In these Regulations:
- “Allix’s Shipyward” means the garden known as Allix’s Shipyard situate at Havre des Pas to which the Vingtaine has right by contract of purchase dated 16th August 1979 from Mrs Marianne Maria Le Feuvre (nee Allix).
- “Annual Assembly” means an assembly held in accordance with Article 6 a) of these Regulations.
- “an Assembly” means an assembly of the Proprietors held in accordance with either Article 6 or Article 7 of these Regulations.
- “the Vingtaine” means “La Vingtaine de la Ville de St. Helier”.
- “the Vingtaine’s Property” means Allix’s Shipyard, the Regency Arch and such other immoveable and moveable property of whatever nature and whether situate in the Vingtaine or elsewhere as may from time to time be owned by the Vingtaine.
- “Procureur” means one of the two Procureurs of the Vingtaine duly elected in accordance with Article 2 of these Regulations.
- “Proprietor” means an owner of immoveable property situate within the Vingtaine or a mandatory or mandataire of a body corporate which is the owner of immoveable property situate within the Vingtaine.
- “the Regency Arch” means the Regency Arch situate at Regent Road to which the Vingtaine has right by contract of purchase dated 16th August 1979 from Kenneth John Mowbray Collins.
- words importing the singular number only shall include the plural and vice versa.
- words importing the masculine gender only shall include the feminine and neuter genders and vice versa.
- The administration of the Vingtaine’s Property shall be vested in two Procureurs who shall each serve for a term of three consecutive years and on completion of that term shall be eligible re election.
- The Procureurs shall be elected by a simple majority vote of an Assembly for which due notice has been given in accordance with Article 6 of these Regulations.
- To be eligible for election as a Procureur a candidate must be a Proprietor.
- Nominations for candidates for the office of Procureur shall be submitted to the Procureurs in writing not later than seven (7) days prior to the date of the Assembly.
- A newly elected Procureur shall attend at the Royal Court as soon as practicable after his election to take his oath of office.
- A Procureur shall ipso facto lose his office:-
- Upon his death;
- If he becomes of unsound mind or becomes bankrupt within the meaning of Article 8 of the Interpretation (Jersey) Law 1954;
- If he is convicted of a criminal offence;
- If he sends his written resignation to the other Procureur;
- If he ceases to be a Proprietor;
- If he is removed by a resolution passed by a simple majority of those Proprietors present and voting at an Assembly.
Investment of the Vingtaine’s Property
The capital funds of the Vingtaine shall be invested by the Procureurs in UK Government stocks or on deposit with any institution registered under the Banking Business (Jersey) Law 1991, as amended, the Post Office or National Savings. Such funds shall be held in accounts in the name of the Vingtaine and shall be operated on the joint signatures of both Procureurs.
The Procureurs may permit any bonds or stocks or documents of title to property to be and remain invested in the names of nominees instead of in the names of the Procureurs and no Procureur shall be liable or responsible for any loss whatsoever resulting directly or indirectly from the exercise of the powers in this Article unless such loss be caused by his own fraud, wilful misconduct or gross negligence.
Use of the Vingtaine’s funds
The income from the Vingtaine’s Property together with so much of the capital as may be approved by an Assembly, shall be applied by the Procureurs towards the improvement of amenities and other works of interest pertaining to and situate within the boundaries of the Vingtaine (Cantons de Haut & de Bas). Such expenditure shall be approved by an Assembly provided always that the Procureurs may proceed with the maintenance of Allix’s Shipyard and the Regency Arch and with the refurbishment of existing historical plaques without seeking approval of an Assembly.
- The Procureurs shall keep a Minute Book recording in a proper and full manner the proceedings and decisions of Assemblies and shall in addition keep proper books of account with respect to:-
- All sums of money received and expended by the Vingtaine and the matters in respect of which such receipts and expenditure take place;
- All assets and liabilities of the Vingtaine.
- The Procureurs shall cause financial statements to be prepared to the 31st December of each year comprising a revenue account and a balance sheet.
- The Procureurs shall cause the books and financial statements to be subject to an independent examination by a Chartered Accountant who shall be selected by the Proprietors each year at the Annual Assembly.
- Copies of the financial statements shall be made available to Proprietors at the Annual Assembly and shall be published on the Vingtaine’s website www.vingtaine.org.
- The financial statements so examined shall be submitted by the Procureurs to the Annual Assembly for adoption.
- An Assembly shall be held between the 1st of April and 30th June in each year.
- The notice convening an Assembly shall be inserted on two occasions in either the magazine of the Parish of St. Helier or a local newspaper or on the Vingtaine’s website or on the Parish’s website not less than fourteen (14) days prior to the date on which the Assembly is due to be held. The convening notice shall also be displayed in the notice box at the entrance of the Churchyard of the Town Church.
- The notice convening an Assembly shall contain the agenda for the Assembly and the Assembly shall not discuss or vote upon any subject other than those mentioned in the convening notice.
- A quorum of two proprietors shall be required for any Assembly other than one convened upon the requisition of Proprietors in accordance with the provisions of Article 7.
Requisition of Assemblies
The Procureurs shall call an Assembly within 30 days of receiving a request in writing signed by twelve Proprietors for any purpose which concerns the Vingtaine. An Assembly convened on the requisition of Proprietors shall require a quorum of nine of the said signatories.
In the execution of their duties the Procureurs shall not be liable for any loss to the Vingtaine’s Property arising
- in consequence of the failure, depreciation or loss of any investment made in good faith or by reason of any mistake or omission made in good faith; or
- by reason of any improper investment made in good faith or for the negligence or fraud of any agent employed by the Vingtaine although the employment of such agent was not strictly necessary or expedient; or
- by reason of any mistake or omission made by a Procureur or by reason of any other matter or thing except wilful and individual fraud or wrong doing on the part of the Procureur who is sought to be made liable.
Alterations to Regulations
These Regulations may be altered by a resolution passed by a simple majority of those Proprietors present and voting at an Assembly convened for that purpose provided that no such resolution shall be considered unless the notice convening the Assembly shall have set out the nature of the resolution and the text of the resolution shall have been published on the Vingtaine’s website in accordance with the provisions of Article 6.
The two Procureurs duly authorised by a resolution of an Assembly shall represent the Vingtaine in all legal and judicial transactions and before the Royal Court of Jersey and before all Courts and Tribunals whatsoever.
These Regulations shall come into force on the 19th day of April 2011, all former regulations being revoked forthwith.
M. Le Boutillier Procureur
K. Shaw Procureur