Wikimedia UK v2.0/Candidate FAQs
The following are answers to questions asked in relation to the election of the first Board of Wikimedia Uk v2.0.
Why do Board candidates have to be over 18?
Board members of Wikimedia UK will legally be Director and Trustees of the organisation. UK charitable law specifically states that a person under the age of 18 cannot be a trustee of a charitable trust or an unincorporated charitable organisation. Under 18s can currently, however, be directors of a charitable company as long as the person understands their duties and responsibilities. The Charity Commission has accepted under 18 directors in the past (see here). Section 157 of the Companies Act 2006 (which came into force on 1 October 2007) required Directors to be at least 16.
We welcome the participation of all UK-based wikimedia editors, and hope those under 18 can contribute in other ways.
Why do Board candidates have to sign the declarations?
Board members of Wikimedia UK will legally be Director and Trustees of the organisation. Directors and Trustees have to comply with the legal requirements of the Charities Acts and the Companies Acts. Directors may not be disqualified or undischarged bankrupts. Charity Trustees may not be any of this list. Signing the declaration gives the members the assurance that these requirements are being met.
Why are Board members required to accept a Criminal Records Bureau check?
From October 2009 [1], under UK Child Protection law (specifically the Safeguarding Vulnerable Groups Act 2006), it is a criminal offense for an organisation to take on someone - even on an unpaid basis - for a "regulated or controlled activity" without vetting them. The person performing a regulated activity also commits an offense if they are not registered. Before October 2009 a similar scheme applies.
One of the proposals for future activity of Wikimedia UK is to promote wikimedia projects in schools and this is likely to involve "frequent" (defined as once per month or more) contact with under-18s in schools - a regulated activity. Therefore everyone involved in these projects will have to be pre-vetted.
If a charity is one where "the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to children" then as long as the purposes are not "merely incidental to the purposes for which the charity is established" then the charity is deemed to be a "children's charity". In this case all charity trustees will also be performing a "regulated activity" and will therefore require pre-vetting. (SVGA Sch 4 1(9), 4(1)(g), 4(4) and 4(5)) Therefore, if Wikimedia UK decides to do these projects in schools it may first have to pre-vet all trustees as well as all people working in the project.
In addition, Wikimedia UK intends to accept membership applications from under-18s. This will give the Membership Secretary access to names, contact details and other personal information of under-18s. Although this does not appear to be a regulated or controlled activity, Wikimedia UK may decide to require the officer doing this position to be pre-vetted.
Why is the initial Board to consist of only [3]/[5] members?
Because there sole role is to get things going for which there is little benefit in having more particularly when you consider transportation issues.
What are the rules for the election of the initial Board
A couple of possible setups. We may get access to the boardvote software. Otherwise public vote or votes emailed to an account with a password shared by a couple of trusted people.
Why are we hoping to set up a UK Chapter?
To do the kind of things other chapters do. Raise money for wikipedia projects and use of the trademarks to open doors.
Why do we intend to register the UK Chapter as a Charity?
Registering the Chapter as an has several key advantages including that UK taxpayers can donate tax-free and that organisations such as universities are likely to allow us to hire facilities at less than commercial rates.
Being a charity prevents us from certain political and campaigning activities and requires us to have wholly charitable purposes for the public benefit. We don't consider either of these restrictions to be inconsistent with our aims.
If we set ourselves up as a charity we are obliged to register once our income exceeds £5,000. Before then we may apply for voluntary registration but the Charities Commission has the discretion to accept us or not.
Why have we decided to use a Company Limited by Guarantee structure for the Chapter?
English Charities can be established in three forms:
- an
- a
- a (also known as a Company Limited by Guarantee)
The main advantage of the last option over the other two is that it provides the members with in the event of a dispute with a third party; the main disadvantage is the additional expense associated with registering with Companies House and preparing annual statutory accounts that comply with the SORP, which are expected to cost £500 - £1,000 per year. Given the plans for Wikimania 2010 in Oxford this expense is considered to be worthwhile.
A new form of Charitable Incorporated Organisation has passed into law but as of September 2008 is not yet operational. We have decided not to wait until this is available.
What will be the main tasks for the interim Board?
The main tasks of the interim Board are set out in the Timeline. In essense it is to establish the organisation within the first six months and then hand over to a fully operational Board. The main tasks are:
- Agree constitutional documents
- Register at Companies House
- Obtain tax free status
- Obtain Wikimedia Foundation chapter status
- Open a bank account
- Process membership applications and donations
- Organise the first Annual General Meeting