Termination of Trusteeship
9.—(a) At every election held under the provisions of clause 11 of this Scheme, one quarter of the elected Trustees, or if their number is not a multiple of four, the number nearest to one quarter, shall retire from office. The elected Trustees to retire shall be those who have been longest in office since their last appointment or re-appointment; but as between persons who were last appointed or re-appointed on the same day those to retire shall (unless they otherwise agree among themselves) be determined by lot. Subject to clause 11(d) of this Scheme any competent Trustee shall be eligible for re-election.
(b)For the avoidance of doubt, in calculating the fraction of one quarter in sub-clause (a) above:
(i)those Trustees serving for life shall not be required to retire and shall not be included in the total number of Trustees;
(ii)those Trustees who have ceased to be Trustees by virtue of sub-clause (c) below shall not be included in the total number of Trustees; and
(iii)if the number of Trustees is five or less, one Trustee shall retire; if the number of Trustees is between six and nine inclusive, two Trustees shall retire; and if the number of Trustees is between ten and twelve inclusive, three Trustees shall retire.
(c)A Trustee shall cease to be a Trustee if he or she:–
(i)is disqualified from acting as a Trustee of a charity by virtue of section 72 of the 1993 Act;
(ii)becomes incapable (in the opinion of the Trustees) by reason of illness injury or mental disorder of managing his or her own affairs;
(iii)is absent without permission of the Trustees from all their ordinary meetings held within a period of six months and the Trustees resolve that his or her office be vacated;
(iv)gives not less than one month’s notice in writing of his or her intention to resign (but only if at least the required quorum of Trustees will remain in office when the notice of resignation takes effect);
(v)ceases to be an elector; or
(vi)reaches the age of 75 and is not a Trustee serving for life.