Prec - Charities Constitution for a Charitable Unincorporated by yaofenji

VIEWS: 3 PAGES: 40

									         UGSU Constitution




        CONSTITUTION
OF THE UNIVERSITY OF GLAMORGAN
        STUDENT UNION




            Page 1 of 40
                                       UGSU Constitution




CONSTITUTION OF THE UNIVERSITY OF GLAMORGAN STUDENT UNION


INDEX


1.    Name
2.    Interpretation
3.    Objects
4.    Powers
5.    Membership
6.    Services to Non Members
7.    General Meetings
8.    The Board of Trustees
9.    Board Meetings
10.   Powers of the Board
11.   Property and Funds
12.   Records and Accounts
13.   Notices
14.   Sabbatical Officer Rules
15.   Non Sabbatical Officer Rules
16.   The Union Council
17.   Amendments
18.   Incorporation
19.   Dissolution
Schedule 1 -           Sabbatical Officer Rules
Schedule 2 -           Non Sabbatical Officer Rules
Schedule 3 -           The Union Council
Schedule 4 -           Health and Safety




                                           Page 2 of 40
                                   UGSU Constitution




Appendices
             1.    Details of the different classes of Membership (5.2)
             2.    Non-Sabbatical Officers (10.2 & Schedule 2 paragraph 2)
             3.    General Meetings & Union Council Procedure (10.3)
             4.    Sub-Committees (10.4)
             5.    The Union (10.5 & Schedule 3 paragraph 4)
             6.    Disputes, Discipline and Complaints (10.6)
             7.    Supplementary Election Rules (10.8)
             8.    Code of Practice relating to the requirements of s22 of the
                   Education Act 1994
             9.    Procedure for Allocating Resources to Clubs and Societies (Clause
                   11.8)
             10.   Miscellaneous Standing Orders and Rules (Clause 12.6)
             11.   Sabbatical Officers (Schedule 1 paragraphs 4.2 & 5.3)
             12.   Resolutions of the Board required to be published




                                      Page 3 of 40
                                                UGSU Constitution




FOREWARD

The University of Glamorgan Union Constitution details the way in which its activities are organised, governed
and run.

The Union is required through the 1994 Education Act to have a written Constitution that has been approved by
the University Board of Governors, and a review undertaken at intervals of not more than five years.

The Act also details a number of requirements, which must be contained within its Constitution and include;

   Rights for students not to be members of the Union

   Regulations for the election of major Union positions of office

   That provision for the proper conduct of its financial affairs are provided for

   That provision for allocation of funds to Sport and Cultural activities are provided for and

   The provision of a Complaints Procedure

This review of the Constitution has received the approval, as required, of the Board of Governors, the results of
which are set out in the following pages.

It should be noted that it is possible to make amendments to this document, subject to the use of the
procedures specified within, at any time.




Ray Joyce

President 08/09




                                                    Page 4 of 40
                                    UGSU Constitution




1.    INTERPRETATION
      In this Constitution:


1.1   ‘AGM’ means an annual general meeting of the Members of the Union
      ‘Appeals Board’ shall mean those persons who are collectively required to
      consider and decide a challenge to the result of the Election in accordance with
      Schedule 1
      ‘Appendix’ shall mean an appendix to this Constitution containing Rules and
      Standing Orders made by the Board pursuant to this Constitution from time to
      time
      ‘the Union’ means the charity comprised in this Constitution
      ‘the beneficiaries’ means students at the University and “beneficiary” shall be
      construed accordingly
      ‘the Board’ is the board of trustees of the Union
      ‘Candidate’ means a Member who has received a nomination from another
      Member for a Sabbatical Officer post and such nomination was seconded by 10
      other Members and the Member has confirmed to the Board his/her intention to
      stand in the Elections
      ‘charity trustees’ has the meaning prescribed by section 97 (1) of the Charities
      Act 1993
      ‘Charitable Incorporated Organisation’ shall have the same meaning as
      attributed to the phrase in Part 8A of the Charities Act 1993 (as amended)
      ‘clear day’ means 24 hours from midnight following the triggering event
      ‘the Commission’ means the Charity Commission for England and Wales
      ‘elected Board member’ means a member of the Board elected at an AGM
      ‘Election Date’ shall mean the day to be determined by the Board upon which
      elections are held




                                       Page 5 of 40
                               UGSU Constitution




‘Elections’ or ‘Election’ shall mean the election of the Sabbatical Officers in
accordance with this Constitution
‘Elections Officer’ shall mean a competent person appointed by the Board to
organise and provide the Elections
‘financial expert’ means an individual, company or firm who is an authorised
person or an exempted person within the meaning of the Financial Services Act
1986
‘fundamental change’ means such a change as would not have been within the
reasonable contemplation of a person making a donation to the Union
‘General Meeting’ shall mean a meeting of the Union’s Membership pursuant to
clause 7 of this Constitution and any such reference shall include a reference to
AGM
‘holding trustee’ means an individual or corporate body responsible for holding
the title to property but not authorised to make any decisions relating to its use,
investment or disposal
‘independent examiner’ has the meaning prescribed by section 43(3)(a) of the
Charities Act 1993
‘material benefit’ means a benefit which may not be financial but has a
monetary value
‘Member’ shall mean a member of the Union and ‘Members’ and ‘Membership’
shall be construed accordingly
‘months’ means calendar months
‘Nominations Period’ shall mean the period as described in paragraph 1.5.2 of
Schedule 1 in which the Members may nominate a fellow Member for a
Sabbatical Officer post
‘Non Sabbatical Officers’ shall mean those non paid officers who are either
appointed or elected to sit either on the Board of Trustees or on the Council in
accordance with Schedule 2 and any rules or standing orders made by the Board
pursuant to Schedule 2




                                  Page 6 of 40
                              UGSU Constitution




‘Notice of the Elections’ shall mean such notice to be published and displayed
in and around the various campuses of the University containing such
information advertising the Elections as the Board shall determine
‘the Objects’ means the charitable objects of the Union (defined below) set out
in clause 3
‘the President’ means the president of the Union elected to represent students
on the University’s Board of Governors in accordance with this Constitution
‘Returning Officer’ shall mean a competent independent person appointed by
the Board to ensure the transparency and fairness of the Election process and to
oversee the count
‘Sabbatical Officers’ shall mean the three full time paid elected student officers
namely the President, Vice President Student Support and Vice President
Student Activities.
‘taxable trading’ means carrying on a trade or business on a continuing basis
for the principle purpose of raising funds and not for the purpose of actually
carrying out the Objects
‘trust corporation’ has the meaning prescribed by section 205(1) (xxviii) of the
Law of Property Act 1925 but does not include the Public Trustee
‘written’ or ‘in writing’ refers to a legible document on paper including a fax
message
‘the Union Council’ means the advising body appointed in accordance with
Schedule 3 of this Constitution
‘the University’ means the University of Glamorgan
‘Vote of No Confidence’ means a membership vote to remove a Sabbatical
Officer in accordance with this Constitution
‘the Vice President’ means one or both of the two (2) vice presidents of the
Union elected in accordance with this Constitution
‘year’ means calendar year




                                  Page 7 of 40
                                      UGSU Constitution




1.2   References to an Act of Parliament are references to the Act as amended or re-
      enacted from time to time and to any subordinate legislation made under it


2.    NAME
      The name of the union is the University of Glamorgan Students’ Union (“the
      Union”)


3.    OBJECTS
      The objects of the Union are:
3.1   the advancement of education of students at the University for the public benefit
      by:
      3.1.1 providing opportunities for the expression of student opinion and actively
             representing the interest of students;
      3.1.2 acting as a channel of communication in dealing with the University and
             other external bodies;
      3.1.3 facilitating the social, recreational and education interests of its
             Membership, through providing services and support for its Members; and
      3.1.4 working with other students’ unions and affiliated bodies.


3.2   the advancement of student welfare and the relief of the needs of students at the
      University through:
      3.2.1 the provision of recreational and leisure time activities provided in the
             interests of social welfare designed to improve conditions of student life;
      3.2.2 the provision of support and activities which develop skills, capacities and
             capabilities to participate in society as mature responsible individuals; and
      3.2.3 the provision of services to promote the well being of the University’s
             students generally and as individuals in need.




                                         Page 8 of 40
                                     UGSU Constitution




4.     POWERS
       The Union has the following powers, which may be exercised (alone or in co-
       operation with others) only in promoting the Objects:


4.1    To promote or carry out research


4.2    To provide guidance, advice, or advocacy


4.3    To publish or distribute information


4.4    To promote, support, amalgamate, cooperate with, become a member of, affiliate
       or associate of any other body


4.5    To work with other student unions and affiliated bodies


4.6    To support, administer or set up other charities


4.7    To raise funds and to trade (but not by means of taxable trading)


4.8    To borrow money and give security for loans (but only in accordance with the
       restrictions imposed by the Charities Act 1993)


4.9    To acquire, hire or receive property of any kind whether or not on trust


4.10   To let or dispose of property of any kind (but only in accordance with the
       restrictions imposed by the Charities Act 1993)




                                         Page 9 of 40
                                       UGSU Constitution




4.11   To incorporate and transfer all its assets and liabilities to a charitable limited
       liability legal entity (including but not limited to a company limited by guarantee or
       Charitable Incorporated Organisation)


4.12   To set aside funds for special purposes or as reserves against future expenditure


4.13   To deposit or invest funds in any lawful manner (but to invest only after obtaining
       advice from a financial expert and having regard to the suitability of investments
       and the need for diversification)


4.14   To delegate the management of investments to a financial expert, but only on
       terms that:


       4.14.1 the investment policy is recorded in writing for the financial expert by the
              Board
       4.14.2 every transaction is reported promptly to the Board
       4.14.3 the performance of the investments is reviewed regularly with the Board
       4.14.4 the Board are entitled to cancel the delegation arrangement at any time
       4.14.5 the investment policy and the delegation arrangement are reviewed at
              least once a year
       4.14.6 all payments due to the financial expert are on a scale or at a level which
              is agreed in advance and are reported promptly to the Board
       4.14.7 the financial expert must not do anything outside the powers of the Board


4.15   To insure the Union’s property against any foreseeable risk and take out other
       insurance policies to protect the Union when required




                                           Page 10 of 40
                                      UGSU Constitution




4.16   To insure members of the Board against the costs of a successful defence to a
       criminal prosecution brought against them as charity trustees or against personal
       liability incurred in respect of any act or omission which is or is alleged to be a
       breach of trust or breach of duty (unless the Trustee concerned knew that, or
       was reckless whether, the act or omission was a breach of trust or breach of
       duty)


4.17   Subject to clause 11.2, to employ paid or unpaid agents, staff or advisers
       including but not limited to the employment of students of the University as
       Sabbatical Officers of the Union who have been duly elected as such in
       accordance with this Constitution


4.18   To enter into contracts to provide services to or on behalf of other bodies


4.19   To provide services and facilities (including licensed facilities) to students of the
       University whether or not they shall be Members


4.20   To establish, support, promote and operate a network of student activities for
       Members;


4.21   Subject to compliance with the Education Act 1994 and guidance issued by the
       Charity Commission to engage in campaigning and political activities provided
       that the proposed activities will further the purposes of the Union to an extent
       justified by the resources committed and so that the activities are not the
       dominant means by which the Union shall carry out its objects


4.22   To promote, initiate, develop and carry out education and training and arrange
       provide or assist with exhibitions, lectures, meetings, seminars, displays or
       classes




                                         Page 11 of 40
                                      UGSU Constitution




4.23   To do anything else within the law which promotes or helps to promote the
       Objects


5.     MEMBERSHIP
5.1    Membership of the Union is open to any registered full or part time student at the
       University who has not opted out of Membership and such other class of persons
       as the Board shall determine


5.2    The Board may from time to time establish different classes of Membership, set
       appropriate rates of subscription and determine the rights attached to any such
       class of Membership and, at their discretion alter the same. Details of such shall
       be published in Appendix 1 which shall be updated from time to time as
       necessary


5.3    The Board must keep a register of Members


5.4    A Member may resign by written notice to the Union


5.5    The Board may terminate the Membership of any individual or organisation
       whose continued Membership would in the reasonable view of the Board be
       harmful to the Union (but only after notifying the Member concerned in writing
       and considering the matter in the light of any written representations which the
       Member puts forward within 14 clear days after receiving notice)


5.6    Membership of the Union is not transferable




                                         Page 12 of 40
                                     UGSU Constitution




6.    SERVICES TO NON MEMBERS
6.1   Students who have exercised their right not to be members of the Union at the
      University, as stated in Part II of the Education Act 1994, must not be unfairly
      discriminated against. Non-members have the right of access to and use of such
      facilities and services operated by the Union, provided that they can produce
      sufficient student ID e.g. a library card or the University student ID badge and
      enrolment form


6.2   Non-members of the Union cannot be the officials for any of the Union’s clubs
      and societies or Athletic Union. Non-members are not allowed to participate in
      the democratic process of the Union which includes voting in Elections, General
      Meetings (or any other Union meeting) and are not permitted to attend the
      General Meeting or any other meeting. Non-members are not permitted to stand
      for or vote in an election for any executive position, including but not limited to a
      Sabbatical Officer position, within the Union


6.3   In providing for the use of services and facilities to the non-members the Union
      shall be cognisant of its constructive role within the student life at the University


7.    GENERAL MEETINGS
7.1   The Board shall determine the class of Members eligible to attend a General
      Meeting of the Union and in default all Members that are registered full or part-
      time students at the University are entitled to attend General Meetings of the
      Union in person or to vote by proxy


7.2   General Meetings are called by 21 clear days’ published notice to the Members
      specifying the business to be transacted and any resolutions that are to be voted
      upon.




                                         Page 13 of 40
                                      UGSU Constitution




7.3   There is a quorum at a General Meeting if the number of Members voting by
      proxy and personally present is at least 100 (and for the avoidance of any doubt
      a General Meeting must remain quorate throughout for it to continue)


7.4   The President or if not some other Member elected by those present will be a
      chairperson at a General Meeting


7.5   Except where otherwise provided in this Constitution, every issue at a General
      Meeting is determined by a simple majority of the votes cast by the Members
      present in person or by proxy


7.6   An AGM must be held in every year


7.7   At an AGM the Members:
      7.7.1 receive the accounts of the Union for the previous financial year
      7.7.2 receive the report of the Board on the Union’s activities since the
            previous AGM
      7.7.3 appoint an auditor or independent examiner for the Union where required
      7.7.4 discuss and determine any issues of policy or deal with any other
            business put before them PROVIDED THAT the business was either
            contained in the notice of the General Meeting or is a matter which the
            person chairing the General Meeting decides is a matter which should
            rightly be decided by the meeting despite the lack of prior notice to the
            Membership
      7.7.5 receive a summary of the estimated income and expenditure for the
            forthcoming year




                                         Page 14 of 40
                                       UGSU Constitution




7.8    A General Meeting other than the AGM may be called at any time by the Board
       and must be called within 21 days or as soon as reasonably practical after a
       written request to the Board from at least 100 Members


7.9    The person chairing the General Meeting shall in his absolute discretion decide
       whether a change to the wording of a resolution from that set out in the notice of
       the General Meeting should be put to the Members


7.10   The approval of the minutes of the previous General Meeting shall be a standard
       item on the agenda for all General Meetings


7.11   All General Meetings will be held in accordance with the standing orders made
       pursuant to clause 10.3 of this Constitution


8.     THE BOARD OF TRUSTEES
8.1    The Board as charity trustees have overall control of the Union and its property
       and funds


8.2    The Board when complete consists of at least eight (8) and not more than eleven
       (11) individuals, as follows:
       8.2.1 the President and two (2) Vice Presidents (“the Sabbatical Officers”) who
              are elected by the Members in accordance with this Constitution from
              amongst their number to serve for a period of one year but may be re-
              elected for one further year thereafter
       8.2.2 the paid General Manager of the Union (if one is appointed by the Board)
       8.2.3 Up to four (4) Non Sabbatical Officers appointed by the Board in
              accordance with Part 2 of Schedule 2
       8.2.4 Up to three (3) individuals with specialist knowledge appointed by the
              Board from outside of the Members to serve for a period of no more than




                                          Page 15 of 40
                                      UGSU Constitution




              three (3) years subject to reappointment thereafter PROVIDED THAT no
              person so appointed shall serve for more than six (6) years.


8.3   Every Board member must sign a declaration of willingness to act as a charity
      trustee of the Union before he or she is eligible to vote at any meeting of the
      Board


8.4   A Board member automatically ceases to be a member of the Board of Trustees
      if he or she:
      8.4.1 is disqualified under the Charities Act 1993 from acting as a charity trustee
      8.4.2 is incapable, whether mentally or physically, of managing his or her own
              affairs
      8.4.3 is absent without the agreement of the Board from two (2) consecutive
              meetings of the Board
      8.4.4 if required to be such, ceases to be a Member of the Union (but such a
              person may be reinstated by resolution of all the other members of the
              Board on resuming Membership of the Union)
      8.4.5 resigns by written notice to the Board (but only if at least three Board
              members will remain in office)
      8.4.6 is removed by a resolution passed by all the other members of the Board
              after inviting the views of the Board member concerned and considering
              the matter in the light of any such views
      8.4.7 in the case of a Sabbatical Officer receives a Vote of No Confidence by
              the Membership


 8.5 A retiring Board member is entitled to an indemnity from the continuing Board
      members at the expense of the Union in respect of any liabilities properly
      incurred while he or she held office




                                         Page 16 of 40
                                    UGSU Constitution




 8.6 A technical defect in the appointment of a Board member of which the Board are
      unaware at the time does not invalidate decisions taken at a meeting


9.    BOARD MEETINGS
9.1   The Board must hold at least three (3) meetings each year


9.2   A quorum at a Board meeting is four (4) Board members of whom two must be
      Sabbatical Officers except where the Board is considering a No Confidence
      Ballot (as defined in Schedule 1) in which case there need only be one
      Sabbatical Officer present for there to be a quorum


9.3   A Board meeting may be held either in person or through electronic means
      agreed by the Board in which each participant may communicate with all other
      participants


9.4   The President or if not some other member of the Board chosen by the members
      of the Board present will be the chairperson at each Board meeting


9.5   Every issue may be determined by a simple majority of the votes cast at a Board
      meeting but a resolution which is in writing and signed by all members of the
      Board is as valid as a resolution passed at a meeting and for this purpose the
      resolution may be contained in more than one document and will be treated as
      passed on the date of the last signature


9.6   Except for the chair of the meeting, who has a second or casting vote in the
      event of an equality of votes, every Board member has one vote on each issue




                                       Page 17 of 40
                                     UGSU Constitution




10.    POWERS OF BOARD OF TRUSTEES
       The Board shall have the following powers:


10.1   to delegate any of their functions to sub-committees consisting of two or more
       persons appointed by them (but at least one member of every sub-committee
       must be a Board member and all proceedings of sub-committees must be
       reported promptly to the Board)


10.2   Subject to Schedule 2 to make rules regarding the election and removal of Non-
       Sabbatical Officers (to be published in Appendix 2)


10.3   to make standing orders consistent with this Constitution to govern proceedings
       at General Meetings and of the Union Council including but not exclusively
       relating to the adjournment of inquorate meetings and the reduction of quorums
       on the reconvening of such meetings, the use of a poll, proxy voting or postal
       voting or voting by electronic means (to be published in Appendix 3)


10.4   to make Rules consistent with this Constitution about the Board and sub-
       committees and the Board shall make rules concerning the working
       arrangements of any sub-committee to which it has delegated functions and the
       rules shall be made prior to the first meeting of any such sub-committee (to be
       published in Appendix 4)


10.5   to make Regulations consistent with this Constitution about the running of the
       Union (including but not limited to the operation of bank accounts and the
       commitment of funds) (to be published in Appendix 5)




                                         Page 18 of 40
                                     UGSU Constitution




10.6   to resolve or establish procedures to assist the resolution of disputes within the
       Union and to review any such discipline and complaints procedure from time to
       time (to be published in Appendix 6)


10.7   to exercise any powers of the Union which are not reserved to a General Meeting


10.8   Subject to the provisions of Schedule 1 to approve or establish rules for the
       running of the Elections (to be published in Appendix 7)


10.9   to establish appropriate Health and Safety procedures in accordance with
       Schedule 4


10.10 to consult the Membership by way of a referendum


10.11 prepare and issue and when necessary revise a code of practice as to the
       manner in which the requirements set out in section 22 of the Education Act 1994
       are to be carried into effect by the Union (to be published in Appendix 8)


PROPERTY & FUNDS
11.
11.1   The property and funds of the Union must be used only for promoting the Objects
       and do not belong to the Members of the Union or the Board


11.2   Save as provided for in clause 11.7 in relation to the payment of the General
       Manager and the Sabbatical Officers, no Board member may receive any
       payment of money or other material benefit (whether direct or indirect) from the
       Union except
       11.2.1 under clauses 4.15 (indemnity insurance) and 11.2.6 (fees)




                                        Page 19 of 40
                                      UGSU Constitution




       11.2.2 reimbursement of reasonable out-of-pocket expenses (including hotel and
              travel costs) actually incurred in the administration of the Union
       11.2.3 interest at a reasonable rate on money lent to the Union
       11.2.4 a reasonable rent or hiring fee for property let or hired to the Union
       11.2.5 an indemnity in respect of any liabilities properly incurred in running the
              Union (including the costs of a successful defence to criminal
              proceedings)
       11.2.6 any Board member who possesses specialist skills or knowledge, and any
              firm or company of which such a person is a member or employee, may
              charge and be paid reasonable fees for work carried out for the Union on
              the instructions of the other Board members but only if:
              (i)    such charge or fee is approved by the Board in advance of the work
                     being undertaken; and
              (ii)   the procedure prescribed by clause 11.3 is followed in selecting the
                     member, firm or company concerned and setting the fees
              Provided That this provision when taken together with payments made
              under clause 11.7 shall not apply to more than one half of the Board
              members in any financial year
       11.2.7 in the case of an individual Member, charitable benefits in his or her
              capacity as a beneficiary
       11.2.8 in exceptional cases, other payments or material benefits (but only with
              the prior written approval of the Charity Commission)


11.3   Whenever a Board member has a personal interest in a matter to be discussed
       at a Board meeting, the member must
       11.3.1 declare an interest before discussion begins on the matter
       11.3.2 withdraw from that part of the meeting unless expressly invited to remain
              in order to provide information
       11.3.3 not be counted in the quorum for that part of the meeting




                                          Page 20 of 40
                                      UGSU Constitution




       11.3.4 withdraw during the vote and have no vote on the matter


11.4   Any trust corporation which is appointed as a holding trustee or any nominee for
       the Union may be paid reasonable fees


11.5   Funds which are not required for immediate use or which will be required for use
       at a future date must be placed on deposit or invested in accordance with clause
       4.13 until needed


11.6   Investments and other property of the Union may be held:
       11.6.1 in the names of the Board members for the time being (or in the name of
              the Board if incorporated under the Charities Act 1993)
       11.6.2 in the name of a nominee (being a corporate body registered or having an
              established place of business in England and Wales) under the control of
              the Board or of a financial expert acting on their instructions
       11.6.3 in the name of at least two and up to four holding trustees for the Union
              who must be appointed (and may be removed) by a resolution of the
              Board
       11.6.4 in the name of a trust corporation as a holding trustee for the Union, which
              must be appointed (and may be removed) by deed executed by the Board
       11.6.5 in the case of land, by the Official Custodian for Charities under an order
              of the Commission or the Court


11.7   Notwithstanding the provisions of clauses 11.1 and 11.2 above, but subject to the
       application of clause 11.3, the General Manager and the elected Sabbatical
       Officers shall be paid and be entitled to retain in the case of the General
       Manager his salary for acting as such and in the case of the Sabbatical Officers
       such payment as is in accordance with paragraph 4.6 and 4.7 of Schedule 1




                                         Page 21 of 40
                                      UGSU Constitution




11.8   The Board shall determine a fair written procedure for allocating resources to
       groups or clubs and that procedure will form Appendix 9 hereto and shall be
       freely accessible by all students.




12.    RECORDS & ACCOUNTS
12.1   The Board must comply with the requirements of the Charities Act 1993 as to the
       keeping of financial records, the audit or independent examination of accounts
       and the preparation and transmission to the Commission of:
       12.1.1 annual reports
       12.1.2 annual returns
       12.1.3 annual statements of account


12.2   The Board must keep proper records of:
       12.2.1 all proceedings at General Meetings
       12.2.2 all proceedings at Board meetings
       12.2.3 all proceedings at Union Council
       12.2.4 all reports of sub-committees
       12.2.5 all professional advice obtained


12.3   Annual reports and statements of account relating to the Union must be made
       available for inspection by any Member of the Union


12.4   A copy of the latest available statement of account must be supplied to any
       person who makes a written request and pays the Union’s reasonable costs (as
       required by the Charities Act 1993) and shall be supplied to the Board of
       Governors




                                            Page 22 of 40
                                      UGSU Constitution




12.5   The Union shall hold no more than one (1) deposit account unless specific
       approval is given by the Board for further such accounts


12.6   The Board must publish any resolution which makes or amends Rules or
       Standing Orders pursuant to this Constitution and must append to this
       Constitution the said Rules or Standing Orders in one of the appendices hereto.


13.    NOTICES
13.1   Notices under this Constitution may be sent by hand, or by post or by suitable
       electronic means or (where applicable to Members generally) may be published
       in any suitable journal or newspaper published at the University or in any
       newsletter distributed by the Union


13.2   The address at which a Member is entitled to receive notices is the address
       noted in the register of Members (or, if none, the Member’s last known address)


13.3   Any notice given in accordance with this Constitution is to be treated for all
       purposes as having been received:
       13.3.1 24 hours after being sent by electronic means or delivered by hand to the
              relevant address
       13.3.2 two clear days after being sent by first class post to that address
       13.3.3 three clear days after being sent by second class post or overseas post to
              that address
       13.3.4 on the date of publication of a journal or newspaper containing the notice
       13.3.5 on being handed to the Member personally or, if earlier,
       13.3.6 as soon as the Member acknowledges actual receipt




                                         Page 23 of 40
                                      UGSU Constitution




13.4   A technical defect in the giving of notice of which the Members or the Board
       members are unaware at the time does not invalidate decisions taken at a
       meeting


14.    SABBATICAL OFFICER RULES
14.1   Schedule 1 of this constitution shall take effect.


15.    NON SABBATICAL OFFICER RULES
15.1   Schedule 2 of this Constitution shall have effect.


16.    THE UNION COUNCIL
16.1   Schedule 3 of this Constitution shall have effect.


17.    AMENDMENTS
       Subject to the agreement of the Board of Governors of the University this
       Constitution may be amended at a General Meeting by a two-thirds majority of
       the votes cast, but


17.1   The Members must be given 21 clear days’ notice of the proposed amendments


17.2   No amendment is valid if it would make a fundamental change to the Objects or
       to this clause or destroy the charitable status of the Union


17.3   This Constitution may also be amended by the Board of Governors of the
       University upon the recommendation of the Board PROVIDED THAT such
       amendment shall only be made where the Board and the Board of Governors of
       the University agree that a General Meeting would be impractical




                                         Page 24 of 40
                                      UGSU Constitution




17.4   Clauses 3, 11.2 and 11.3 may not be amended without the prior written consent
       of the Commission


18.    INCORPORATION
18.1   The Board may apply to the Commission under the Charities Act 1993 for a
       certificate of incorporation relating to the Board but only after consulting the
       Members at a General Meeting or in the absence of a quorum at a General
       Meeting the Council


18.2   The Members at a General Meeting may authorise the Board to transfer the
       assets and liabilities of the Union to a limited company established for exclusively
       charitable purposes within, the same as or similar to, the Objects and of which
       the Members of the Union will be entitled to be Members or to a Charitable
       Incorporated Organisation


18.3   On a transfer under clause 18.2 the Board must ensure that all necessary steps
       are taken as to:
       18.3.1 the transfer of land and other property
       18.3.2 the novation of contracts of employment and transfer of pension rights and
       18.3.3 the trusteeship of any property held for special purposes




                                         Page 25 of 40
                                      UGSU Constitution




19.    DISSOLUTION
19.1   If at any time the Members at a General Meeting decide to dissolve the Union,
       the members of the Board will remain in office as charity trustees and will be
       responsible for the orderly winding up of the Union’s affairs


19.2   After making provision for all outstanding liabilities of the Union, the Board must
       apply the remaining property and funds in one or more of the following ways:
       19.2.1 by transfer to one or more other bodies established for exclusively
               charitable purposes within, the same as or similar to the Objects
       19.2.2 directly for the Objects or charitable purposes, within or similar to, the
               Objects
       19.2.3 in such other manner consistent with charitable status as the Commission
               approve in writing in advance


19.3   A final report and statement of account relating to the Union must be sent to the
       Commission




                                         Page 26 of 40
                                   UGSU Constitution




20 REVOCATION

1.   All previous Constitutions of the University of Glamorgan Union, Polytechnic of
     Wales Students Union, The Glamorgan College of Education Students Union and
     the Glamorgan Polytechnic Students Union are hereby revoked.




                                      Page 27 of 40
                                    UGSU Constitution




                                     SCHEDULE 1


1.    THE ELECTION OF SABBATICAL OFFICERS


1.1   The Board shall appoint a Returning Officer who may be a Member.


1.2   The Board shall appoint an Elections Officer who shall be responsible for the
      organisation of all Elections in conjunction with the Returning Officer and the
      Board shall determine the respective roles and duties of such Returning Officer
      and Elections Officer.


1.3   The Board shall prior to the publication of the Notice of the Elections appoint from
      one of its number a person to sit on the Appeal Board who shall not be involved
      in the Elections unless a meeting of the Appeals Board is called in accordance
      with this Schedule. The appointment made in accordance this paragraph is
      without prejudice to that person’s right to vote as a Member.


1.4   The Elections shall take place during the spring term and shall be conducted in
      accordance with this Schedule and any supplemental Rules made by the Board
      in accordance with clause 10 of this Constitution.


1.5   Procedure:
      1.5.1 Notice of the Elections shall be given no less than 4 weeks prior to the
             Election Date.


      1.5.2 The Nominations Period shall open on the day when Notice of the
             Elections is first given and shall remain open for a minimum period of 14
             days.




                                       Page 28 of 40
                                   UGSU Constitution




      1.5.3 Following the end of the Nominations Period the names of all those
            Members who received a nomination by another member which was
            seconded by 10 other Members shall be published and displayed at all
            University campuses and those persons shall be Candidates PROVIDED
            THAT any such Member has confirmed to the Board his/her intention to
            stand in the Election (and for the avoidance of doubt where the nominated
            Member fails to confirm to the Board his/her intention to stand by the date
            published in the Elections Notice he/she will not be a Candidate).


      1.5.4 The Returning Officer shall ensure all Candidates shall be afforded an
            equal opportunity to present their views and policies to Members.


      1.5.5 The Elections Officer will ensure that all Members have the opportunity to
            vote for their choice of Sabbatical Officers from the Candidates in a secret
            ballot on a day(s) as advertised to the student Members (and if agreed by
            the Board the Elections Officer may afford Members the opportunity to
            vote by electronic means).


      1.5.6 Immediately following the close of polling there shall be a count of all of
            those votes cast to determine which Candidates have been elected to the
            Sabbatical Officer posts. The count shall be undertaken by those persons
            appointed by the Elections Officer unless the Board direct otherwise and
            the count shall be supervised, checked and verified by the Returning
            Officer.


2.     UNION ASSISTANCE TO CANDIDATES
2.1    The Candidates shall each be entitled to an equal level of assistance from
       Union resources in such form and up to a specific financial limit as determined
       from time to time by the Board or a sub-committee established by the Board and




                                      Page 29 of 40
                                     UGSU Constitution




       notified to the Elections Officer prior to the date when Notice of the Elections is
       first given.


3.     APPOINTMENTS AND APPEALS
3.1   As soon as practical after the count the Returning Officer shall declare the
      winners of the Elections and publish all the results thereafter. Subject to the
      remaining provisions of this part of Schedule 1 the winners so declared shall take
      office from 1st July in accordance with the Constitution.


3.2   Any Candidate may challenge the result of the Elections within 24 hours of the
      winners being declared.


3.3   In the event of a challenge to the result of the Election, the Returning Officer shall
      call a meeting of the Appeals Board consisting of the following persons or their
      representative:


             One Member of the Board of Trustees of the Union
             The Principal of the University or his/her representative
             The President of the National Union of Students or his/her representative


3.4   The Appeals Board shall meet within 7 days of the receipt of the challenge or as
      soon as reasonably practicable thereafter to consider the merits of the challenge
      and the Appeals Board shall issue a formal decision on the matter.


3.5   The decision of the Appeals Board shall be final.


4.    SABBATICAL OFFICERS’ TERM OF OFFICE & REMUNERATION
4.1   Sabbatical Officers shall hold office for 1 calendar year from 1st July immediately
      following the Elections Date or until resignation or removal from office.




                                        Page 30 of 40
                                    UGSU Constitution




4.2   The respective duties of the President and Vice Presidents are to be determined
      from time to time by the Board but shall include the conduct of the day to day
      general business of the Union and such duties are to be included in Appendix 11
      to this Constitution


4.3   The Sabbatical Officers shall meet regularly throughout the year to consider the
      day to day business of the Union


4.4   Subject to paragraphs 4.5 and 4.6 below the Sabbatical Officers shall hold office
      on such terms and conditions as the Board shall from time to time determine and
      must be free from academic duties.


4.5   A Sabbatical Officer may not hold a sabbatical post for more than two years.


4.6   The post of President has been graded at Scale 10/11 on the Administrative,
      Professional, Technical and Clerical Pay Scale and the President shall be paid
      accordingly.


4.7   The post of Vice President has been graded at Scale 10/11 on the
      Administration, Professional and Clerical Pay Scale and the Vice Presidents shall
      be paid accordingly.


5.    REMOVAL OF SABBATICAL OFFICERS FROM OFFICE
5.1   The President and/or Vice Presidents may be dismissed by a majority vote in a
      University wide ballot of all Members (“a No Confidence Ballot”).


5.2   A No Confidence Ballot in Sabbatical Officers may be called by either:




                                       Page 31 of 40
                                        UGSU Constitution




      5.2.1 A motion to the Board which receives the support of two-thirds of Board
             members; or
      5.2.2 By petition from 10% of Members of the Union, which is presented to the
             Board.


5.3   The conduct of a No Confidence Ballot shall be determined by the Board in
      association with the Returning Officer or their representative and shall where
      appropriate follow the procedures outlined in paragraph 1 of this Schedule.


5.4   For a Vote of No Confidence to be carried it must receive the support of two-
      thirds of those Members, either voting by proxy or present and entitled to vote
      and voting plus one (1). In the case of this being a fraction the number of votes
      needed shall be rounded up to the next whole number. Abstentions shall be
      neither votes for or against and will be recorded but not included in the
      calculation.


6.    RESIGNATION OF SABBATICAL OFFICERS
6.1   Resignations of Sabbatical Officers must be presented to the Board.


6.2   In the event of a resignation a Sabbatical Officer’s pay shall terminate on the day
      such resignation takes effect.


6.3   The period of notice for resignations for a Sabbatical Officer shall be determined
      by the Board and shall be detailed in the Sabbatical Officer’s contract of
      employment.


6.4   The next meeting of the Board following a resignation shall determine, in
      consultation with the Returning Officer or their representative, the arrangements
      for a by-election if necessary.




                                           Page 32 of 40
                                  UGSU Constitution




                                        SCHEDULE 2


                                  Non Sabbatical Officers
                                              Part 1
1.   Subject to any change agreed by the Board from time to time the following Non
     Sabbatical Officers and any such other Non Sabbatical Office positions at the
     Board shall direct will be elected from amongst the Members:


                (a)    Non Sabbatical Officer for Glyn Taff Campus;
                (b)    Non Sabbatical Officer for Merthyr Campus;
                (c)    Non Sabbatical Officer for Cardiff Campus;
                (d)    Non Sabbatical Officer for Students with Disabilities;
                (e)    Non Sabbatical Officer for Lesbian, Gay, Bisexual and
                       Transsexual Students;
                (f)    Non Sabbatical Officer for Women; and
                (g)    Non Sabbatical Officers for International Students.


2.   The Board shall determine the role, terms of reference, duties and shall make
     rules regarding their appointment and removal of each Non Sabbatical Officer.
     Notwithstanding the foregoing it will be the Non Sabbatical Officer’s role to
     support the work of the Board and the Union generally.


3.   Non Sabbatical Officers must be available to answer questions with regards to
     their areas of responsibilities at General Meetings and at meetings of the Union
     Council.




                                     Page 33 of 40
                                       UGSU Constitution




4.        A Non Sabbatical Officer will automatically cease to hold their position if he or
          she:


             (a)    Ceases to be a Member of the Union;
             (b)    Resigns by written notice to the Board;
             (c)    Is removed by a resolution passed by the Board after inviting the views
                    of the Non Sabbatical Officer in question.


     5.      Non Sabbatical Officers shall be members of the Union Council. In addition
             four (4) Non Sabbatical Officers shall be members of the Board in accordance
             with Part 2 of this Schedule




                                            Page 34 of 40
                                  UGSU Constitution




                                  SCHEDULE 2
                                       Part 2


1.   The following Non Sabbatical Officers shall be members of the Board:


                (a)     Non Sabbatical Officer for Glyn Taff Campus;
                (b)     Non Sabbatical Officer for Cardiff Campus; and
                (c)     Not more than two (2) other Non Sabbatical Officers (chosen
                        from those listed in Part 1 of this Schedule) the identity of
                        whom shall be determined by the Members in a secret ballot
                        at a General Meeting.




                                     Page 35 of 40
                                    UGSU Constitution




SCHEDULE 3


                                    Union Council


1.   The Union Council is an advisory and supervisory body with no powers of
     management of the Union. The Union Council is required to scrutinise and note
     Board decisions although the Board shall not be fettered by or required to act in
     accordance with instructions or mandates issued by the Union Council. The
     Board shall carefully consider advice from the Union Council. In addition the
     Union Council shall have the power to exercise the rights of Members in General
     Meeting in the limited circumstances set out below.


2.   The Union Council shall be subservient to the General Meetings except where
     business from an inquorate General Meeting passes to a quorate Union Council
     Meeting.


3.   The Union Council membership will comprise of Members being:


        a) All Sabbatical and Non-Sabbatical Officers;
        b) 20 Members who are representatives of the Student Activity Bodies (as
           defined by the Board);
        c) 15 course representatives (as defined by the Board); and
        d) 25 other Members.


4.   In the case of the representatives and Members mentioned in paragraph 3 b) to
     d) immediately preceding, the Board shall make rules to determine how those
     representatives and Members are appointed or elected.




                                       Page 36 of 40
                                     UGSU Constitution




5.    The Union Council shall advise the Board and hold the Board accountable by
      noting and approving (or not as the case may be) decisions of the Board, discuss
      motions from inquorate General Meetings and discuss ordinary motions
      proposed directly to the Union Council and communicating their views to the
      Board for consideration.


6.    Subject to paragraph 7 of this Schedule below the power of the Union Council
      shall be limited to the making or resolutions to recommend matters to the Board
      in relation to the Union’s business.


7.    In addition the Union Council shall have power to consider and pass or reject
      resolutions posed to a General Meeting (except these resolutions which relate to
      any amendment of this Constitution) where:


7.1   the General Meeting was inquorate; and


7.2   the Board has resolved that a quorum is unlikely in the event that a further
      General Meeting is called.


7.3   Where the Union Council is so empowered it shall consider the resolution(s) and
      pass or reject them on behalf of the Membership and subject to paragraph 13
      below any such resolution of the Union Council shall be valid as if it had been
      taken by the Membership in a General Meeting.


8.    The Union Council shall meet at least three times per year.


9.    The quorum of the Union Council shall be 50% of the membership of the Council
      rounded up to the nearest whole number if necessary




                                        Page 37 of 40
                                    UGSU Constitution




10.   The members of the Union Council shall at the first meeting of every academic
      year elect one of their number to chair the Union Council meetings and that
      member shall chair each Union Council meeting and in the event that he is
      unable or unwilling to do so another member of the Union Council chosen by the
      members of the Union Council present will act as chair at each meeting.


11.   Every issue may be determined by a simple majority vote cast at the Union
      Council meeting but a resolution which is in writing and signed by all members of
      the Union Council is as valid as a resolution passed at a meeting and for this
      purpose the resolution may be contained in more than one document and will be
      treated as passed on the date of the last signature.


12.   Except for the chair of the meeting who has a second or casting vote in the event
      of an equality of votes every Union Council member has one vote on each issue.


13.   All decisions of Union Council may be declared null and void by a decision taken
      by the Membership validly taken at a quorate General Meeting in accordance
      with this Constitution PROVIDED THAT such a decision is taken within 3 months
      of the decision of the Union Council.




                                       Page 38 of 40
                                    UGSU Constitution




                                     SCHEDULE 4


                                  Health and Safety


1.   The Board will be responsible for the Health and Safety arrangements of those
     activities and premises over which they have control.


2.   Health and Safety will be given priority over all Union activities.


3.   The Union will operate under its own Health and Safety Policy which will be
     approved annually by the Board.


4.   A Union Health and Safety Management Group will ensure that the policy is
     adhered to and will review arrangements as necessary.


5.   Unless and until determined otherwise by the Board The Union Health and
     Safety Management Group will consist of:


      a.    President
      b.    Student Activities Officer
      c.    General Manager
      d.    Non-Commercial Services Manager
      e.    Personnel Officer
      f.    Building Services Manager


6.   The Union Health and Safety Management Group will meet at least once a term.




                                         Page 39 of 40
                                   UGSU Constitution




                              ADOPTED AT A MEETING HELD
AT…………………………………………………………………….
ON …………………………………………………………………...




SIGNED
NAME ……………………………………………………………….
SIGNATURE………………………………………………………...
Name and signature of chair of meeting




WITNESSED
NAME……………………………………………………………….
ADDRESS…………………………………………………………..
………………………………………………………………………
OCCUPATION …………………………………………………….
SIGNATURE ………………………………………………………
Name, address, occupation and signature of witness




                                      Page 40 of 40

								
To top