1. Name

The Union formed under these rules shall be called Amicus.

2. Registered Office

The registered office of the Union shall be 35 King Street, Covent Garden, London, WC2E 8JG or such other place as may be decided from time to time by the National Executive Council.

3. Objects

The objects of the Union shall be, so far as may be lawful:

(a) To recruit, organise and represent workers who are eligible for membership of the Union.

(b) To promote equality and advance the interests and improve the working conditions of members irrespective of age, gender, sexual orientation, ethnic or national origin, creed or disability.

(d) To further political objectives within the United Kingdom, Ireland and the European Union in the manner provided in these rules.

(e) To be an affiliate of the Trades Union Congress, ICTU and other appropriate organisations.

(f) To promote co-operation and partnership arrangements with other appropriate organisations.

(g) To promote education, scientific and technical knowledge and training.

(h) To provide such benefits and legal assistance to members as may be specified in these rules.

(i) To do all such other things as may in the opinion of the National Executive Council be incidental or conducive to the attainment of these objects.

4. Membership

(1) Where the Union organises or represents persons engaged in an occupation or seeks to do so, any person engaged in that occupation shall be eligible for membership of the Union.

(2) Any eligible person may apply for membership by completing the appropriate application form agreeing to be bound by the rules of the Union and submitting it to any office of the Union. An applicant shall become a member when his/her application has been approved and he/she has been entered on the register of members.

(3) Each member must notify the Union’s registered office of any subsequent change of address, and in the absence of such notice the Union shall be entitled to treat the address shown on that member’s application form as the member’s address for all correspondence.

(4) If an applicant has previously been a member of the Union (or any of its predecessors), the National Executive Council may as a condition of re-admission require the applicant to repay some or all of any monies owed by the applicant to the Union.

(5) The National Executive Council may reject an application if in its opinion the conduct of the applicant has at any time been such as would justify a disciplinary charge under these rules against a member of the Union who behaved in a similar fashion.

(6) Each member shall be allocated to whichever of the following categories of membership is most appropriate:

(a) Full Time: Comprising members aged 21 or above who normally work 20 hours or more each week.

(b) Part Time: Comprising members aged 21 or above who normally work less than 20 hours per week.

(d) Training: Comprising all members who are undergoing an apprenticeship or a full time occupational, professional or government training scheme.

(e) Student: Comprising all members who are in full time higher or further education.

(f) Retired: Comprising all members who

(i) are permanently retired from work;

(ii) are permanently prevented from working on medical grounds; or

(iii) have been excused contributions for a continuous period of at least 24 months.

(g) Honorary: Comprising individuals who have been awarded honorary membership of the Union by the National Executive Council (or by any of the Union’s predecessors) as an acknowledgement of their outstanding contribution to society or their particular association with the Union.

A member may, if appropriate, be transferred to a different category and if a member’s circumstances change that member should apply for a transfer.

5. Contributions

(1) The rates of contribution for each category of membership shall be fixed by the National Executive Council from time to time. The National Executive Council may prescribe different rates of contribution for different methods of payment. The National Executive Council may also prescribe reduced rates of contribution for any member or group of members provided that such reduced rate shall not continue to apply to any member for more than 3 years (or such longer period as may be provided for in an instrument of transfer of engagements pursuant to which that member joined the Union) and a member who is paying (or who has been excused from paying) a reduced rate of contribution shall not be entitled to all the benefits available to members in his/her category of membership.

(2) A full time, part time or young member shall on production of such proof as the National Executive Council may require, be excused contributions for each complete week in which the member is in receipt of dispute benefit or unable to work because of pregnancy, childcare, sickness or involuntary unemployment and is not in receipt of maternity/paternity or sick pay from his/her employer equal to or exceeding that member’s net basic pay.

(3) If a member has been incorrectly excused contributions or allocated to a category of membership which attracts a lower level of contribution than the correct category for that member, the National Executive Council may, at its discretion, require that member to repay the difference in contributions and any amounts owing shall be treated as arrears of contributions.

(4) Any monies owed by a member to the Union which remain outstanding for 13 weeks shall be treated as arrears of contributions.

6. Eligibility To Hold Lay Office

(1) For the purposes of these rules, lay office means any position to which a member may be elected pursuant to these rules (including the position of delegate to other bodies whether constituted within or outside these rules) but it excludes any position which entails employment by the Union.

(2) A member whose contributions are not more than 13 weeks in arrears shall be eligible to hold any lay office in the Union.

(3) Honorary members shall not be eligible to hold any lay office.

(4) A member aged 65 or over shall only be eligible to hold lay office as a branch officer or a delegate to a Constituency Labour Party or Trades Council unless he/she can produce such evidence as shall satisfy the National Executive Council that he/she is in full time paid employment. A member aged 70 or over shall only be eligible to hold any lay office with the approval of the National Executive Council. A retired member may be elected by a Retired Members Forum to be a delegate to the Retired Members National Advisory Committee or to attend the Regional Council as an observer irrespective of his/her age.

(5) A member who;

(a) is or has been within the last 5 years an employee of the Union (or any of its predecessors);

(b) who is or has ever been a full time officer of the Union or any of its predecessors; or

shall only be eligible to hold lay office in a branch, as a branch delegate to a Constituency Labour Party or as a workplace, safety or learning representative except that a former employee of the Union (or any of its predecessors) may hold such other lay office within the Union’s political structure as the National Executive Council may agree in respect of that member.

7. Period of Membership

(1) Any period in which a member’s contributions are 13 or more weeks in arrears shall break continuity of membership for the purposes of qualification for holding office within the Union or receiving benefits save where a member establishes to the satisfaction of the National Executive Council that the arrears arose through no fault of that member. If a member pays off his/her arrears of

contributions and then maintains his/her contributions at less than 13 weeks in arrears for a continuous period of 26 weeks, that period of arrears shall no longer break continuity of membership.

(2) Membership of the trade unions which amalgamated to form the Union or of a trade union which has transferred its engagements to the Union shall count for the purposes of calculating a member’s length of membership.

(3) A member whose contributions are recorded at the Union’s registered office as more than 6 months in arrears, may be excluded by posting notice to that effect to the member. A member so excluded may apply for reinstatement which may be allowed on such terms as to payment of outstanding arrears as the National Executive Council may consider appropriate.

8. Expenses

A lay member engaged on Union business shall be entitled to such expenses and in such circumstances as may be decided by the National Executive Council from time to time provided that the method of calculating such expenses and any subsequent alteration thereto must be reported to and shall cease to have effect unless ratified by the next Policy Conference of the Union.

9. Benefits

(1) A member shall only be entitled to the benefits set out in this rule if he/she has paid (or been excused) contributions for 26 weeks and his/her contributions are not more than 13 weeks in arrears. Honorary members shall not be entitled to any of these benefits.

(2) No member shall be entitled to receive more than 1 of these benefits at the same time or arising out of the same circumstances except that, where appropriate, a member may receive legal assistance in addition to another benefit.

(3) Any arrears of contributions or other monies owed by a member to the Union shall be deducted from any monies payable to the member pursuant to these benefits.

(4) If a member or his/her dependant(s) has received any benefit or benefits to which he/she was not entitled, the member or his/her dependant(s) shall repay the monies involved to the Union unless the National Executive Council decides otherwise.

(5) The monies payable under these benefits are set out in the schedule to these rules.

Dispute Benefit

(6) A member who takes part in industrial action which has been called for in accordance with these rules and continues to be authorised by the National Executive Council and which involves being out of work for 3 or more consecutive working days shall be entitled to dispute benefit.

(7) The National Executive Council shall have a discretion whether to pay dispute benefit to:

(a) A member who has been taking part in industrial action which involves him/her being out of work for 3 or more non-consecutive working days.

(b) A member who has been locked out (i.e. prevented from working by his/her employer pursuant to a trade dispute) for 3 or more working days.

(8) A member who fails to claim dispute benefit within 3 months from first being out of work shall forfeit entitlement to that benefit.

Victimisation Benefit

(9) A member who in the opinion of the National Executive Council has been made unemployed solely or mainly as a result of his/her membership and/or activities on behalf of the Union may be granted such financial assistance for up to 26 weeks as the National Executive Council may decide.

Legal Assistance

(10) A member who is entitled to benefit who suffers injury or disease arising out of or in connection with his/her employment (or the dependants of such a member who has died) shall be entitled to such legal advice and representation and on such terms as the National Executive Council may consider appropriate.

(11) A member seeking legal assistance must ensure that a request in the appropriate form is lodged at the appropriate Union office in sufficient time and with sufficient information to enable the request to be considered and appropriate action taken.

(12) A member who requires advice and/or representation on a problem relating to the member’s employment which first arose at a time when the member was entitled to benefit and which cannot be resolved through the member’s workplace representative should refer the matter to the appropriate Regional Officer. The Union shall provide such advice and/or representation whether by a full time officer or otherwise and on such terms as the National Executive Council shall consider appropriate.

(13) The National Executive Council may provide such additional legal advice and representation to members and to members’ families as it may consider appropriate.

(14) The National Executive Council may extend legal assistance to a member who is not otherwise entitled to benefits.

(15) A member who is given advice and/or representation under this rule shall provide all relevant information and co-operate fully with the compilation of evidence for any legal proceedings. If a member fails to do so or provides false or misleading information or fails to act upon the advice of those appointed to represent him/her, the National Executive Council may at its absolute discretion annul all legal assistance or withdraw any further legal assistance to that member.

Permanent Disablement Grant

(16) A member who is permanently incapacitated as a result of an accident while engaged on his/her usual employment at a time when that member was entitled to benefits may claim a disablement grant.

(17) The National Executive Council shall be entitled to call for such evidence on the nature and cause of the member’ incapacity as it shall think fit and it shall have an absolute discretion whether or not to make such a grant.

Fatal Accident Grant

(18) Fatal accident grant shall be payable on the death of a member within 12 months of and as a result of an accident at or while travelling to or from the member’s usual employment, provided that at the time of the accident the member was entitled to benefits.

(19) This grant shall be payable at the National Executive Council’s absolute discretion to any surviving dependant or dependants of the deceased member. The National Executive Council shall be entitled to call for such evidence as it shall think fit before approving payment.

Other Benefits

(20) The National Executive Council may provide such other benefits as it may in its absolute discretion consider appropriate provided that the cost of such benefits shall be specified in the Union’s annual financial report.

(21) A member who as at 31 December 1995 was a member of the AEU Section of the AEEU eligible to receive unemployment, sickness and, where appropriate, superannuation benefits, shall continue to be eligible to receive such benefits in accordance with the conditions set out in the rules of that Section as at 31 December 1995 The National Executive Council may prescribe different rates of contribution for such members.

(22) [Provision for MSF Closed Benefits – yet to be drafted].

Other Services

(23) The National Executive Council may provide and permit other organisations to provide to members and their households insurance, financial, legal, consumer and other services and products and loyalty or other similar schemes and may provide and permit other organisations to provide information by direct mailing or otherwise to members and their households concerning such services, products and schemes.

10. Workplace Representation

(1) In each establishment where the Union provides representation, the members employed at that establishment shall elect from amongst themselves at meetings convened for the purpose 1 or more (a) workplace representatives (or shop stewards); (b) safety representatives; and (c) learning representatives. All such elected representatives must be eligible to hold lay office. Where appropriate either the members themselves or their elected workplace representatives may elect 1 of the workplace representatives as a senior representative (or convenor). All such positions shall be subject to re-election after 2 years or such shorter period as may have been agreed by the members at the time of the election.

(2) It shall be the responsibility of the representative who has been elected to notify the appropriate Regional Officer of the Union as soon as possible of his/her name and address and the position to which he/she has been elected.

(3) A workplace representative shall convene meetings of all members employed in the establishment that he/she represents when he/she thinks proper. A special meeting shall be convened when requested by 1 quarter of those members. At a special meeting a representative may be removed from office by a vote of the members present.

(4) Each workplace, safety and learning representative shall comply with the rules, policy and objectives of the Union.

11. Industrial/Occupational/Professional Sectors

(1) Members shall be allocated to an industrial, occupational or professional sector. Members who are not allocated to an occupational or professional sector shall be allocated to an industrial sector by reference to the employer by whom they are (or in the case of unemployed members were last) employed.

(2) The National Executive Council shall decide to which sector each employer shall be allocated. Employers who are not allocated to a more appropriate sector shall be included in the general industrial sector.

(3) If the Union does not have a record of a member’s employer, that member shall be allocated to the industrial sector, which the National Executive Council considers most appropriate. Honorary, student and retired members shall not be members of a sector.

(4) Members employed in managerial, professional, supervisory, technical and/or clerical grades may, where appropriate, be organised and represented separately from other members in the same industry.

(5) The National Executive Council shall decide and may, from time to time, alter the number and description of the sectors provided that when these rules first come into force the sectors shall include:

Aerospace

Business Services

Chemicals, Pharmaceuticals and Process

Construction and Contracting (to include Heating and Ventilating)

Education

Electrical Engineering, Electronics and Information Technology

Energy

Federation of Professional Associations – CMA

– Manufacturing Staff (where appropriate)

Finance

Food, Drink and Tobacco (to include Tobacco Workers Section)

Foundry

General Industries

Government Departments

Health Service (to include CPHVA)

Local Authorities

Metals

Motor Components

Motor Vehicles

Servicing

Transport

Voluntary and Not for Profit

For the avoidance of doubt the above list is not exhaustive.

(6) Subject to the provisions of these rules each sector shall have autonomy to decide its own policies and objectives and, wherever practicable, to preserve its internal structures and those of the groupings, if any, operating within that sector.

12. Sector Conferences and Committees

Company or Occupational Advisory Committees

(1) In order to ensure adequate exchange of information and co-ordination of policy in respect of a particular employer or occupation where the Union has substantial membership the National Executive Council may convene an Advisory Committee nationally or in a particular geographic area. The committee shall consist of such workplace, safety and/or learning representatives from each establishment or occupation as the National Executive shall determine and shall be chaired by a representative elected by and from the Committee.

Regional Sector Conferences

(2) Every 2 years and on other such occasions as it may consider appropriate, the National Executive Council shall convene Regional Sector Conferences for each Sector. The National Executive Council shall decide the number of delegates and substitute delegates to be elected by and from each Regional Sector Conference and the number of motions that may be submitted by each conference. The National Executive Council may group regions together in order to convene a Regional Sector Conference which covers more than 1 region.

(3) Each workplace representative working in that sector in the relevant region or regions shall be entitled to attend the Regional Sector Conference.

(4) Each Regional Sector Conference shall receive reports from the National Executive Council on matters relating to that sector and elect delegates and submit motions to the National Sector Conference for that sector. If the Regional Sector Conference is entitled to elect a member or members of a Regional Council he/she/they shall be elected by and from the workplace representatives from that region.

Regional Sector Committees

(5) The National Executive Council shall, normally at least twice a year and on such other occasions as it shall consider appropriate, convene a Regional Sector Committee consisting of the delegates to the National Sector Conference elected by one or more of the Regional Sector Conferences together with such additional committee members, elected by and from the same Regional Sector Conference(s), as the National Executive Council shall call for. The Regional Sector Committee shall receive reports and be consulted on issues relating to that sector.

National Sector Conferences

(6) Each National Sector Conference shall meet every 2 years. The National Executive Council shall decide the number of delegates to the Policy Conference of the Union that may be elected by and from each National Sector Conference so as to ensure, so far as is reasonably practicable, that the number of delegates fairly reflects the number of members in that sector. The National Executive Council shall also decide the number of motions to the Policy Conference that may be submitted by each National Sector Conference. Each Regional Sector Conference shall be entitled to submit motions to the National Sector Conference for that purpose. Such motions shall be confined to matters concerning the general policy of the Union and shall not deal with matters relating to the interpretation or amendment of rule or which are concerned solely with the Union’s policy within that sector.

National Sector Committees

(7) The National Sector Committee shall consist of delegates elected by and from the National Sector Conference. It shall meet at least once each year and on such other occasions as the Committee may consider appropriate and as shall be approved by the National Executive Council. The National Sector Committee shall receive reports from and be consulted by the National Executive Council on matters relating to that sector and shall assist in resolving problems relating thereto. Each National Sector Committee shall consider the motions submitted to the Policy Conference of the Union and may submit amendments to those motions. It may also amend (or with the consent of the National Executive Council substitute) a motion submitted by the National Sector Conference for that sector in order to take account of events since that Conference met. The National Executive Council shall decide the size of each National Sector Committee and the number of amendments to motions that may be submitted by each Committee.

National Executive Council Members

(8) A member of the National Executive Council who is a workplace representative shall be eligible to attend his/her Regional Sector Conference and be elected as a delegate to the Regional Sector Committee and the National Sector Conference and Committee. A member of the National Executive Council who is a member of a sector but is not a delegate to that sector’s National Sector Conference or Committee shall nevertheless be entitled to attend and take part in the meetings of those bodies but shall not be entitled to vote on any matter.

Sector Policy and Objectives

(9) Subject to the provisions of clauses (6) and (7) above, Sector and National Sector Conferences and Committees shall only consider matters relating to their sector. Policy decisions of the National Sector Conference shall decide the Union’s policy for that sector and decisions of the National Sector Committee shall decide the Union’s objectives for that sector provided that they are not inconsistent with the general policy and objectives of the Union.

Members not eligible to be a Workplace Representative

(10) A member who is employed in an establishment where the Union has workplace representatives but who is in a position or grade which means he/she is not eligible to be elected as a workplace representative shall be entitled, if the workplace representatives from that establishment consent, to be treated for the purposes of this rule as though he/she was a workplace representative.

Substitute Delegates

(11) A member who ceases to be a workplace representative in the appropriate sector shall immediately cease to be eligible to attend any Regional or National Sector Conference or act as a delegate from that body. Regional and National Sector Conferences shall elect substitute delegates to take the place, when practicable, of any delegate who is ineligible or unable to attend a meeting.

Chairs and Secretaries

(12) Each Regional and National Sector Conference and Committee shall be chaired by a representative or delegate elected by and from the Conference or Committee. The National Executive Council shall nominate a full time officer to convene and act as secretary to each Sector Conference and Committee.

Alternative Structures

(13) The National Executive Council may adapt the structures set out in this rule to enable a particular industrial, occupational or professional sector to operate in a manner which in the opinion of the National Executive Council is best suited to representing the interests of the members in that sector and thereafter the National Executive Council may from time to time after appropriate consultation alter the internal structures of a sector, provided always that only workplace representatives from that sector shall be entitled to be elected as delegates to the Policy or Rules Conference of the Union, to vote on motions or amendments to motions to be submitted to such conferences, or to be members of Regional or National Sector Committees.

13. United Crafts

There shall be a United Craft Conference, United Craft National Committee, craft committees and craft branches whose composition shall, so far as is practicable and consistent with the other provisions of these rules, be the same as the equivalent bodies in the Manufacturing, Science and Finance Union (“MSF”) immediately prior to 1 January, 2002.

14. Groups or Associations

The National Executive Council may approve byelaws to govern the activities of a group or association of members. In the event of a conflict between the rules of the Union and the byelaws of a group or association the rules shall prevail except where the byelaws expressly provide otherwise. Any amendment to the byelaws shall require the approval of the National Executive Council notwithstanding any provision to the contrary in those byelaws. [Transitional provision to allow existing byelaws to operate – yet to be drafted.]

15. Gender and Ethnic Balance

All conferences, committees and councils of the Union shall endeavour to ensure that the gender and ethnic balance of elected representatives reflects that balance within the membership they represent. To that end, the National Executive Council shall take such steps and establish such mechanisms as it considers appropriate to identify the extent of any imbalance and to encourage and assist members of under-represented groups to attain elected office within the Union. The National Executive Council shall report to the Policy Conference of the Union on the progress made towards this objective.

16. Equalities

Regional Equality Forums

(1) Each Regional Council shall organise Regional Equality Forums for (a) Young, (b) Black and Ethnic Minority, (c) Disabled and (d) Lesbian, Gay, Bisexual and Trans members every 2 years. These forums shall be chaired by a lay member elected by and from the forum.

(2) Each Regional Forum may elect a delegate to the Regional Council and elect delegates and submit motions to the National Equality Conference for that group.

National Equality Conferences

(3) There shall be National Equality Conferences for (a)Young, (b) Black and Ethnic Minority, (c) Disabled and (d) Lesbian, Gay, Bisexual and Trans members every 2 years. Each conference shall be entitled to elect delegates to a National Equality Committee, to submit motions and elect a delegate or delegates to the Policy Conference of the Union and to such other bodies as the National Executive Council may decide. All such delegates shall be elected by and from the delegates to the conference.

(4) Each National Equality Conference shall review the implementation and development of the Union’s policies relating to the group represented by that conference, receive a report from and make recommendations to the National Executive Council and consider such other business as may be referred to it by the National Executive Council.

(5) Each National Equality Conference shall be chaired by a delegate elected by and from the Conference. The National Executive Council shall nominate a full time officer to convene and act as secretary to each National Equality Conference.

(6) Each delegate elected by the Regional Equality Forums and the National Equality Conferences shall whenever possible be a workplace, safety or learning representative.

(7) Regional Equality Forums and National Equality Conferences shall elect substitute delegates to take the place, when practicable, of a delegate who is ineligible or unable to attend a meeting.

National Equality Committees

(8) There shall be National Equality Committees for (a) Young, (b) Black and Ethnic Minority, (c) Disabled and (d) Lesbian, Gay, Bi-sexual and Trans members. They shall meet at least twice a year and on such other occasions as the Committee may consider appropriate and as shall be approved by the National Executive Council. Each Committee shall be chaired by a lay member elected by and from the Committee. The National Executive Council shall nominate a full time officer to convene and act as secretary to each Committee.

(9) The National Equality Committee shall receive reports from and be consulted by the National Executive Council on the implementation and development of the Union’s policies relating to the group represented by that Committee and shall assist in promoting the interests of that group and endeavouring to ensure that those interests are properly represented within the Union’s structures.

(10) The National Equality Committees shall consider the motions submitted to the Policy Conference of the Union and may submit amendments to those motions.

(11) The National Executive Council shall decide the number of delegates and substitute delegates that may be elected by and the number of motions that may be submitted by each Regional Equality Forum and each National Equality Conference and the number of amendments to motions that may be submitted by each National Equality Committee.

17. Women’s Structure

Regional Women’s Conferences

(1) Each Regional Council shall convene a Regional Women’s Conference in each region of the Union. Each female workplace, safety or learning representative shall be entitled to attend the Regional Women’s Conference for the region in which she works. Each branch in the region shall be entitled to elect a female delegate to attend the Conference.

(2) The Regional Women’s Conference shall meet every 2 years to review the implementation and development in that region of the Union’s policies relating to women, receive reports from and make recommendations to the National Executive Council and the Regional Council and consider such other business as may be referred to it by the National Executive Council. The conference shall be chaired by a lay member elected by and from the conference. It shall elect delegates and substitute delegates and submit motions to the National Women’s Conference and elect delegates to the Regional Council and the Regional Women’s Committee. The National Executive Council shall decide the number of delegates and substitute delegates and the number of motions that may be submitted by each Regional Women’s Conference. Not less than 75% of the delegates and 75% of the substitute delegates shall be elected by and from the workplace, safety and learning representatives and the balance by and from the branch delegates. The National Executive Council shall appoint a full-time officer to act as secretary to the Regional Women’s Conference and to submit a report on its proceedings to the National Executive Council.

Regional Women’s Committees

(3) The Regional Council shall convene at least 4 times a year and on such other occasions as it shall consider appropriate a Regional Women’s Committee consisting of the delegate(s) to the Regional Council and the delegates to the Regional Women’s Committee elected by and from the Regional Women’s Conference. The Regional Women’s Committee shall promote the implementation and development in the region of the Union’s policies relating to women, assist in promoting the interests of female members of the Union in the region, make recommendations to the Regional Council and consider such other business as may be referred to it by the Regional Council or the National Executive Council.

National Women’s Conference

(4) The National Women’s Conference shall meet every 2 years. It shall review the implementation and development of the Union’s policies relating to women, receive a report from the National Executive Council and consider such other business as may be referred to it by the National Executive Council. In particular, the National Women’s Conference shall consider the position in each region, identify action to be taken by the Regional Women’s Conferences and receive reports thereon. It shall be entitled to submit motions to the Policy Conference of the Union and to elect delegates and substitute delegates from the conference to the Policy Conference of the Union, the Trades Union Congress and the Trades Union Congress Women’s Conference and the Labour Party National Women’s Conference. The National Executive Council shall decide the number of motions that may be submitted and the number of delegates and substitute delegates that may be elected by the National Women’s Conference.

(5) The National Women’s Conference shall be chaired by a delegate elected by and from the Conference. The National Equalities Officer shall act as secretary to the National Women’s Conference.

National Women’s Committee

(6) The National Women’s Conference shall elect delegates from the conference to a National Women’s Committee which shall meet at least twice each year and on such other occasions as the Committee may consider appropriate and as shall be approved by the National Executive Council. The Committee shall be chaired by a lay member elected by and from the Committee. The National Equalities Officer shall convene and act as secretary to the Committee. The National Women’s Committee shall receive reports from and be consulted by the National Executive Council on the implementation and development of the Union’s policies relating to women and shall assist in promoting the interests of female members of the Union and endeavouring to ensure that those interests are properly represented within the Union’s structures. The National Women’s Committee shall consider the motions submitted to the Policy Conference of the Union and may submit amendments to those motions. The National Executive Council shall decide the number of amendments to motions that may be submitted by the National Women’s Committee.

(7) When deciding the number of delegates to be elected by and from the Regional and National Women’s Conferences, the National Executive Council shall have regard to the number of female members in the relevant region or, as the case may be, in the Union as a whole.

(8) A member who ceases to be a workplace, safety or learning representative shall unless she is a branch delegate immediately cease to be eligible to attend a Regional Women’s Conference or to act as a delegate from that body. The Regional and National Women’s Conferences shall elect substitute delegates to take the place when practicable of any delegate who is ineligible or unable to attend a meeting.

(9) A female member of the National Executive Council who is a workplace, safety or learning representative or who is elected as her branch delegate shall be entitled to attend her Regional Women’s Conference and to be elected as a delegate to the Regional Women’s Committee and the National Women’s Conference and Committee. A female member of the National Executive Council who is not a delegate to the National Women’s Conference and Committee shall nevertheless be entitled to attend and take part in the meetings of those bodies but shall not be entitled to vote on any matter.

18. Retired Members

(1) The Regional Councils shall organise Retired Members Forums. Each forum shall be chaired by a lay member elected by and from that forum.

(2) The forums shall elect delegates to the National Advisory Committee and decide on motions to be submitted to that committee. The forum(s) in a region shall elect a retired member to attend meetings of the Regional Council for that region as an observer.

(3) The National Advisory Committee shall meet at least twice each year and on such other occasions as the Committee may consider appropriate and as shall be approved by the National Executive Council. It shall be consulted by and may submit motions to the National Executive Council on matters concerning the interests of retired members. It shall be chaired by a delegate elected by and from the Committee. The National Executive Council shall nominate a full time officer to convene and act as Secretary to the Committee.

19. Branches

(1) Every member of the Union shall be a member of an occupational, company, workplace or geographic branch. If a new member is employed in an occupation, by a company or at a workplace for which there is a designated branch, the member shall be allocated to that branch. In all other cases, a new member shall be allocated to a branch for the area where that member resides.

(2) A member of a branch who applies to transfer to a new branch shall be transferred to that branch if the member can show that if he/she were a new member, he/she would be eligible to be allocated to that branch.

(3) The National Executive Council shall have the power to establish, close or merge branches and to transfer members between branches in order to constitute workplace, occupational, company or geographic branches but it shall not implement any proposed change until it has given the appropriate Regional Council(s) and the branches affected an opportunity to make written representations on the proposal and has considered those representations. A Regional Council may make proposals to the National Executive Council for it to exercise its powers under this clause.

(4) Each branch shall meet once each month at the designated meeting time and place. A branch which immediately prior to 1 January, 2004 met at a frequency other than once each month may continue to do so. A branch may decide to change its meeting time or place or the frequency of its meetings provided it obtains the Regional Council’s approval before implementing that change. If the Regional Council rejects the change, the branch may appeal in writing to the National Executive Council whose decision shall be final.

(5) When there is an urgent need to deal with branch business before the next scheduled meeting, the branch officers may with the consent of the National Executive Council summon a special meeting of the branch by in the case of a workplace branch giving 7 days’ notice of the meeting on union notice boards of the workplace and in all other cases by sending a written notice of the meeting to each member of the branch at the address notified to the Union by that member.

(6) The National Executive Council shall issue standing orders to regulate the conduct of branch meetings and business and may amend the standing orders from time to time. Those standing orders may only be varied in respect of a branch with the prior approval of the National Executive Council. The quorum for a branch meeting to make a decision on any matter shall be 5 members and all matters should be decided by a simple majority of those voting. If the votes are equal the proposition before the meeting shall fail.

(7) The branch officers shall be the branch chair, secretary and treasurer and such other officers as the branch may elect. They shall be elected by the branch meeting in September and shall hold office for 2 years commencing the following 1 January. In the event of a vacancy, a replacement shall be elected for the remainder of the term.

(8) The branch chair shall preside over all meetings of the branch and shall ensure that business is conducted in accordance with the rules and branch standing orders. If the chair is absent from a branch meeting, those present shall elect a substitute to take his/her place for that meeting. The chair shall be entitled to vote on all matters to be decided by the branch but he/she shall not have a second or casting vote.

(9) The branch secretary shall be responsible for the general administration of the branch including maintaining the branch membership, financial and other records in the manner required by the National Executive Council, taking and preserving branch minutes and conducting all correspondence on behalf of the branch.

(10) The branch treasurer shall be responsible for dealing with financial transactions concerning the branch, ensuring that all payments are made in accordance with the rules of the Union, receiving contributions from members who pay at the branch and banking monies. He/she shall provide the branch secretary with a record of all financial transactions and shall ensure that they are accurately recorded in the branch records and that all monies are dealt with in accordance with the rules and the instructions of the National Executive Council.

(11) If a branch is unable to fill a vacancy for secretary or treasurer, the National Executive Council may appoint a full time officer to fulfil the duties of that office until such time as the branch is able to fill the position. In circumstances where a full time officer is acting as secretary and/or treasurer of a branch immediately prior to [the coming into effect of these rules] he/she may continue to do so until such time as the branch is able to fill the position.

(12) Branch secretaries and treasurers other than full time officers shall each receive an honorarium as determined by the National Executive Council.

(13) Each branch shall be entitled to incur general purposes expenditure up to 3% of the contributions paid by the members of the branch in that calendar year. That expenditure may be used to meet the cost of administering the branch; for recruitment and other campaigns approved by the National Executive Council; for local affiliations; to assist members or their dependants who have suffered misfortune; or for any other worthy cause but no general purposes expenditure shall be incurred for political objects or in connection with any form of industrial action. The National Executive Council shall make funds available for branch general purposes expenditure in accordance with this clause provided that the proposed expenditure is in accordance with guidelines issued by the National Executive Council and (with the exception of the cost of branch administration) has been approved by a branch meeting. One third of the branch general purposes fund shall be available to the branch in 4 equal instalments at the beginning of each quarter. The branch shall be required to account for all expenditure of that fund before drawing subsequent quarters’ instalments. The balance of the funds available for general purposes expenditure shall be made available on application by the branch.

(14) All the books and effects of the branch shall be the property of the Union and shall on request by the National Executive Council be produced for inspection and audit. In the event of the closure, merger or dissolution of the branch, those books and effects shall be dealt with as directed by the Regional Council subject to the overall control of the National Executive Council.

20. Regional Branch Conferences and Committees

(1) Each Regional Council shall convene a Regional Branch Conference which shall meet every 2 years to elect by and from the conference members of the Regional Council and delegates to the Policy Conference and to decide on motions to be submitted to the Policy Conference. Each branch in a region shall be entitled to elect 1 delegate for each 1,000 members of the branch or part thereof and to submit a motion to the Regional Branch Conference.

(2) The National Executive Council shall decide the number of motions to the Policy Conference that may be submitted and the number of delegates and substitute delegates to the Policy Conference that may be elected by and from each Regional Branch Conference, provided that the National Executive Council shall ensure that so far as reasonably practicable, the number of delegates to be elected by each Regional Branch Conference shall fairly reflect the number of paying members in that region. Each Regional Branch Conference shall elect substitute delegates to take the place, when practicable, of any delegate who is ineligible or unable to attend a meeting.

(3) Each Regional Branch Conference shall be chaired by a delegate elected by and from the Conference. The Regional Secretary shall act as secretary to the Regional Branch Conference.

(4) Each Regional Branch Conference shall receive and debate reports from the National Executive Council on the affairs of the Union and from the Regional Council on activities within the Region.

Regional Branch Committees

(5) The delegates to the Policy Conference from each Regional Branch Conference shall constitute the Regional Branch Committee. Each Regional Branch Committee shall consider the motions submitted to the Policy Conference and may submit amendments to those motions. It may also amend (or with the consent of the National Executive Council substitute) a motion submitted by the Regional Branch Conference for that region to take account of events since that Conference met. Each Regional Branch Committee shall consider such other business as may be referred to it by the National Executive Council or the Regional Council. The National Executive Council shall decide the number of amendments to motions that may be submitted by each Regional Branch Committee.

21. Regional Councils

(1) The Union shall be divided into 12 regions comprising Ireland, Scotland, Wales and 9 regions in England based on the boundaries of the Regional Development Agencies. Each region shall comprise all the members of branches which meet in that region. The National Executive Council shall allocate the members of branches in the Isle of Man and the Channel Islands to appropriate regions.

(2) There shall be a Regional Council in each region (except Ireland), consisting of:

(a) Members elected by and from the industrial, occupational or professional sectors who are workplace representatives employed in the region;

(b) Members elected by and from the Regional Branch Conference for that region;

(d) Members elected by and from the Regional Equality Forums in the region.

In addition, a retired member elected by and from the Retired Members Forum(s) in the region shall be entitled to attend the meetings of the Regional Council as an observer.

(3) The National Executive Council shall decide the size of each Regional Council. After deciding the number of women members to be elected by the Regional Women’s Conference it shall ensure that at least 75% of the remaining members of the Regional Council shall be elected by and from the industrial, occupational or professional sectors and the balance by and from the Regional Branch Conference and the Regional Equality Forums for that region.

(4) The Regional Council shall endeavour to advance the effective implementation of the Union’s policies and the attainment of its objectives within the region. It shall receive reports from the Regional Secretary and other officers and staff on the Union’s activities within the region. The Council shall seek to initiate and co-ordinate activities relating to the recruitment and retention of members; education and training of workplace, safety and learning representatives; promotion of health and safety at work; and equalities issues.

(5) Members of the Regional Council shall be elected for a period of 2 years. At the first meeting of the new Regional Council, it shall elect from among its members a Chair and 4 members each of whom shall have special responsibility for one of Finance, Health & Safety, Education or Equalities. Those 5 members of the Regional Council together with such additional members elected by and from the Regional Council as the National Executive Council may approve shall constitute the Regional Management Committee. At least one member of the Regional Management Committee shall be a woman. The retired member elected by the Retired Members Forum(s) as an observer shall not be eligible to vote or to be elected by the Regional Council to be a member of the Regional Management Committee or to any other position. The Regional Council may at any time remove a member of the Committee and elect a replacement and it shall do so if a member is unable or ineligible to continue to perform his/her duties as a member of the Regional Management Committee.

(6) The Regional Council shall meet 6 times each year. The Regional Management Committee shall progress the decisions of the Regional Council between meetings of the Council and shall liaise with the Regional Secretary for that purpose. The Regional Management Committee shall meet between each Regional Council meeting. The Chair and the member of the Committee responsible for Finance may require that a special meeting of the Committee is convened if they both consider it necessary.

(7) 2% of the annual contributions paid by members of branches in the Region shall be available for expenditure by the Regional Councils on the activities referred to in clause (4) of this rule and on grants to support charitable, educational or other worthy causes. No grant shall be made to individuals and no funds shall be used for political objects (which may only be financed from the Union’s Political Fund). A grant may only be made to support industrial action if that action is lawful and the grant is in accordance with guidelines issued by the National Executive Council.

(8) Each year the Regional Council shall prepare and submit to the National Executive Council for its approval an annual plan and budget for pursuing the activities and making the grants referred to in clauses (4) and (7) of this rule. The National Executive Council shall make funds available for all expenditure within the approved plan and budget. The Regional Council shall not incur or approve expenditure which is not provided for in the approved plan and budget for that year without the prior approval of the National Executive Council. The Regional Council shall provide the National Executive Council with a report on the expenditure incurred each year by reference to the approved plan and budget for that year.

(9) The Regional Management Committee shall be responsible for ensuring that all expenditure of Regional Council funds is in accordance with the decisions of the Regional Council. Between meetings of the Regional Council, the Committee may approve such expenditure provided that it reports and seeks approval of such decisions at the next meeting of the Regional Council.

(10) The National Executive Council shall issue model standing orders from time to time, to regulate the conduct of the meetings of the Regional Council and the Regional Management Committee and those standing orders may only be varied with the approval of the National Executive Council.

(11) The Chair shall be responsible for ensuring that meetings of the Regional Council and Regional Management Committee are conducted in an orderly manner and in conformity with these rules and any standing orders. The Chair shall be entitled to vote on all matters but in no case shall he/she have a second or casting vote.

(12) The Regional Secretary shall act as Secretary to the Regional Council and Regional Management Committee and shall be responsible for implementing its decisions. In particular, when expenditure has been approved in accordance with these rules, the Regional Secretary shall ensure that the relevant funds are disbursed or the expenditure incurred.

(13) The Regional Council may submit nominations to the Regional TUC and other bodies within the region, provided that a nomination of a full time officer or other employee of the Union shall require the approval of the National Executive Council.

(14) A member of the National Executive Council shall not be entitled to be elected as a member of the Regional Council but if he/she is (or was last) employed by an employer in the region or is a member of a branch in the region he/she shall be entitled to attend and take part in the meetings of the Regional Council and Regional Management Committee but shall not be entitled to vote on any matter.

22. Policy Conference

(1) In 2005 and every second year thereafter, there shall be a Policy Conference which shall consist, so far as is reasonably practicable, of 1 delegate for each 1,000 paying members of the Union. After the number of delegates to be elected by and from the National Women’s Conference has been decided not less than 75% of the remaining delegates shall be elected by and from the industrial, occupational or professional sectors. The balance of the delegates shall be elected by and from the Regional Branch Conferences, the Irish Conference or the National Equalities Conferences. A member who has been elected by a conference as a delegate to the Policy Conference shall not be eligible to be elected by any other conference as a delegate to the Policy Conference.

(2) The Policy Conference shall be the supreme policy making body of the Union and its decisions shall be binding on the National Executive Council but subject to the powers of National Sector Conferences and Committees to decide the Union’s policy and objectives for that sector and the provisions of these rules relating to a ballot of the members of the Union.

(3) Motions to the Policy Conference shall be confined to the general policies of the Union and shall not deal with matters relating to the interpretation or amendment of rule or which are concerned solely with the Union’s policy within an industrial, occupational or professional Sector.

Conference Arrangements Committee

(4) There shall be a Conference Arrangements Committee for the Policy Conference consisting of a member from each Region elected by and from the Regional Council. Delegates to the Policy Conference and members of the National Executive Council shall not be entitled to be members of the Conference Arrangements Committee. The Conference Arrangements Committee shall be responsible for drawing up the agenda and timetable for the Policy Conference and for proposing composites of motions or amendments whenever appropriate.

(5) The National Executive Council shall in consultation with the Conference Arrangements Committee prepare standing orders which shall govern the conduct of the proceedings of the Policy Conference.

(6) If an urgent issue of policy has arisen after the meeting of the National Sector Committee or Regional Branch Committee, a majority of the delegates from that body may submit an emergency motion on the issue. The Conference Arrangements Committee shall have complete discretion whether or not to refer that motion to the Policy Conference.

(7) The National Executive Council shall be entitled to submit motions and amendments to motions to the Policy Conference (and if an urgent issue has arisen it may do so at short notice) and to nominate a member of the National Executive Council or a full time officer to move such motions or amendments or to reply to any debate. The National Executive Council shall submit a written report to the Conference on its conduct of the affairs of the Union since the previous Conference and the Policy Conference shall have an opportunity to debate that report and may vote on a motion to refer back any section of that report. The National Executive Council shall be entitled to submit such other business to the Policy Conference as it shall consider appropriate and may, if it considers it necessary, reconvene the Conference.

(8) A member of the National Executive Council shall not be eligible to be elected as a delegate to the Policy Conference but shall be entitled to attend the Conference.

(9) The Policy Conference shall only consider such business as shall be referred to it in accordance with these rules.

(10) Voting at the Policy Conference shall be by a show of hands and a simple majority of those voting shall be required to approve a motion.

23. President

(1) The Policy Conference shall elect a lay member as the President who shall hold office at the next Policy Conference. The President shall be elected by the delegates to the Policy Conference provided that the current President shall not be eligible to stand for re-election.

(2) The President shall chair the Policy Conference provided that with the President’s consent, the National Executive Council may nominate a member of the National Executive Council or a delegate to the Conference to chair a specific session of the Conference. The President elect shall be entitled to attend meetings of the Conference Arrangements Committee and any meetings of the National Executive Council when it is considering items to be included on the Policy Conference agenda. The President shall not be eligible to vote at any such meetings or at the Policy Conference. The President shall not be eligible to be elected as a delegate to the Policy Conference which the President will chair.

24. Rule Amendments

(1) In 2005 and every 6 years thereafter there shall be a Rules Conference to consider and vote on motions to amend the rules of the Union. It shall be convened immediately after and constituted in the same way as the Policy Conference.

(2) Each National Sector Conference, National Equality Conference and Regional Branch Conference and the National Women’s Conference shall be entitled to submit a motion or motions to amend the rules of the Union. Proposals for such motions may be submitted to those bodies in the same way as motions on policy matters. The National Executive Council shall determine the number of motions that may be submitted by each body.

(3) Each National Sector Committee, National Equality Committee and Regional Branch Committee and the National Women’s Committee shall be entitled to submit an amendment to a motion to amend the rules.

(4) The National Executive Council shall be entitled to submit motions and amendments to motions to amend the rules to a Rules Conference or motions to amend the rules to any Policy Conference of the Union and if an urgent issue arises, it may do so at short notice.

(5) If in the opinion of the National Executive Council there is an urgent need to amend the rules between Policy Conferences, the National Executive Council may amend the rules by a resolution supported by not less than 75% of its members, provided that amendment shall cease to have effect at the end of the next Policy Conference unless it has been ratified by a resolution of that conference.

(6) The business of the Rules Conference shall be conducted in the same manner as the Policy Conference. For the avoidance of doubt, this means that resolutions to amend the rules may be approved by a simple majority of those voting.

(7) Motions to amend the standing orders of the Policy Conference and amendments to such motions shall be dealt with in the same way as if they were motions to amend the rules.

25. National Executive Council

(1) The government, management and control of the Union shall be vested collectively in the National Executive Council which may do such things consistent with the rules, objects and policy of the Union as it may consider expedient to promote the interests of the Union or any of its members. In particular, and without limiting the general powers conferred on it by these rules, the National Executive Council shall have the power to:

(a) Delegate to the General Purposes and Finance Committee such of its powers as it shall think fit.

(b) Decide its own procedures in all matters not expressly provided for in these rules.

(c) Institute special audits or examinations of any books or accounts of the Union or of any branch, region, sector, body or part of the Union.

(d) Appoint and remove the Union’s auditor for which purpose the members of the National Executive Council shall act as the delegates of the members by whom they were elected.

(e) Institute or defend legal proceedings or give financial assistance to a member or his/her dependants to do so.

(f) Delegate to any person or persons the power to represent and to act on behalf of the Union.

(g) Decide any question relating to the meaning and the interpretation of these rules or any matter not expressly provided for by these rules which decision shall be binding upon all members of the Union.

(h) Decide questions of policy which may arise between Policy Conferences and which have not been decided by a previous decision of such a conference.

(i) Call such conferences or meetings of members as it shall think fit.

(j) Conduct a postal ballot of the members at any time on any question of policy or on any proposal to alter the rules of the Union. The outcome of such a ballot shall override any prior decision to the contrary and if the National Executive Council decides to conduct such a ballot, it may defer the implementation of a decision of the Policy Conference which could be varied by the result of that ballot.

(2) The National Executive Council shall consist of 48 members. For the election of the National Executive Council to take office on 1 January, 2004:

(a) 1 member shall be elected by and from each of the 12 Regions of the Union;

(b) 4 seats shall be reserved for female members elected by and from the members of all the industrial, occupational and professional sectors; and

For subsequent elections, the National Executive Council may adjust the number of seats reserved for female members to endeavour to ensure that the number of female members of the National Executive Council better reflects the gender balance of the members of the Union, provided that not less than 75% of the members of the National Executive Council shall be elected by and from the industrial, occupational or professional sectors or shall be positions reserved for female members.

(3) Before the election of a new National Executive Council, the National Executive Council shall allocate the number of seats to be elected by each industrial, occupational or professional sector and may, where appropriate, group sectors together for this purpose and shall endeavour to ensure that, so far as is reasonably practicable, the number of seats to be elected by each sector (or group of sectors) fairly reflects the number of members in that sector (or those sectors).

(4) A sector whose membership is insufficient to justify being entitled to elect a National Executive Council member and which the National Executive Council considers is not appropriate to group with any other sector for that purpose shall be included in the general industries sector.

(5) Where it considers it appropriate, the National Executive Council may divide a sector into geographic divisions for the purpose of electing National Executive Council members.

(6) Members of the National Executive Council shall hold office for concurrent terms of 3 calendar years. If otherwise suitably qualified, members shall be eligible for re-election.

(7) To be a candidate for a seat on the National Executive Council, an individual must be entitled to vote in the election for that position. A member who would attain 65 years of age before the end of the term of office of the successful candidate shall not be eligible to be a candidate.

(8) All elections of members of the National Executive Council for a new term of office shall be conducted in the calendar year preceding the year in which the successful candidates will take up office. A member shall not be eligible to be a candidate in more than 1 such election. A member who has been nominated for more than 1 seat shall be entitled to choose in which seat to be a candidate.

(9) A candidate to be elected by a geographic constituency shall require nominations from at least 5 branches in that constituency. A candidate to be elected by an industrial, occupational or professional sector shall require nominations from at least 5 workplace representatives employed at 3 different workplaces in that constituency. A candidate to be elected for a seat reserved for female members shall require nominations from at least 5 workplace representatives employed at 3 different workplaces or nominations from at least 5 branches in that constituency.

(10) A member of the National Executive Council must maintain his/her eligibility to hold lay office and his/her membership of the constituency by which he/she was elected throughout the National Executive Council’s terms of office. A member of the National Executive Council who becomes a full time officer or other employee of the Union or of another union shall immediately cease to be a member of the National Executive Council.

(11) If a seat on the National Executive Council becomes vacant during the first year of a National Executive Council term of office, a by-election shall be held to fill the seat for the balance of that term. If a vacancy arises during a subsequent year of the term, the National Executive Council shall have a discretion whether or not to hold an election to fill that vacancy.

NEC Meetings

(12) The National Executive Council shall meet at least every 2 months. The General Secretary or a majority of the members of the General Purposes and Finance Committee may require that a special meeting of the National Executive Council is convened if he/she or they consider it necessary.

(13) At the first meeting of a newly elected National Executive Council it shall elect 1 of its members to chair the Executive Council. He/she shall, when present, chair all meetings of the National Executive Council and the General Purposes and Finance Committee but shall not have a casting vote.

(14) At the first meeting of a newly elected National Executive Council, after electing the Chair, it shall elect from among its members a General Purposes and Finance Committee consisting of the Chair and not more than 11 other members. At least one member of the General Purposes and Finance Committee shall be a woman. The General Purposes and Finance Committee shall meet before each National Executive Council meeting and on such other occasions as the General Secretary, in consultation with the Chair, may consider appropriate.

(15) The General Purposes and Finance Committee shall consider and make recommendations to the National Executive Council on:

(a) The number of delegates to the Policy Conference to be elected by the various bodies of the Union entitled to do so and the standing orders for that conference.

(b) The appointment and terms and conditions of employment of full time officers.

(d) Such other matters as may be referred to it by the National Executive Council or the General Secretary.

(16) The National Executive Council may at any time decide to replace the Chair or any other member of the General Purposes and Finance Committee and elect a replacement.

(17) If a newly elected National Executive Council considers that black and ethnic minorities are not represented on the National Executive Council, it may co-opt a member of the Black and Ethnic Minority National Equality Committee to attend meetings of the National Executive Council as an observer.

(18) The minutes of National Executive Council meetings shall be circulated to the Regional Councils and published by such additional means as the National Executive Council may decide.

(19) Only the National Executive Council, the General Secretary and such other full time officers as the National Executive Council may direct, may authorise or endorse the calling, organising, procuring or taking of industrial action of any kind whatsoever or the making of threats to call, organise, procure or take such action.

(20) The National Executive Council shall delegate to the General Secretary the power to exercise between National Executive Council meetings such of the National Executive Council’s powers as it may decide provided that he/she shall not act inconsistently with an existing National Executive Council decision without the approval of a majority of the members of the General Purposes and Finance Committee and shall report any such action to the next meeting of the National Executive Council.

(21) Notwithstanding that these rules shall not otherwise come into effect until 1 January 2004, the Joint Executive Council of the Union shall before that date conduct the election of the National Executive Council to take office on 1 January 2004 in accordance with the provisions of these rules and shall exercise all the powers of the National Executive Council contained herein, which are relevant to the conduct of that election, except that for the purposes of that election, the number of seats on the National Executive Council to be elected by each industrial, occupational or professional sector shall be as follows:

[Insert number of seats to be elected by each sector].

(21) The United Craft National Committee shall be entitled to select 4 members (1 each from the metal mechanics and pattern makers and 2 from the other united crafts) who are eligible to be candidates in appropriate industrial, occupational or professional sectors for election to the National Executive Council to take office on 1 January 2004. If any of those 4 members is not elected he/she shall be entitled to attend the meetings of that National Executive Council as an observer.

26. General Secretary [yet to be discussed]

27. Deputy General Secretary [yet to be discussed]

28. Joint General Secretaries [yet to be discussed]

29. Elections of NEC Members and the General Secretary

(1) The election of members of the National Executive Council and the General Secretary shall be conducted in accordance with this rule.

(2) The National Executive Council shall appoint an independent scrutineer to supervise the production, storage and distribution of voting papers, to receive and count the voting papers, to report on the outcome, to retain the voting papers for an appropriate period and to perform such other duties as the National Executive Council may specify.

(3) The National Executive Council shall appoint a suitable, independent person to act as Election Commissioner to adjudicate on any complaints made under clause (17) of this rule relating to the conduct of the election.

(4) Subject to the provisions of these rules and the powers of the independent scrutineer, the National Executive Council shall be responsible for calling, determining the timetable of and for the general control of an election including determining any questions which may arise during the conduct of that election.

(5) The National Executive Council shall appoint a Returning Officer to deal with the conduct of the election between the National Executive Council meetings and may delegate to him/her its powers relating to the conduct of that election provided that the Returning Officer shall not act inconsistently with any decision of the National Executive Council and shall report to the next meeting of the National Executive Council all actions taken and decisions made in respect of that election.

(6) A candidate in an election shall play no part in any deliberations of or decision by the National Executive Council which relates specifically to the conduct of an election in the constituency in which an individual is a candidate.

(7) The National Executive Council shall call for nominations. Each branch in a geographic constituency and each workplace representative in a constituency based on an election by an industrial, occupational or professional sector [and each branch and workplace representative in an election for general secretary] shall be entitled to make one nomination for each vacancy to be filled by that constituency.

(8) A member who receives the requisite number of valid nominations shall be invited to confirm in writing that he/she accepts the nomination. Each member who does so and who is otherwise eligible shall be a candidate in the election for that constituency.

(9) If the number of candidates does not exceed the number of vacancies to be filled by that constituency, the candidate(s) shall be declared elected. If there are more candidates than vacancies, the election shall be conducted by a secret postal ballot.

(10) Each candidate shall be entitled to submit an election address of not more than 500 words which, provided it is received by the due date, shall be printed and circulated with the voting papers.

(11) The voting papers shall list each candidate in alphabetical order (by surname) and shall record each candidate’s name, branch and years of membership of the Union.

(12) The National Executive Council may decide that members who have joined the Union after a prescribed date shall not be eligible to vote, provided the date shall not be more than one month before the first day on which voting is due to take place in that election.

(13) Voting papers shall be distributed to members eligible to vote by post to their addresses recorded on the Union’s register of members. A member who is eligible to vote in an election who does not receive a voting paper should contact the Union but the final decision on whether to issue a further voting paper to that member shall be a matter for the independent scrutineer.

(14) Members shall be entitled to vote for as many candidates as there are vacancies to be filled from the constituency and the candidate(s) who receive(s) the most votes in that constituency shall be declared elected until all the vacancies are filled.

(15) Each candidate shall be entitled to attend as an observer the counting of the votes from the constituency in which he/she is a candidate.

(16) The election shall not be concluded until the National Executive Council has received the independent scrutineer’s report and declared the result. This should take place as soon as reasonably practicable after the votes have been counted. If the Election Commissioner advises the National Executive Council that it should not declare the result of an election until he/she has adjudicated on a complaint, it shall comply with that request.

(17) If at any stage during an election or within 28 days of the declaration of the result a candidate in an election or the National Executive Council considers that there has been a breach of these rules or of any other legal requirement relating to the conduct of the election or any other interference with the conduct of the election and that the breach or interference may materially affect or may have materially affected the result of the election; he/she or the National Executive Council may submit a complaint to the Election Commissioner.

(18) If the Returning Officer or a member who is not a candidate considers that there are grounds for a complaint to the Election Commissioner, he/she should refer the matter to the National Executive Council.

(19) A complaint to the Election Commissioner should be made as soon as is reasonably practicable. The Election Commissioner shall not consider any complaint made more than 28 days after the date on which the National Executive Council declared the result of the election.

(20) A complaint to the Election Commissioner shall be made in writing addressed to the Election Commissioner care of the Returning Officer and accompanied by all the supporting evidence which the complainant wishes to be taken into account.

(21) The Election Commissioner may adjudicate on a complaint on the basis of written material submitted with the complaint or, at his/her complete discretion, call for such further information as he/she shall think fit. Subject to the provisions of this rule, the Election Commissioner shall decide his/her own procedures for investigating and adjudicating upon the complaint provided that he/she shall endeavour to adjudicate on the complaint as quickly as is reasonable practicable.

(22) If after considering a complaint the Election Commissioner considers; that there has been a material breach of these rules or of any other legal requirement relating to the conduct of the election any other material interference with the conduct of the election; and that the breach or interference may materially affect or has or may have materially affected the result of the election; the Election Commissioner may recommend that the National Executive Council should take one or more of the following measures:-

(a) Declare the ballot and, if it has been declared, the result of the election void and call for a fresh ballot to be held;

(b) Disqualify a candidate or candidates and permit the remaining candidates to go forward in the ballot or in any fresh ballot that may be ordered; or

(23) Subject always to any decision to the contrary by a courts, the Certification Officer or any other lawful authority, the National Executive Council shall give effect to any recommendation by the Election Commissioner made in accordance with clause (22) of this rule.

(24) If an election is delayed as a result of action taken pursuant to a recommendation by the Election Commissioner, an order of a court, the Certification Officer or other lawful authority, a member who holds the office which is the subject of that election shall be entitled to continue in that office until the election is concluded.

30. Official Announcements

The Union shall publish a magazine which shall be circulated to work, safety and learning representatives and to branches. It shall be the official means of making announcements to members on matters of general interest concerning the affairs of the Union.

31. Funds

(1) All the funds and other assets of the Union, including those available to, under the control of or otherwise at the disposal of branches, Regional Councils or any other body of the Union shall be vested in the trustees of the Union to be dealt with in accordance with these rules.

(2) The trustees shall invest, dispense or otherwise deal with the funds and other assets of the Union in accordance with the instructions of the National Executive Council. Subject to the provisions of these rules, the National Executive Council shall have complete discretion how to instruct the trustees to invest, dispense or otherwise deal with the funds and other assets of the Union.

(3) The General Secretary and employees of the Union authorised by him/her shall have authority to open and to operate such bank accounts on behalf of the Union as he/she may consider appropriate. The General Secretary shall inform the National Executive Council of all such bank accounts.

(4) The funds of the Union may be used in accordance with the provisions of these rules for the payment of provident benefits as defined by the Inland Revenue in accordance with Section 467 Income and Corporation Taxes Act 1988. Such provident benefits shall include the provision of legal advice and assistance.

(5) There shall be a provident benefits fund which shall only be used for paying provident benefits expressly authorised by these rules.

(6) The National Executive Council shall publish an annual financial report providing details of the Union’s income and expenditure in the previous year.

(7) Any books, effects, funds, property or other assets which immediately prior to [the date these rules came into effect] were held by, allocated to or were otherwise under the control of the AEEU or MSF Sections of the Union or any committee, council, branch, or other body of one of those sections shall be the property of the Union and shall be dealt with in accordance with the instructions of the National Executive Council.

32. Trustees [yet to be discussed]

33. Ireland

(1) There shall be an Irish Executive Council which shall make decisions in matters of an industrial or political nature which arise out of and in connection with the economic or political condition of the Republic of Ireland or Northern Ireland and which are of direct concern to members of the Union resident in the Republic of Ireland or Northern Ireland and which do not affect members of the Union not so resident. Each member of the Irish Executive Council shall be resident in the Republic of Ireland or Northern Ireland.

(2) The Irish Executive Council shall consist of a chair and not less than 16 other members who shall be elected by and from the delegates to the Irish Conference and shall hold office from the end of that conference until the end of the next Irish Conference. Not less than 75% of the members of the Irish Executive Council shall be workplace representatives employed in the Republic of Ireland or Northern Ireland. At least 2 members of the Irish Executive Council shall be women.

(3) The Irish Executive Council shall take the place and have the powers, duties and responsibilities of both the Regional Council and Regional Management Committee for Ireland. The Regional Secretary shall act as secretary to the Irish Executive Council and shall be responsible for implementing its decisions.

(4) A member of the National Executive Council who is (or was last) employed by an elected as a member of the Irish Executive Council shall be entitled to attend employer in Ireland or who is a member of a branch in Ireland and who has not been and take part in the meetings of the Irish Executive Council but shall not be entitled to vote on any matter.

(5) The Irish Executive Council shall meet 6 times each year. Between meetings of the Irish Executive Council, it may delegate its powers in connection with industrial action in the Republic of Ireland to the Regional Secretary and the National Officer for Ireland to be exercised in consultation with the chair of the Irish Executive Council.

(6) In 2004 and every second year thereafter, the Irish Executive Council shall convene an Irish Conference consisting of:

(a) Delegates elected by and from the industrial, occupational or professional sectors who are workplace representatives employed in Ireland.

(b) Delegates elected by and from the branches in Ireland.

(c) Women delegates elected by and from the Regional Women’s Conference (not less than 75% of whom shall be elected by and from the workplace, safety and learning representatives present at that conference).

(d) Delegates elected by and from the Regional Equality Forums.

The Irish Executive Council shall, subject to the approval of the National Executive Council, decide the size of the Irish Conference. After deciding the number of women delegates, it shall ensure that at least 75% of the remaining delegates shall be workplace representatives elected by and from the industrial, occupational or professional sectors and the balance should be elected from the branches and the Regional Equality Forums. The Irish Executive Council may group branches together for the purpose of electing delegates to the conference.

(7) A member of the Irish Executive Council or the National Executive Council who is otherwise suitably qualified shall be entitled to be elected as a delegate to the Irish Conference.

(8) Each body which is entitled to elect a delegate to the Irish Conference shall be entitled to submit a motion (or such number of motions as the Irish Executive Council may decide) to the Irish Conference.

(9) The chair of the Irish Executive Council shall chair the Irish Conference.

(10) The National Executive Council shall in consultation with the Irish Executive Council decide:

(a) The number of members of the Irish Executive Council and the constituencies by which they shall be elected. For this purpose it may organise the delegates into separate constituencies both by reference to their industrial, occupational or professional sectors and their geographic area provided that all the delegates shall be entitled to elect the chair.

(b) The number of delegates to be elected by the Irish Conference to attend the Policy Conference of the Union, the Irish Congress of Trade Unions, the Northern Ireland Committee of the Irish Congress of Trade Unions, the Trade Union Congress, the Irish Labour Party, the British Labour Party and such other bodies as the National Executive Council may decide.

(c) The size and powers of the Irish Conference Arrangements Committee and the constituencies by which they shall be elected.

(d) In respect of each industrial, occupational or professional sector, whether to convene separate Sector Conferences for the Republic of Ireland and Northern Ireland instead of convening a Regional Sector Conference for the whole of Ireland. Policy decisions of a Sector Conference for the Republic of Ireland shall decide the Union’s policy in the Republic for that sector provided they are not inconsistent with the general policy and objectives of the Union.

(11) Resolutions of the Irish Conference concerning general policy matters affecting members employed in the Republic shall, provided they are not inconsistent with the general policy and objectives of the Union, constitute the policy of the Union in the Republic and shall be binding upon the Irish Executive Council.

(12) The Irish Conference shall take the place and have the powers of the Regional Branch Conference to submit motions on general policy issues to the Policy Conference of the Union.

(13) The delegates to the Policy Conference of the Union from the Irish Conference shall take the place and have the powers of the Regional Branch Committee to submit amendments to motions to the Policy Conference or to amend or substitute a motion submitted by the Irish Conference.

(14) The Irish Executive Council shall submit a report to the Irish Conference on the activities of the Union within Ireland and it shall be entitled to submit motions for inclusion in the conference agenda.

(15) Until an Irish Executive Council is elected by an Irish Conference in accordance with this rule, the members of the Committee of Management for Ireland immediately prior to [the date these rules came into effect] shall constitute the Irish Executive Council.

(16) Notwithstanding the provisions of clause (3) of this rule, both the first Regional Secretary for Ireland and the first National Officer for Ireland to hold those offices from [the date these rules came into effect] shall attend the meetings of the Irish Executive Council and they shall each be responsible for implementing such of its decisions as it shall determine. The first Regional Secretary for Ireland shall be responsible for managing the Union’s officers and staff in Northern Ireland and the first National Officer for Ireland shall be responsible for managing the Union’s officers and staff in the Republic of Ireland. This clause shall cease to apply when either the first Regional Secretary for Ireland or the first National Officer for Ireland shall cease to hold that office.

(17) The provisions of this rule shall apply in Ireland and shall override any other provision of the rules with which they are inconsistent.

34. Republic of Ireland – Strikes and Other Industrial Action

(1) The provisions of this rule shall apply notwithstanding any other provision contained in these rules.

(2) In this rule the terms “strike” and “industrial action” shall have the same meaning as in the Industrial Relations Act 1990 of the Republic of Ireland.

(3) In this rule the term “member” shall have the same meaning as elsewhere in these rules.

(4) The provisions of this rule shall apply to the Republic of Ireland only.

(5) The Union shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all members whom it is reasonable at the time of the ballot to believe will be called upon to engage in the strike or other industrial action.

(6) The Union shall take reasonable steps to ensure that every member entitled to vote in the ballot votes without interference from, or constraint imposed by, the Union or any of its members, officials or employees and, so far as is reasonably possible, that such members shall be given a fair opportunity of voting.

(7) The Irish Executive Council shall have full discretion in relation to organising, participating in, sanctioning or supporting a strike or other industrial action notwithstanding that the majority of those voting in the ballot, including an aggregate ballot referred to in clause (8) of this rule, favours such strike or other industrial action.

(8) The Irish Executive Council shall not organise, participate in, sanction or support a strike or other industrial action against the wishes of a majority of the Union’s members voting in a secret ballot, except where, in the case of a ballot by more than 1 trade union, an aggregate majority of all the votes cast favours such strike or other industrial action.

(9) Where the outcome of a secret ballot conducted by the Union or in the case of ballots conducted by the Union and any number of other trade unions which are affiliated to the Irish Congress of Trade Unions an aggregate majority of all the votes cast is in favour of supporting a strike organised by another trade union, a decision to take such supportive action shall not be implemented by the Union without the sanction of the Irish Congress of Trade Unions.

(10) As soon as practicable after the conduct of a secret ballot the Union shall take reasonable steps to make known to the members of the Union entitled to vote in the ballot:

(a) the number of ballot papers issued

(b) the number of votes cast

(d) the number of votes against the proposal, and

(e) the number of spoiled votes.

(11) Nothing in this rule shall constitute an obstacle to negotiations for the settlement of a trade dispute nor the return to work by members of the Union party to the trade dispute, and any decision take in accordance with this rule to organise, participate in, sanction or support a strike or industrial action may be rescinded or amended without the necessity of a further ballot of the members concerned.

35. Trades Union Congress

Congress

(1) The Union shall be represented at the annual congress of the Trades Union Congress (TUC) by 2 delegates elected by and from each Regional Council, delegates elected by and from National Sector Conferences, female members elected by and from the National Women’s Conference, a delegate elected (in rotation) by and from one of the National Equalities Conferences, members of and nominated by the National Executive Council, the General Secretary, such other full time officers as may be nominated by the National Executive Council and any other member who has been nominated by the Union for election at that Congress to a body of the TUC provided that the National Executive Council shall ensure that the delegates elected by the Regional Councils, National Sector Conferences, the National Women’s Conference and the National Equalities Conference shall together constitute the majority of the Union’s representatives.

Scottish, Welsh and Regional TUC

(2) The Union shall be represented at the Scottish, Welsh and Regional Conferences of the TUC by delegates elected by and from the appropriate Regional Council, members of and nominated by the National Executive Council, the Regional Secretary and such other full time officers as the National Executive Council may nominate.

General Council

(3) The Union shall be represented on the TUC General Council by the General Secretary and such other full time officers or members as may be nominated by the National Executive Council.

TUC Women’s Conference

(4) The Union shall be represented at the TUC Women’s Conference by delegates elected by the National Women’s Conference, female members of and nominated by the National Executive Council and such full time officers as the National Executive Council may nominate, provided that the delegates elected by the National Women’s Conference shall constitute the majority of the Union’s representatives.

Other TUC Bodies

(5) The National Executive Council shall make appropriate arrangements for the Union to be represented on other TUC bodies.

36. Political Organisation and Representation

(1) The Union and any body or part of the Union shall not affiliate to or give support to the candidates of any other political party in Great Britain other than the Labour Party. Each branch of the Union in Great Britain shall be entitled to affiliate and elect delegates to Constituency Labour Parties.

Regional Political Conferences

(2) There shall be an annual Regional Political Conference of branch delegates to Constituency Labour Parties in each region of the Labour Party. The Conference shall be chaired by a delegate elected by and from the Conference. The National Executive Council shall nominate a full time officer to act as the Regional Political Officer to perform such political duties as the National Executive Council may decide and to act as Secretary to the Conference.

(3) The Regional Political Conference shall elect from among its members delegates to; the Union’s National Political Committee; the Labour Party Women’s Conference; the Labour Party National Conference; and the Labour Party Regional Conference to be held in the next calendar year. Former employees of the Union or of any of its predecessors may only be a delegate from the Regional Political Conference with the approval of the National Executive Council. The National Executive Council shall specify the total number of delegates and the minimum number of female delegates to be elected and may, when necessary, make special arrangements to facilitate the election of the requisite number of female delegates to comply with the Labour Party constitution and/or the requirements of these rules.

(4) The Union shall be represented at Labour Party Regional Conferences by the delegates elected by the Regional Political Conference, the Regional Political Officer and such other full time officers as may be nominated by the National Executive Council.

Regional Political Committees

(5) The delegates to the Labour Party Regional Conferences shall form the Regional Political Committee which shall meet as decided by the National Executive Council. The Committee shall be chaired by a delegate elected by and from the Committee. The Regional Political Officer shall act as Secretary to the Committee.

National Political Committee

(6) The National Political Committee shall meet at least twice each year and shall consist of the delegates elected by the Regional Political Conferences and delegates nominated by and from the National Executive Council. The Regional Political Officers, the National Political Officer and such other full time officers as the National Executive Council may nominate may also attend the meetings of the National Political Committee but they shall not have a vote. The National Political Officer shall perform such duties as the National Executive Council shall decide and act as secretary to the National Political Committee. The National Political Committee shall be chaired by a delegate elected by and from the Committee.

(7) The Union shall be represented at the Labour Party National Conference by the delegates elected by the Regional Political Conferences, a delegate from Northern Ireland elected by the Irish Conference, delegates nominated by and from the members of the National Executive Council, the General Secretary, the National Political Officer, the Union’s representatives on the Labour Party National Executive Committee and such other full time officers as may be nominated by the National Executive Council provided that the National Executive Council shall ensure that the delegates elected by the Regional Political Conferences and the Irish Conference shall constitute the majority of the Union’s representatives.

(8) The Union shall be represented at the Labour Party National Women’s Conference by delegates elected by the Regional Political Conferences, delegates elected by the National Women’s Conference, delegates elected by and from the members of the National Executive Council, the National Equalities officer, the Union’s female representative(s) on the Labour Party National Executive Committee and such other full time officers as may be nominated by the National Executive Council provided that the National Executive Council shall ensure that the delegates elected by the Regional Political Conferences and the National Women’s Conference shall constitute the majority of the Union’s representatives.

(9) Only members of the Union who contribute to the political fund shall be eligible to;

(a) be a delegate to a Constituency Labour Party or any other Labour Party meeting or body or to be a member of a Regional or National Political Conference or Committee; or

(b) vote in any ballot concerning the election of the leader of the Labour Party or any other matter concerning the Labour Party constitution or policy.

(10) The Union shall maintain a panel of members whom it is prepared to support as Labour Party candidates for the Westminster, Scottish or European Parliaments or the Welsh Assembly. The National Political Committee shall select appropriate candidates after an interview and may establish a selection committee for this purpose. Any candidate selected by the National Political Committee must be endorsed by the National Executive Council. Full time officers and employees of the Union shall be eligible for inclusion in the panel but, if elected they shall thereupon cease to be a full time officer and/or employee of the Union.

(11) The Union’s decision on whether to affirm the reselection of the sitting candidate and the Union’s and any branch’s nomination in any selection process shall be decided by the Regional Political Committee and the National Political Committee, in conjunction with the branch delegate(s) to the relevant Constituency Labour Party. If the National Executive Council wishes to nominate a member on the Union’s panel for selection as a candidate for the Westminster Parliament, it may submit a shortlist of members on the panel to the Regional Political Committee. The Regional Political Committee and the National Political Committee, in conjunction with the branch delegate(s) to the relevant Constituency Labour Party, shall after conducting interviews select the Union’s nomination from the shortlist. If the Regional Political Committee and the National Political Committee fail for any reason to make a nomination or the National Executive Council considers that there is insufficient time to complete the above nomination process satisfactorily, the National Executive Council may make the nomination.

(12) The decision on whether the Union shall enter into a Constituency Labour Party development agreement shall be made by the Regional Political Committee and the National Political Committee in consultation with the branch delegate(s) to the relevant Constituency Labour Party.

37. Political Fund

Other than in Northern Ireland

(1) The objects of the Union shall include the furtherance of the political objects to which section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act) applies, that is to say the expenditure of money:

(a) on any contribution to the funds of, or on the payment of expenses incurred directly or indirectly by, a political party;

(b) on the provision of any service or property for use by or on behalf of any political party;

(c) in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by the Union in connection with any election to a political office;

(d) on the maintenance of any holder of a political office;

(e) on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party;

(f) on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote for a political party or candidate or to persuade them not to vote for a political party or candidate.

Where a person attends a conference or meeting as a delegate or otherwise as a participator in the proceedings, any expenditure incurred in connection with his/her attendance as such shall, for the purposes of paragraph (e) above, be taken to be expenditure incurred on the holding of the conference or meeting.

In determining, for the purposes of paragraphs (a) to (f), whether the Union has incurred expenditure of a kind mentioned in those paragraphs no account shall be taken of the ordinary administrative expenses of the Union.

In these objects:-

“candidate” means a candidate for election to a political office and includes a prospective candidate;

“contribution”, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party;

“electors” means electors at any election to a political office;

“film” includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;

“local authority” means a local authority within the meaning of section 270 of the Local Government Act 1972 or section 235 of the Local Government (Scotland) Act 1973; and

“political office” means the office of member of Parliament, member of the European Parliament or member of a local authority or any position within a political party.

(2) Any payments in the furtherance of such political objects shall be made out of a separate fund of the Union (hereinafter called the political fund).

(3) As soon as is practicable after the passing of a resolution approving the furtherance of such political objects as an object of the Union the National Executive Council shall ensure that a notice in the following form is given to all members of the Union in accordance with this rule:-

Trade Union and Labour Relations (Consolidation) Act 1992

A resolution approving the furtherance of political objects within the meaning of the above Act as an object of the Union has been adopted by a ballot under the Act. Any payments in the furtherance of any of those objects will be made out of a separate fund, the political fund of the Union but every member of the Union has a right to be exempt from contributing to that fund. A form of exemption notice can be obtained by or on behalf of any member either by application at, or by post from, the head office or any branch office of the Union or from the Certification Office for Trade Unions and Employers’ Associations, Brandon House, 180 Borough High Street, London SE1 1LW.

This form, when filled in, or a written request in a form to the like effect, should be handed or sent to the secretary of the branch to which the member belongs.

The notice shall be published to members by such methods as are customarily used by the Union to publish notices of importance to members and shall include the following minimum requirements. The notice shall be published in the Union’s main journal which is circulated to members. A copy of the notice shall be posted up and kept posted up for at least 12 months in a conspicuous place, accessible to members at the office or meeting place of each branch of the Union. The secretary of each branch shall also take steps to secure that every member of the branch, so far as is reasonably practicable, receives a copy of the notice and shall supply a copy to any member on request. The National Executive Council shall provide the secretary of each branch with a number of copies of the notice sufficient for these purposes.

(4) Any member of the Union may at any time give notice on the form of exemption notice specified in Clause (5) or by a written request in a form to the like effect, that he/she objects to contribute to the political fund. A form of exemption notice may be obtained by, or on behalf of, any member, either by application at, or by post from, the head office or any branch office of the Union, or from the Certification Office for Trade Unions and Employers’ Associations, Brandon House, 180 Borough High Street, London SE1 1LW.

(5) The form of exemption notice shall be as follows:-

[name of Union to be inserted]

POLITICAL FUND EXEMPTION NOTICE

I hereby give notice that I object to contributing to the political fund of the Union and am in consequence exempt, in the manner provided by Chapter VI of the Trade Union and Labour Relations (Consolidation) Act 1992, from contributing to that fund.

Signature……………………………………………………………………….

Name……………………………………………………………………………

Address…………………………………………………………………………

Name of Branch………………………………………………………………..

Membership No…………………………… Date………………

(6) Any member may obtain exemption by sending such notice to the secretary of the branch to which the member belongs and, on receiving it, the secretary shall send an acknowledgement of its receipt to the member at the address in the notice, and shall inform the General Secretary of the name and address of that member.

(7) On giving such notice, a member shall be exempt, so long as his/her notice is not withdrawn, from contributing to the political fund of the Union as from either: (a) the first day of January next after notice by the member is given, or, (b) in the case of a notice given within one month after the notice given to members under Clause (3) or after the date on which a new member admitted to the Union is supplied with a copy of these rules under Clause (17), as from the date on which the member’s notice is given.

(8) The National Executive Council shall give effect to the exemption of members to contribute to the political fund of the Union by relieving any members who are exempt from the payment of part of any periodical contributions required from the members of the Union towards the expenses of the Union as provided and such relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment.

For the purposes of enabling each member of the Union to know as respects any such periodical contribution what portion, if any, of the sum payable by him/her is a contribution to the political fund of the Union, it is hereby provided that a sum equal to 75% of the weekly contribution rate of a full time member payable in the first week of each quarter is a contribution to the political fund and any member who is exempt shall be relieved from the payment of the said sum and shall pay the remainder of such contribution only.

(9) A member who is exempt from the obligation to contribute to the political fund of the Union shall not be excluded from any benefits of the Union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the Union (except in relation to the control or management of the political fund) by reason of his/her being so exempt.

(10) Contribution to the political fund of the Union shall not be made a condition for admission to the Union.

(11) If any member alleges that he/she is aggrieved by a breach of any provision of this rule for the political fund, being a rule made pursuant to section 82 of the Act, he/she may complain to the Certification Officer, and the Certification Officer, after making such enquiries as he/she thinks fit and after giving the complainant and any representative of the Union an opportunity of being heard, may, if he/she considers that such a breach has been committed, make such order for remedying the breach as he/she thinks just in the circumstances. Any such order of the Certification Officer may, subject to the right of appeal provided by section 95 of the Act, be enforced in the manner provided for in section 82(4) of the Act.

(12) Any member may withdraw his/her notice of exemption on notifying his/her desire to that effect to the secretary of his/her branch, who shall on receiving it send the member an acknowledgement of receipt of the notification and inform the General Secretary of the name and address of that member.

(13) The National Executive Council shall ensure that a copy of this rule is available, free of charge, to any member of the Union who requests a copy.

(14) The National Executive Council shall, so far as possible, secure that each member of the Union receives a copy of this rule.

(15) The National Executive Council shall also send to the secretary of each branch sufficient copies of this rule to satisfy any requests for a copy by members of the branch.

(16) The secretary of each branch shall supply a copy of this rule free of charge to each member who requests a copy.

(17) A copy of this rule shall also be supplied by the secretary of each branch to every new member on his/her admission to the Union.

Northern Ireland Political Fund Rules

(18) Under Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 no Northern Ireland member of the Union shall be required to make any contribution to the political fund of the Union as defined by Clauses (1) and (2) of this rule unless he/she delivered, as provided in Clause (20), to the Head Office or some branch office of the Union, a notice in writing, in the form set out below, of his/her willingness to contribute to that Fund, and has not withdrawn the notice in the manner provided in Clause (19). Every member of the Union who has not delivered such a notice or who, having delivered such a notice, has withdrawn it in the manner provided in Clause (19), is to be deemed for the purpose of these rules to be a member who is exempt from the obligation to contribute to the political fund of the Union.

The form of the notice of willingness to contribute to the political fund of the Union is as follows:-

POLITICAL FUND NOTICE – NORTHERN IRELAND

I HEREBY give notice that I am willing, and agree, to contribute to the political fund of the [insert name of union], and I understand that I shall in consequence, be liable to contribute to that fund and shall continue to be so liable, unless I deliver to the head office or some branch office of the Union, a written notice of withdrawal. I also understand that after delivering such a notice of withdrawal I shall continue to be liable to contribute to the political fund until the next following first day of January.

Signature………………………………………………………………………….

Name………………………………………………………………………………

Address……………………………………………………………………………

Name of branch…………………………………………………………………..

Membership Number (if known)………………………Date………………….

(19) If at any time a member of the Union, who has delivered such a notice as is provided for in Clause (18) gives notice of withdrawal thereof, delivered as provided in Clause (20), to the head office or at any branch office of the Union, he/she shall be deemed to have withdrawn the notice as from the first day of January next after the delivery of the notice of withdrawal.

(20) The notices referred to in Clauses (18) and (19) may be delivered personally by the member or by an authorised agent of the member, and any notice shall be deemed to have been delivered at the head or branch office of the Union if it has been sent by post properly addressed to that office.

(21) The National Executive Council shall give effect to the exemption of Northern Ireland members to contribute to the political fund of the Union by relieving those members who are legally exempt from the payment of part of any periodical contributions required from the members of the Union towards the expenses of the Union as provided and such relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment.

For the purpose of enabling each Northern Ireland member, who has opted to pay to the political fund, to know as respects any such periodical contribution what portion of the sum payable by him/her is a contribution to the political fund of the Union, it is hereby provided that a sum equal to 75% of the weekly contribution rate of a full time member payable in the first week of each quarter is a contribution to the political fund and any member who is exempt shall be relieved from the payment of the said sum and shall pay the remainder of such contribution only.

(22) Northern Ireland members who are statutorily exempt from the obligation to contribute to the political fund of the Union shall not be excluded from any benefits of the Union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the Union (except in relation to the control or management of the political fund) by reason of their being exempt.

(23) Contribution to the political fund of the Union shall not be made a condition for admission to the Union.

(24) If any Northern Ireland member alleges that he/she is aggrieved by a breach of any of the rules made pursuant to Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 he/she may complain to the Northern Ireland Certification Officer, 2-8 Gordon Street, Belfast, BT1 2LG, under Article 57 (2) to (4) of that Order.

If after giving the complainant and a representative of the Union an opportunity to be heard, the Certification Officer considers that a breach has been committed, he/she may make an order for remedying it as he/she thinks just in the circumstances. Under Article 69 of the 1995 Order an appeal against any decision of the Certification Officer may be made to the Court of Appeal on a question of law.

Additionally, if any Northern Ireland member alleges that he/she is aggrieved by a breach of the political fund rules made pursuant to section 82 of the Trade Union and Labour Relations (Consolidation) Act 1992 he/she may complain to the GB Certification Officer, Brandon House, 180 Borough High Street, SEl lLW. If, after giving the complainant and representative of the Union an opportunity of being heard, the GB Certification Officer considers that a breach has been committed, he/she may make an order for remedying it as he/she thinks just in the circumstances. Any such order of the GB Certification Officer is subject to the right of appeal provided for by section 82 (4) of the 1992 Act.

Republic of Ireland Political Fund

(25) Clauses (1) – (17) of this Rule shall have effect in the Republic of Ireland subject to the following modifications:

(a) all references to statutory provisions therein shall be construed as references to the appropriate legislation in the Republic of Ireland.

(b) “political office” means the office of President, member of Dail Eireann, members of Seanad Eireann, member of the European Parliament, or any member of a local authority.

(d) A sufficient number of the forms of exemption notice shall be available at each office of the Union within the Republic of Ireland and any member shall be provided with a copy of such form on his/her request.

38. Obligations of Members

(1) A member of the Union must comply with these rules and with any duty or obligation imposed on that member by or pursuant to these rules whether in his/her capacity as a member, a holder of a lay office or as a full time officer.

(2) A member must not knowingly, recklessly or in bad faith provide the Union with false or misleading information relating to a member or any other aspect of the Union’s activities.

(3) A motion shall not be submitted by or on behalf of the Union or any group or body within the Union to an organisation or body outside the Union if that motion is inconsistent with existing Union policy.

(4) When acting as a representative of the Union at a meeting of an organisation or body outside the Union a member shall speak and vote in accordance with the policy of the Union and with any decision taken by the Union’s representatives at that meeting which is consistent with the Union’s policy.

39. Discipline

(1) A member may be charged by the National Executive Council with:

(a) Acting in any way contrary to the rules or any duty or obligation imposed on that member by or pursuant to these rules whether in his/her capacity as a member, a holder of a lay office or a representative of the Union.

(b) Being a party to any fraud on the Union or any misappropriation or misuse of its funds or property.

(c) Knowingly, recklessly or in bad faith providing the Union with false or misleading information relating to a member or any other aspect of the Union’s activities.

(d) Inciting, espousing or practising discrimination or intolerance amongst members on grounds of race, ethnic origin, creed, gender, disability or sexual orientation.

(e) Bringing about injury to or discredit upon the Union or any member of the Union.

(2) A member may not be charged under this rule in respect of any alleged act or omission in connection with the performance of his/her duties as a full time officer and/or employee of the Union.

(3) The member shall be given written notice of the charge referring the member to this rule, the sub-paragraphs of clause (1) under which he/she is being charged and the circumstances giving rise to this charge.

(4) A charge under this rule shall be heard by the National Executive Council.

(5) If the General Secretary is aware of circumstances which may lead to a member being charged by the National Executive Council under this rule, he/she may [with the agreement of the Chair of the National Executive Council or, in his/her absence, 2 other members of the General Purposes and Finance Committee] suspend that member from holding any office or representing the Union in any capacity until the end of the next National Executive Council meeting. A member shall be given written notice (or, if the member was informed verbally, written confirmation) of any such suspension as soon as reasonably practicable.

(6) The National Executive Council may suspend a member charged under this rule from holding any office or representing the Union in any capacity pending its decision on the charge by sending the member written notice to that effect.

(7) The National Executive Council may delegate all of its powers under this rule to a sub-committee consisting of not less than 3 members of the National Executive Council. It may also appoint a substitute or substitutes to take the place of any member of the sub-committee who is unable to fulfill his/her role on the sub-committee provided that a substitute shall not replace a member of the sub-committee after the hearing of a charge has begun unless the substitute has been present throughout the hearing.

(8) The National Executive Council shall not delay unreasonably before charging a member and it shall investigate, hear and adjudicate on a charge as quickly as is reasonably practicable.

(9) Written witness statements shall be prepared setting out the evidence on which the National Executive Council and the member charged intend to rely. The National Executive Council shall send the member charged under this rule copies of all witness statements and other documents to be relied upon in support of the charge. Within 28 days of being sent those documents, the member shall send to the National Executive Council copies of all additional witness statements and other documents on which he/she seeks to rely.

(10) At the hearing of the charge, the member shall be entitled to be accompanied and/or represented by another member of the Union who is not an employee of the Union. There shall be no right to legal representation on the hearing of a charge. If the National Executive Council considers that there are exceptional reasons which make legal representation appropriate, it may allow the member and the National Executive Council to be legally represented at the hearing.

(11) At the hearing of the charge, the National Executive Council shall be entitled to require the member charged to answer questions related to his/her conduct, which is the subject of the charge.

(12) The National Executive Council shall not take account of any evidence or allegation which has not been put to the member and which he/she has not been given an opportunity to contest and/or answer.

(13) Subject to the provisions of this rule, the National Executive Council shall decide its own procedures for investigating, hearing and otherwise dealing with a charge under this rule.

(14) A member against whom a charge is found proven shall be liable to one or more of the following penalties:

(a) Censure.

(b) Removal from all or any specified office(s) held in or on behalf of the Union.

(d) Expulsion from the Union.

(15) Within 28 days of the conclusion of the hearing of the charge, the member charged under this rule shall be notified in writing whether or not the charge has been found proven and if so, the penalty imposed and the member’s right to appeal in accordance with this rule.

Appeals

(16) A member against whom a charge is found proven may appeal against that decision and/or against the penalty imposed by giving written notice setting out the grounds of the appeal to be received by the General Secretary of the Union within 28 days of the date on which the written notice of the outcome of the charge was given or posted to the member.

(17) An appeal shall be heard by an independent Appeal Tribunal consisting of an individual nominated by the Chair of ACAS. The Appeal Tribunal shall hear and adjudicate on an appeal as quickly as is reasonably practicable.

(18) Unless and until annulled or varied by the Appeal Tribunal, the decision of the National Executive Council shall remain in full force and effect.

(19) The National Executive Council shall be entitled to nominate a member of the National Executive Council or an employee of the Union to present its case on the hearing of the appeal.

(20) At the hearing of an appeal the appellant shall be entitled to be accompanied and/or represented by any person of his/her choice who is not an employee of the Union but there shall be no right to legal representation. If the Appeal Tribunal considers that there are exceptional reasons which make legal representation appropriate, it may allow the appellant and the National Executive Council to be legally represented at the hearing.

(21) The Appeal Tribunal shall not consider any evidence which was not presented to the National Executive Council on the hearing of the charge unless the Appeal Tribunal is satisfied that it would have been unreasonable to expect the party seeking to rely on that evidence to have presented it at the hearing of the charge.

(22) Subject to the provisions of this rule, the Appeal Tribunal shall have the power to decide its own procedures for dealing with the appeal.

(23) The Appeal Tribunal shall have the power to annul the National Executive Council’s decision that the charge was proven or to uphold that decision and either confirm or vary the penalties imposed pursuant to this rule.

(24) A member shall be informed in writing of the Appeal Tribunal’s decision on his/her appeal.

(25) There shall be no further appeal from a decision of the Appeal Tribunal.

(26) The National Executive Council shall comply with any decision of the Appeal Tribunal made in accordance with this rule.

40. Dissolution

(1) The Union may be dissolved by a resolution supported by not less than 75% of votes cast in a postal ballot of all the members.

(2) After discharging all debts and liabilities the remaining assets of the Union, if any, shall be distributed equally between the members at the date of dissolution unless the members when voting for dissolution shall have resolved to the contrary.

41. Transitional Provisions [yet to be discussed]

Contents	Page

1. Name	1
2. Registered Office	1
3. Objects	1
4. Membership	2
5. Contributions	4
6. Eligibility to Hold Lay Office	4
7. Period of Membership	6
8. Expenses	6
9. Benefits [Incomplete]	6
10. Workplace Representation	10
11. Industrial/Occupational/Professional Sectors	11
12. Sector Conferences and Committees	13
13. United Crafts [to be discussed further]	16
14. Groups or Associations [Incomplete]	17
15. Gender and Ethnic Balance	17
16. Equalities	17
17. Women’s Structures	19
18. Retired Members	22
19. Branches	22
20. Regional Branch Conferences and Committees	26
21. Regional Councils	27
22. Policy Conference	30
23. President	32
24. Rule Amendments	33
25. National Executive Council	34
26. General Secretary [yet to be discussed]
27. Deputy General Secretary [yet to be discussed]
28. Joint General Secretaries [yet to be discussed]
29. Elections of NEC and General Secretary	40
30. Official Announcements	44
31. Funds	45
32. Trustees [yet to be discussed]
33. Ireland	46
34. Republic of Ireland – Industrial Action	50
35. TUC	52
36. Political Organisation and Representation	53
37. Political Fund	56
38. Obligations of Members	66
39. Discipline	66
40. Dissolution	71
41. Transitional Provisions [yet to be discussed]