|
Your ALLOTMENT
GROUP
"START-UP"
|
the
ESSENTIAL DOCUMENTS Page |
See the picture
of our friend above? We've all
been there haven't we? Why? Because in the main,
we're gardeners and not office bods or legal
beagles! All we want to do is get stuck into our
little veg plot, away from the woes and rigours of the
mad world of paper and
bureaucracy
that surrounds
us daily. We want PEACE & QUIET to grow our veg. - not
paper-work and admin. hassle!
The only fly in
the ointment is that someone has to run an allotment
group - before others can benefit by savouring the unadulterated
joy of doing nothing but cultivating, admiring the
results - and drinking tea with their plot neighbour - whilst
engaging their passion! Nothing wrong with that! But
sadly it has
to wait until everything is properly organised. The
horse needs to go before the cart & not the
other way around! To their chagrin, in their hurry to get their hands
dirty many allotment groups that are starting-up overlook this
extremely important primary step. One thing you can always depend on. More
than two people working side by side in a group
will eventually - inevitably - dig up a problem, unless
they are properly guided and organised.
As an ordinary
member you'll probably never have any headaches at all
on the management and admin side of things. However,
as a Management
Committee Member of your allotment group (especially
if you've been selected as the chair, secretary or
treasurer of the Management Committee) there'll be a
lot of late-night candle-burning ahead for you in
the early days. You will need to think about:
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Getting your
documentation sorted (Constitution, Tenancy
Agreements, Member's Hand-book etc.) |
|
Compiling
& listing your
membership rules |
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Documenting site
rules and regulations for site plot-holders & users |
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Opening a
bank account |
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Keeping
financial records |
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Keeping a
full record of plot occupancy and use |
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Managing
waiting lists and plot allocation
|
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Dealing with
tenancies, rents due and paid - issuing receipts |
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Preparing
and compiling annual reports and accounts for
the membership |
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Managing
inspection reports and evictions. |
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Managing
bills for rent and water charges and dealing with
all relevant correspondence as requested. |
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Providing
and paying for site services and maintaining the
services provided. |
However, DON'T
GET PUT OFF - we can help you with
most of that. We've already done it all in the past -
so there's no point in reinventing the wheel! You can
of course opt for the "do nothing for now"
philosophy - as taught by the now famous School of
Disasters for Budding Allotment Newbies!
Alternatively you can
do it properly from the start and save yourself a
HUGE amount of heartache and perpetual "crises management"
exercises in
the future! |
OK - so it's safe to assume that if
you're still reading this far, you haven't yet formed
your allotments group! Let's assume you and a few friends and/
or acquaintances - who are existing keen growers (or
are enthused by the current "Grow Your Own" revolution) have decided to form an allotment
association or gardening society in your local
community. What's the next step?
First you
need to familiarise yourself with standard allotment site
management models that are in existence. In general
the choice is whether it is going to be what's
traditionally referred to as a "Council allotment
site" or a "Private allotment site". In theory the
council is obliged by statutory legislation to
provide an allotment site where there is a demand by
locals for an area to grow food. In practice the
councils often duck & weave and drag their feet in
these matters (unless you're lucky enough to have a
council that has allotment sympathisers or "grow your
own enthusiasts" in it's ranks - rare, but possible!).
A council's "slow-motion" response to a request for
ground often results in a group getting
together, and renting some private ground and
thereafter running a
"private" allotment site - without any council
involvement.
So, you will also
have to decide at the outset who is going to provide the land,
which working site management model will be used,
and how you will fit into the picture. Some
of these models don't require much admin input from
the plot-holders themselves, as the management is
provided by the providers of the site (usually the
local council).
Other models
(where the allotment group is privately run and
privately managed) require that your allotment group
is not only properly structured, it also needs to be
able to manage the membership and manage the day to
day running of the site and it's services. It is
this model that we concentrate on when it comes to
helping start-ups to find their feet and providing
the necessary documentation.
Here is a list of the
traditional, allotment site models that are managed in
various ways.
a) Public
owned - public managed. These sites are usually
owned by the local council (Parish, Community, Town
or County) and are managed by the council who owns
them in the name of the “public” (although the
public proper have little say in these things). The
council concerned usually employs an “Allotment
Officer” who has oversight of all the sites the
council may run in a given area. It is usually an
added on responsibility that a council officer may
have in a department like Parks & Gardens/
Highways, Property & Works or
similar - depending on your council admin structure. Each site then
usually has a “site representative”
chosen by the plot-holders who liaisons between the
plot-holders on a site and the Allotments Officer on
behalf of the council. This type of management is
very common in inner Town & City areas. It’s rarely
a set-up that’s used by a private landowner. The
plot tenancy and the rent are paid between each
plot-holder and the landlord (Council). All services
on site (water, toilets, access gates & fences etc.)
are provided and then maintained by the Landlord.
Groups on such sites are governed by the landlord's
rules and regulations. If the landlord is the
council they are by statute required to adhere to
the provisions of the Small Holdings and Allotments
Act 1908 and it's subsequent revisions
b) Public
owned - privately managed. Sometimes this is
also a model set-up
and used between a council and a specific allotment group
(usually to allow the council to by-pass certain
statutory obligations laid on it by the Allotments
Act 1908). The owner of the site licences the land
usually by means of a land use licence agreement (for a
specific period of usually not less than 10 years or
up to 99 years) to the allotment group who pays that
licence annually. In such cases the land owner is
referred to as a “Landlord Paramount” and the
allotment group who has the land licensed from the
Landlord Paramount, is usually referred to in
tenancy and other agreement documents as “The
Landlord” whilst the plot holding members are the
“Tenants” of the allotment group that has the land
use licence for the
ground. The group then rents the individual plots to
its members to pay for the licence and other
overheads. The licence agreement between the
Landlord Paramount and the Landlord usually
stipulates how the land must be used and requires
strict adherence that it is not to be used for
anything but food growing for private, and not for
commercial, use. The licence also usually stipulates
how the site should be kept. In this type of set-up
the allotment group would be responsible for all the
services. The group’s General Management Committee
would also see to all the maintenance and management
of the site.
c) Privately
owned – privately managed.
Exactly the same as b) above, (although in very
rare cases the land-owner may want to manage the
site) but the ground is privately owned and not
owned by a public body - like the council. The same
arrangements with titles of the parties and the
provision of a land lease licences would normally
apply. It is also popular with the Church and other
large landowners like railway companies who often
lease the lands alongside their railway banks to
private allotment groups, but don’t want the hassle
of managing such sites. Services provision & the
management and maintenance of the site are the
responsibility of the Management Committee of the
allotment group that leases the land.
d) Member
owned and managed. A rare type of
arrangement, but they are about. In this case the
land is owned (usually by donation or by will etc.)
by the allotment group itself (therefore by extension it’s
members). It is then managed and maintained by a
General Management Committee and obviously all the
services and maintenance is done by the group’s
members.
e) Privately
endowed – privately managed. This is less rare,
but not as common as the first two types of
arrangement. In this scenario the land is donated,
but not permanently gifted to an allotment group.
Ownership remains with the original land owner.
Stipulations are put in place – as with the
privately owned - privately managed arrangement.
Responsibility for management is usually placed
with a management committee of the group. Site
preparation, services provision and site maintenance
is usually negotiated between the two parties at the
commencement of the arrangement and the provisions
are included in an agreement document signed by both
parties.
Small
Holdings and Allotments Act 1908 |
Download a copy (free) |
|
Sm. Ho. &
Allotments Act Legislation 1908 - 1950 |
Download a copy (free) |
|
This act is
the underpinning Law under which the provision of
allotments are made available to communities. It is
the legal basis under which local authorities
must - by law provide allotments.
There are some unavoidable obligations placed on
local authorities, they are :-
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That if there is a
demand for allotments in its area, it is
required under Section 23 of the Small Holdings
and Allotments Act 1908, to provide a
sufficient number of allotments and to let
them to persons residing in its area who want
them.
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If there is not land
currently available the local council can make
an application for compulsory hiring under the
Small Holdings and Allotments Act 1908 or the
local authority can acquire suitable land
through compulsory purchase.
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The local authority, under
Section 53 (4) have the power to borrow money to
acquire land for allotments.
Unfortunately in terms of the duty to
provide under section 23 of the Small Holdings and
Allotments Act 1908 the blatant loop-hole is that no
time limit is specified in the Act for provision of
a site by the council - once it has been established
that there is a demand. This is something that the
Welsh Government is currently looking at and may
make provisions for in the future, to stop councils
in Wales from using this
loop-hole to drag their feet or to procrastinate. Hopefully they will amend
the Act accordingly, thereby forcing local
authorities to act within a time scale, thereby
doing away with the tendency for councils to
purposely drag their feet when they have no
intention of discharging their legal obligations to
provide allotments.
Find land for
a site.
If there is no current council allotment provision
in your area, then you can do one of two things:
PETITION the council
to provide allotment facilities for your community.
You will require a minimum of just six
signatories from the electorate in the council ward
where you live and/or where you want your allotment
site. We have a properly worded PETITION TEMPLATE
that you can use for this. Click
HERE to download it
now - for free, or scroll down to the
Documents for
Download
section below.
Keep in mind
that if you have no allotment site in your
community, and there IS (thanks to your petition) a recognised demand by the
local community dwellers, who are on the electoral
list, to have allotments then your council is under
a legislated statutory obligation to provide land
for allotments - it is not a choice they HAVE to
provide allotments by law (Small Holdings and
Allotments Act 1908 - see above to download a copy).
If your council
refuse with the excuse that they have no land
available, then the 1908 Allotments Act empowers
them to force a landowner to lease land or in the
worse case scenario they have the power to
compulsory purchase land for allotment plots. DON'T
be fobbed off!
If you are successful with 1.
(not forgetting that EVERY council has a mandatory
legislated obligation set upon them - as stipulated
in the Small Holdings and Allotments Act 1908 - to
provide allotments where a need is proven and a
request made. I.e. they have NO CHOICE the demand is
a legal one, they can't duck the issue, BUT -
unfortunately - they can procrastinate. If they DO
start to drag their feet, then widen out your
campaign. get public support and advertise the
little known fact that councils MUST provide
allotments by Law - it is not an optional token of
kindness on their behalf. With the public support
that's currently evident for growing your own
healthy, local food, reducing our "food air miles"
and by so doing reducing our carbon footprint, you
should be able to easily canvass the support of your
local newspapers etc.)
you will probably be offered a site based on model
a) or b) above. If it's a) you will have a minimal
amount of documentary and management work. If it's
b) then you'll be the ones who have to manage the
site.
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CONSIDER
other sources
- apart from the council - who may be
agreeable to renting out land (especially if it's
disused), e.g. farmers, waterways, railways,
churches, schools, National Trust etc.
It is then a
case of setting up a meeting and writing to the
targeted landowner with a proposal (you can even
recommend that they visit this web-site
for an insight into allotment gardening).
You should
outline your plans, and it would add considerable
weight to your proposal (and credence to you as
a group), if you were already formed into an official
allotment group (association, society or club - it
doesn't matter which), and had the necessary
documentation in place to provide printed evidence
that you are serious about your project, and your
proposal. Also it would show that you are professional in
your approach and in what you
are doing - shown by the way you are going about it.
The people you are approaching need to feel
confident about you.
If you are
successful with 2. then it will be up to the willing
landlord to provide you with a rental agreement or a land lease
licence agreement. You should at that point get
professional legal advice to make sure that the
agreement you are signing on behalf of your group is
a legally safe and fair deal for you - and legally binding
of course. Under such
circumstances you will enter into a contract with
the "Landlord Paramount" (the land owner). You will
then need to enter into a tenancy agreement with
each of your "Tenants" (your plot-holding group
members). At that point you become the one referred
to as "Landlord" in your Plot-holder's Tenancy
Agreement.
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The first scenario
is a classic "Council run" allotment site model or
possibly a "Public owned, Privately managed"
allotment site. The second scenario is a "Privately
owned Privately managed" allotment site.
If you need any
more advice don't hesitate to contact us - if we are
able to, we will do everything we can to help. We
would like an allotment site in every village, town
and city in the UK!
However we
stress that although we have a comprehensive
understanding of the legalities and practicalities
that affect allotment groups - especially the
contents of the Small Holding and Allotments Act
1908 and it's subsequent additions and amendments,
also we are very familiar - through experience -
with set-up procedures and with the administrative
management of allotment groups, we are NOT lawyers
and we are NOT qualified to give legal advice. For
advice on specific legal matters please contact your
legal representative.
If you have group
membership of the National Society of Allotment &
Leisure Gardens Ltd. (NSALG) then you are entitled
to legal advice from their resident solicitor. |
DOCUMENTS For
DOWNLOAD
We can
(by download), provide you
with the MAIN documents that will be required by
your allotment organization.
(The
graphics displayed are for illustration purposes
only)
-
A
Constitution document
-
A
Plot-holder's Tenancy Agreement document
-
A Member's
Hand-book
-
An
Accounts spread-sheet template
THE
FOUR MAIN DOCUMENTS - Why Do You Need Them? |
CONSTITUTION
Probably the most important long term document for
your organisation. It is quite simply
your organisation's "Bible".
With a document
of this kind all answers to any possible
problems are covered and the procedures
for running your organisation smoothly
are all contained within it. With a
proper constitution the potential for
disputes and the level of acrimony -
on any subject - within your group are
virtually eliminated, as everyone knows
exactly where they stand and what's
required of them.
WITHOUT a
document of this kind you may find it
difficult to access funds and services
from outside bodies (often
including banks - especially if you ever
require a loan). Most outside bodies
dealt with by allotment organisation
(e.g. for grants, subsidies, lottery
funding etc.), usually require that your
allotment group is a properly
"constituted" organisation. Your
documented proof of that is your
Constitution Document.
Your Constitution document
will contain, amongst many other things, your:
- mission statement
for all to see
- all
tenancy outlines & guidelines
- member rules
- landlord
requirements
- site
management guidelines
- committee
and management structures and guidelines
- meeting
procedures & rules of conduct at meetings
-
definitions of
Management Committee members and official's
duties and roles.
Also included are
subjects like:
-
membership structures
- procedures for
disciplining
-
administration guidelines
- correct processes for
issuing notices etc.
Without a
constitution, most organisations are perpetually
trying to feel their way forward, making bad rules
as they go along, often under duress and invariably
whilst experiencing opposition from some members. They are incessantly bombarded by
problems that they need a consensus of support to
rectify on the hoof. Eventually everyone has a
gut-full of the hassle. Members step back from
responsibilities, the group becomes disorganised and
insular. Finally members drop off and the allotment
group dissolves. You DON'T want to go down that well
trodden path!
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|
PLOT-HOLDER'S TENANCY AGREEMENT
If your
allotment group runs and manages an allotment site,
then the plots on that site will be rented out by
your Group to
your individual allotment group members. Usually
(but not always - depending on which
management model you've adopted), the
allotment group is governed by the terms of the
Landlord Paramount's land rent or land lease licence
agreement. The allotment group then has separate
individual tenancy agreements with each of it's plot-holding
members.
It is vitally
important that this document is not only fair and
just, but it also has to be legally robust and
binding. It must also reflect the clauses laid on
you, the Landlord, by your Landlord Paramount. The
"Landlord Paramount" is usually the land owner or an
agent for the land owner who rents or leases the
land to your allotment group (it could be the local
council, a farmer, a waterways company, a railway
company, the Church, a school or National Trust
etc.). The "Landlord" is your allotment group that
runs the site. The "Tenant" is the individual
plot-holding member of your allotment group that
rents his/ her plot from the allotment group.
We have a
tenancy agreement template that you can customise
for your own purposes (or for a small fee we can
customise it for you - once you tell us what you
want to change and provide the details). This
document has been thoroughly vetted by a legal
professional and it is a high standard and
water-proof document that is fit for purpose. It has
been written solely for allotment groups. Many
similar documents are wide spectrum "off the shelf"
contracts that are often provided by solicitors who
do not have much allotment gardening knowledge or
experience.
A document like
this safeguards the rights of both parties, the
allotment group (Landlord) and the plot-holder
(Tenant). It is also guaranteed to be fair because
the author is an allotment tenant himself! |
|
MEMBERS
HAND-BOOK
Don't
expect every member to have a photographic
recall of everything in your constitution!
It's totally unfair to expect ordinary
members to shoulder such great
responsibilities, after all, they are not
there as scribes but as gardeners. It is our
duty to make that as pleasant and easy as
possible a task for them. Ordinary new
members don't want to go around overly
worrying either. The joy could be taken
right out of their allotment gardening
experience - especially if it's their first
plot - if they are constantly fractious that
someone off the "committee" might suddenly
confront them for something they've done or
not done according to the "rules". That
situation is wholly
unacceptable. Besides management committee
members should be viewed as friendly mentors
and not "Lottie Policemen". Hence the wisdom
of appointing experienced and knowledgeable
allotment growers in positions of officials
of your group. They also need to have good
management skills as well - which also
usually comes with experience gleaned from
their mentors over the years.
By far
the best way to encourage your members to
adhere to your allotment group's rules and
regulations is to provide each new
plot-holder with a small and easily read
"members Hand-book" that they can keep for
themselves. the Handbook will not only
familiarise them with allotment gardening
but it will also give them a broad view of
how your group expects it's members to
comply |
|
ACCOUNTING SPREADSHEET
We don't
actually need computers or calculators, we
can just use our own 20 digits that have been
given to us on two hands. We could just tend
to our allotments and when it's time to do
the accounts we could blow the dust off the
abacus and get going with the beads. If
that's how you want to do it - then you're
more than welcome to it - good luck! I don't
suppose you use matches to light your
bon-fires either!
On the
other hand, with a minimal amount of
experience and armed with any old computer
that can run the free Open Office
Spreadsheet programme or the more expensive
MS Excel programme you can, with our
template, just enter in your numbers into
the boxes for
membership subscriptions, invoices, receipts
and payments etc., and our customised
spread-sheet programme will calculate
everything for you.
This
spread-sheet template has been designed JUST
for an allotment group's accounts. Your
treasurer will love you to death for making
his or her life SO much easier! No more
sweating over the hand filled accounts,
getting balances to tally, double checking
columns for mistakes etc. As long as you
enter the correct data this customised
spread-sheet template will do it all for you. Not
only that but you'll have an on-going record
that you can back-up and refer to at will.
No more red faces when someone picks up on a
missing 2p when the accounts are presented
to the membership at your AGM! Once
downloaded this spread-sheet template is
yours to keep and adapt in any way you want.
We
recommend that you download a copy and then
archive it. You can experiment with a copy,
and if you mess up the copy template you always
have the original download copy to fall back on.
|
You
can
view a specimen copy of each of these
document for free - so that you can assess their
worth to your organization, before you commit
yourself.
There are two choices
- depending on what type of documents and what level
of support you require.
-
TEMPLATES. We can provide you with a template of
each document type. These are in the most popular word processor
formats (.doc & .odt)
so that you can edit and customise them
yourselves after download.
These documents will have blanks for you to fill
in your own organisation's information, or you
can edit the actual wording of the documents
themselves, adding, omiting or changing anything
you like to suite your needs.
-
CUSTOMISED. We can, partly using the
information you provide for us in the
form below,
plus any other details
that we may request from you later, provide you with the
completed documents for immediate use. We
will compile the documents only
using information that you provide. On
completion we will send you a link via e-mail so that you
can download your customised documents in PDF
format.
The choice is
yours. We are totally flexible. This is not a
business but a service that we provide to fellow allotment
groups. We do it because we are passionate about
allotment gardening and wish to see the "Grow your
Own" tradition safeguarded for future generations.
We also like to think that we are helping along the
allotment movement's interests nationally, by
encouraging and supporting similar groups to our
own. We do this primarily by aiding them to maintain
a minimal standard of competence and
professionalism. It is a great sadness that
many new allotment groups have fallen apart, or
failed to flourish in the past, because of a lack of
start-up knowledge/ general understanding and poor
on-going management skills and ridiculously inferior
official documents.
As you will
appreciate we are NOT a legal document charity!
Whilst we would dearly love to freely provide
our time and effort for no cost - the reality is
that we cannot afford to do that. Because we
-
DON'T have a
"paid for membership" structure, so that
other societies can join
-
DON'T have
affiliation fees
-
DON'T charge a
fee based on your allotment group membership
numbers
-
DON'T get financed by a
lottery fund, or similar.
We simply run an
allotment society and a web-site as a hobby to help
others who are doing the same - our interest is
growing veg for our families and friends whilst
helping others with knowledge so that they can also
benefit from our experience. We are not here to run
an on-line documents business!
Our time is precious and
unfortunately we have to account for it - not for a
profit, but to break even. Consequently we have to make a small charge for this
service to cover our own time overheads. After all these
documents take a long time to compile and we have to
shoulder the burden of all costs involved -
especially if we customise the documents
individually for other allotment groups.
When
you click on any "Template" download
icon below, you will be taken to
S C Cambria's PayPal transaction page.
Once you have
completed your transaction you will be
sent an e-mail with a link that will
allow you to download the document (or
bundles of documents) that you have
chosen. You will also be taken to a page
that will have a linked button to allow
you to instantly download after your
payment - rather than wait for your
e-mail to arrive in your "Inbox".
The download link
that we will automatically send to you
by e-mail will remain
valid for 14
days.
After that, the link does not
connect you to the download file.
The
account we use for our on-line
transactions is named S C Cambria -
this is the name that will
appear on
your bank statements for any purchases
made from this web-site. Our web-site
has been designed and, is maintained
under that name, by the Web-master who is
also the Aeron Vale Allotment Society
Chair. |
|
|
Document |
Type of
Download |
Document
Format |
Cost |
Download |
|
Members
Hand-book |
a) View
SPECIMEN copy |
PDF.
Opens with Adobe Reader (or similar
software) |
FREE |
|
|
b) Template
for you to customise |
.doc or .odt. Opens with MS "Word"/ Open
Office "Writer" software. Files
delivered in a compressed WinZip folder |
£10.00 |
|
c)
Customised for you - based on the
information you have provided
(ready to
print & bind) |
Available in all
formats. Usually delivered as a compressed
(Zipped) folder. Opens with WinZip or
similar software. You will need to fold and
staple the hand-book after you print it. |
£17.50 |
Please
click on arrow to go to order form
below
|
|
Plot-holder's Tenancy Agreement |
a) View
SPECIMEN copy |
PDF.
Opens with Adobe Reader (or similar
software) |
FREE |
|
|
b) Template
for customising |
.doc or .odt. Opens with MS "Word"/ Open
Office "Writer" software. Download
delivered as a
compressed (Zipped) folder. Opens with
WinZip or similar software. |
£20.00 |
|
c)
Customised for you - based on the
information you have provided
(ready to
print & bind) |
Available in all
formats. Usually delivered as a compressed
(Zipped) folder. Opens with WinZip or
similar software. |
£35.00 |
Please
click on arrow to go to order form
below
|
|
Constitution
|
a)
View
SPECIMEN copy |
Opens
with Adobe Reader prog. (or similar
software) |
FREE |
|
|
b) Template
for customising |
.doc
or .odt. Opens with MS "Word"/ Open
Office "Write" software. Download
delivered as a
compressed (Zipped) folder. Opens with
WinZip or similar software. |
£30.00 |
|
c)
Customised for you - based on the
information you have provided
(ready to
print & bind) |
Available in all
formats. Usually delivered as a compressed
(Zipped) folder. Opens with WinZip or
similar software. |
£65.00 |
Please
click on arrow to go to order form
below
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Accounts
Spread-sheet
|
View
SPECIMEN copy |
PDF.
Opens with Adobe Reader (or similar
software) |
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Template for
customising |
.ots
Opens with Open Office "Spreadsheet"
programme
.xlsx
Opens with MS Excel prog. (XML) |
£10.00 |
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Petition
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Template
for customising |
.doc
Opens with MS "Word"&
.odt. Opens with Open Office "Write"
software |
FREE |
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FULL SET
of TEMPLATES |
1b, 2b, 3 b)
& 5.
- Templates for customising |
MS "Word"/ Open
Office "Writer" progs. (.doc/ .odt)
& MS "Excel"/ Open Office "Spreadsheet"
progs. In Zipped
Folder |
£70.00
£65.00 |
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FULL SET
of Ready CUSTOMISED DOCUMENTS |
1c, 2c & 3c)
- Customised ready for printing & binding |
Adobe PDF files in
a Zipped Folder |
£117.50
£112.50 |
Please
click on arrow to go to order form
below
|
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