | - | ||
| - | - | - |
B3 Investment assets
Details
| Fund to which asset belongs |
Cost (optional) - - - - - |
Current value (optional) |
|---|---|---|
| - | - | |
| - | - | |
| - | - | |
| - | - | |
| - | - |
Fund to which asset
Details
Current value (optional)
Cost (optional)
belongs
CCXX R3 accounts (SS)
04/02/2022
~~3~~
B4 Assets retained for the charity’s own use
B5 Liabilities
Signed by one or two trustees on behalf of all the trustees
| - | - | |||||||
|---|---|---|---|---|---|---|---|---|
| - | - | |||||||
| - | - | |||||||
| - | - | |||||||
| - | - | |||||||
| - | - | |||||||
| - | - | |||||||
| - | - | |||||||
| - | - | |||||||
| Fund to which | Amount due | When due | ||||||
| Details | liability relates | (optional) | (optional) | |||||
| - | ||||||||
| - | ||||||||
| - | ||||||||
| - | ||||||||
| - |
| Signature | Print Name Naomi Burke-Shyne |
Date of approval |
| Naomi Burke-Shyne | 04/02/2022 |
CCXX R4 accounts (SS)
04/02/2022
4