TRAITE INSTITUANT UNE CONSTITUTION POUR LEUROPE THIERRY ZOBEL 2005.
GSA Constitution 2005
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Transcript of GSA Constitution 2005
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THE
GRADUATE
STUDENTS’
ASSOCIATION
CONSTITUTION
STATUTE OF THE UNIVERSITY OF EAST ANGLIA
‘25 The Graduate Students' Association
(1) There shall be one Graduate Students' Association of the University.
(2) The Constitution of the Graduate Students' Association shall be approved by
the Senate.’
(This power given to the Senate was overridden by the 1994 Education Act and
now resides with the University Council)
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THE CONSTITUTION OF THE GRADUATE STUDENTS’ ASSOCIATION
THE CONSTITUTION OF THE GRADUATE STUDENTS’ ASSOCIATION......................2
NOMENCLATURE............................................................................................................... 3
1. OBJECTIVES OF THE ASSOCIATION....................................................................3
2. MEMBERSHIP............................................................................................................ 4
3. PRIVILEGES OF MEMBERSHIP.............................................................................. 4
4. ADMINISTRATION OF THE ASSOCIATION.........................................................5
5. G.S.A. EXECUTIVE ................................................................................................... 5
6. STANDING COMMITTEES OF THE G.S.A. ...........................................................9
7. GENERAL MEETINGS.............................................................................................. 9
8. REFERENDA ............................................................................................................10
9. EXTERNAL AFFILIATIONS................................................................................... 11
10. CLUBS AND SOCIETIES ........................................................................................ 11
11. COMPLAINTS ..........................................................................................................11
12. PERMANENT TREASURER...................................................................................12
13. INDEMNITIES.......................................................................................................... 13
14. PROCEDURES.......................................................................................................... 13
15. INTERPRETATION.................................................................................................. 14
APPENDIX A: Duties of the Executive Officers ............................................................ 15
APPENDIX B: Election Regulations............................................................................... 19
APPENDIX C: Management Agreement with SUS (EA) Ltd......................................... 22
APPENDIX D: Standing Orders governing the conduct of meetings ............................. 24
APPENDIX E: Standing Orders governing financial procedures....................................29
APPENDIX F: Procedures for establishing a group, society or club .............................. 32
APPENDIX G: Part II of the Education Act 1994........................................................... 34
APPENDIX H: U.E.A. Code of Practice relating to Student Unions.............................. 40
APPENDIX I: Guidance issued by the Dept. of Eduction and Employment, Sept 1995 50
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NOMENCLATURE
I. “Association” means the Graduate Students’ Association of the University of East
Anglia, as defined in Statute 25 of the University
II. “University” means the University of East Anglia
III. “Executive” means the Executive Committee of the Association
IV. “A registered student” shall be as defined in the Regulations of the University of East
Anglia.
V. “Postgraduate ”shall mean students on courses which require a first degree.
VI. “G.S.A. Common Room” means Union House Room 1.39
VII. “The Permanent Treasurer” shall mean a person designated by the Executive and
approved by the Registrar and Secretary on behalf of the Council of the University of
East Anglia.
VIII. “Registrar and Secretary” shall mean the Registrar and Secretary of the University of
East Anglia for the time being.
IX. “Dean of Students” shall mean the Dean of Students of the University of East Anglia
for the time being.
X. “ ‘The Grads Bar’ ” shall be the Bar run as a commercial enterprise of the Associationin Union House room 1.39.
1. OBJECTIVES OF THE ASSOCIATION
The objectives of the Association shall be:
1.1 To represent and promote the interests of its members, as a whole, in all matters,
both within the University and beyond.
1.2 To provide a means of communication between members and the University
Authorities and between the members and any other body.
1.3 To offer support to members during their programme of study.
1.4 To provide social facilities for members, including but not limited to facilities
provided in the G.S.A. Common Room.
1.5 To promote co-operation amongst members for educational, social, and cultural
activities and such other purposes as are beneficial to the community.
1.6 To work with the Union of UEA students in areas of common interest.
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2. MEMBERSHIP
2.1 All registered postgraduate students of the University shall be Ordinary Members
unless they inform the Permanent Treasurer of the Association, in writing, that they
wish to opt out of ordinary membership of the Association. A student may reverse
their decision to opt out not more than once in any academic year.
2.3 The Association shall admit all registered students who have opted out of ordinary
membership of the Association to Associate Membership without the payment of a
fee.
2.4 The Executive may admit to Associate Membership persons who are not students of
the University, on a temporary basis, subject to ratification by a General Meeting of the Association.
2.6 A General Meeting of the Association may grant Honorary Life Membership or
Honorary Associate Membership as it deems fit.
3. PRIVILEGES OF MEMBERSHIP
3.1 The following are rights which membership of the Association confers subject
as hereinafter provided:
3.1.1 To have access to and use of all facilities obtained by the Association for its
members, and to have use of all amenities provided by the Association.
3.1.2 To attend General Meetings and other meetings of the Association, subject to
Standing Orders regulating behaviour and procedure at such meetings.
3.1.3 To vote at General Meetings of the Association, referenda, and in all elections.
3.1.4 To nominate for, stand for and hold office on the Executive of the Association, theBar Standing Committee and on any Committees as may be established according to
sections 4.2 and 5.1.5 of this constitution, subject to the definition of the relevant
constituency.
3.1.5 To establish, hold office in and become members of any or all groups, societies and
clubs of the Association.
3.2 Members’ eligibility to privileges are as follows:
3.2.1 Ordinary members have all the privileges of the Association.
3.2.3 All other members shall have privileges 3.1.1 and 3.1.5.
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3.3 The Executive may suspend all or any rights of a member for what appears, in its
discretion, to be good and sufficient cause, subject to an appeal under the complaints
procedure.
3.4 The rights of members are subject to the General Regulations of the University and
may not be interpreted so as to conflict with the General Regulations. The statutoryduties of officers and committees of the Association and any requirements of the
University’s Code of Practice relating to Student Unions shall take precedence over
the rights of members.
4. ADMINISTRATION OF THE ASSOCIATION
4.1 The general administration of the Association shall be in the hands of the Executive.
4.2 The Executive may, at its discretion, set up such committees as it from time to time
sees fit, to have responsibility for specific aspects of the Association’s work. Such
committees shall be chaired by a member of the Executive. The Executive shall
have the power to disestablish such committees when it deems them no longer
necessary.
4.4 Notices, agendas and minutes of all current Executive meetings will be displayed on
a notice board in the G.S.A. Common Room and on the G.S.A. website.
5. G.S.A. EXECUTIVE
5.1 Duties of the Executive: The G.S.A. Executive shall:
5.1.1 Be responsible for transacting the business of the Association, including execution of
policy decisions and management of financial and general affairs of the Association
and its commercial enterprises.
5.1.2 Ensure that funds provided to the Association by the University and from any other
sources are used in accordance with:a) the Education Act 1994
b) The University’s Code of Practice relating to Students’ Unions
c) This constitution
d) Any advice on Students’ Unions expenditure as may be issued from time to
time by the Department of Education and Employment or other appropriate
agency
e) Any restrictions imposed on the activities of the Union by the law relating to
charities
5.1.3 Appoint, from among its membership wherever possible, representatives to
University Committees and working groups in accordance with resolutions of theUniversity Council and/or the University Senate.
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5.1.4 Set up such Committees as it from time to time sees fit to conduct specific aspects of
the Association’s work. Such Committees shall be chaired by a member of the
Executive. The Executive shall have the power to disband such Committees when
they are deemed no longer necessary.
5.1.5 Ensure that cash belonging to the Association shall be held in the name of theAssociation in such a manner as the Executive shall direct. The Executive shall be
entitled to make and rescind such regulations for the operation of bank accounts in
the name of the Association as it shall deem fit.
5.1.6 Borrow such sums of money on behalf of the Association at any time and on security
of the whole or part of its property on such terms as to payment of interest,
repayment of capital or otherwise, provided that the prior written consent of the
Permanent Treasurer shall be obtained to any borrowing for a period of more than 12
months.
5.1.7 Be responsible for keeping proper accounting records which disclose with reasonable
accuracy at any time the financial position of the Association and of any commercial
enterprises, and ensuring that the procedures laid down in the financial standing
orders (appendix E) are followed
5.1.8 Be responsible for preparing each year a consolidated balance sheet and an account
of its consolidated income and expenditure and a statement of its cash flows. In
addition the accounts shall include a list of all donations to external organisations
and a list of all affiliations/subscriptions paid to external organisations on behalf of
the generality of members during the year.
5.1.9 Be responsible for preparation of an annual budget for the Graduate Students’
Association and for any commercial enterprises (including the ‘Grads Bar’), for
approval by the Annual General Meeting of the Association, and submit them for
scrutiny and approval by the Registrar and Secretary of the University at such times
as the University may from time to time reasonably determine.
5.1.10 Appoint an Auditor, subject to ratification by the Annual General Meeting of the
Association, who shall not be a member of the Association, and who shall audit the
accounts of the Association and any commercial enterprises on an annual basis.
Such accounts shall be presented for approval by the Annual General Meeting of the
Association and a copy of the accounts shall be given to the Planning and ResourcesCommittee of the University.
5.1.11 Nominate to the Registrar and Secretary for approval by the University Council a
member of the Academic Staff or Senior Administrative Staff of the University to act
as Permanent Treasurer of the Association, to hold office for a period of three years,
the right of appointment and dismissal of whom shall rest with the Council of the
University.
5.1.12 Nominate to the Registrar and Secretary for approval by the University Council a
Returning Officer who shall be responsible for the organisation of elections subject
to the direction of the Executive.
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5.1.13 Be responsible for approving the aims of all groups, societies and clubs of the
Association.
5.1.14 Be responsible for determining and making available to members on an annual basis
a statement of the criteria and arrangements for allocation of funds to groups,
societies and clubs (including an appeal mechanism).
5.1.15 Be responsible for approving all publications of the Association.
5.1.16 Review this constitution at such times as it deems fit, and may propose amendments
to it, for submission to the University Council, provided that such amendments have
been approved by a General Meeting of the Association.
5.1.17 Review annually the Management Agreement with Student’s Union Services (East
Anglia) Ltd (Appendix C), by which the Association pays SUS (EA) Ltd for various
services including a full accounting service and employment of staff, and may amend
it subject to agreement with SUS (EA) Ltd.
5.1.18 Review appendices A, B, D, E, and F to this constitution at such times as it deems fit,
and may amend them subject to any proposed alterations receiving the support of
three quarters of the members of the Executive and the approval of the Registrar and
Secretary.
5.2 Membership of the Executive: The G.S.A. Executive shall consist of:
(a) The President(b) The Treasurer
(c) The Secretary
(d) The Communications Officer
(e) The Events Officer
(f) The Committees Representative
(g) (ex officio)The Postgraduate Representative from the Arts and Humanities
Faculty
(h) (ex officio)The Postgraduate Representative from the Social Science Faculty
(i) (ex officio)The Postgraduate Representative from the Faculty of Science
(j) (ex officio)The Postgraduate Representative from the Institute of Health
5.2.1 Members of the Executive may not receive any payment for carrying out their duties
as officers of the Association.
5.3 Meetings of the Executive:
5.3.1 The Executive shall meet at least once in every four week period throughout the
year.
5.3.2 All members of the Executive shall be notified by e-mail at their University address
of the date, time and place of a meeting not less than seven working days before the
meeting, and shall be sent an agenda to their University e-mail address not less than
three working days before a meeting.
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5.3.3 A meeting of the Executive shall be quorate if at least one third of the voting
members are present.
5.3.4 The Executive may invite at its own discretion other persons to attend its meetings.
Such persons shall speak only by invitation of the chair and shall not vote.
5.3.5 The Permanent Treasurer of the Association shall be invited to attend at least one
meeting in every three month period.
5.3.6 Any member of the Association may attend the meetings of the Executive as an
observer, but shall not speak or vote.
5.4 Elections and Terms of Office of the Executive:
5.4.1 Elections of members of the Executive and Standing Committees of the Association
shall be by the ‘first past the post system’, by secret cross campus vote.
5.4.3 Ordinary members of the Association shall be accepted as candidates for all posts.
No member may be accepted as a candidate for any post if as a result of election the
candidate would hold two posts on the Executive at the same time.
5.4.6 Elections for all Executive posts shall take place in February each year, with new
members taking up post on the first day of the Easter Vacation.
5.4.7 In the event that the number of candidates is fewer than the number of vacancies, theReturning Officer shall, within seven days of the close of nominations, call another
election to fill the remaining vacancies. If the vacancies are not filled by the second
election, the Executive shall co-opt members of the Association to fill the vacancies,
those members so co-opted being deemed to have been elected by the Association.
5.4.8 Members will normally hold office for one calendar year.
5.5 Resignation or dismissal of a member of the Executive:
5.5.1 The resignation of any member of the Executive must be given to in writing to thePresident or to the Permanent Treasurer of the Association.
5.5.2 Any member of the Executive who, without good cause, fails to attend three
consecutive meetings shall cease to hold office, unless the Executive, at its sole
discretion, shall decide otherwise.
5.5.3 A member of the Executive shall cease to hold office if they are subject to a motion
of no confidence passed by a two-thirds majority of those voting in a referendum.
5.5.4 In the event of a member of the Executive ceasing to hold office the Executive will
be responsible for holding elections to appoint a replacement, excepting if the
vacancy occurs within 8 weeks of the date of the next election.
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5.5.5 In the event of resignation or dismissal of the President, the Communications Officer
shall take over the duties of the President until such time as a new President can be
elected.
6. STANDING COMMITTEES OF THE G.S.A.
6.1 There shall be a Standing Committee of the G.S.A. called the Bar Standing
Committee
6.2 Membership of the Bar Standing Committee shall be:
• The Treasurer of the G.S.A. (chair)
• The Entertainments officers (2 posts)
• The Publicity Officer (who shall act as secretary for the committee and shall take
minutes)• The Manager of the ‘Grads Bar’ (non-voting, non-elected position)
6.2 Duties of the Bar Standing Committee shall be
• To operate the ‘Grads Bar’ in such a manner as to meet the budget laid down by
the Executive and approved by the Annual General Meeting of the Association.
This includes determining the pricing policy, opening hours and promotions
policy.
• To determine the product range within the constraints imposed by the Operator’s
purchasing consortium rules
• To assist the Bar Manager in selection of bar staff, such staff being current
postgraduate students of the University
• To market the ‘Grads Bar’ within the University
• To organise entertainments, within statutory constraints
6.3 The Bar Standing Committee shall meet at least once in any four week period
6.4 The elected members of the Bar Standing Committee shall be elected according to
the procedure outlined in appendix B. Elections shall normally take place in October
each year, with members taking up their post one week after election. Members of
the G.S.A. Executive may also take positions on the Bar Standing Committee.
7. GENERAL MEETINGS
7.1 The supreme governing body of the Association shall be the General Meeting,
subject to:
(a) Statutory duties placed on officers and committees of the Association, in
particular those arising from the Education Act 1994 (See Appendix G).
(b) The University’s Code of Practice relating to Student Unions published in
accordance with the requirements of section 22 (3) of the Education Act 1994
(See Appendix H).
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(c) Policy decisions taken by the members in a referendum.
7.2 The General Meeting shall determine the policy of the Association on any matter not
determined by a referendum.
7.3 All General Meetings shall be conducted in accordance with the Standing Orders of
the Association governing the conduct of meetings (see Appendix D).
7.4 A General Meeting shall be quorate if at least 40 Ordinary members of the
Association are present.
7.5 Notice of a General Meeting shall be posted on the Association website at least two
weeks prior to the date of the meeting. The agenda of the meeting shall be posted on
the Association website at least 48 hours before the meeting. Ordinary members
may submit motions for inclusion in the agenda up until 72 hours before the
published time of commencement of the meeting.
7.6 Minutes of all General Meetings will be displayed on a notice board in the G.S.A.
Common Room and on the G.S.A. website.
7.7 In the event that a General Meeting is not quorate, the Executive shall have the
power to act on its behalf.
7.8 An Annual General Meeting shall be held in December each year. An Ordinary
General Meeting shall be held at least once during the remainder of the year, not less
than four months and not more than eight months from the date of the AnnualGeneral Meeting. An Extraordinary General Meeting may be held at any time on the
instigation of the Executive, or by petition of at least one twentieth of the ordinary
members of the Association. Such petition must state the motion or motions to be
discussed. Further, in an emergency, the President may, at his/her discretion,
summon an Extraordinary General Meeting.
7.9 The Executive shall present at the Annual General Meeting:
a) the audited accounts for the previous year
b) the budget for the current financial year for approval
c) a resolution to appoint auditors until the next annual meetingd) a list of affiliations to external organisations on behalf of the generality of
students for approval
8. REFERENDA
8.1 A referendum, subject to the constraints laid out in section 7.1 a and b shall overrule
a General Meeting on any matter of policy in which a minimum of one tenth of the
ordinary members of the Association exercise their right to vote.
8.2 A referendum shall be called when:
(a) a General Meeting so determines.
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11.4 If dissatisfied with the action taken by the Dean of Students, either the
complainant(s) or the Association may, within ten working days, appeal in writing to
the Registrar and Secretary requesting that the complaint be determined by an
independent person appointed by the University Council.
11.5 The Registrar and Secretary shall consult the Chairman of the University Councilwho shall, unless the Chairman determines the complaint to be frivolous, appoint an
independent person to determine the complaint and whose decision shall be final.
11.6 The Union shall action any remedy determined by the Dean of Students or the
independent person appointed by the University Council.
11.7 Any member or group of members who claims to be unfairly disadvantaged by
reason of their having exercised the right not to be an ordinary member shall submit
their complaint in writing to the Dean of Students, who shall investigate the matter
and shall notify the complainant(s) in writing of the outcome (including specification
of any remedy if upheld) within ten working days of the receipt of the complaint.
11.8 If dissatisfied with the action taken by the Dean of Students, either complainant(s)
may, within ten working days, appeal in writing to the Registrar and Secretary who
shall consult the Chairman of the University Council who shall, unless the Chairman
determines the complaint to be frivolous, appoint an independent person to
determine the complaint and whose decision shall be final.
12. PERMANENT TREASURER
12.1 The Executive shall designate, subject to acceptance by the Registrar and Secretary
on behalf of the University’s Council, a Permanent Treasurer who is required to
satisfy the University Council that funds provided to the Union by the University and
from other sources are used in accordance with the restrictions contained in clause
5.1.2.
12.2 The Permanent Treasurer, as the representative of the University, shall be
responsible for advising the Association if, at any time, any action or policy under
consideration by the Association appears to the Permanent Treasurer to be
incompatible with paragraph 12.1 above. Should the Association decide
nevertheless to proceed, the Permanent Treasurer is required to inform the Registrar
and Secretary in writing. Additionally the Permanent Treasurer is required to
annually review the Association’s procedures for the allocation of resources to
groups, clubs and societies to ensure such procedures are clear, fair and freely
accessible to all students.
12.3 The Permanent Treasurer shall be entitled to attend meetings of the Executive and
shall be entitled to speak but have no vote and shall not override the decision of the
Executive save as otherwise provided in the constitution.
12.4 The Association is required to obtain the prior written consent of the Permanent
Treasurer to
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(a) any transaction in excess of such sum as the University Council shall from
time to time specify, not being less than £25,000, involving land, buildings or
equipment.
(b) Any expenditure in excess of £25,000 not contained in the budget approved by
the Registrar and Secretary.
(c) The borrowing of any money for a period in excess of 12 months.
13. INDEMNITIES
13.1 Without prejudice to any other right to indemnity by law or otherwise given the
following shall, in the circumstances set out below, be entitled to be indemnified out
of the assets of the Association:
a) The Permanent Treasurer
b) Every Officer of the Association
c) Every member of the Association acting with the express authority of the
Executive
d) Every member of any Committee appointed by the Executive who is officially
engaged upon the business of the Association
The indemnity will cover all liabilities and reasonable expenses incurred by any of
the above listed persons in or about the execution or purported execution of their
respective duties or of any powers, authorities or discretion invested in them
including the case of all such persons acting in an honorary capacity.
The indemnity will cover liability and expenses consequent on any mistake,oversight, error of judgement, forgetfulness, or want of prudence on the part of such
persons and against all actions, proceedings, costs, claims and demands in respect of
any matters or things done or omitted in any way relating to such duties.
The above indemnity is subject to the following qualifications:
a) The Association shall not indemnify the members in respect of injury and/or
damage caused directly or indirectly by or traceable to any riot, disturbance, or
civil commotion, any animal, driver, vehicle (other than a hand propelled vehicle),
mechanically powered tricycle, locomotive, airborne or water craft, elevator,
escalator, power-driven lift, crane, or hoist owned or used by the members.
b) No indemnity will be given for any claim arising from any act or omission which
the person concerned knew was a breach of duty ow which was committed in
reckless disregard of whether or not it was a breach of duty.
14. PROCEDURES
14.1 The University Council shall review this constitution at intervals of not more thanfive years and may at any time make alterations to it to ensure compliance with their
statutory duties under the Education Act 1994.
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14.2 Recommendations to the University Council proposing amendments to this
constitution may only be made by a majority of two-thirds of the members present
and voting at a General Meeting of the Association, excepting that if two successive
General Meetings fail to achieve a quorum, then the Executive shall have the power
to propose constitutional changes on behalf of the General Meeting.
14.3 Subject to the approval of the Registrar and Secretary, the Executive may amend
appendices A, B, D, E and F of the constitution provided that three quarters of the
members of the Executive support such a change.
15. INTERPRETATION
15.1 This Constitution shall be interpreted in accordance with the terms of the Education
Act 1994 and the University’s Code of Practice Relating to Student Unions.
15.2 Any question relating to the interpretation of any clauses of the Constitution which
might give rise to legal dispute shall be referred by the Executive to a committee
consisting of the President, the Permanent Treasurer and the U.U.E.A.S. General
Manager. The U.U.E.A.S General Manager shall chair this committee.
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APPENDIX A
DUTIES OF THE EXECUTIVE OFFICERS
THE PRESIDENT shall:
• Be the chief executive officer of the Association and shall be empowered to conduct the
routine affairs of the Association on behalf of the Executive
• Be the chief spokesperson of the Association both within and without the University
• Have overall responsibility for the administration of Association policy
• Represent the Association on University Council, University Senate, the Graduate
Studies Executive, the Student Experience Committee, and any other University bodies
to which s/he is invited either ex officio or in person
• Maintain links with key personnel within the University and the UUEAS, including but
not limited to: the Dean of Students, the PVC(academic), the PVC(research), the
Director of Graduate Studies and the General Manager of the Union of U.E.A. Students
• Liaise with the Union of U.E.A. Students (in particular the Academic Officer and the
Welfare Officer) and shall work jointly with them on matters of common interest
• Receive communications from the National Postgraduate Committee, and liaise with the
Committee where appropriate
• Be responsible for organisation of Association elections
• Be responsible for calling meetings of the Executive and General Meetings of the
Association
• Chair meetings of the Executive
• Be responsible for e-mail correspondence using the Association’s address
• Be responsible for dealing with complaints
• Be responsible for health and safety
• Have overall responsibility for ensuring compliance with the Association’s Constitution
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THE TREASURER shall:
• Have overall responsibility for administration of Association finances
• Be responsible for overall allocation of the Association’s resources
• Liaise on a regular basis with the Association’s permanent treasurer
• Chair the Bar Standing Committee and have overall responsibility for the financial
operation of ‘Grads Bar’.
• Have responsibility for maintaining current bank accounts for the Association, and act
as principle cheque signatory.
• Receive regular accounts (prepared under the management agreement with SUS(East
Anglia)Ltd), and present these accounts at meetings of the Executive
• Draft annual budgets for the Association and its commercial enterprises (the ‘Grads
Bar’)
• Be the main point of contact on the Executive for the Bar Manager of the ‘Grads Bar’
• Act as the representative of the Executive in its relationship with staff of the ‘Grads
Bar’
• Maintain links with the Bars Manager of U.U.E.A.S. and other members of staff of the
Union of U.E.A. Students as appropriate in relation to the running of the ‘Grads Bar’
THE SECRETARY shall:
• Have overall responsibility for maintaining the Association’s records, both paper and
electronic
• Deal with all paper based correspondence (including applications to the G.S.A.
Conference Fund and applications for financial support from groups, societies and clubs
of the Association)
• Be responsible for taking minutes at Executive and General Meetings (the actual taking
of minutes can be delegated, but it is the responsibility of the Secretary to ensure that all
meetings are minuted), and shall maintain minute books. S/he shall make these minutes
available to any member given reasonable notice.
• Maintain the filing and record keeping systems in the Association Office (Union House
Room 1.39a)
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THE COMMUNICATIONS OFFICER shall:
• Be responsible for publicising the Association to members, and more widely within the
University community
• Be responsible for the Association’s website, ensuring that updates to the webpages areinstituted promptly and efficiently, and that all pages are reviewed at least once during
their term of office
• Be responsible for production of the Association’s bi-monthly electronic newsletter
(containing copy submitted by other members of the Executive)
• Be responsible for production of an annual leaflet for distribution to new postgraduate
students
• Be responsible for ensuring a G.S.A. presence at induction events for new postgraduatestudents
• In the event of the resignation or dismissal of the President, the Communications
Officer shall assume leadership of the Association until such time as a by-election can
be held
THE EVENTS OFFICER shall:
• Organise an annual programme of events for postgraduate students, with the purpose of
enhancing their experience at U.E.A.
• Assist the Communications Officer in their duties, acting as deputy where necessary
THE COMMITTEES REPRESENTATIVE shall:
• Represent the Association on all University committees, working groups and other
bodies as may from time to time be convened and to which a member of the Association
is invited to send a representative, excepting where this position is taken by the
President or other member of the Executive ex officio or by invitation. This shallinclude the Learning and Teaching Committee and the Graduate Studies Executive
• Assist the Secretary in their duties, acting as deputy where necessary
THE FACULTY REPRESENTATIVES (FOUR MEMBERS, FOR THE FACULTIES
OF ARTS AND HUMANITIES, SOCIAL SCIENCES, SCIENCE, AND THE
INSTITUTE OF HEALTH) shall:
• Act as the point of contact between postgraduate representatives in Schools within their
faculty and the Executive
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• Raise issues brought to their attention by School postgraduate representatives within
their faculty with the Executive
• Act as a channel for communication from the Executive to members within Schools
(including communication from the University)
• Publicise the Association within Schools, as co-ordinated by the communications
officer
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APPENDIX B
ELECTION REGULATIONS
(Rules governing the election of members of the Executive and Committees)
THE RETURNING OFFICER
The Returning Officer, appointed by the Registrar and Secretary on behalf of the University
Council, is required to satisfy the University Council that any election covered by these
regulations has been fairly and properly conducted.
If the Returning Officer is not satisfied that the election has been fairly and properly
conducted they are required to inform the Registrar and Secretary of the University.
The Returning Officer shall undertake any duties necessary to ensure the fair and properconduct of the elections.
1. TIMING OF ELECTIONS
The precise timetable for standard elections in each academic year shall be determined by the
current Executive.
Elections for all members of the Executive will normally take place in February each year.
Elections for members of the Bar Standing Committee (excepting the Chair) shall take place
in October each year.
2. ELECTION TIMETABLE
The timetable for each election shall be published on the Association’s website and on the
noticeboard in the G.S.A. Common Room and shall include:
a) The period during which nominations are open, which shall be a minimum of 14 days,
and from where nomination forms and other relevant information can be obtained.
b) The time and date by which nomination information has to be submitted in order to
enter the election, and the place to which it should be returned.
c) The time, date and place for casting votes.
d) The deadline for the submission of complaints, except where the complaint relates to
the conduct of the count.
e) The time, date and place of the count.
3. NOMINATIONS
3.1 All candidates wishing to stand for a post in any Association run election must submit
a standard nomination form (available from the Returning Officer or for download
from the G.S.A. website). Nomination forms must be signed by the candidate, a
proposer and a seconder. Members may only stand as candidate and propose or
second as candidate according to the constituencies defined in clause 3.1.4.
Candidates must provide a contact telephone number and their university e-mailaddress. This information will only be used to contact candidates on matters
concerning the election, and if elected, to provide them with information about
handover procedures. The details of candidates will remain confidential to the
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Returning Officer. The details of newly elected officers will be made available to the
incumbent President in order that s/he can arrange induction events.
3.2 All candidates have the opportunity to supply a manifesto as part of their nomination,
such manifesto being no more than one side of A4. If supplied, such manifestos will
be made available to the electorate on the G.S.A. website and on the noticeboard in theG.S.A. Common Room.
3.3 Candidates shall return their nominations to the Returning Officer.
3.4 Nominations shall close at 4pm at least 7 days before the day of the election.
3.5 In the event of an invalid nomination being received the Returning Officer shall so
inform the candidate who shall have up to 48 hours after the close of nominations to
re-submit their nomination after which time they shall be excluded from the election.
3.6 Any candidate may withdraw their nomination by informing the Returning Officer, in
writing, not less than 24 hours before the commencement of voting.
4. THE CAMPAIGN
4.1 No campaign material may be distributed in advance of the deadline for the start of
campaigning. No candidate may spend more than £15 on campaign material, and any
such expenditure shall be entirely at the candidates own expense. Candidates must
however keep receipts for any such expenditure, in case of dispute over the extent of
campaign material used. Any candidates who have, in the opinion of the Returning
Officer, obtained election materials or services to a value in excess of £15 will bedisqualified prior to the count.
5. BALLOT PAPERS
5.1 Each ballot paper shall carry the title of the post or posts for which the election is
being held. Candidates shall appear on the ballot paper in alphabetical order of family
name, given name (as used on the Student Register).
5.3 In a referendum, there shall be boxes for "Votes For", "Votes Against" and
"Abstention". The Executive shall rule on the wording on the paper, being careful to
avoid loaded questions.
6. VOTING
6.1 Ordinary members whose place of study is not on the main campus, or who will be
away from the main campus (but still in the UK) on election day, may request a postal
ballot for that election. In order to obtain a postal ballot a member should write to the
Returning Officer providing their name, address, and UEA registration number. Postal
ballots will be despatched four working days before the election day and the ballot
papers should be returned to the Returning Officer by first post on the election day.
The Returning Officer will ensure that the student register is marked to show the
members issued with postal ballots as having voted.
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6.2 Ordinary members whose place of study is not in the United Kingdom may request
that another ordinary member be issued with a postal vote to exercise on their behalf.
In order to appoint another member to act as their proxy a member should write to the
Returning Officer providing their name, UEA registration number stating their place
of study and the name , UEA registration number and address of the member that they
wish to appoint as their proxy. Ballot papers will be despatched as outlined above.
6.3 Only the Returning Officer, polling clerks and voters in the process of voting shall
remain in the voting room.
6.4 Candidates and their representatives shall not approach within four metres of the
entrance to the voting room or ballot box, except for the purpose of voting.
6.5 The list of voters may only be scrutinised by the Returning Officer and the polling
clerks on duty. This list shall remain confidential.
7. THE COUNT
7.1 The count will be held in a suitable room, as determined by the Returning Officer.
The ballot box will be opened by the Returning Officer. Candidates accompanied by
up to one other person will be allowed into the count but will not be allowed to leave
until a result is declared. No alcoholic drinks or smoking will be allowed in the room.
8. COMPLAINTS AND RESULTS
8.1 Any complaint on the conduct of the election or of any violation of these regulations
must be made in writing to the Returning Officer prior to the count, except where thecomplaint relates to the conduct of the count itself. The count will be suspended until
such time as the Returning Officer has investigated the complaint and made a ruling
on it.
8.2 Any complaint about the conduct of the count should be made to the Returning Officer
during the count.
8.4 All election results shall be reported by the Returning Officer to the incumbent G.S.A.
President. The incumbent President shall be responsible for disseminating the results
through the G.S.A. website and notices on the board in the G.S.A. Common Room.
8.5 The Returning Officer shall keep all papers referring to an election for 1 calendar
month or until any legal dispute arising from the election has been resolved.
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APPENDIX C
MANAGEMENT AGREEMENT BETWEEN THE GRADUATE
STUDENTS’ ASSOCIATION AND STUDENTS’ UNION SERVICES
(EAST ANGLIA) LIMITED
1. The parties to the agreement shall be the Graduate Students’ Association, as
represented by its Executive (hereinafter known as the Association) and Students’
Union Services (East Anglia) Limited (hereinafter known as the Operator).
2. The purpose of the agreement is to provide for the operation of the bar in the
Association’s premises in Union House (hereinafter called ‘the Grads Bar’) and to
ensure proper financial management for the Association, particularly in respect of
clauses 5.1.7 and 5.1.8 of its constitution.
3. The agreement, including the fee payable by the Association to the Operator, shall be
reviewed annually in January each year
4. The duties of the Association are:
• To assist the Operator to ensure that access to the Grads Bar is restricted to those aged
21 and over.
• To market the Grads Bar within the University, as a bar for those aged 21 and over,
including postgraduate students, mature students and University staff.
• To organise entertainment in the Grads Bar within statutory constraints.
• To determine the product range within the constraints imposed by the Operator’s
purchasing consortium rules.
• To determine the standard pricing of products and the promotions policy of the Grads
Bar subject, as a minimum, to the Bar being able to meet its operating costs.
• To determine the opening hours of the Grads Bar within the hours permitted by the
license.
• To provide a representative to assist in the appointment of a Bar Manager and Bar
Supervisors, as required.• To maintain a current bank account the signatories of which are to be regularly
available to sign cheques for goods and services provided.
• To provide copies of relevant minutes of the Bar Standing Committee to the Operator
containing all decisions to expend resources as authorisation for that expenditure.
• To only issue instructions relating to this agreement to the Operator through the
Association’s Treasurer (as Chair of the Bar Standing Committee), or in the absence
of the Treasurer, the Association’s President.
• To provide such assistance as the operator may reasonably request.
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5. The duties of the Operator are:
• To ensure full compliance with all statutory requirements for the operation of the
Grads Bar, including those derived from the 2003 Licensing Act, the 1994 Education
Act and contained in the Code of Practice determined by the University under the
1994 Education Act.• To operate the Grads Bar in accordance with the instructions of the Association, as
determined by the Bar Standing Committee, provided that such instructions are in
accord with all statutory requirements.
• To provide a full accounting service for the Association to include the maintenance of
books of accounts, the banking of all cash takings, the preparation of cheques for
signature by the Association, the provision of regular management accounts, draft
annual accounts for the Association’s auditors, VAT and Inland Revenue returns.
• To continue to supply the Grads Bar with products under the current terms of the
supply arrangement.
• To meet the product requirements of the Association.
• To operate the pricing policies adopted by the Association.
• To maintain strict controls for access to the bar and cellars.
• To operate the juke box, games machine, cigarette machine and the Sky TV system on
behalf of the Association.
• To employ both permanent and part-time seasonal staff to operate the Grads Bar on
the same terms and conditions that apply to its existing bar staff.
• To employ such other staff as the Association may from time require for
administrative duties.
• To only employ postgraduate students at the University to fill all part-time seasonal
posts, unless not enough postgraduates apply to fill the vacancies.
• To offer assistance to the organisers of events in the Grads Bar.
• To make alterations to the bar or machines in the Grads Bar, or to the modus operandi
of the Grads Bar or its staff, only with the express agreement in writing of the
Association.
• To only receive instructions relating to this agreement from the Association’s
Treasurer, or in the absence of the Treasurer, the Association’s President.
• To provide such other assistance as the Association may reasonably request.
• To pay the annual profit shown in the Operator’s July management accounts, after
review by the Operator’s auditors, to the Association by 30 September in the same
year.
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APPENDIX D
STANDING ORDERS GOVERNING THE CONDUCT OF
ASSOCIATION MEETINGS
All General Meetings of the Graduate Students’ Association shall be conducted in accordance
with the following Standing Orders.
1. INTERPRETATION
These Standing Orders are written with the intent of ensuring free and equal debate, and are
to be interpreted in that spirit.
2. CONDUCT
2.1 General Meetings of the Association shall be conducted in a formal and orderlymanner. If any member causes a disturbance at a meeting the Chair shall have the
right to have the offender’s name recorded in the minutes. Should the Chair have a
second occasion to call the same member to order, the meeting shall decide whether
the offender shall be expelled from the remainder of the meeting.
2.2 Ordinary and associate members of the Association may attend General Meetings of
the G.S.A.. The Executive may invite at its own discretion other persons to attend
General Meetings. Such persons shall speak only by invitation of the chair and shall
not vote.
2.3 Every member shall address themselves to the Chair. No-one may speak whilst theChair is speaking.
2.4 Subject only to a challenge, as provided in these Standing Orders, the Chair's ruling on
any question shall be final.
2.5 The Chair shall ensure that the meeting is in order and that remarks are relevant to the
question under debate.
3. CHAIR
3.1 The Chair shall be taken by a member of the Executive, or by a person appointed by
the Executive. If no members of the Executive are present, of if all members of the
Executive relinquish the Chair, then the meeting shall elect its own Chair.
3.2 The Chair shall remain impartial in any debate.
3.3 The ruling of the Chair on any point shall be final, subject only to a challenge as
provided in these Standing Orders.
4. MINUTES
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4.1 A copy of the minutes of a General Meeting shall be placed on the notice board in the
G.S.A. Common Room not more than 10 working day s after the date of the meeting,
and shall remain there until they have been approved by the next General Meeting. A
copy of the minutes shall also be made available on the G.S.A. website.
5. ORDER OF BUSINESS
5.1 Two or more tellers shall be chosen by the Chair and approved by the meeting.
5.2 Those non-members who are present without the permission of the meeting shall be
asked to leave.
5.3 The business shall be taken in the following order:
• Approval of the minutes of the last meeting
• Matters arising
• President’s report
• Matters arising from the President’s report
• Reports from and questions to members of the Executive, including reports from
and questions to any members who represent the G.S.A. on University
Committees.
• Motions appearing on the agenda
• Any other business
5.4 All motions shall be proposed by an ordinary member, and seconded by another
ordinary member of the Association. The proposer or seconder of the motion shallattend the meeting to speak to the motion. If neither is present the motion shall be
deemed to have been withdrawn.
5.5 Full terms of motions and reports to be placed on the agenda shall be submitted in
writing, either by email to the G.S.A. or by hard copy to the Secretary, G.S.A., Union
House. The agenda shall close 72 hours before the published time of commencement
of the meeting. The agenda shall be posted on the Association website at least 48
hours before the meeting.
5.6 Emergency motions shall be accepted if they could not have been put on the agenda by
its close, and the meeting votes by a simple majority to accept them.
6. MOTIONS AND AMENDMENTS
6.1 A motion or amendment shall be ruled out of order if it:
(a) seeks to alter or rescind policy of a higher body.
(b) seeks to commit the Executive to an illegal act, or seeks to commit Association
resources to an illegal act.
(d) seeks to amend the Constitution or is in contravention of the terms of the
Constitution, unless it is a properly submitted Constitutional amendment.
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(e) Seeks to alter or rescind policy passed at a General Meeting within the
previous 12 months.
6.2 An amendment shall be ruled out of order if it:
(a) seeks to discuss a motion or amendment already defeated in that meeting.
(b) is not on the same subject as the motion it seeks to amend.
6.3 A motion or amendment may be withdrawn by the proposer, but it shall then be open
to the seconder or other member to propose that motion, provided that it is done
immediately after such withdrawal.
6.4 Consideration of motions shall be as follows:
The Chair shall read the motion
The Chair shall call on the proposer or seconder to speak to the motion
Debate shall be opened to the floor
At this stage amendments may be proposed. If an amendment is accepted by the
proposer of the original motion, it shall be included in the original motion.
If the proposer does not accept the amendment, debate shall continue on the
amendment until a vote is taken on the amendment. The debate shall then return to the
original motion, with amendment if passed.
6.5 No item shall be discussed for more than sixty minutes. After sixty minutes there shall
be a summing up speech by the proposer followed immediately by a vote.
7. VOTING
7.1 Each member shall have one vote.
7.2 Members shall exercise the right to vote in person only.
7.3 If there are an equal number of votes both for and against the Chair shall exercise thecasting vote. The Chair shall not otherwise vote.
8. PROCEDURAL VOTING
8.1 Except during voting a member may raise a point of order, as outlined below, by
raising a hand and calling "order". The Chair shall immediately hear the point of
order and rule on it.
(a) call of quorum.
(b) challenge of the Chair's ruling.
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(c) assertion that the matter under question contravenes the Constitution.
(d) clarification from or through the Chair.
(e) procedural motions.
8.3 A challenge to the Chair's ruling shall be raised only on the grounds that it contravenes
the Constitution, its Appendices or Standing Orders.
8.4 When a challenge is made the Chair shall relinquish the chair. The proposer of the
challenge and the Chair shall have up to one minute state their cases, and the question
shall then be put to the vote. A challenge shall be carried by a simple majority.
8.5 Unless the Chair considers it an infringement of reasonable debate, a member may
move a procedural motion as a point of order. Should there be any objection, the
proposer and objector shall have up to one minute to state their cases, and the
procedural motion shall then be put to the vote. It shall require a simple majority to be
passed.
8.6 Procedural motions shall be, in order of precedence, that:
(a) the question be now put;
(b) the question be taken in parts;
(c) the number and duration of speeches be reduced;
(d) the question be submitted to a referendum
(e) the question be adjourned to a later meeting;
(f) the question be referred to a Committee for examination and report;(g) the question be referred back to a Committee for re-examination;
(h) the question be not put;
(i) the meeting be adjourned temporarily.
8.7 If the meeting resolves that the question be now put, the proposer shall sum up and the
question immediately be put to the vote.
9. QUORUM
9.1 The quorum for General Meetings shall be as laid down in the Constitution.
10. AMENDMENTS
10.1 Amendments to the Constitution, its Appendices or Standing Orders may only be
considered if they appear on the properly published agenda, under the heading
`Amendment to the Constitution', `Amendment to the Appendices', or `Amendment to
the Standing Orders'.
The amendment and section/paragraph to be amended must be stated explicitly.
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11. GUILLOTINE
A General Meeting of the Association shall be called to a close by the Chair 120
minutes after it started.
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APPENDIX E
STANDING ORDERS GOVERNING FINANCIAL PROCEDURES
1. These standing orders shall be read in conjunction with the constitution of the
Association and nothing contained in the standing orders may be interpreted so as toconflict with any provision of the Constitution.
2. The funds accruing to the Association may be used for the following purposes:
(a) to provide, in the interests of the education and welfare of its members, such
facilities (including the formation of clubs and societies) as will further the
participation of its members in the intellectual, social and other activities of, or
connected with, the University.
(b) to offer support to its members during their programme of study.
(c) to pay the administrative and other costs necessary for the organisation of the
services and facilities provided to its members.
3. The treasurer shall produce a budget prior to the beginning of each financial year,
taking advice from the Operator (as defined in Appendix C) where appropriate, to be
approved by the Annual General Meeting of the Association for onward transmission
to the University.
4. Expenditure within the approved budget:
4.1 Members of the Executive and Standing Committees may place orders or incur
liabilities up to a maximum of £100 without reference to the Executive, provided that
such expenditure falls within the approved budget. In order to obtain payment of orreimbursement for such expenditure, an invoice or receipt for the goods or services
obtained, countersigned by the Treasurer (or in the case of submissions by the
Treasurer, by the President) shall be submitted to the U.U.E.A.S. Finance Office.
4.2 Prior to any order being placed or any liability being incurred in excess of £100, the
expenditure must be authorised by a meeting of the Executive attended by the
Permanent Treasurer. Approved minutes of the relevant Executive Meeting shall be
taken as authorisation by the U.U.E.A.S. Finance Office.
5. Expenditure in excess of the approved budget:
5.1 No order may be issued or liability incurred in excess of the approved budget for any
expenditure unless such expenditure has been approved by a General Meeting of the
Association.
6. Standing Orders 4 and 5 shall apply in all cases EXCEPT:
6.1 Where contractual obligation exists which has been properly authorised by the
appropriate signatories.
6.2
Where a binding contractual or statutory obligation exists regardless of initialauthorisation.
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6.3 Where obligations exist in respect of contracts of employment initially approved by
the Executive.
6.4 Where goods are purchased for resale or as consumables in the process of sale by staff
of the Association with responsibility for such purchases.
The Association shall be under no obligation to meet any liability incurred outside the
provision of these standing orders.
7. All income and expenditure of the Association or any commercial enterprises
associated with the Association shall be recorded by the U.U.E.A.S. Finance Office,
under the Management Agreement (Appendix C)
8. Any bank or building society account, or any other savings account, shall be
processed, opened, closed and controlled by the Association cheque signatories in
accordance with the constitution and no other person shall open, close or control these
or any other accounts purporting to be held on behalf of the Association or its
commercial enterprises.
8.1. The cheque signatories shall be ex-officio:
(a) The Treasurer
(b) The President
(c) The Secretary
(d) The Communications Officer
(e) The Deputy General Manager of the Union of U.E.A. Students (who shall only
act in the absence of two other signatories).
8.2 Any two of the above shall jointly be empowered to open, control and close
appropriate accounts in accordance with the constitution.
8.3 Save during unavoidable absences from the Association, the Treasurer will sign all
cheques and other orders in connection with appropriate accounts.
8.4 In the event of any of the posts in section 8.1 being vacant, the Executive shall appoint
at least one other person as a cheque signatory.
9. No cheque signatory shall sign a cheque or other order for payment to themselves.
10. No payment above £100 may be made in cash.
11. In the event of absence or vacancy for a post which carries spending authority and
when urgent authorisation is required, the Treasurer or President may deputise for the
authorised signatory.
12. Fixed Assets shall be defined for the purpose of the Association balance sheet as those
items having an anticipated life of at least two years with an initial purchase price of
more than £100.
13. All such items shall be purchased only with the authority of the Executive and
expenditure capitalised and depreciated according to standard accounting principles.
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14. The financial year shall begin on 1st
August and end on 31st
July.
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APPENDIX F
PROCEDURES FOR ESTABLISHING A GROUP, SOCIETY OR CLUB
The aim of this section is not to enable the formation of societies or clubs that duplicate those
provided by the Students’ Union. Rather, the aim is to facilitate the development of groupsthat offer support to postgraduates during their time at U.E.A.. These groups may:
a) contribute to students’ academic and career development, for example reading
groups, journal clubs, or groups running seminar series by/for postgraduates.
b) fulfil for postgraduates the function filled for undergraduates by activities taking
place within their halls of residence, providing a focus for social and recreational
activity, and working towards overcoming the isolation that is experienced by many
postgraduates, particularly research students.
The purpose of this Appendix, therefore, is to allow such groups to be formed under the
auspices of the G.S.A., and to apply to the G.S.A. for financial support for, for example,
publicity and organisational expense, inviting an external speaker, or providing refreshment.
1. To be recognised by the Association a group, society or club must:
(a) Have a defined aim in accordance with the aims of the Association and
approved by the Executive of the Association.
(b) Have appointed at least the following officers who shall be Ordinary orAssociate members of the Association to act as a Committee: a President, a
Treasurer, a Secretary. The names of these officers shall be registered with the
secretary of the Association.
2. Establishment of a group, club or society shall be approved by a meeting of the
Executive including the Permanent Treasurer. A member of the Committee of the
group, society or club will be invited to attend the meeting to present their case.
2. Membership of groups, societies and clubs of the Association shall be open to all
members of the Association (ordinary and associate, including those who have opted
out of membership of the Association) upon payment, where required by the group,society or club committee, of the appropriate subscription.
3. Groups, societies or clubs of the Association may apply for financial support up to a
maximum of £100 per annum, provided such support is within the approved budget of
the Association. Such applications must include at a minimum: reasons for the
application, the planned expenditure and its justification, an indication of any other
sources of funding that have been sought, and the name and contact details of the
person accountable for expenditure on behalf of the group, society or club.
4. Financial support agreed under clause 3 above may be made prior to any expenditure
by the group, society or club. However, the group, society or club must provide
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receipts for any expenditure made, and in the event that such receipts are not provided
by the end of the financial year in which the support was forthcoming, or that the
expenditure detailed in such receipts does not accord with the original application, the
Association shall be entitled to seek reimbursement of any money from the person
responsible named under clause 3 above.
5. Where a group, society or club is unsuccessful in an application for financial support,
they shall have the right of appeal following the complaints procedure outlined in
section 11 of the constitution.
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APPENDIX G
EDUCATION ACT 1994, PART II — STUDENTS’ UNIONS
20 - (1) In this part a “Students’ Union” means –
(a) an association of the generality of students at an establishment to which this
Part applies whose principal purposes include promoting the general
interests of its members as students: or
(b) a representative body (whether an association or not) whose principal
purposes include representing the generality of students at an establishment
to which this Part applies in academic, disciplinary or other matters relating
to the government of the establishment.
(2) References in this Part to a Students’ Union include an association or body which
would fall within subsection (1) if for the references to the generality of students at
the establishment there were substituted a reference to-
(a) the generality of undergraduate students, or graduate students, at the
establishment: or
(b) the generality of students at a particular hall of residence of the
establishment.
(3) References in this Part to a Students’ Union include an association or body which
consists wholly or mainly of-
(a) constituent or affiliated associations or bodies which are themselves
Students’ Unions within subsection (1) or (2) or
(b) representatives of such constituent or affiliated associations and which
fulfils the functions of a Students’ Union within subsection (1) or (2) in
relation to students at an establishment to which this Part applies.
(4) An association or body may be a Students’ Union within the meaning of this Part in
relation to more than one establishment but not in relation to establishments
generally in the United Kingdom or a part of the United Kingdom.
(5) References in this section to an association of the generality of students or of any
description of students include-
(a) any association which the generality of students, or of students of that
description, may join, whether or not it has in membership a majority of
them and
(b) any association which would fall within paragraph (a) if the references there
to students were confined to full-time students and references to arepresentative body whose principal purposes include representing the
generality of students, or of any description of students, shall be similarly
construed.
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21 – (1) The establishments in England and Wales to which this Part applies are-
(a) any University receiving financial support under section 65 of the Further
and Higher Education Act 1992:
(b) any institution conducted by a higher education corporation or further
education corporation within the meaning of that Act:
(c) any institution designated under section 129 of the Education Reform Act
1988 as eligible to receive support from funds administered by a higher
education funding council:
(d) any institution designated under section 28 of the Further and Higher
Education Act 1992 as eligible to receive support from funds administered
by a further education funding council:
(e) any institution substantially dependant on financial support under section
6(5) of that Act (certain institutions providing facilities for part-time or
adult further education):
(f) any institution designated, or of a description designated, by order of the
Secretary of State:
(g) any college, school or hall in an establishment within any of the above
paragraphs.
(2) The establishments in Scotland to which this Part applies are-
(a) any institution within the higher education sector for the purposes of section
56(2) of the Further and Higher Education (Scotland) Act 1992:
(b) any college of further education (within the meaning of section 36(1) of that
Act), the board of management of which, or in respect of which an
appropriate person, is in receipt of a grant, loan or other payment as
mentioned in section 4(1) of that Act:
(c) any central institution within the meaning of section 135(1) of the Education(Scotland) Act 1980:
(d) any institution designated, or of a description designated, by order of the
Secretary of State.
(3) For the purposes of subsection (1)(e) an institution is substantially dependent on
financial support under section 6(5) of the Further and Higher Education Act 1992
in any year in which such support amounts to 25 per cent or more of its income.
For this purpose “year” means an accounting year of the institution and “income”
means receipts of any description, including capital receipts.
(4) In subsection (1)(g) “college” includes any institution in the nature of a college.
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(5) References in this Part to the governing body of an establishment are to the
executive governing body which has responsibility for the conduct of affairs of the
establishment and the management and administration of its revenue and property.
22 - (1) The governing body of every establishment to which this Part appliesshall take such steps as are reasonably practicable to secure that any students’ union for
students at the establishment operates in a fair and democratic manner and is accountable for
its finances.
(2) The governing body shall in particular take such steps as are reasonably practicable
to secure that the following requirements are observed by or in relation to any
students’ union for students at the establishment-
(a) the union should have a written constitution:
(b) the provisions of the constitution should be subject to the approval of the
governing body and to review by that body at intervals of not more than 5
years:
(c) a student should have the right-
(i) not to be a member of the union, or
(ii) in the case of a representative body which is not an association, to
signify that he does not wish to be represented by it, and students who
exercise that right should not be unfairly disadvantaged, with regard
to the provision of services or otherwise, by reason of their havingdone so:
(d) appointment to major union offices should be by election in a secret ballot
in which all members are entitled to vote:
(e) the governing body should satisfy themselves that the elections are fairly
and properly conducted:
(f) a person should not hold sabbatical union office, or paid elected union
office, for more than two years in total at the establishment:
(g) the financial affairs of the union should be properly conducted and
appropriate arrangements should exist for the approval of the union’s
budget, and the monitoring of its expenditure, by the governing body:
(h) financial reports of the union should be published annually or more
frequently, and should be made available to the governing body and to all
students, and each such report should contain, in particular-
(i) a list of the external organisations to which the union has made
donations in the period to which the report relates, and
(ii) details of those donations
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(i) the procedure for allocating resources to groups or clubs should be fair and
should be set down in writing and freely accessible to all students;
(j) if the union decides to affiliate to an external organisation, it should publish
notice of its decision stating-
(i) the name of the organisation, and
(ii) details of any subscription or similar fee paid or proposed to be paid
and of any donation made or proposed to be made, to the
organisation, and any such notice should be made to the governing
body and to all students:
(k) where the union is affiliated to any external organisations, a report should
be published annually or more frequently containing-
(i) a list of external organisations to which the union is currently
affiliated, and
(ii) details of subscriptions or similar fees paid, or donations made, to
such organisations in the past year (or since the last report), and such
reports should be made available to the governing body and to all
students:
(l) there should be procedures for the review of affiliations to external
organisations under which-
(i) the current list of affiliations is submitted for approval by members
annually or more frequently, and(ii) at such intervals of not more than a year as the governing body may
determine, a requisition may be made by such proportion of members
(not exceeding 5 per cent) as the governing body may determine, that
the question of continued affiliation to any particular organisation be
decided upon by a secret ballot in which all members are entitled to
vote;
(m) there should be a complaints procedure available to all students or groups
of students who-
(i) are dissatisfied in their dealings with the union, or(ii) claim to be unfairly disadvantaged by reason of their havingexercised
the right referred to in paragraph (c)(i)or (ii) above, which should
include provision for an independent person appointed by the
governing body to investigate and report on complaints;
(n) complaints should be dealt with promptly and fairly and where a complaint
is upheld there should be an effective remedy.
(3)..The governing body of every establishment to which this Part applies shall for the
purposes of this section prepare and issue, and when necessary revise, a code of
practice as to the manner in which the requirements set out above are to be carried
into effect in relation to any students’ union for students at the establishment,
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setting out in relation to each of the requirements details of the arrangements made
to secure its observance.
(4) The governing body of every establishment to which this Part applies shall as
regards any students’ union for students at the establishment bring to the attention
of all students, at least once a year-
(a) the code of practice currently in force under subsection(3),
(b) any restrictions imposed on the activities of the union by law relating to
charities, and
(c) where the establishment is one to which section 43 of the Education (No2)
Act 1986 applies (freedom of speech in universities and colleges), the
provisions of that section and of any code of practice issued under it,
relevant to the activities or conduct of the union.
(5) The governing body of every establishment to which this Part applies shall bring to
the attention of all students, at least once a year, and shall include in any
information which is generally made available to persons considering whether to
become students at the establishment-
(a) information as to the right referred to in subsection (2)(c)(i) and (ii), and
(b) details of any arrangements it has made for services of a kind which a
students’ union at the establishment provides for its members to be provided
for students who are not members of the union.
(6) In subsections (2), (4) and (5) the expression “all students” shall be construed asfollows-
(a) in relation to an association or body which is a students’ union by virtue of
section 20(1), the reference is to all students at the establishment;
(b) in relation to an association or body which is a students’ union by virtue of
section 20(2), the reference is to all undergraduate or graduate students at
the establishment or to all students at the hall of residence in question, as the
case may be:
(c) in relation to an association or body which is a students’ union by virtue of
section 20(3), the reference is to all the students who by virtue of section
20(1) or (2) are comprehended by that expression in relation to itsconstituent or affiliated associations or bodies.
(7) in this section the expression “members”, in relation to a representative body which
is not an association means those whom it is the purpose of the union to represent,
excluding any student who has exercised the right referred to in subsection
(2)(c)(ii).
(8) In subsection (2)(j) to (l) the references to affiliation to an external organisation, in
relation to a students’ union for students at an establishment, include any form of
membership of, or formal association with, an organisation whose purposes are not
confined to purposes connected with that establishment.
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(9) Subsection (2)(d) and (l)(ii) (elections and affiliations: requirements to hold secret
ballot of all members) do not apply in the case of an open or distance learning
establishment, that is, an establishment where the students, or the great majority of
them, are provided with materials for private study and are not required to attend
the establishment to any significant extent or at all.
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APPENDIX H
Code of Practice Relating to Student Unions approved by the Council of the
University of East Anglia
Preamble
Education
Act 1994
1. Section 22 of the Education Act 1994 (the Act) lays a duty Act 1994 on
the governing body of the University to:
Section 22(1) 1.1 take such steps as are reasonably practicable to secure that any student
union for students at the establishment operates in a fair and democratic
manner and is accountable for its finances.
Section 22(2) 1.2 n particular take such steps as are reasonably practicable to secure thatcertain requirements are observed by or in relation to any student union
at the establishment.
Section 22(3) 1.3 prepare and issue a code of practice as to the manner in which the
requirements are to be carried into effect and setting out details of the
arrangements made to secure the observance of each requirement.
Code of
Practice
2. In pursuance of its duties under the Act, the Council of the of
PracticeUniversity (the Council) has approved this Code of Practice
Relating to Student Unions.
Availability
of the Code
3. This Code will be reviewed from time to time and revised as necessary.
It will be published annually and copies will be made available to staff
and students.
Scope of the
Code
4. The Council has determined that this Code applies to:
4.1 the Union of UEA Students (the Union) (per Statute 24.1)
4.2 the Graduate Students’ Association (the GSA) (per Statute 25.1)
Unless explicitly stated, all references to the Union shall also
apply to the GSA, mutatis mutandis
5. In this Code the Union includes all members, officers and staff of that
organisation.
UNION CONSTITUTION
Section
22(2)(a):Requirement
for
Constitution
6. The Union is required to have a written Constitution, which mustincorporate, inter alia, the following provisions:
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Section
22(2)(d)
Appointment
of Voting
Executive
Officers
6.1 Appointment to major Union Offices (defined by the Council as voting
Executive Officers of the Union) to be by election in a secret ballot in
which all Union members are entitled to vote.
Section
22(2)(f)
Maximum/total
tenure of full-
time Executive
Officers
6.2 Prohibition on the holding by any one individual of full-time Union
Executive Office for more than two years in total at the University.
Availability of
Minutes and
Publication of
decisions
6.3 The stated availability at identified locations within the Union and the
University of notices and Minutes of all Union meetings at which Union
policy and/or action is or may be determined.
Section
22(2)(k)
Referendum on
External
Affiliations
6.4 Arrangements regarding the holding of referendum external affiliations.
(See paragraph 24.4 below)
Section
22(2)(b)Council
Approval of
Constitution
7. The Council shall (not withstanding the provisions of Statute 24.2, which
is overridden by the Act) approve the Union’s Constitution and review itat intervals of not more than five
Constitution years beginning in the academic year 1994-95.
Definition of
Constitution
8. For the purposes of the Act and in this Code the Constitution of the Union
of UEA Students is defined as:
8.1 a document entitled “The Constitution of the Union of UEA Students”.
8.2 Appendix A entitled “ Executive Officers’ Job Descriptions”.
8.3 Appendix B entitled “Procedures for Establishing a Club or Society”.
8.4 Appendix C entitled “Staff Protocol”.
8.5 Appendix D entitled “Election Regulations”.
8.6 Appendix E entitled “Standing Orders Governing the Conduct of
Meetings”.
8.7 Appendix F entitled “Standing Orders Governing Financial Procedures”.
8.8 Appendix G entitled “Part II of the Education Act 1994”
8.9 Appendix H entitled “Code of Practice relating to Student Unions
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approved by the Council of the University of East Anglia (and consisting
of this Code).
8.10 Appendix I Guidance issued by the Department for Education and
Science – September 1995.
9. For the purposes of the Act and in the Code the Constitution of the
Graduate Students’ Association is defined as:
9.1 a document entitled “University of East Anglia Graduate Students’
Association Constitution”.
9.2 Appendix A entitled “Duties of the Executive Officers”.
9.3 Appendix B entitled “Election Regulations”.
9.4 Appendix C entitled “Management Agreement with SUS (EA) Ltd”.
9.5 Appendix D entitled “Standing Orders governing the conduct of
meetings”.
9.6 Appendix E entitled “Standing Orders governing financial procedures”.
Appendix F entitled “Procedures for establishing a group, society or
club”
Appendix G entitled “Part II of the Education Act 1994”.
Appendix H entitled “U.E.A. Code of Practice relating to Student
Unions”.
Appendix I entitled “Guidance issued by the Dept. of Eduction and
Employment, Sept 1995”.
Procedures
Revisions
10 Proposals made to the University by the Union for amendments on
Revisions to its Constitution as approved by the Council shall be:
10.1 approved by the Union in accordance with its Constitution.
10.2 considered initially by the appropriate ad hoc joint body (established by
the Council to deal with Union constitutional matters) which shall make
its recommendations to the Council.
11 In considering recommendations regarding the Union’s constitution, the
bodies referred to in para 10 shall have regard to the provisions of this
Code.
UNION ELECTIONS
Section 22(2)(e) 12. The Union is responsible for ensuring that its elections are fairly
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Fair and Proper
Conduct of
Elections
and properly conducted in accordance with
12.1 the Education Act 1994
12.2 this code
12.3 the Union’s Constitution as approved by the Council.
Appointment of
Returning Officer
13. In accordance with its Constitution, the Union shall designate,
subject to acceptance by the Registrar and Secretary on behalf of
Officer the Council, a Returning Officer who is required to
satisfy the Council that the requirements specified in para 12 are
complied with.(Unless otherwise approved by the Registrar and
Secretary, Returning Officer of the Union of UEA Students shall
be the General Manager of the Union).
Role of Returning
Officer
14. The Returning Officer shall be responsible for advising the
Union if, at any time, any action, policy or decision taken or
under consideration by the Union, or any action taken by any
candidates in Union elections or by their supporters, appears to
the Returning Officer to be incompatible with any part of para
12 above. Should the position not be resolved by the Union to
the Returning Officer’s satisfaction, the Returning Officer is
required to inform the Registrar and Secretary in writing.
Non-Membership of the Union
15. A student has the right
Section 22(2)(c)
Right to Non-
Membership
15.1 not to be a member of the Union
15.2 if exercising that right, not to be unfairly disadvantaged with
regard to the provisions of services or otherwise by reason of
having done so.
Procedure andTiming of Opting-
Out
16. A student who wishes to exercise the right conferred in shouldinform in writing the General Manager of the Union and/or the
Permanent Treasurer of the GSA, who shall provide a written
acknowledgement. The student may reverse the decision (on one
occasion only within an academic year) by writing to the General
Manager and/or the Permanent Treasurer stating a wish to resume
membership, which will be acknowledged in writing: otherwise,
any decision to opt-out of Union membership shall hold good for
the remainder of the academic year in question.
17. A student who opts out of their membership shall be able to
Rights retained by
Non-Members
17.1 use all commercial services and facilities provided by Union.
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17.2 be a non-voting member of Union Clubs and Societies (see para
18 below).
17.3 use the Union’s Advice Centre.
18 The rights and restrictions of being a non-voting member of UnionSocieties shall be set out in the Union’s Constitution and shall be
stated in writing by the General Manager of the Union and/or the
Permanent Treasurer of the GSA to any student who opts out of
Union membership.
19. A student who opts out of Union membership shall not be able to
Rights Lost
By Non-Members
19.1 nominate, stand or vote in any Union, or Union Club/Society
election or in any National Union of Students (NUS) election
organised by the Union.
19.2 attend any Union meeting referred to in the Union’s Constitution
and/or any committee meeting of any Union Club/Society.
19.3 participate in the NUS via the Union.
FINANCIAL AFFAIRS
Proper Financial
Conduct
20. The Union is responsible for ensuring that all funds available
to it are used in accordance with
20.1 the Education Act 1994
20.2 this Code
20.3 the Union’s Constitution as approved by the Council
20.4 advice on Student Union expenditure as may be issued from
time to time by the Department for Education and
Employment
20.5 any restrictions imposed on the activities of the Union by law
relating to charities
Appointment of
Permanent
Treasurer
21. The Union shall designate, subject to acceptance by the
Registrar and Secretary on behalf of the Council, a Permanent
Treasurer who is required to satisfy the Council the
requirements specified in para 20 are complied with.
Role of Permanent
Treasurer
22 The Permanent Treasurer shall be responsible for advising the
Union if, at any time, any action, policy or decision takenunder consideration by the Union appears to the Permanent
Treasurer to be incompatible with any part of para 20 above.
Should the position not be resolved by the Student Union to
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the Permanent Treasurer’s satisfaction, the Permanent
Treasurer is required to inform the Registrar and Secretary in
writing.
23 The Union is required in respect of all funds available to it
(including those attaching to any subsidiary companies whichit owns) to:
Section 22(2)(g)
Proper Conduct of
Financial Affairs
23.1 ensure that accounts and accounting records are kept
accordance with normal professional accounting principles
23.2 maintain a sound system of internal financial management and
control
23.3 plan and conduct its financial affairs so as to ensure that its
total income is at least sufficient, taking one year with another,
to meet its total expenditure and that its financial solvency is
maintained
23.4 obtain the prior written consent of the Permanent Treasurer
(who shall consult the Registrar and Secretary on behalf of the
Council before providing such approval) to any transaction in
excess of such sum as the Council shall from time to time
specify, not being less than £25,000, involving land, buildings
or equipment
23.5 obtain the prior written consent of the Permanent Treasurer(who shall consult the Registrar and Secretary on behalf of the
Council before providing such approval) to the borrowing of
any money for a period in excess of 12 months
23.6 refrain from giving any guarantees or indemnities incurring
contingent liabilities other than in the normal course of
business
23.7 maintain adequate insurance cover as specified in a
Memorandum of Agreement on Property and Financial
Arrangements between the University and the Union
Section 22(2)(g)
Approval of
Budgets
23.8 prepare provisional budgets for the following financial year
23.9 obtain the approval of the Union to such budgets in
accordance with the provisions of its Constitution ands ubmit
them for scrutiny and approval by the Registrar and Secretary
at such times as the University may from time to time
reasonably determine.
23.10 obtain the prior written consent of the Permanent Treasurer
(who shall consult with the Registrar and Secretary on behalf
of the Council before providing such consent) to any
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expenditure not contained in a budget approved by the
Registrar and Secretary in excess of such sum as the Council
shall from time to time specify not being less than £25,000.
Section 22(2)(h) 23.11 prepare audited accounts and financial reports normally within
four months of the end of the financial year or by such otherdates as the University may from time to time reasonably
determine
23.12 obtain the approval of the Union to such accounts in
accordance with the provisions of its Constitution, notify their
availability at identified locations to all students and submit
them to the Planning and Resources Committee at such times
as the University may from time to time reasonably determine
23.13 provide reports of income and expenditure against budget for
consideration by the Union and the University annually, and at
such other times and for such periods as the University may
from time to time reasonably determine, and notify their,
availability at identified locations to all students
23.14 publish within annual accounts and financial reports
Section 22(2)(k)
Affiliated
Organisations
23.14.1 a list of currently affiliated external organisations relevant to
the generality of students.
23.14.2 details of subscriptions or similar fees paid to such externalaffiliated organisations in the past year on behalf of the
generality of students
Section 22(2)(h)
Declaration of All
Donations
23.14.3 details of any donations made to external organisations,
whether affiliated or not
(See also paras 24-25 below)
Section 22(2)(i) 23.15 establish in accordance with the provisions of its Constitution
written procedures for the allocations of resources to clubs and
societies which must be clear, fair and freely accessible to all
students. The procedures are to be reviewed annually by thePermanent Treasurer and shall be provided the Union to the
Dean of Students upon request.
EXTERNAL AFFILIATIONS
24. The Union is required to
Section 22(2)(j)
Decisions onExternal
Affiliations
24.1 publish notice of any decisions to affiliate, on behalf of the
generality of students, to an external organisation stating thename of each such organisation and details of any subscription,
fee or donation paid or proposed to be paid.
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Section 22(2)(k)
and (h) Annual
Lists
24.2 publish lists of such affiliations, payments and donations as
specified in para 23.14 above.
Section 22(2)(l)
Annual Review
24.3 submit the current list of such affiliations on behalf of the
generality of students for approval by the annual meeting of Union Council, in accordance with the provisions of its
Constitution.
Section 22(2)(l)
Referendum
24.4 hold a referendum in accordance with the provisions of its
Constitution on the question of continued affiliation to any
particular organisation.
24.4.1 if a motion to that effect is made and carried by a minimum of
4% of the ordinary members and
24.4.2 provided that no other referendum relating to affiliation to that
particular organisation has been held in the preceding twelve
month period.
Section 22(8)
Affiliation to
External
Organisations
Defined
25. For the purposes of paras 23.14 and 24 above, references to
affiliation to an external organisation, on behalf of
thegenerality of students, include any form of membership
of,or formal association with, an organisation whose purposes
are not confined to purposes connected with the University of
East Anglia.
COMPLAINTS PROCEDURE
26. Any student or group of students who is
Section 22(2)(n)
Rights of
Complaint
26.1 dissatisfied with their dealing with the Union or
26.2 claims to be unfairly disadvantaged by reason of their having
exercised the right referred to in para 15 above may make a
complaint, which should be dealt with promptly and fairly withan effective remedy if upheld.
27. A student or group of students making a complaint
27.1 under para 26.1 shall state it in writing to the officer specified
in the Union’s Constitution (after which paragraphs 28-34 shall
apply).
27.2 shall state it in writing to the Dean of Students (after which
paragraphs 35-36 shall apply).
28 On receipt of a complaint under para 26.1, the Union shall
investigate and respond to the complaint(s) in accordance with
the provisions of its Constitution and shall notify the
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complainant(s) in writing of the outcome (including
specification of any remedy if upheld) within twenty working
days of the date of receipt of the complaint.
29 If dissatisfied with the action taken by the Union, the
complainant(s) may within ten working days of the date of itsnotification appeal directly to the Dean of Students who shall
investigate the matter and issue a written report of findings to
the complainant(s) and to the Union (including specification of
any remedy if upheld) within ten working days of the date of
receipt of the appeal.
30. If dissatisfied with the action taken by the Dean of Students,
either the complainant(s) and/or the Union may within ten
working days of the date of its notification request the Dean of
Students to refer the report to the Registrar & Secretary with a
recommendation that the Council appoint an independent
person to investigate and report on the complaint.
31. On receipt of such a recommendation, the Registrar &
Secretary shall consult the Chairman of the Council who shall,
unless the Chairman determines the complaint to be frivolous,
make the appointment referred to in para 30 above on behalf of
the Council.
32. At the Chairman’s sole discretion and depending upon the
nature of the case, the independent person appointed so may beasked to
32.1 determine the matter on behalf of the Council or
32.2 make recommendations to the Council for its determination
33 The independent person shall as soon as practicable prepare a
written report on the complaint (including specification of any
remedy if upheld) and send it to the Registrar & Secretary who
shall
33.1 inform the complainant(s), the Union and the Dean of Students
of the contents of the report
33.2 submit the report to the Council at the next available
opportunity:
33.2.1. for information if para 32.1 applies
33.2.2. for determination if para 32.2 applies
34. The decision made under paras 32 and 33 above on the
outcome of the complaint and upon any remedy if upheld shall
be final.
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35. A student or group of students making a complaint under para
26.2 shall state it in writing to the Dean of Students who shall
investigate the matter and shall notify the complainant(s) in
writing of the outcome (including specification of any remedy
if upheld) within ten working days of the date of receipt of the
complaint.
SANCTIONS
37. Failure to comply with this Code or any statutory requirements
may require the repayment in whole or in part of funds paid by
the University to the Union, together with interest in respect of
any period during which a sum due to the University under this
or any other condition remains unpaid.
38. Breaches of this Code may lead to disciplinary procedures
within the University and may also be dealt with in the Courts
if they involve breaches of the law.
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APPENDIX I
GUIDANCE ISSUED BY THE DEPARTMENT FOR EDUCATION AND
EMPLOYMENT, SEPTEMBER 1995
1. Everyone who is involved with students’ unions, whether as a member or an officer,
needs to be aware that most students’ unions are charities and that they have to
comply with the law’s requirements for charities. The Education Act 1994 requires
governing bodies to draw to the attention of all their students at least once a year any
restrictions which the law of charities places on students’ unions. This booklet gives
general guidance which should be sufficient for this purpose.
2. In addition to general charity law, there are also statutory requirements which affect
the activities of students’ unions. These are described in paragraphs28 to 33 below.
3. The booklet supersedes the Attorney-General’s Guidance on expenditure by students’
unions which was issued in 1983.
What is a students’ union?
4. Students’ union is defined in section 20 of the Education Act 1994. It includes a body
representing or promoting the general interests of students at a university, at a college
or hall of a university. It does not need to be called a ‘students’ union’. For example
a student representative council, which represents the generality of students in matters
concerned with the government of the institution would be a students’ union. It doesnot include associations concerned with a single purpose, such as sport. If you are in
doubt, you should approach the governing body of the university or college, via the
secretary or clerk or the student representative.
Is your students’ union a charity?
5. Most students’ unions are charities. This is because they exist to further the
educational purposes of the universities or colleges to which they are attached. You
should assume that the students’ union at your university or college is a charity unless
you have been told otherwise by the governing body or by the Charity Commission.
6. If a students’ union is a charity, its objects (as set out in its constitution) normally
cannot be changed so as to make them non-charitable, even by a unanimous vote of
the union.
Union officers and others in the position of trustees
7. The officers of a students’ union are in the position of charity trustees. This also
applies to anyone else who is responsible for the general control and management of
the union: for example, the members of a management committee. The rest of this
booklet uses the word ‘officers’ to describe those who in fact have control andmanagement of the union, whatever they are called.
Responsibility of officers
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8. The officers are responsible for ensuring that union funds are only used for purposes
which are permitted by the unions’ constitution and promote the charitable objects of
the union. If funds are used improperly, the officers who allowed the expenditure may
be personally liable to repay the money. The misuse of funds can also lead to the loss
of tax benefits which derive from the union’s charitable status, and the officers may beliable to repay to the union any extra tax which has to be paid; see paragraph 23.
General guidance
9. As a broad, general rule, expenditure of a union funds is likely to be permitted only if
it furthers the interests of the students in a way that assists in the educational aims of
the university or college. This includes, of course, providing facilities for recreation
and leisure. Some examples of what is and is not permissible are given in this booklet.
10. The fact that a students’ union is a charity does not, of course, restrict students from
participating in any particular range of activities. It only prevents the use of the
union’s funds for purposes which are outside the objects of the charity. There is no
objection to students joining together to collect their own funds for any purpose for
which union funds cannot be used.
Bar, catering facilities, concerts etc
11. A students’ union may operate a bar, provide catering facilities, or organise concerts
etc subject to licensing and other legal requirements. Any profits will form part of the
union funds and must be applied for the purposes of the union. If the bar, catering
facilities, concerts etc are open to members of the public as well as to students, theprofits will normally be taxable.
12. If a students’ union owns facilities (such as vehicles or audio equipment or premises)
they can be lent or hired out to students as a means of assisting students in the
university or college. But the union must charge a proper commercial rate if the
facilities are hired to non-students or for any other use outside the union’s own
purposes.
Clubs and societies
13. Union funds can be used to support a campus newspaper, a wide range of clubs andsocieties in the university or college. These can include political clubs and societies
so long as these are dealt with in an even-handed way. Neither a students’ union nor
any of its clubs and societies can generally make donations to external organisations,
particularly political parties, or causes; see paragraph 22. However, clubs or societies
may, like the students’ union, affiliate to a relevant external organisation in certain
circumstances; see paragraph 20.
Campaigning and political activity
14. The circumstances in which funds and facilities can be used for campaigning (either
on local or national issues) are very limited. The first requirement is that the issue
must affect present and future members of the union as students. Examples of local
issues which might fulfil this requirement would be better street lighting near the
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campus, more public transport at night, or the provision of nursery places for the
children of students. An example of a national issue would be student loans or grants.
15. By contrast, union funds cannot be used to promote or support campaigns on matters
which may be of general interest or concern but which do not affect members of the
union as students. Examples would be industrial disputes, general campaigning onenvironmental matters, eg environmental policies and road building, or the treatment
of political prisoners in a foreign country. A students’ union cannot, for instance, pay
for coaches to transport students to demonstrations on such issues.
16. Funds also cannot be used to participate in party political demonstrations, or to
persuade members of the public to vote for or against a particular candidate or party in
local or national elections. By contrast, reasonable expenditure on debating matters of
common concern is permissible.
17. Even when an issue is one which affects students as such, the connection must be
sufficiently close to justify any expenditure which the union incurs. Officers need to
consider carefully whether the amount being spent is reasonable (a) in relation to any
benefit to students which may be expected, and (b) in relation to the financial
resources of the union and its other commitments.
18. If factual information is put forward as part of a campaign which the union can
properly support, officers of the union must take care that it is accurate and is not
distorted in any way.
Affiliation to NUS and other bodies
19. A students’ union can affiliate to the National Union of Students or other similar
organisations concerned with further and higher education and related training, and
can spend money on attendance by representatives at conferences, seminars and
training events organised by such organisations. This enables its members to be
represented at national, regional and local levels, and helps to ensure that the union’s
affairs are properly conducted.
20. A students’ union can affiliate to a campaigning alliance, even if the alliance includes
non-charitable organisations. But the issues on which the alliance is campaigning
must be of a kind with the union could campaign for directly itself; see paragraphs 14
to 18. Otherwise a students’ union, or any club or society (including a political club)can only affiliate to particular campaigns or external organisations for the purposes of
obtaining educational material or information to assist in the discussion and
expression of views. Any affiliation fee must be reasonable, and the test of
reasonableness will be similar to that mentioned in paragraph 17.
21. The Education Act 1994 also contains provisions about the making of donations and
affiliation to representative and other external organisations; see paragraphs 22 and 29.
Donations to other charities and organisations
22. The fact that a students’ union is a charity does not mean, of itself, that donations can
be made to other charities. Furthermore, neither a students’ union nor any club or
society can make donations to any external organisation or cause, particularly if it is
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political in nature – unless the organisation or cause has a connection with the welfare
of students at the particular university or college. None of this prevents a students’
union fund raising where those funds are passed directly to the intended recipients. So,
for example, there is nothing to prevent a students’ union holding a rag week to collect
money for various named charities or other causes and passing the money collected
from students or the general public directly to the organisation concerned.
Tax benefits
23. Like other charities, students’ unions enjoy fiscal benefits, including relief from
income tax. It is important that officers know about these benefits, so that tax relief is
not lost. Advice on this can be obtained from the Inland Revenue.
Further guidance
24. If the officers of a students’ union have any doubt whether any proposed expenditure
is within the proper objects of the charity, they should not hesitate to consult their
university or college authorities in the first instance and if necessary their legal
advisers or the Charity Commission. The costs of taking such advice can properly be
paid out of union funds.
25. The Charity Commission also publish two leaflets which you may find useful:
CC3 Responsibilities of Charity Trustees
CC9 Political Activities and Campaigning by Charities
These can be obtained by sending a large self-addressed envelope (10” by 7”) to any
of the Commission’s offices:
St Alban’s House 2nd
Floor Woodfield House
57/60 Haymarket 20 Kings’ Parade Tangier
London Queen’s Dock Taunton
SW1Y 4QX Liverpool Somerset TA1 4BL
L3 4DQ
26. The Charity Commission is always willing to give advice on any specific problem a
students’ union may have in connection with any matter discussed in this booklet andto consider the draft of any publications such as advertisements, appeals, newsletters
etc on which officers have doubts.
27. If the officers of any students’ union want advice from the Commissions on any matter
affecting their charity they should write to the appropriate address shown above. They
should enclose with their letter a full copy of the governing document(s) of the charity
(unless they know that the Commission already has a copy) and quote any reference
number which may have been pervious correspondence.
Other statutory provisions affecting students’ union
Freedom of speech
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28. Section 43 of the Education (No. 2) Act 1986 requires universities and colleges to take
such steps as are reasonably practicable to ensure freedom of speech within the law
for students, employees and visiting speakers. This involves seeing that the use of
premises (including students’ union premises) is not denied to anyone because of their
beliefs or politics. The governing body is required to maintain a code of practice in
connection with this.
The conduct of students’ unions
29. Section 22 of the Education Act 1994 requires the governing bodies of a university or
college (‘the governing body’) to take such steps as are reasonably practicable to
secure that a students’ union operates in a fair and democratic manner and is
accountable for its finances. This includes seeing that the following happens:
(a) the union has a written constitution which is subject to the approval of the
governing body and review by that body at intervals of not more than five
years;
(b) a student has a right not to be a member of the union or be represented by it – a
student who opts out in this way should not be unfairly disadvantaged in the
provision of services or otherwise;
(c) the holders of the major union offices are elected by secret ballot and that such
elections are fairly and properly conducted;
(d) no-one holds paid elected union office or ‘sabbatical’ office for more than two
years;
(e) the financial affairs of the union are properly conducted and there are
appropriate arrangements for the approval of the union’s budget and the
monitoring of expenditure, by the governing body;
(f) a financial report to the union is published at least every year and made
available to the governing body and to all students – the report should include
details of donations to external organisations;
(g) the procedure for allocating resources to groups or clubs is fair and available in
writing to all students;
(h) notice is published to all students of any decision to affiliate to an external
organisation and information is available as to the current list of organisations
to which the union is affiliated, and of any subscription or donation paid (the
Act also specifies a procedure for determining by secret ballot whether any
affiliation should continue); and
(i) a complaints procedure is available to students where they are dissatisfied in
their dealing with the union.
30. The governing body is required to maintain a code of practice relating to the above.
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31. The governing body is also required to draw the attention of all students to the
provisions of section 43 of the Education (No 2) Act 1986 (see paragraph 28), where
this is applicable, and of any code of practice issued under the section relevant to the
activities or conduct of the union.
32. The governing body is required at least once a year to bring to the attention of allstudents (and would-be students) the right not to be a member of the union or
represented by it. It is also required to give details of any arrangements it has made for
the provision of services to non-union members which are normally provided by the
union.
33. Students should follow the complaints procedure established by their institution if they
are dissatisfied in their dealings with the union or consider themselves unfairly
disadvantaged by reason of having opted out of membership.