updated June 2010
RULES
OF THE ASSOCIATION FOR CLINICAL CYTOGENETICS
Registered under the Friendly Societies Act 1974
NAME AND CONSTITUTION
1 |
The Society is a Specially Authorised Society
established pursuant to the Friendly Societies Act
1974. It shall be called the Association for
Clinical Cytogenetics, and is hereinafter referred
to as "The Association". |
REGISTERED OFFICE
2.1 |
The Registered Office of the Association shall be
situated at the offices of the British Society for
Human Genetics, Clinical Genetics Unit, Birmingham
Women’s Hospital, Birmingham B15 2TG. |
2.2 |
The registered office shall not be changed, except
by resolution of a special general meeting. |
2.3 |
In the event of any change in the situation of the
registered office, notice of such change shall sent
to the Registrar in the form prescribed by Treasury
Regulations. |
OBJECTS
3 |
The Association is established for the purpose of
promoting science pursuant to the special authority
of 10 June 1976 given under section 7(1)(f) of the
Friendly Societies Act 1974, and in particular
promoting the advancement of clinical cytogenetics,
including its molecular aspects and applications, in
Great Britain and to collaborate with other
organisations which are established for similar
objects in other countries; promoting the
development of cytogenetics in the interests of
public health, including monitoring the genetic
risks of environmental hazards; promoting meetings
for the discussion of subjects of importance in
clinical cytogenetics; developing and maintaining
professional standards by organising training
courses and by co-operating with examining bodies in
medicine or the biological sciences in the promotion
of suitable qualifying examinations for members of
the profession of clinical cytogenetics; advising
appropriate government departments on all matters
affecting cytogenetic services in the Health and
allied services, including the development of a
recognised career structure for cytogeneticists, the
organisation of the service, the evaluation of
appropriate scientific equipment, the design of
laboratories and matters affecting the careers and
training of Clinical Cytogeneticists; collaborating
with editorial boards of any periodicals or
publications in the fields of medicine and biology;
collaborating with other societies or organisations
which have a common interest with the Association in
the promotion of meetings or other joint
enterprises; and doing all such other things as may
in the opinion of Council spread or increase the
knowledge and standing of Clinical Cytogeneticists. |
APPLICATION OF FUNDS
4.1 |
All monies received on account of entrance fees,
levies, fines, donations, sales of rules, or
otherwise, and interest on investments shall be
applied in carrying out the objects of the
Association in accordance with the rules. |
4.2 |
Any officer misapplying the funds shall repay the
amount misapplied and be excluded without prejudice
to his liability to prosecution for such
misapplication. |
INVESTMENT OF FUNDS
5.1 |
So much of the funds as may not be wanted for
immediate use, or to meet the usual accruing
liabilities, shall with the consent of the Council,
or of a majority of the members present and entitled
to vote in general meeting, be invested by the
Trustees in any of the following ways, namely; in
the National Savings Bank, or in the public funds,
or in the purchase of land, or in the erection or
alteration of offices or other buildings thereon, or
in any investment in which Trustees are for the time
being by law authorised to invest trust funds. |
5.2 |
The Trustees, with the consent of a special general
meeting may hold, purchase, or take on lease any
land and may sell, exchange, mortgage or lease any
such land and erect, alter or pull down buildings on
it; and a purchaser, assignee, mortgagee, or tenant
shall not be bound to inquire as to the authority
for any sale, exchange, mortgage or lease by the
Trustees, and the receipt of the Trustees shall be a
discharge for all monies arising from or in
connection with such sale, exchange, mortgage or
lease. |
5.3 |
Mortgages or other assurances for securing money to
the Association may be vacated by a receipt endorsed
or annexed, signed by the Trustees and countersigned
by the General Secretary, in the form contained in
the Fourth Schedule to the Friendly Societies Act,
1974. |
MEMBERSHIP
6.1 |
Members |
6.1a |
Ordinary Members |
6.1a.1 |
Persons admitted as Ordinary Members shall be
occupied primarily in the practice of clinical
cytogenetics, including its molecular aspects and
applications, but may continue their membership
after retirement from active professional life. |
6.1a.2 |
They must be graduates in science or medicine of an
approved University, or hold such qualifications as
the Council may from time to time accept as
equivalent to a University degree; and they must be
employed in a scientific or clinical capacity
acceptable to Council. |
6.1a.3 |
Others involved in teaching, research or other
activities allied to clinical cytogenetics, and
whose qualifications conform to the requirements of
(6.1a.2), may be admitted at the discretion of
Council. |
6.1b |
Overseas Members
As for (6.1a) Ordinary Members, but resident outside
the United Kingdom. |
6.1c |
Corporate Members
Companies or corporate bodies who supply goods
and/or services to clinical cytogenetics
laboratories may, at the discretion of Council, be
admitted to Corporate Membership of the Association.
The names of Corporate Members must be published in
the bulletin currently used as the official medium
of communication between members of this
Association. Each corporate body amounts to only one
member, although additional nominated employees of
Corporate Members may attend meetings of the
Association as onlookers. A Council representative
on the organising committee of the meeting shall be
notified in advance of the names of such employees
as will attend and shall have discretion to admit,
or refuse admission to such employees. Corporate
Members shall receive information of the
Association's activities on the same terms as
Ordinary Members, or multiples of such copies as the
Council may decide. Corporate Members may, at the
discretion of Council, participate in exhibitions
(but not for the sale of produce) at Association
meetings. |
6.2 |
Scientific Associates
Persons not qualified for admission as Ordinary
Members may be admitted as Scientific Associates,
provided that they are occupied primarily in the
practice of clinical cytogenetics or allied
disciplines in a professional capacity acceptable to
Council. Scientific Associates may take full part in
all scientific activities of the Association (but
shall have no voting power and shall not be eligible
for membership of the Council). |
6.3 |
Fellows |
6.3a |
Honorary Fellows
Persons of distinction may, at the recommendation of
Council and a majority vote of two thirds of a
General Meeting be elected Honorary Fellows of the
Association. They may take full part in all
scientific activities of the Association but shall
pay no subscription, shall have no voting power and
shall not be eligible for membership of the Council. |
6.3b |
Emeritus Fellows
Persons of distinction who have been Ordinary
Members or Scientific Associates of the Association
for not less than 10 years and who have retired from
full-time employment may, at the recommendation of
the Council and the majority vote of two thirds of a
General Meeting, be elected Emeritus Fellows of the
Association. They may take full part in all
scientific activities of the Association but shall
pay no subscription, shall have no voting power and
shall not be eligible for membership of the Council.
Honorary Fellows shall be awarded the status of
Emeritus Fellows upon retirement from full-time
employment. |
6.4 |
Applications for Membership and Scientific
Associateship shall be submitted to Council by the
Membership Secretary or the General Secretary.
Applications shall be considered by Council which
may approve those candidates who are eligible for
election. |
6.5 |
Council shall not change the conditions under which
Members, Associates and Fellows shall be admitted
without reference to a General Meeting of members. |
SUBSCRIPTIONS
7 |
Every member of the Association (other than Honorary
and Emeritus Fellows) shall pay a subscription,
which will include membership of the British Society
for Human Genetics. |
7.1 |
Ordinary Members shall pay a full yearly
subscription not exceeding £30. |
7.2 |
Overseas Members shall pay a yearly subscription not
exceeding £30. |
7.3 |
Scientific Associates shall pay a yearly
subscription not exceeding £30. |
7.4 |
Corporate Members shall pay a yearly subscription
exceeding £200. |
7.5 |
The rates of subscription shall be determined from
time to time by the Council, subject to approval at
a General Meeting of members as in Rule 6.5. |
ARREARS
8 |
Any member whose subscription shall be unpaid at the
expiration of six calendar months from the 2nd
January in any year, having received notification of
arrears from an Officer of the Association or their
agent at least one month previously, shall cease to
be a member of the Association save in exceptional
circumstances acceptable to the Council. Any lapsed
member who applies to rejoin and who has not paid a
subscription for more than one year shall pay the
equivalent of the subscription for one year at the
current rate in addition to the subscription due on
joining. |
MEETINGS
9.1 |
The Annual General Meeting shall be held on a date
and time to be arranged, between the months of March
and September. |
9.2 |
Eight weeks notice of the Annual General Meeting
shall be given to all members. |
9.3 |
All motions and items for discussion should be
returned in writing to the secretary to arrive no
less than six weeks prior to the Annual General
Meeting. |
9.4 |
The secretary can, with the approval of the
proposers and seconders, modify or amalgamate the
received motions. |
9.5 |
Fourteen days notice of the Annual General Meeting
stating the business to be transacted at the meeting
shall be given to every member in writing, left at
or posted to his last known address. |
9.6 |
A
special general meeting shall be held whenever the
Council thinks expedient, and whenever 10 members so
request in writing delivered to the General
Secretary. |
9.7 |
Seven days notice of any special general meeting,
stating the business to be transacted at such
meeting, shall be given to every member in writing,
left at or posted to his last known address. |
9.8 |
All general meetings shall be held at the registered
office unless the Council (either generally or in a
particular case) otherwise decide. |
9.9 |
At all general meetings, the Chairman of the
Council, or Deputy Chairman, or if neither be
present then a deputy elected for the occasion at
the meeting, shall take the chair. Fifteen members
shall form a quorum, except for the amendment of
rules or removal of an officer, in which case forty
members of the Association shall form a quorum. |
9.10 |
Every member present (and not disqualified by
arrears or otherwise as mentioned in these rules)
shall have one vote, and when the votes are equal
the then the presiding officer shall have an
additional or casting vote. |
9.11 |
Accidental omission to give notice of a meeting to,
or the non-receipt of such notice by, any person
entitled to receive notice thereof shall not
invalidate any resolution passed, or proceeding had,
at any meeting. |
9.12 |
If, within half an hour from the time appointed for
the holding of a General Meeting, a quorum is not
present, the meeting, if convened on the requisition
of the members, shall be dissolved. In any other
case it shall stand adjourned to the same day in the
next week, at the same time and place, or at such
other place as the Council may determine, and if at
such adjourned meeting a quorum is not present
within half an hour from the time appointed for
holding the meeting, the members present shall be a
quorum. |
9.13 |
The Chairman may, with the consent of any meeting at
which a quorum is present (and shall if so directed
by the meeting) adjourn the meeting from time to
time, and from place to place, but no other business
shall be transacted at any adjourned meeting other
than business which might have been transacted at
the meeting from which the adjournment took place.
Whenever a meeting is adjourned for thirty days or
more, notice of the adjourned meeting shall be given
in the same manner as of an original meeting. Save
as aforesaid, the members shall not be entitled to
any notice of an adjournment, or of the business to
be transacted at an adjourned meeting. |
9.14 |
At any General Meeting a resolution put to the vote
of the meeting shall be decided on a show of hands,
unless a poll is, before or upon the declaration of
the result of the show of hands, demanded by the
Chairman (or by at least three members present in
person or by proxy, or by a member or members
present in person or by proxy and representing one
tenth of the total voting rights of all the members
having the right to vote at the meeting) and unless
a poll be so demanded a declaration by the Chairman
of the meeting that a resolution has been carried,
or carried unanimously or by a particular majority,
or lost, or not carried by a particular majority,
and an entry to that effect in the minute book of
the Association shall be conclusive evidence of the
fact without proof of the number or proportion of
the votes recorded in favour of or against that
resolution. The demand for a poll may be withdrawn. |
9.15 |
Subject to the provisions of Rule 9.16, if a poll be
demanded in manner aforesaid, it shall be taken at
such time and place and in such manner (including a
postal ballot of all voting members), as the
Chairman of the meeting shall direct, and the result
of the poll shall be deemed to be the resolution of
the meeting, at which the poll was demanded. |
9.16 |
No poll shall be demanded on the election of a
Chairman of a meeting, or on any question of
adjournment. |
9.17 |
In the case of an equality of votes, whether on a
show of hands or on a poll, the Chairman of the
meeting shall be entitled to a second or casting
vote. |
9.18 |
The demand of a poll shall not prevent the
continuance of a meeting for the transaction of any
business other than the question on which a poll has
been demanded. |
9.19 |
Subject as hereinafter provided, every member shall
have one vote. A Corporate Member shall have one
vote which shall be cast by a nominated
representative of the corporate body concerned.
Honorary Fellows and Emeritus Fellows shall have no
vote. |
9.20 |
Save as herein expressly provided, only a member who
shall have paid every subscription and other sum (if
any) which shall be due and payable to the
Association in respect of his membership, shall be
entitled to vote on any question either personally,
or by proxy, at any General Meeting. |
9.21 |
Votes may be given on a poll either personally or by
proxy. On a show of hands a member present only by
proxy shall have no vote. |
9.22 |
The instrument appointing a proxy (who need not be a
member of the Association) shall be in writing under
the hand of the appointer or of his agent duly
authorised in writing. |
9.23 |
The instrument appointing a proxy and the power of
attorney or other authority (if any) under which it
is signed or a notarially certified copy thereof
shall be deposited at the registered office of the
Association, or such other place within the United
Kingdom as is specified for that purpose in the
notice convening the meeting not less than forty
eight hours before the time appointed for holding
the meeting or adjourned meeting at which the person
named in the instrument proposes to vote, and in
default the instrument appointing a proxy shall be
valid after the expiration of twelve months from the
date of its execution. |
9.24 |
A
vote given in accordance with the terms of an
instrument of proxy shall be valid notwithstanding
the previous death or mental disorder of the
principal or revocation of the proxy or of the
authority under which the proxy was executed,
providing that no intimation in writing of such
death, mental disorder or revocation shall have been
received by the Association at the registered office
before the commencement of the meeting or adjourned
meeting at which the proxy is used. |
OFFICERS
10.1 |
The Association shall have the
following officers, who shall form the Council of
Management (herein called "The Council"). Three
Trustees, a Treasurer, a General Secretary, an
Assistant Secretary, up to eight ordinary members
and up to three junior members of Council and up to
three technologist members of Council. The Council
shall elect the Chairman and a Deputy Chairman from
a serving or retiring member of Council with voting
rights. The Council may also elect a Membership
Secretary. A Trustee who is proposed for election as
Chairman or Deputy Chairman shall be a serving or
retiring ordinary member of Council in addition to
and without prejudice to the terms of his office as
Trustee.
|
10.2 |
The Association shall have a President who shall be
elected for three years and shall not be eligible
for immediate re-election to that office. Nomination
for President shall be made through, and with the
approval of, the Council. The President shall
preside at all scientific and social functions of
the Association but shall have power to nominate a
substitute acceptable to Council, for a particular
occasion. The President, past-Presidents and
Presidents-elect who are not serving members of
Council may be invited to attend meetings of the
Council but shall have no vote. |
10.3 |
Every candidate for General Secretary, Assistant
Secretary, Treasurer, Ordinary Membership, Junior
Membership and Technologist Membership of Council
shall be nominated in writing by two members
qualified to vote in such an election.
Nominations and statements of the Candidate's
willingness to accept office must reach the General
Secretary at least fourteen days before the Annual
General Meeting. The General Secretary, Assistant
Secretary, Treasurer, Ordinary Members, Junior
Members and Technologist
members of the Council shall be elected by
all voting members of the Association. All members
of the Council shall serve in an honorary capacity. |
10.3.1 |
The General Secretary, Assistant Secretary, and
Treasurer may be elected at the Annual General
Meeting held one year before the Annual General
Meeting after which their period of service will
begin, by a secret postal ballot attested by the
Auditors, and held in the intervening period. Any
such officers elected in advance of taking office
shall be designated Officer-Elect and may attend
meetings of the Council at the invitation of the
Chairman. |
10.3.2 |
The General Secretary and Assistant Secretary shall
be elected every three years and shall be eligible
for re-election. |
10.3.3 |
The Treasurer shall be elected for three years and
shall be eligible for re-election. |
10.3.4 |
Ordinary Members of Council shall be elected for
three years and shall be eligible for re-election. A
serving or retiring Ordinary Member may be nominated
for the office of Chairman, Deputy Chairman, General
Secretary, Assistant Secretary or Treasurer. |
10.3.5 |
Junior Members of Council shall be elected for three
years and must be employed as a Clinical Scientist
at band 7, or a pre-Registration Clinical Scientist
Trainee, or equivalent on University, MRC or Private
Sector scales. They shall be eligible for
re-election. They shall resign their Membership of
Council at the Annual General Meeting following
their promotion above band 7 for Clinical Scientists
in the NHS or its equivalent in University, MRC or
Private Sector employment. |
10.3.6 |
Technologist members of Council shall be elected for
three years and shall be eligible for re-election. |
10.3.7 |
The Chairman.
The Council shall elect as Chairman of Council any
member of the Association who is a serving or
retiring member of Council with voting rights. The
Chairman shall hold office for three years
notwithstanding that during this time his term of
office as a member of Council shall have expired. A
Chairman whose term of office as a member of Council
has expired shall retain full voting membership of
Council for the remainder of his chairmanship by
virtue of his election as Chairman. The Chairman
shall be eligible for re-election providing that at
the time of his re-election he is a serving or
retiring member of Council. The Chairman shall
preside at Council and General Meetings; in his
absence the Deputy Chairman, or if neither be
present then a deputy elected for the occasion at
the meeting, shall take the chair. |
10.3.8 |
Deputy Chairman.
Each year the Council shall elect as Deputy Chairman
one of the serving or retiring members of Council.
The Deputy Chairman shall hold office for one year
and shall be eligible for re-election. One year
prior to the end of the Chairman of Council’s term
of office, Council shall undertake an election to
either:
Re-elect the existing Chairman for a further period
of office (see Rule 10.3.7) or
Elect a Deputy Chairman who shall become the next
Chairman of Council. |
10.3.9 |
Membership Secretary.
Each year the Council may elect as Membership
Secretary one of the members of Council. The
Membership Secretary shall hold office for one year
and shall be eligible for re-election. At its
discretion the Council may elect an ordinary member
of the Association who is not a member of Council to
the post of Membership Secretary. Any such person
shall become an ex-officio member of Council, shall
hold office for one year, shall be eligible for
re-election and shall have no voting power. The
Membership Secretary shall receive all applications
for membership of the Association and shall submit
such applications to the Council for approval. The
Membership Secretary shall keep such records as are
necessary for the execution of the office. |
10.3.10 |
Other Representatives.
The Council shall have the power to co-opt
additional members to represent the Association to
other bodies with whom the Association may have
common interests or for the discussion of special
issues. Such co-opted members shall be ex-officio
members of Council, shall serve at the discretion of
the Council and shall have no voting power. |
10.4 |
Any officer may be removed by resolution of a
special general meeting which may proceed to fill
the vacancy. |
10.5.1 |
No person who is a minor shall be elected to office. |
10.5.2 |
A
member shall not be nominated for office who is
three months in arrears with his subscriptions. |
10.5.3 |
The same person shall not be General Secretary or
Treasurer and a Trustee of the Association. |
10.6 |
In case any officer (other than a Trustee) shall
die, resign, be removed, or become unfit or
incapable to act, the Council may at any time
appoint a person to fill the vacancy until the next
Annual General Meeting, unless the vacancy is
previously filled at a special general meeting. |
10.7 |
In the event of any Trustee dying, resigning, or
being removed from office, another shall be
appointed by a resolution of a majority of the
members present and entitled to vote at the Annual
General Meeting or at a special general meeting. A
Trustee shall be elected to office for a period of
five years, to be renewable at the pleasure of the
Association. Every resolution appointing a Trustee
shall be entered in the minutes of the meeting at
which he is appointed. |
10.8 |
A
copy of such resolution, signed by such Trustees,
shall be forwarded by the General Secretary, to the
Registrar in the form prescribed by the Treasury
Regulations. |
10.9 |
Every officer or servant having the receipt or
charge of money shall before taking upon himself the
execution of this office or service, give security
to the Trustees through a Guarantee Society or by a
bond in pursuance of the Act, in such sum as the
Council may direct, being not less than a sum
sufficient to cover the maximum amount of cash which
the officer of servant is likely at any time to
hold. |
TRUSTEES
11.1 |
All deeds, documents of title and securities for
money shall be held by the Trustees, who shall take
such measures for the safe custody and preservation
thereof at the expense of the Association as they
may think fit, and they shall by responsible for the
safe custody of all such deeds, documents and
securities as are placed in their hands or under
their control, and shall produce them for inspection
by the auditors when required by them, and whenever
else required by a resolution of a general meeting
or of the Council.
A designated Trustee shall be responsible for the
safe custody of the archives of the Association. |
11.2 |
If any Trustee, being removed from his office,
refuse or neglect to assign or transfer any property
of the Association as a general meeting may direct,
such Trustee shall (if he be a member) be expelled,
and cease to have any claim on the Association
without prejudice to any liability to prosecution. |
11.3 |
The Trustees shall be the persons to sue and be sued
on behalf of the Association. |
TREASURER
12 |
The Treasurer shall take charge of the funds of the
Association which are not invested and pay all
demands when required to do so by the Association,
or by the Council or by the Chairman of Council or
the General Secretary or a Trustee. He shall not pay
any monies without the authority of a Trustee, or
other Officer in the case of unavailability of a
Trustee. He shall produce all books, documents,
property and money of the Association in his
possession, and shall prepare all returns and other
documents required by the Act or the Treasury
Regulation and duly forward them to the Registrar. |
GENERAL SECRETARY AND ASSISTANT SECRETARY
13 |
The General Secretary shall attend all meetings of
the Association and of the Council; he shall record
correctly the names of the officers there present,
and the minutes of the proceedings, which he shall
transcribe into a book to be authenticated by the
signature of the Chairman as the proceedings of the
meeting; he shall forthwith hand over all monies
received by him to the Treasurer. He shall produce
all books, documents, property and money of the
Association in his possession, and render a full and
clear account at each audit and whenever required by
resolution of the Association or of the Council or
by the Trustees. He shall also pay over all monies,
and give up all books, documents and property
belonging to the Association when ordered to do so
by a resolution thereof or of the Council or by the
Trustees. He shall summon and give due notice of all
meetings of the Association and of the Council and
keep the accounts, documents and papers of the
Association in such manner and for such purpose as
the Council may appoint. The General Secretary shall
on all occasions, in the execution of his office,
act under the superintendence, control, and
direction of the Council. For his services he shall
receive such sum as the Council may determine. The
Assistant Secretary shall assist the General
Secretary in carrying out his duties and act for him
in his absence. |
COUNCIL OF MANAGEMENT
14.1 |
The Council shall meet on such days and hours as may
be agreed from time to time. The Chairman, or if he
be not present, the Deputy Chairman, or if neither
be present then a deputy agreed by the Council for
the occasion, shall preside. Fifty per cent of the
members of the Council shall form a quorum. The
Council shall have full power to superintend and
conduct the business of the Association according to
the rules thereof, and shall in all things act for
and in the name of the Association. Every question
shall be decided by a majority of votes, and if the
votes are equal the Chairman or in his absence his
deputy shall have a casting vote in addition to his
vote as a member. Any three of the Council may call
a special meeting thereof, by giving seven clear
days' notice in writing to the General Secretary but
at such special meeting no other business than that
specified in the notice shall be taken into
consideration. |
14.2 |
The following Officers of Council shall form an
Executive that is authorised to agree and take
decisions about matters that require actions prior
to the next meeting of Council: Chairman, Deputy
Chairman, General Secretary and Treasurer. |
14.3 |
Council shall approve the Chairman of the following
Committees of Council and shall replace the Chairman
if necessary: Education and Training Committee,
Professional Standards and Best Practice Committee,
Scientific Committee, and Strategic Development
Committee (the former two Committees are Standing
Committees of Council; the latter two Committees are
formed and disbanded as required). The following
Committee of Council shall approve their own
Chairman: Membership Liaison Committee. The
membership of all Committees of Council, and all
changes in membership shall be notified to Council
at least annually |
ACCOUNTS
15.1 |
The Council shall cause proper accounts of the
Association to be kept by the Treasurer in
accordance with the requirements of Section 29 of
the Friendly Societies Act 1974. |
15.2 |
It shall be the duty of the Council to keep a copy
of the last annual balance sheet and of the report
of the auditor on the balance sheet always hung up
in a conspicuous place at the registered office of
the Association. |
INSPECTION OF BOOKS
16 |
The Council shall cause the books to be available
for the inspection of any member or person having an
interest in the funds of the Association at all
reasonable hours, at the registered office or at any
place where the books are kept, and it shall be the
duty of the Treasurer to produce them accordingly. |
AUDIT
17.1 |
The Association shall in each year of account
appoint a qualified auditor or, subject to paragraph
17.2 of this rule, two or more persons who are not
qualified auditors to audit its accounts and balance
sheet for that year. For the purpose of this rule
"qualified auditor" means a person who is a
qualified auditor under Section 36 of the Friendly
Societies Act 1974. |
17.2 |
Subject to paragraph 17.5 of this rule and to any
direction given by the Registrar, the Association
may appoint as auditors two or more persons who are
not qualified auditors to audit its accounts for any
year of account if: |
17.2.1 |
the receipts and payments of the Association in
respect of the previous year of account did not in
the aggregate exceed £5,000; |
17.2.2 |
the number of its members at the end of that year
did not exceed 500 and |
17.2.3 |
the value of its assets at the end of that year did
not in the aggregate exceed £5,000.
(Or, in each case, such other sum or number as may
be prescribed by regulations then in force.) |
17.3 |
Save as provided in paragraph 17.4 of this rule
every appointment of an auditor shall be made by the
resolution of a general meeting of the Association. |
17.4 |
The Council may appoint an auditor to fill any
casual vacancy occurring between general meetings of
the Association. Any auditor appointed by the
Council who is not a qualified auditor shall hold
the appointment until the conclusions of the next
Annual General Meeting. |
17.5 |
A
qualified auditor appointed to audit the accounts
and balance sheet of the Association for the
preceding year of account (whether by a general
meeting or by the Council) shall be re-appointed as
auditor of the Association for the current year of
account (whether or not any resolution expressly
re-appointing him has been passed) unless |
17.5.1 |
a
resolution has been passed at a general meeting of
the Association appointing somebody instead of him
or providing expressly that he shall not be
re-appointed or |
17.5.2 |
he has given to the Association notice in writing of
his unwillingness to be re-appointed or |
17.5.3 |
he is ineligible for appointment as auditor of the
Association for the current year of account or |
17.5.4 |
he has ceased to act as auditor of the Association
by reason of incapacity.
Provided that a retiring auditor shall not be
automatically re-appointed by virtue of this rule if
notice of an intended resolution to appoint another
person in his place has been given in accordance
with paragraph 17.6 of this rule and the resolution
cannot be proceeded with because of the death,
incapacity or ineligibility of that other person. |
17.6 |
A
resolution at a general meeting of the Association
(17.5.1) appointing another person as auditor in
place of a retiring qualified auditor or (17.5.2)
providing expressly that a retiring auditor shall
not be re-appointed shall not be effective unless
notice of the intention to move it has been given to
the Association not less than twenty eight days
before the meeting at which it is moved. On receipt
by the Association of notice of the intention to
move any such resolution the Association shall give
notice of the resolution to the members in
accordance with Section 34 of the Friendly Societies
Act 1974. The Association shall also give such
notice to the retiring auditor in accordance with
Section 35 of the Friendly Societies Act 1974 and
shall give notice to the members in accordance with
that Section of any representations made or intended
to be made by the retiring auditor. |
17.7 |
None of the following persons shall be appointed as
auditor of the Association. |
17.7.1 |
an officer or servant of the Association. |
17.7.2 |
a
person who is a partner of or in the employment of
or who employs an officer or servant of the
Association, or |
17.7.3 |
a
body corporate. |
17.8 |
The auditor shall in accordance with Section 38 of
the Friendly Societies Act 1974 make a report to the
Association on the accounts examined by him and on
the revenue account or accounts and the balance
sheet of the Association for the year of account in
respect of which he is appointed. |
ANNUAL RETURN
18.1 |
Every year the Treasurer of the Association shall,
within the time allowed by legislation, submit to
the Chief Registrar an annual return relating to its
affairs for the period required to be included in
the return. The return must be made in the form
prescribed by the Chief Registrar and contain such
particulars as may from time to time be require by
the form. A copy of the report of the auditor on the
accounts and balance sheet contained in the return
must be sent with the annual return. |
18.2 |
The General Secretary shall supply gratuitously to
every member or person interested in the funds of
the Association on his application either a copy of
the last annual return or a balance sheet or other
document duly audited containing the same
particulars relating to the affairs of the
Association as are contained in the annual return
together with a copy of the report of the auditor on
the annual return or his report on the balance sheet
or other document supplied in lieu of the annual
return. |
DISPUTES
19.1 |
If any dispute shall arise between a member (or
person claiming through a member or under the rules,
or any person aggrieve who has ceased to be a
member, or any person claiming through such person
aggrieved) and the Association, or any officer of
the Association, it shall be decided by reference to
arbitration. |
19.2 |
Five arbitrators shall be elected at a general
meeting, none of them being directly or indirectly
interested in the Funds of the Association, and any
vacancy or vacancies shall be filled at a general
meeting. The complaining party to a dispute or
someone appointed by him, shall draw three names out
of the five by lot in the usual way and the three
arbitrators whose names are first drawn shall decide
the dispute. |
19.3 |
In this rule the expression dispute includes any
dispute arising on the question whether a member or
person aggrieved is entitled to be or continue to be
a member or to be reinstated as a member but, save
as aforesaid, in the case of person who has ceased
to be a member, does not include any dispute other
than a dispute on the question between him and the
Association or an officer thereof, which arose
whilst he was a member or arises out of his previous
relation as a member of the Association. |
APPLICATIONS TO THE REGISTRAR
20 |
One fifth of the total number of members, or if the
number of members is 1,000 or more, then such a
number of members as is prescribed by the Act, by an
application in writing to the Chief Registrar,
signed by them in the Forms respectively provided by
the Treasury Regulations in that behalf, may apply - |
20.1 |
For the appointment of one or more inspectors to
examine into and report on the affairs of the
Association. |
20.2 |
For the calling of a special meeting of the
Association. |
20.3 |
For the investigation into the affairs of the
Association with a view to the dissolution thereof
where the funds are insufficient to meet the
existing claims thereon, or the rates of
subscription fixed in the rules are insufficient to
cover the benefits assured. |
VOLUNTARY DISSOLUTION
21 |
The Association may at any time be dissolved by the
consent of three-fourths of the members, testified
by their signatures to an instrument of dissolution
in the form prescribed by the Treasury Regulations.
If upon the winding up or dissolution of the
Association there remains, after the satisfaction of
all its debts and liabilities, any property
whatsoever, the same shall not be paid to or
distributed among members of the Association, but
shall be given or transferred to some other
institution or institutions having objects similar
to the objects of the Association, and which shall
prohibit the distribution of its or their income and
property among its or their members, such other
institution or institutions to be determined by the
members of the Association at or before the time of
dissolution, and if and so far as effect cannot be
given to such provision, then to some charitable
object. |
NOTICES
22 |
All summonses and notices shall be deemed to have
been duly served if addressed to the member or
person for whom they are intended, at his last known
address, and delivered at or sent by post to that
address. |
COPIES OF THE RULES
23 |
The Secretary shall deliver to every person on
demand a copy of the rules on payment of a
reasonable fee (plus packaging and postage). |
AMENDMENT OF RULES
24.1 |
No new rules shall be made, nor shall any of the
rules herein contained or hereafter to be made, be
amended or rescinded unless with the consent of a
majority of those members present in person, or by
proxy if a poll be demanded subject to rule 9.14, at
a general meeting of which notice has been given
specifying the intention to propose such new rule or
amendment. For the purpose of this rule, a quorum
for the meeting shall be forty voting members of the
Association as written in Rule 9.9. |
24.2 |
No new rule or amendment of rule is valid until
registered. |
INTERPRETATION
25 |
In these rules, unless the contrary intention
appears |
25.1 |
Words denoting the masculine gender shall be deemed
to include the feminine. |
25.2 |
Words in the singular shall include the plural and
words in the plural shall include the singular. |
25.3 |
"The Act" means the Friendly Societies Act 1974 and
any Act amending or substituted for it and for the
time being in force. |
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