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LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION CONSTITUTION


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION CONSTITUTION CONTENTS SECTION/ PARAGRAPH

SECTION HEADING

THE CONSTITUTION 1 2 3 4 4.1 4.2 4.3 5 6 6.5 7 8 9 10 10.1 10.2 11 12 13 14 15 16 16.1 16.2 16.3 17 18

1 NAME AIMS AND OBJECTS MEMBERSHIP GOVERNMENT OF THE UNION Council Executive Committee Referenda AFFILIATIONS FINANCE Union Finance Committee ANNUAL GENERAL MEETING ELECTIONS SABBATICAL POSTS PERSONNEL General Manager Union Staff DISCIPLINE COMMITTEES OF THE UNION POLICY UNION PREMISES INDEMNITY CONSTITUTIONAL AMENDMENTS Constitution Regulations Amendments INTERPRETATION DISSOLUTION

FINANCIAL REGULATIONS 1 2 3 4 5 6 7 8 8.2 9 10 11 12

PAGE

1 1 2 2 2 3 3 3 4 4 5 5 5 6 6 6 6 6 6 7 7 7 7 7 7 8 8 9

INTRODUCTION STATUS OF THE UNION RESPONSIBILITIES FUNDING OF THE UNION STAFFING ACCOMMODATION EQUIPMENT BORROWING AND LEASING Accounts and Financial Management AUDIT INSURANCE INFORMATION REVISION

9 9 9 11 12 12 12 13 13 13 14 14 14

i


FINANCIAL REGULATIONS ANNEX A STANDING INSTRUCTIONS

15

1

15 15 16 16 17 17 17 17 17 18 18 18 18 18 19

1.2 1.4 1.6 1.7 2 2.1 2.2 3 4 4.1 4.2 5 5.1 5.2 5.3 5.4 6 6.1 6.2 6.3 6.4 7 7.1 7.2 7.3 8 9 9.1 9.2 9.3 10 10.1 10.2 10.3 10.4 11 12 13 14 14.1 14.2 14.3 15 16 17 18 18.1 18.2 18.3

ORDERS PLACED Ordering Ceilings Documentation Despatch of Orders GOODS SUPPLIED - DELIVERIES Internal Control Documentation INCOMING MAIL INVOICES RECEIVED General Administration Services CHEQUE PAYMENTS General Central Billing Scheme Regular Payments Under Standing Order/ Direct Debit Payments Ceilings/Levels of Authority STOCK CONTROL Stock Levels Stocktaking and Control Participation Stock Allowances CASH RECEIPTS Trading Non-Trading Games Machine Income CENTRAL CASHIERING CASH PAYMENTS AND REIMBURSEMENTS Petty Cash Casual Labour Cash Requisitions from Students ADVANCES AND LOANS Student Loans Staff Loans Salary Advances Cash Advances CASH BALANCES AND FLOATS CASH/TREASURY MANAGEMENT SALE OR HIRE OF GOODS ON CREDIT SOCIETIES, ATHLETIC UNION AND ENTERTAINMENTS Annual and Periodic Budgets Private Funds Activities CAPITAL EXPENDITURE FINANCE CONTRACTS AND LEASING VEHICLE OPERATIONS INSURANCE AND STEWARDSHIP OF FIXED ASSETS General Fixed Asset Register Sale of Fixed Assets

19 19 19 19 20 20 20 21 21 21 22 22 22 22 22 23 23 23 23 24 24 24 24 24 25 25 25 26 26 26 27 27 27 28 28

ii


18.4

Maintenance Reports ACCOUNTS PREPARATION AND REPORTING General Reports Investigation of Variances Ancillary Control Procedures STAFFING Terms and Conditions Health and Safety General Staff Grievance and Disciplinary Procedure Overtime Casual Labour

19 19.1 19.2 19.3 19.4 20 20.1 20.2 20.3 20.4 20.5 20.6

FINANCIAL REGULATIONS ANNEX B AFFILIATION AND DONATIONS REGULATIONS 1 2 3 4 5 6 APPENDIX 1

AUTHORITY TO AFFILIATE DONATIONS NEW AFFILIATIONS REVIEW OF AFFILIATIONS REPORTING OF AFFILIATIONS ULTRA VIRES ATTORNEY GENERAL’S GUIDANCE ON EXPENDITURE BY STUDENTS’ UNIONS

MEMBERSHIP REGULATIONS 1 2 2.2 2.3 3 4 5 6 7 8 8.1 8.2 8.3 8.4 8.5 9 10 11 11.1 11.2 11.3 11.4 11.5

28 28 28 28 29 29 29 29 30 30 30 30 30 31 31 31 31 31 31 32 33 35

DEFINITIONS MEMBERSHIP OF THE UNION Full Membership Part Time Membership COMMENCEMENT OF MEMBERSHIP OPTING OUT OF MEMBERSHIP RIGHTS OF NON-MEMBERS RESTRICTIONS ON NON-MEMBERS COMPLAINTS PROCEDURE OTHER FORMS OF MEMBERSHIP Associate Membership Alumni Association Members Staff Membership Reciprocal Membership Honorary Life Membership DURATION OF MEMBERSHIP TERMINATION OF MEMBERSHIP RIGHTS AND RESPONSIBILITIES OF MEMBERS Facilities of the Union Membership of Societies and Athletic Union Clubs General Meetings of the Union Council Union Elections

35 35 35 35 36 36 36 36 37 37 37 37 37 37 37 38 38 38 38 38 38 38 39

iii


COMMITTEE REGULATIONS 1 2 3 4 5

40 COMMITTEES OF THE UNION UNION FINANCE COMMITTEE COMMERCIAL SERVICES COMMITTEE HOUSE COMMITTEE OTHER COMMITTEES OF THE UNION

MEETING REGULATIONS 1 2 3 4

42 COUNCIL GENERAL MEETINGS THE EXECUTIVE STANDING ORDERS Chairing Meetings Voting Staff Quorum Notice and Procedures PROXY VOTES OBSERVER STATUS ATTENDANCE AT MEETINGS

4.1 4.2 4.3 4.4 4.5 5 6 7 ELECTION REGULATIONS 1 2 3

INTRODUCTION

4 4.1 4.2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

40 40 40 41 41

42 43 43 44 44 45 45 45 45 46 46 46 47

47 ELECTIONS RETURNING OFFICER/ DEPUTY RETURNING OFFICER METHOD OF ELECTION Council Executive ELIGIBILITY OF CANDIDATES DATES OF ELECTIONS NOMINATIONS HUSTINGS/MEDIA CAMPAIGN COSTS USE OF UNION PROPERTY PUBLICITY BALLOT PAPERS VOTING THE COUNT/RESULTS BREACH OF REGULATIONS OBJECTIONS APPEAL INTERPRETATION AMENDMENTS REFERENDA

ELECTION REGULATIONS ANNEX 1 SABBATICAL JOB DESCRIPTIONS

47 47 48 48 48 48 49 49 50 51 51 51 51 52 52 53 53 53 54 54 54 55

iv


PRESIDENT

55

VICE PRESIDENT (FINANCE & TRADING)

56

VICE PRESIDENT (SOCIETIES & STUDENT DEVELOPMENT) 57 VICE PRESIDENT (COMMUNICATIONS) 58 ATHLETIC UNION PRESIDENT 59 ELECTION REGULATIONS ANNEX 2 RULES FOR ELECTION PUBLICITY 61 CONFERENCE REGULATIONS

62

1 2

62 62 62 62 62 63 63 63

2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 3 4 4.1 4.2 4.3 5 6 6.1 6.2 6.3 6.4 7

ATTENDANCE AT CONFERENCES CATEGORIES OF CONFERENCE National and Regional Policy Conferences Specialist Policy Conferences Training and Briefing Conferences Officer's Conferences and Meetings Ad hoc Conferences ACADEMIC CONFERENCES NATIONAL AND REGIONAL POLICY CONFERENCES Election to National Policy Conferences Elections to Regional Policy Conferences Disqualification of Candidates CONDUCT OF DELEGATES AT NATIONAL AND REGIONAL POLICY CONFERENCES ATTENDANCE AT OTHER CONFERENCES Specialist Conferences Training and Briefing Conferences Officers Conferences and Meetings Ad Hoc Conferences FUNDING OF CONFERENCES

63 63 63 64 64 65 65 65 65 65 65

SOCIETY, ATHLETIC UNION AND AU CLUBS’ REGULATIONS

66

A 1 2

66 66 66

SOCIETY REGULATIONS RECOGNITION OF SOCIETIES REGISTRATION OF SOCIETIES

v


3 4 5 6 7 8 9 10 11 12 13

CONSTITUTION OF THE SOCIETY MEMBERSHIP OF SOCIETIES REGISTRATION OF SOCIETY MEMBERSHIP MEMBERSHIP FEES TO SOCIETIES OFFICERS OF SOCIETIES REPRESENTATION OF SOCIETIES FINANCES SUBMISSION OF SOCIETY BUDGETS PROVISION OF FUNDS FOR SOCIETIES ALLOCATION OF FUNDS TO SOCIETIES CONTROL OF SOCIETY FUNDS SURPLUSES UTILISATION OF MEMBERSHIP FEES UNDERSPENDING ULTRA VIRES PAYMENTS SOCIETY ACTIVITIES SOCIETIES’ EVENTS USE OF SOCIAL CLUB FACILITIES POWERS OF THE COUNCIL POWERS OF THE EXECUTIVE COMMITTEE AMENDMENTS TO THE REGULATIONS GOVERNING SOCIETIES

14 15 16 17 18 19 20 21 22 23

67 67 67 68 68 69 69 70 70 70 71 72 72 72 72 72 73 73 74 74 74

B

ATHLETIC UNION REGULATIONS

75

C

ATHLETIC UNION CLUB REGULATIONS

78

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 APPENDIX 1

CLUB RECOGNITION REGISTRATION CLUB CONSTITUTION CLUB MEMBERSHIP REGISTRATION CLUB’S MEMBERSHIP FEES CLUB OFFICERS REPRESENTATION OF CLUBS FINANCES CLUB BUDGETS CLUB FUNDING FUNDING ALLOCATION FUNDS CONTROL SURPLUSES UNDER SPENDING ULTRA VIRES PAYMENTS CLUB ACTIVITIES CLUB EVENTS USE OF SOCIAL CLUB FACILITIES (T. Road) POWERS OF SPORTS EXECUTIVE COMMITTEE POWERS OF THE EXECUTIVE COMMITTEE AMENDMENTS TO THE REGULATIONS GOVERNING MEMBER CLUBS ATTORNEY GENERAL'S GUIDANCE ON EXPENDITURE BY STUDENTS’ UNIONS

78 78 78 79 79 79 79 80 80 81 81 81 81 82 82 82 83 83 84 84 84 84 85

vi


COMPLAINTS AND DISCIPLINARY PROCEDURES

86

1 2 3 4 5

87 87 88 88 89 89 89 89 89 89 89 89 90 90 90

6 7 8

9 10 11 12 13

14 15

16

PREAMBLE NON-MEMBERS TYPES OF COMPLAINT INAPPROPRIATE BEHAVIOUR WHO TO COMPLAIN TO 5.1 Complaining About Students 5.2 Complaining About Union Staff 5.3 Complaining About Sabbatical Officers ON RECEIPT OF A COMPLAINT INVESTIGATING THE COMPLAINT DECISIONS 8.1.(i) Dismiss the Complaint 8.1.(ii) Suggest a Resolution 8.1.(iii) Uphold the Complaint 8.1.(iv) Initiate the Disciplinary Procedure APPEALLING AGAINST A COMPLAINT DECISION WHO TO APPEAL TO 90 HOW TO APPEAL 90 DISCIPLINARY PROCEDURE 91 STAGE ONE DISCIPLINE OF AN ORDINARY MEMBER (STUDENT) 13.3 Composition of the Committee at Stage One STAGE TWO APPEALS 14.3 Grounds for Appeal 14.4 Appeals Committee DISCIPLINE OF UNION OFFICERS 15.2 Responsibility 15.4 The Disciplinary Process 15.6 Gross Misconduct 15.7 Disciplinary Action – Standard Procedure 15.8 Disciplinary Action – Motion to No Confidence With Immediate Effect 15.11 Decisions APPEALS AGAINST DISCIPLINARY ACTION

90

91 91 92 92 93 93 93 94 94 94 94 95 95

TERMS OF OFFICE - SABBATICAL OFFICERS

97

TRUSTEE DECLARATION

102

vii


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION THE CONSTITUTION 1 1.1

2

NAME There shall be a Students’ Union, as provided for in the Articles of Association of London South Bank University (“the University”), the name of which shall be “London South Bank University Students’ Union” (the “Union”). AIMS AND OBJECTS The Aims and Objects of the Union will be:

2.1

To be the sole democratic representative body of all the students at the University

2.2

To advance the education of its members

2.3

Promote the general welfare of the students

2.4

To encourage student societies, sports and social activities

2.5

To act as a channel of communication between its members and the University and other bodies

2.6

Governed in accordance with the Constitution, Regulations and the Strategic Plan. To the extent that it is authorised by this Constitution, including the Financial Regulations hereunder, duly approved by the University’s Board of Governors (“The Board”), and subject always to the provisions of the relevant statutory requirements including those set out in the Education Act 1994, the Union’s Executive Committee may exercise the following powers, which the Union acknowledges as powers delegated by the University. (i) (ii) (iii) (iv)

(v) (vi) (vii) (viii) (ix)

Power to buy, take on lease or in exchange any property necessary for the achievement of the Aims and Objects and to maintain and equip it for use; Power subject to any consents required by law to sell, lease or dispose of all or any part of the property of or held in the name of the Union; Power subject to any consents required by law to borrow money and to charge all or any part of the property of held in the name of the Union; Power to employ such staff (who shall not be members of the Executive Committee) as are necessary for the proper pursuit of the Aims and Objects and to make all reasonable and necessary provision for the payment of pensions and Superannuation for staff and their dependants; Power to cooperate with other charities, voluntary bodies and statutory authorities operating in furtherance of the Aims and Objects or of similar charitable purposes and to exchange information and advice with them; Power to establish or support any charitable trusts, associations or institutions formed for all or any of the Aims and Objects; Power to appoint and constitute such advisory committees as the Executive Committee may think fit; Powers to do all such other lawful things as are necessary for the achievement of the Aims and Objects. Power, subject to agreement by the The Board, exceptionally to co-opt members to fill vacancies on the Council that remain vacant after elections have been held in accordance with Regulations. 1


(x)

3

Power to create and implement the strategic plan and review it on an annual rolling basis projecting two years forward, to mirror university’s strategic process and to present it annually to the University for Information Purposes.

MEMBERSHIP

3.1

All full-time or part-time students who are fully enrolled at London South Bank University for degrees and diplomas shall, subject to this Constitution, be Full Members of the Union. This includes students on industrial and sandwich courses who are on a oneyear's industrial attachment, unless they exercise the right not to be members as laid down in Regulations.

3.2 Full Membership shall be confined to students who satisfy the criteria set out in 3.1 above. Other categories of membership with restricted rights as laid down. 3.4 In accordance with the 1994 Educations Act, any registered student has the right not to be a member of the Union and can Opt Out from membership.. 3.5 Non-membership must be effected in accordance with the Regulations on Membership. 4

GOVERNMENT OF THE UNION

4.1 Council 4.1.1

There shall be a Council elected annually in accordance with the Regulations which shall be accountable to the University and its members for the furtherance of the aims and objects of the Union and which must meet at least once a term.

4.1.2

The Council shall be responsible for the determination of Union policy except where a policy is determined by referendum.

4.1.3

The Council shall consist of 33 elected members with the number of members determined in accordance with paragraph 4.1, Election Regulations: • The Sabbatical Officers (5 full time and one plus one part time post); • 12 Members elected by and from each Faculty by and from an electoral college composed of all Course Board Representatives within each faculty, convened and facilitated for this purpose by the Dean of Faculty, as required by The Board and in accordance with the Union’s Election Regulations. The procedure for elections to be agreed by the Deans, together with the Returning Officer, and to be common across all schools; • 5 Student Representative Officers elected by Cross Campus ballot • The three chairs of the course/cultural and external societies committees; • Three members to be elected by and from the course/cultural and external societies committees; • Two members to be elected by and from the Athletic Union • Two Student Governors

4.1.4

The General Manager of the Union, or their nominee, shall be the Permanent Secretary of the Council with responsibilities as defined by Regulations. The General Manager shall have speaking rights only.

4.1.5

The Council shall ensure that an Annual General Meeting of the members of the Union is called.

4.1.6

The Council shall make provisions for the calling of Emergency General Meetings of members of the Union in accordance with Regulations. 2


4.2 Executive Committee 4.2.1

An Executive Committee shall be elected annually in accordance with the Regulations. The Committee shall comprise 13 members (Trustees) - the Sabbatical Officers (6) and 7 members elected by and from the Council.

4.2.2.

All property of the Union shall be held by the Executive Committee in trust for the members of the Union.

4.2.3

The Executive Committee elect shall commence their terms of office subject to completion of an appropriate course of training approved by the Board of Governors and to completion of an appropriate hand over, including training on the roles and responsibilities of Trustees.

4.2.4

Subject to 4.2.3, the Executive Committee shall be responsible to the Council for managing the Union's affairs and for carrying out Union policy as determined by Council and Referenda.

4.2.5

The General Manager of the Union shall be the Permanent Secretary of the Executive Committee with responsibilities as defined by Regulations. The General Manager shall have speaking rights only.

4.3 Referenda 4.3.1

There shall be a referendum if called in accordance with Regulations, which shall determine an issue of policy or as required by law and which shall be binding on the Union.

4.3.2

No issue other than a referendum on affiliations as required by the 1994 Education Act shall be put to a referendum if it has already been put to a referendum in the preceding academic session.

4.3.3.1.1.1.1.1 AFFILIATIONS 5.1 The Union has the right to affiliate to any organisation, which furthers its aims, subject to passing a resolution at Council, provided that the affiliation is in accordance with the Education Act 1994, or other relevant law. 5.2 All affiliations by societies and the Athletic Union shall be approved by Council. 5.3 A list of affiliations shall be included in the notes to the Annual Accounts, which shall be submitted to the AGM of the Union. Copies shall be available from the Union offices. 5.4 Members of the Union may, in accordance with the Regulations, vote at a quorate AGM to refer any affiliation(s) to cross campus ballot for election. 5.5 There shall be procedures for the review of affiliations as provided in the Regulations. 6

FINANCE

6.1

All property and assets of the Union, including the assets granted to the Union by the University, any income received by the Union and any money raised by making a collection for the purpose of making donation to external organisations or individuals shall be held by the Executive Committee, as Trustees, on behalf of the members of the Union.

3


6.2

The Executive Committee may invest any assets held on behalf of the Union to the intent that they shall have the same full and unrestricted powers of investment in all respects as if they were absolutely and beneficially entitled to them.

6.3

The Executive Committee shall have power (subject to the consent of the Senior Treasurer) to spend Union assets or money to achieve the aims and objects set out in section 2 above or any purpose reasonably incidental to those aims and objects as they shall deem fit subject to the following restrictions:

6.3.1

In the case of any assets held by the Executive Committee which are subject to the jurisdiction of the Charity Commission for England and Wales they shall be dealt with in accordance with, and subject to the same restrictions as are contained in Article 3 (15) (iii) of the Memorandum of Association of the University and in particular the Executive Committee shall not make any expenditure out of such assets for a purpose which is not charitable or which would jeopardise the charitable status of the University or of the Union;

6.3.2

No donation shall be made to any external organisation or individual except in accordance with the Regulations and as permitted by law.

6.3.3

No affiliation fee or subscription shall be paid to any organisation if affiliation to that organisation has been disapproved by the members of the Union at a General Meeting or the Council, or is subject to approval by referendum or is in breach of Union policy.

6.4

The Union shall at all times provide for the proper control of its financial affairs in accordance with the Regulations and, in particular:

6.4.1

The Union shall annually appoint a Senior Treasurer, who shall not be either an employee of the Union or a member of the Union, who is mutually acceptable to The Board and to the Union. If a Senior Treasurer is not appointed by the end of the second week in October then The Board shall appoint a Senior Treasurer.

6.4.2

The Senior Treasurer shall have access to the accounts of the Union at all times, monitor expenditure on behalf of The Board and ensure that the Union complies with proper accounting procedures.

6.4.3

The Finance Manager of the Union shall compile and keep in proper order accounts setting out the Union's financial affairs, which shall be submitted to annual audit by the auditors appointed by the members of the Union in Annual General Meeting.

Union Finance Committee 6.4.3

There shall be a Union Finance Committee (UFC) which shall be a sub-committee of Council and which shall receive and scrutinise the monthly management accounts before they are passed to the Vice Chancellor, and report to Council.

6.5.2

The composition and conduct of the UFC shall be in accordance with the Regulations.

7

ANNUAL GENERAL MEETING

7.1

There shall be an Annual General Meeting of the Union called and conducted in accordance with the Regulations which shall:-

7.1.1

Appoint auditors;

7.1.2

Receive an audited income and expenditure account and a balance sheet for the previous accounting period; 4


7.1.3

Receive the report of the auditors;

7.1.4

Receive the annual report.

7.2 The annual report shall include a list of external organisations to donations in the period to which the report relates and details contain a list of external organisations to which the Union subscriptions or similar fees paid or donations made to such to which the report relates.

which the Union has made of those donations. It shall is affiliated and details of organisations in the period

7.3

Copies of the Audited Accounts, the auditor's report and of the annual report shall be presented to The Board by the end of the Autumn Term following the end of the accounting period concerned and will be made available to all members at the Union offices.

8

ELECTIONS

8.1

All posts of Union Officer as defined in the Regulations including officers of Union clubs and societies shall be filled by annual elections in accordance with the Regulations.

8.2

All other elections for Sabbatical posts (which shall be deemed by this Constitution to be major Union Offices) shall be by cross campus ballot conducted by the Union in accordance with the electoral regulations as agreed by The Board.

8.3

All elections and referenda shall be conducted in accordance with the Regulations.

8.4

A Returning Officer shall be appointed from the NUS staff (with on campus support from Deputy and Vice Deputy Returning Officers appointed by the University who shall be established members of the University’s staff) who shall consult with the University and the Union on matters of dispute in accordance with the Regulations.

9

SABBATICAL POSTS

9.1

The number of Sabbatical posts to be filled by election each year shall be reviewed from time to time by the Union, and shall be subject to approval by The Board.

9.2 Only full members of the Union may stand for election to a Sabbatical post. 9.3 No elected Sabbatical Officer may serve as a Sabbatical Officer for more than two terms of office in accordance with the provisions of the 1994 Education Act. 9.3.1

All elected Sabbatical Officers shall register as students of the University, facilitated by a Pro Vice Chancellor .

9.3.2

Any Sabbatical Officer who ceases to be a registered student or Trustee shall automatically cease to be a Union Officer.

10

PERSONNEL

10.1

General Manager

10.1.1 There shall be a General Manager who shall be appointed jointly by the University and the Union and who shall be an employee of the University.

5


10.1.2 The General Manager shall be accountable to a Pro Vice Chancellor for the efficient and effective management of the Union's administration. 10.1.3 The General Manager or their nominee shall be the non-voting Permanent Secretary of all Union Committees. 10.2

Union Staff

10.2.1 The General Manager, in consultation with the President, shall be responsible for the appointment and management of Union staff. In so doing the President and General Manager shall comply with current employment legislation, as well as the Union’s and University’s policy. 11

DISCIPLINE

11.1

The University’s Disciplinary Procedures shall apply to all members of the Union and Union Officers.

11.2

The Union shall be expected to deal with minor offences of a non-academic nature that occur in the Union in accordance with its internal disciplinary procedure as set out in The Regulations.

12

COMMITTEES OF THE UNION

12.1

The Council shall establish such sub-committees as it considers necessary for the furtherance of the aims and objectives of the Union.

12.2

All committees of the Union shall operate in accordance with the Regulations.

12.3

The President, Athletic Union President and the Vice President Societies and Activities shall be voting ex-officio members of all Union committees. The President shall be a non-voting ex-officio member of Society and Athletic Union Committees. The AU President shall be a non-voting ex-officio member of Athletic Union committees and the Vice President Societies and Activities shall be a non-voting ex-officio member of all Union Societies..

13

POLICY

13.1

Policy of the Union shall be determined by the Council and Referenda.

13.2

Policy of the Union shall be re-presented every two years to the Council by the President. The Council will then vote on whether to continue this policy and unless the Council determine to do so, the policy shall lapse.

13.3

Policy shall be made consistent with the aims and objects of the Union and shall be binding on all Committees of the Union.

14 UNION PREMISES 14.1

The Union shall occupy such premises as shall be agreed between the Union and the University under such terms as shall be agreed between the parties.

15 INDEMNITY 6


15.1

Every Officer or Member of staff of the Union shall be entitled to be indemnified out of the assets of the Union against all losses or liabilities which they may sustain or incur in or about the execution of their office or otherwise in relation thereto and no Officer, appointee or member of the staff of the Union shall be liable for any loss, damage of misfortune which may happen to or be incurred by the Union in the execution of the duties of his/her office in relation thereto; provided that nothing in this clause shall affect their liability for the consequences of a wilful or fraudulent act on their part.

16 CONSTITUTIONAL AMENDMENTS 16.1

Constitution

16.1.1 The Council, in accordance with the Regulations, shall consider and agree any proposal for an amendment to the Constitution. 16.1.2 The President or another Sabbatical Officer in their absence shall submit the amendment proposal to the Board of Governors for consideration. 16.2

Regulations

16.2.1 A proposal to amend a Regulation shall be passed at two successive meetings of Council, not less than ten teaching days and not more than twenty teaching days apart, by a two-thirds majority. 16.2.2 A proposal to amend the terms of reference of the Council shall be treated as an amendment to the Constitution as in accordance with 16.1 above. 16.3

Amendments

16.3.1 No amendment to this Constitution or its Regulations shall be valid until ratified by the Board of Governors. The President is responsible for submitting all amendments to The Board through the University’s Secretary and Clerk to The Board. In the President’s absence another Sabbatical Officer may submit items for consideration to The Board. 16.3.2 The Constitution shall be deemed to be amended if such amendment is required by The Board. 17 INTERPRETATION 17.1

In the event of a challenge to the interpretation of any part of this constitution, the ruling of the President shall be sought. In the President’s absence another Sabbatical Officer may give the ruling

17.2

In the event of a challenge to the ruling, the decision shall be taken to the Executive Committee.

17.3

If a member of the Union remains unsatisfied with the ruling of Executive Committee they may appeal to the University Board of Governors through the University’s Secretary and Clerk to the Board. The ruling of the University Board of Governors shall be final.

18

DISSOLUTION

18.1

The Union shall be dissolved on the occurrence of one of the following:

18.1.1 Amendment to Article 21 after seeking approval of the Privy Council; 7


18.1.2 The insolvency of the Union; 18.1.3 By majority referendum of the members. 18.2

On dissolution all assets remaining after satisfaction of all debts and liabilities shall be deemed to belong to the University for the benefit of members of the University, subject to the approval of the Charity Commission.

London South Bank University Students’ Union Approved by the Board July 24th 2003 with minor amendments July 15th 2004 [Paper No. BG 31 (04)]

8


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION REGULATIONS FINANCIAL REGULATIONS 1

INTRODUCTION

1.1

The following documents are annexed to and form part of these Regulations: A. London South Bank Students’ Union’s Standing Instructions. B. Affiliation and Donation Regulations including Appendix 1 - Attorney General’s Guidance on Expenditure by Students’ Unions.

2

STATUS OF THE UNION

2.1

The Union is formed under the Articles of Association of the University and is deemed to be an unincorporated association, which has charitable status. Both by its objects and by derived association with the University, the Charity Commission have declared the Union to be a charity.

3

RESPONSIBILITIES

3.1

The Board is responsible, under the 1994 Education Act, to ensure the Union operates in a fair and democratic manner and is accountable for its finances.

3.2

The Board will exercise these responsibilities by:

3.3

a)

Approving the annual budget of the Union at the beginning of the financial year to which it applies.

b)

Deciding any reasonable conditions that may apply to the annual payment of grant by the University as required by current legislation or the Attorney General’s guidance;

c)

Specifying the format of the Union’s annual accounts submission to the University which form part of the consolidated accounts of the University.

d)

Receiving the Union’s accounts termly during the year and satisfying itself that the annual grant is being spent in accordance with the annually approved budget;

e)

Appointing a Senior Treasurer of the Union, if the Union has failed to do so by the end of the second week in October;

f)

Approving the number of Sabbatical posts, following their review from time to time by the Union;

g)

Agreeing the framework within which the Vice Chancellor will decide the amount of annual grant to the Union by the University.

The Vice Chancellor, as Accounting Officer for the University, is responsible to the H.E.F.C.E. for the funds provided by H.E.F.C.E. and accountable as the Chief Executive to The Board for all other funds. They will exercise these responsibilities by: a)

Deciding the amount of the annual grant to the Union from the University within a framework agreed by The Board;

b)

Making arrangements for the appointment of the General Manager of the Union in accordance with the Union’s constitution; 9


3.4

3.5

3.5.1

c)

Allocating accommodation for the Union;

d)

Maintaining an oversight of the finances of the Union in the course of the financial year by the receipt of monthly management accounts;

e)

Satisfying him/her self through the Senior Treasurer that the Union has appropriate arrangements for good financial management, including procedures that demonstrate value for money.

The Senior Treasurer of the Student Union in accordance with the Union Constitution shall: a)

Give regular advice to the Union on financial procedures/management and demonstrate procedures to show value for money.

b)

Have access at all times to the financial records of the Union;

c)

Ensure expenditure on behalf of The Board is only in accordance with the agreed budget, but may at his/her discretion, exceptionally permit virements between budget headings, which shall be reported to The Board.

The Students’ Union’s Executive Committee is responsible for: a)

Holding all assets of the Union, as Trustees on behalf of all members of the Union;

b)

Ensuring that Union money is expended in accordance with the budget, the aims and objects of the Union and within its Financial Regulations;

c)

Seeking appropriate investment advice in consultation with the Senior Treasurer before investing Union Funds;

d)

Approving a draft budget for submission to the Vice Chancellor;

e)

Seeking the written prior approval of the Senior Treasurer for any virement between budget headings, leasing or borrowing arrangements and anyway any capital expenditure over £1000.

The Executive will exercise these responsibilities by: a)

Delegating responsibility for the day to day administration of the Union’s finances to the President by liaison with the General Manager and/or Finance Manager.

b)

Ensuring that the Union’s Subvention Grant from the University, monies raised by trading outlets and any other funds generated by Union-wide initiatives are not used for: • Loans, grants or subsides to individual students; • Donations or payments to persons and bodies outside the Union except for subscriptions to national or regional student bodies approved by Council or payment for supplies and services rendered. In particular, no part of such funds shall be used to support or further the aims or activities of any body, group or campaign of political nature, nor be paid to any voluntary body or and other Educational establishment or any group of persons at any other Educational establishment; • the benefit of individuals in any way that would not be equally available to the membership as a whole; • Ultra Vires payments as defined by the Attorney General. 10


3.6

c)

Ensuring that budget holders comply with these financial procedures when committing Union expenditure.

d)

Ensuring that all Societies and the Athletic Union comply with these Regulations.

e)

Ensuring that all orders for goods and services shall only be placed in accordance with Standing Instructions.

The Union’s General Manager is accountable to a Pro Vice Chancellor for the efficient and effective management of the Union’s administration and is responsible for: a)

The financial management of the Union’s affairs;

b)

Staffing matters;

c)

Commercial activities;

d)

Advice to the Union’s Executive Committee;

e)

Liaison with senior staff of the University on financial, staffing, accommodation and other matters.

4

FUNDING THE UNION

4.1

The Union has two main sources of funding; a)

The grant paid each year by the University

b)

Surplus generated from the commercial activities of the Union’s Social Club/trading activities.

c)

The University shall annually allocate a grant to the Union. The funds shall be subject to such terms and conditions as The Board may from time to time determine, subject as the provisions of the Charities Acts.

4.2

The amount of the grant shall be determined each year by the Vice Chancellor in the context of the University’s overall financial position, and the framework determined by The Board.

4.3

The University shall make payments by monthly instalments in advance, or as determined by the Vice Chancellor.

4.4

The grant may only be used in accordance with the budget agreed by The Board.

5

STAFFING

5.1

The post of General Manager shall be an employee of the University, reporting to a Pro Vice Chancellor. Other posts, agreed between the Union and University, may also be employees of the University; with the Union being recharged either the full or a proportion of the salary cost.

5.2

All other established staff shall be employees of the Union. The following conditions shall apply to all staff of the Union; a)

They shall be appointed under the Union’s procedures for the recruitment and 11


appointment of staff, which shall be produced in consultation with the Head of Human Resources and approved by the Executive Committee. b)

The recruitment arrangements shall be handled by the General Manager.

c)

They shall usually be appointed to and remain on the University’s appropriate spine point pay scale for staff.

d)

They shall be subject to the Union’s staff Disciplinary and Grievance procedures and other conditions of service, which shall be negotiated with and approved by the appropriate trade Union.

5.3

The General Manager shall recommend all recruitment to established posts to the Executive Committee and shall approve all appointments to Term Time Only (T.T.O.) and casual posts in consultation with the President. The Executive shall approve all appointments of staff to established full time posts.

6

ACCOMMODATION

6.1

The University shall provide accommodation for the Union at the Southwark Campus, Turney Road and the Havering campus. The accommodation should remain at all times the property of the University. The use of the accommodation by the Union shall be governed by an agreement with the University. This agreement shall specify the extent of the University accommodation allocated to the Union, and the uses to which it may be put.

6.2

The University shall be responsible for the facilities management of all the buildings/areas provided for Union use, in accordance with agreement made between the University and the Union. Any additional costs not covered by this agreement, arising from social events organised by the Union, shall be borne by the Union.

6.3

Any additional cleaning, security or other costs arising from social events organised by the Union, which are not already covered in the agreement relating to the facilities management of the Union shall be borne by the Union.

6.4

The Union may bid for the University minor works funds for the refurbishment work to the accommodation allocated to it as part of the preparation for the annual refurbishment programme.

7

EQUIPMENT

7.1

The Union may purchase equipment from the funds provided in its budget, subject to adequate funding being available. The Union shall take advantage of any consortium purchasing arrangements available to students’ unions, or to the University when this is applicable. Any capital expenditure over £1000 from the Union’s bank account(s) must be agreed in advance by the Senior Treasurer.

7.2

The Union may apply to the University for additional grants to fund the purchase of specific items of equipment where these cannot be funded from the main grant. Such an application must be approved by the Vice Chancellor before any commitment to purchase is entered into.

7.3

The disposal of all equipment or other assets with the lower of either a current purchase price or net book value of £500 or more shall require the approval of the Senior Treasurer. All disposals of equipment/assets below the value of £500 must be notified in writing to the Senior Treasurer, and fixed asset register duly altered. 12


8

BORROWING AND LEASING

8.1

The Union shall seek with the prior written approval of the Senior Treasurer for any borrowing or leasing arrangements, which carry a liability of more than £1000 per annum. The Union may not offer as security on a loan any assets owned by the University.

8.2

Accounts and Financial Management

8.3

The Union shall keep proper accounting records, and shall prepare for each financial year a statement of accounts. It shall provide these audited accounts to the University Secretary and Clerk to The Board for presentation to the Audit Committee, other Committees and The Board after consultation and approval by the Senior Treasurer.

8.4

The information contained in the accounts shall conform to the current HEFCE guidance, approved SORPs and FRS’s in respect of the income and expenditure account, the balance sheet, and the notes to the accounts.

8.5

The Union shall plan and conduct its financial affairs so that its total income is no less than sufficient, taking one year with another, to meet its total expenditure. It shall have discretion to create such reserves and provisions as seem to it prudent to manage its affairs effectively. Its accrued recurrent expenditure may only exceed accrued recurrent income provided that: a)

The deficit in income is covered by reserves;

b)

Any accumulated deficit is cleared by the end of the second financial year in which the deficit began to accumulate.

8.6

The University shall provide a monthly statement of how much has been allocated out of the grant to the Vice Chancellor and to the Union. The Union shall provide to the Vice Chancellor monthly management accounts, which will show the current operating position to budget.

8.7

The financial affairs of the Union shall be regulated by its financial regulations, which shall be approved by The Board in accordance with the Constitution.

9

AUDIT

9.1

The Union’s General Manager and the President shall ensure that the Union has a sound system of internal controls. The financial records of the Union shall be open to inspection by the Vice Chancellor or his nominee, in fulfilment of his duties as Accounting Officer of the University, the Senior Treasurer and to the Internal Audit Service of the University.

9.2

The Vice Chancellor may initiate value for money and other studies of the activities of the Union, with the agreement of The Board.

9.3

The Union shall make arrangements for its annual accounts to be audited by a firm of Chartered Accountants approved for this purpose, in accordance with the Constitution.

10

INSURANCE

10.1

The University shall take out insurance on the accommodation allocated to the Union as required under the agreement to occupy the accommodation and by law.

10.2

The Union shall take out insurance on the contents of that accommodation, including equipment, furniture and fittings. It shall also take out insurance for public liability, 13


personal liability and employee liability, and for such other purposes as the University’s Director of Finance may reasonably advise. 11

INFORMATION

11.1

The Union shall provide the University with such information as may be required by the Vice Chancellor upon receipt of a written request to discharge her of his responsibilities as Accounting Officer of the University.

12

REVISION

12.1

Any revision of these Financial Regulations must be by consultation with the Senior Treasurer and approved in accordance with the Constitution before taking effect.

London South Bank University Students’ Union Approved by The Board July 24th 2003 with minor amendments July 15th 2004 [Paper No. BG 31 (04)]

14


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION FINANCIAL REGULATIONS ANNEX A - STANDING INSTRUCTIONS CONTENTS

SECTION

Orders placed Goods Supplied – Deliveries Incoming Mail Invoices Received Cheque Payments Stock Control Cash Receipts Central Cashiering Cash Payments and Reimbursements Advances and Loans Cash Balances and Floats Cash/Treasury Management Sale or Hire of Goods on Credit Societies, Athletic Union and Entertainments Capital Expenditure Finance Contracts and Leasing Operation Vehicle Operations Insurance and Stewardship of Fixed Assets Accounts Preparation and Reporting Staffing

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Failure to comply with these standing instructions may constitute a breach of your work responsibilities and which could result in disciplinary action being instigated. 1

ORDERS PLACED

1.1

No expenditure should be incurred before a formal order has been prepared and appropriately authorised.

1.2

Ordering All expenditure must be documented with a formally approved order originating from: University Central Admin Athletic Union Sports Clubs Societies Communications Trading Rag Week Entertainment Bars/Catering Vending Supplies Capital Expenditure

1.3

General Manager General Manager/Finance Manager Athletic Union President VP Societies and Activities VP Communications Line Managers President General Manager/Venue and Bar Manager Bar Manager and Turney Road Bar and Catering Manager and General Manager General Manager/Line Managers/Cellar person Line Managers, subject to budget allocation and prior approval of the Executive/Senior Treasurer.

Expenditure budgets must be adhered to at all times. Proposed expenditure that falls outside of any budgets must be referred by the Finance Department to the General Manager/President for approval. 15


1.4

Ceilings

1.4.1

The following ceilings should be adhered to at all times: ÂŁ Sabbatical Officers Athletic Union Sports Clubs 500 Societies and Activities 500 Communications 500 Welfare and Campaigns 500 Staff University Central Admin Trading Entertainment Bars/Catering Vending & Supplies Student Advice Bureau and Training Capital Expenditure Leases

1,000 500 2,000 750 3,500 300 750 1,000 see also overleaf Refer to sections 1 and 16.

1.4.2

Before orders are placed the Finance Office must be informed (checking remaining budget) and the order must be approved/countersigned by one of the following , the General Manager, Finance Department or the President . Where orders are above the ceilings, either the General Manager/Finance Manager and the President must countersign the order.

1.4.3

All orders for capital expenditure and leases must be approved by the Executive in the first instance.

1.4.4

All expenditure in excess of the approved ceilings must be reported to the Executive by the Finance Department as part of the monthly financial reports.

1.5

Documentation

1.5.1

All order pads must be pre-numbered and produced in duplicate, identifying the following: a. b. c. d. e. f. g. h. i. j. k. l. m.

Date of Order Supplier Goods or services ordered Price quoted Total order value Indication of any discount/terms Estimated delivery date Budget heading and cost code Identity of authorised signatory Identity of person initiating order Place for counter approval (If required) Nature of expenditure i.e. capital/revenue Notes.

1.5.2

Order forms may only be obtained by the authorised person on request to the Finance Department. The Finance Department will maintain a record of all order pads in issue.

1.6

Despatch of Orders 16


1.6.1

Completed order documentation should be dispatched as follows: a. b.

Copy 1 Supplier Copy 2 Retained by Line Manager/Originator for agreement with purchase invoice when received. A copy of the order must be given/shown to the Finance Department 2

GOODS SUPPLIED – DELIVERIES

2.1

Internal Control

2.1.1

Before goods are accepted, the goods being delivered must be agreed to the supplier’s delivery documentation. Any discrepancies must be highlighted on the supplier’s copy and the suppliers must be notified, either directly or through the Finance Department. Delays in such notification should always be kept to a minimum.

3

INCOMING MAIL

3.1

All incoming mail should be distributed to the appropriate members of staff/Officer without delay.

3.2

All incoming mail must be date stamped in respect of the Finance Department only.

3.3

All suppliers must be informed that all invoices and documentation must be addressed to the Union’ offices, for the attention of the Finance Department.

3.4

All invoices or accounts information must be passed directly to the Finance Department.

3.5

A separate record of all cheques received should be prepared as the post is opened which should be attached to the cheques etc. passed to the Finance Department for processing. The list should be signed by those opening the post and counter signed by the Finance Department confirming completeness.

3.6

Any suppliers’ documentation received elsewhere must be sent to the Finance Department immediately, without any further action being taken.

4

INVOICES RECEIVED

4.1

General

4.1.1

The Finance Department must process all purchase invoices immediately on receipt.

4.1.2

When processed and stamped with the ‘control box’, all invoices must be distributed for verification and approval by the person responsible for placing the order.

4.1.3

Invoices must be approved and returned to the Finance Department within three working days. This should be monitored and controlled by the Finance Department.

4.1.4

Invoices should be approved by the Line Managers as follows, and the ‘control box’ stamped on the invoices complete, signed and dated. a. b. c. d.

Arithmetic accuracy confirmed. Agreement to delivery documentation (Referenced to internal GRN). Agreement to order documentation. (Referenced to Order Note). As detailed under section 3 suppliers’ delivery documentation is to be attached to 17


all invoices before they are returned to the Finance Department. 4.1.5

Approved invoices should be returned to the Finance Department who should then attach their copy of the Order Note..

4.1.6

Unmatched internal GRNs should be reviewed regularly, suppliers informed and copy invoices requested by the Finance Department.

4.1.7

Any discrepancies arising should be noted either on the face of the invoice or on an internal memo stapled to the invoice. All variances are to be resolved by the Finance Department.

4.2

Administrative services:

4.2.1

Invoices in respect of general overheads are to be approved before payment by the General Manager. Variances should be resolved with suppliers by the General Manager.

5

CHEQUE PAYMENTS

5.1

General

5.1.1

Cheques should not be drawn by the Finance Department unless the invoices or supporting documentation has been appropriately approved.

5.1.2

Cheque requisitions should be prepared and filed for all non purchase ledger expenditure and must be signed by the claimant, one authorised cheque signatory and a senior member of staff.

5.1.3

Cheques should be prepared by the Finance Department and provided for signature with the relevant documentation attached.

5.1.4

Cheques should not be signed unless the appropriate supporting documentation is available and the approval controls have been evidenced.

5.1.5

The issue of pre-signed cheques is strictly prohibited.

5.2

Central Billing Scheme

5.2.1

All direct debit payments made in respect of the Central Billing Scheme must be reconciled to approved purchase invoices. Any discrepancies must be investigated as an immediate priority.

5.3

Regular Payments under Standing Order/Direct Debit arrangements

5.3.1

A memorandum of all such payments will be kept by the Finance Department to identify the scope of such commitments and to verify all such payments processed directly by the Union’s Bank. Refer also to section 16.

5.4

Ceilings/Levels of Authority

5.4.1

All cheque payments must be signed by the President (and in their absence another Sabbatical Officer) and one of the other Sabbatical Officer as Trustees of the Union. Cheque payments over ÂŁ500 must be signed by the President. All cheques must be prior approved by the Finance Manager before being given up for signature. Cheque payments over ÂŁ1000 should be approved by the General Manager before

5.4.2 5.4.3 5.4.4

18


5.4.5 5.4.6

signature. Any payments exceeding ÂŁ5000 require the approval of the Senior Treasurer. In any case only Sabbatical Officers are mandated to sign cheques.

6

STOCK CONTROL

6.1

Stock Levels

6.1.1

Members of staff responsible for trading operations will discuss and agree the levels of stock necessary for their particular operation with the General Manager, Finance Department and President. This will be undertaken on a termly basis in advance.

6.1.2

Actual and estimated stock levels should be monitored on a monthly basis. The investment in new stock lines, in particular those held by the shops, shall be confirmed by the General Manager and the President in consultation with the relevant Line Manager.

6.1.3

At all times consideration should be given to the effect of seasonal demand for stock purchases and the effect on cash flow.

6.1.4

All stocks should be kept in secure areas. Line Managers are responsible for the security of stock and must ensure strict controls are adhered to when stock is accessed by anyone with the delegated authority to do so.

6.2

Stocktaking and Control

6.2.1

Independent stocktaking exercises will be undertaken at monthly intervals.

6.2.2

A formal review of all stock reports will be undertaken by the Finance Department and copies of all stock reports will be held by the Finance Manager.

6.2.3

The Line Managers responsible for the relevant trading operation will discuss at regular intervals with the General Manager as appropriate, the results of each stock take.

6.2.4

Significant stock variances are to be highlighted by the Finance Department and reported to the President and the General Manager, as appropriate, for investigation.

6.2.5

The quantified value of stock will be included in the management reports and accounts, together with a summary of all stock control results.

6.3

Participation

6.3.1

In the broad area of stock control, it will remain the ultimate responsibility of the individual Line Manager to ensure that stock is properly controlled and monitored.

6.3.2

In the area of stocktaking, independent stocktaking will occur.

6.3.3

If considered necessary, the General, Finance Managers may request additional stocktaking exercises.

6.3.4

Any factors affecting the stock valuation, such as promotions, price changes, out of date or end of line stocks, must be reported with the stock taking results. It is the Line Managers’ responsibility to ensure that the Finance Department is informed of any stock lines which are considered obsolete, slow moving, damaged or unlikely to be realized in the normal course of business.

6.3.5

It is vital that staff actively participate in the stock control procedures and understand their own responsibilities. 19


6.4

Stock Allowances

6.4.1

It is the responsibility of the Line Managers to maintain records to substantiate the levels of allowances provided. It is, therefore, essential that all stock losses, including pilferage, ullage, wastage, promotions etc., are carefully recorded and provided to the Finance Department and Stocktaker. Allowances will be reviewed on a termly basis.

6.4.2

Unless justified, allowances should not exceed the levels which have been agreed by the General Manager as appropriate, in consultation with the Finance Department and the President.

6.4.3

Staff alcoholic drinks are not permitted; where discounts and hospitality is authorised the amount should be kept within limits previously agreed by the General Manager and the President. Hospitality will be granted at cost when on official union business, to be charged to the relevant budget heading. Accurate records should be maintained for submission to the Finance Office and Stocktaker.

6.4.4

Unless otherwise agreed, all stock will be sold at the agreed selling prices. Any areas of doubt must be referred to the Finance Department/General Manager.

6.4.5

The quantified level of allowances etc. should be recorded by the Finance Department in the accounting records of the Union on a monthly basis, included in the Management Accounts.

6.4.6

In order to properly document and authenticate physical stock transfers, those responsible for the trading operations must record details of all stock transfers in the stock transfer books provided.

6.4.7

The stock transfer book will provide a pre-numbered triplicate copy of the stock transfer information and will be dispatched as follows: a. b. c.

Copy 1 Copy 2 Copy 3

Finance Department Transferee (area receiving the transferred stock). Retained for reference.

6.4.8

All transfers must identify the stocks transferred, cost centre of the transfer, be authorised by the transferor and dated.

6.4.9

All stock transfer forms received by the Finance Department should be processed on a timely basis and separately filed for reference.

7

CASH RECEIPTS

7.1

Trading

7.1.1

Trading receipts will be recorded on pre-numbered takings summaries on a daily or sessional basis. These must clearly identify their relevant source.

7.1.2

Tills will be operated at all time. A stock of till rolls will be kept in a secure place. Takings summaries must record till roll reading, together with the actual takings. Any discrepancies must be highlighted and reflected in the accounting records. Discrepancies in excess of ÂŁ10 must be investigated. Till rolls must be returned to the Finance Office for scrutiny.

7.2

Non-Trading

7.2.1

All non-trading receipts must be remitted intact to the Finance Office without delay. 20


7.2.2

Pre-numbered cash returns are to be completed for all such remittances, identifying: a. b. c. d.

The amount remitted. The nature of remittance. The cost centre. The signature of the person depositing the monies.

7.2.3

Cash returns will be countersigned by a member of the Finance staff upon remittance (refer to section 8 for further details).

7.3

Games Machine Income

7.3.1

All collections should be carried out in the presence of an independent member of staff. Machine readings should be recorded and estimated collection totals compared with actual totals.

7.3.2

Variances should be recorded and investigated if greater than ÂŁ10.

7.3.3

Details of all collections should be recorded on pre-numbered cash returns. Cash collected should be remitted to the Finance Office intact (refer to section 8 for further details).

8

CENTRAL CASHERING

8.1

A central cashiering system will be provided by the Finance Office.

8.2

All Line Managers must ensure that funds collected are remitted intact to the Finance Office on a daily basis, unless banked directly in accordance with procedures determined by the Finance Manager.

8.3

The Finance Office will maintain a manual cash control record of all cash collected, cash payments including funds banked, identifying the supporting documentation by reference and the cumulative cash balance.

8.4

The cash balance/banking will be physically reconciled on a daily basis and any discrepancies investigated immediately.

8.5

The Finance Office should verify all cash received or banked directly by reference to the underlying supporting documentation provided and any errors resolved immediately.

8.6

The daily cash record will be processed into the accounting records by the Finance Department on a timely basis, at which time the cash book balance will be reconciled to the nominal ledger.

8.7

Cash will be banked on a daily basis by a member of the Finance Office/ line managers, together with at least one other member of staff.

8.8

Cash held overnight must always be placed in the appropriate safe. Access to safes shall be restricted to authorised personnel only.

9

CASH PAYMENTS AND REIMBURSEMENTS.

9.1

Petty Cash

9.1.1

All petty cash expenditure must be adequately substantiated and formal petty cash receipt completed and approved by the relevant Line Manager prior to reimbursement. 21


9.1.2

Petty cash claims in excess of ÂŁ100 should be satisfied by a cheque payment, unless in relation to general administration and with the prior agreement of the Finance Department and the President.

9.2

Casual Labour

9.2.1

All claimants must be made aware of PAYE regulations.

9.2.2

Consideration must always be given to the following: a. b. c.

Background information (full real name, genuine address and National Insurance number. Application of PAYE rules (Student exemption with form P46). Employment status

9.2.3

All persons claiming casual labour must provide a written statement confirming that they have no alternative employment and they must complete the relevant PAYE declaration (P86).

9.2.4

Reference should be made to the Employers' Guide to PAYE at all times.

9.2.5

PAYE returns must be regularly completed as required with the specified time limits.

9.2.6

Casual staff will not be employed unless previously approved by the Line Manager.

9.2.7

Payments for casual labour may not be made unless an approved time sheet has been completed and signed by the relevant Line Manager. Casual labour payment must not be made from takings from any trading area; the Finance Office must deal with all payments.

9.2.8

It is the responsibility of the Finance Department to record the cumulative payments made to date of individuals claiming casual labour. Where these totals exceed the taxable threshold for the fiscal year in question. a. b.

No further payments for casual labour claims may be made. The claimant should be advised that any further payments will be subject to the appropriate PAYE deductions.

9.2.9

A report detailing casual labour payment will be provided with the management reports.

9.3

Cash Requisitions from students

9.3.1

Cash payment will not be made unless proof of expenditure is proved and an approved cash requisition form completed and authorised as follows: (a) (b)

President or Line Manager (where appropriate).

9.3.2

Cash requisitions will be settled by cheque payment if the claim is in excess of ÂŁ100.

10

ADVANCES AND LOANS

10.1

Student Loans

10.1.1 The Union will not provide loans for students. 10.2

Staff Loans 22


10.2.1 Loans to staff may only be provided where the terms have been previously approved by the General Manager and the President. 10.2.2 All loans must be appropriately documented, approved and signed by the borrower. 10.3

Salary Advances

10.3.1 Salary advances may not exceed the equivalent of one week's net salary entitlement, and must be repaid within thirty days of the advance. Prior approval of such advances will be required from the General Manager. 10.4

Cash Advances

10.4.1 Cash advances for expenses to be incurred will not ordinarily be provided. Where advances are provided with the approval of the President, a detailed and substantiated claim must be provided without delay. 11

CASH BALANCES AND FLOATS

11.1

The level of cash floats held by any area of the Union shall be kept to a workable minimum as considered appropriate by the Finance Department.

11.2

All cash floats are to be repaid at the end of each term and re-issued at the beginning of the following term.

11.3

All cash balances and floats will be physically reconciled on a weekly basis, agreed and a note of any discrepancies provided to the Finance Department.

11.4

Periodic spot checks will be carried out by the Finance Department without prior warning.

12

CASH/TREASURY MANAGEMENT

12.1

All bank and cash balances will be reconciled to the books of account on a monthly basis by the Finance Department.

12.2

Annual cash flow forecasts will be prepared on a rolling monthly basis.

12.3

Cash flow reports will be prepared by the Finance Department in summary form on a monthly basis together with recommendations as to the most effective investment policy as regards to short-term surplus funds.

12.4

Cash flow problems must be reported immediately to the General Manager and the President.

13

SALE OR HIRE OF GOODS ON CREDIT

13.1

Credit facilities will not be provided unless previously approved by the General Manager or Finance Department.

13.2

All sales invoices are to be raised centrally through the Finance Office.

13.3

It is the responsibility of all Line Managers and Heads of Department to ensure that the Finance Office receives full details of goods and services supplied on credit terms for which invoices are due to be rendered. Such information must be provided without delay and at least weekly. 23


13.4

Pre-numbered invoices are to be prepared by the Finance Office for any credit transactions, detailing: a. b. c. d.

13.5

Date of transaction. Customer. Quantified value of transaction. Cost centre/narrative

The triplicate pre-numbered invoices will be dispatched to: Copy 1 - The Finance Department Copy 2 - Customer Copy 3 - Retained

13.6

The invoices will be recorded in the accounting records when raised, and will be subject to standard credit control procedures including the maintenance of a full Sales Ledger system.

13.7

Monies collected for the settlement of credit transactions, must not be included with takings and should be remitted to the Finance Office with an appropriately completed cash return, highlighting in particular the customer's name and invoice details.

13.8Goods sold or hired 'free of charge' should be recorded as above, stating that the terms of the transaction will not require payment. 14

SOCIETIES, ATHLETIC UNION AND ENTERTAINMENTS

14.1

Annual and periodic budgets

14.1.1 These are to be set by the President in conjunction with the VP Societies and Activities, and the President of the Athletic Union and the relevant sub-committees. Copies of the agreed budgets must be provided to the Finance Department in order to ensure that they can be carefully monitored in relation to the actual expenditure. 14.1.2 The termly events budget must be prepared in advance and approved by the President and General Manager. In addition budgets for the individual events timetabled throughout the year must be prepared for approval in advance of the bookings being made. 14.1.3 In addition to reporting the total expenditure of societies, the Athletic Union, and events, the Finance Department shall prepare a report on a termly basis analysing income and expenditure, together with budgetary information for each event, society or Athletic Union activity. 14.1.4 The Finance Department shall, in conjunction with the Venue and Bar Manager, prepare a detailed breakdown of costs and takings following each Union event and shall be reported to the General Manager and the President. This shall be completed within three working days and shall clearly show the net financial impact upon the Union of the event. 14.1.5 Individual budgets will include a suitable charge for depreciation in relation to equipment used and overheads. 14.2

Private Funds

14.2.1 Societies and the Athletic Union must not maintain and operate private bank accounts and all funds generated by Societies and the Athletic Union should be banked into the Union's bank account. 24


14.3

Activities

14.3.1 All cash receipts obtained by societies, the Athletic Union and for events must be properly controlled and monitored. A timetable of all activities arranged for societies, the Athletic Union, and Events must be provided to the Finance Department. 14.3.2 For all social events, normally pre-numbered tickets shall be issued to ensure that receipts can be checked against tickets sold. 14.3.3 Tickets distributed to the various trading concerns for selling to students are to be centrally documented and controlled by the Finance Manager and all monies receivable for tickets sold to be similarly controlled. 14.3.4 All costs incurred must be appropriately approved, supported by documentation and or vouchers and remitted to the Finance Office promptly. 14.3.5 The procedures detailed under section 1-5 shall apply in all cases. 15

CAPITAL EXPENDITURE

15.1

Capital items shall be provided for within the Union’s annual budget. The Union may make an annual bid to the University for the purchase of specific capital items. This bid will be required to conform to the requirements of the University’s annual capital bidding round. The bid will be subject to approval by the Vice Chancellor and The Board, in the same manner as the Union’s annual Subvention Grant.

15.2

Orders must not be placed until such approval has been received (refer to section 1).

15.3

Consideration must always be given to the way in which capital expenditure is to be financed. The effect on the Union's cash flow (short and long term) must be taken into consideration (refer to section 16 for finance contracts and leasing).

16

FINANCE CONTRACTS AND LEASING

16.1

Lease purchase, hire purchase, lease finance and loan finance contracts must receive the collective approval of the Executive prior to execution,

16.2

Consideration should always be given to alternative funding arrangements available and the Finance Department and General Manager must be consulted for advice. All proposals must be approved for recommendation by the General Manager.

16.3

Approved contracts should be approved by the President and another Sabbatical Officer. Where the President is unavailable for a period longer than two weeks another designated Sabbatical Officer will sign the contract. A copy of the agreement and bank mandate shall be retained by the Finance Department for reference.

16.4

Refer to section 5 for records to be kept in connection with the settlement of such commitments.

17

VEHICLE OPERATIONS

17.1

Authorised users of vehicles must conform to current insurance regulations and rules appertaining to the use of Union vehicles.

17.2

Hire charges are to be established by the President in consultation with the General Manager and Finance Department, which must reflect the following: 25


a. b. c.

Maintenance and service costs of vehicles. Insurance, road fund license and any other statutory charges. Depreciation.

17.3

The vehicles are not to be used or made available to unauthorised persons. Approval to hire vehicles may only be obtained by request to the President.

17.4

Before taking possession of the vehicle, the authorised user must have completed a vehicle requisition form detailing: a. b. c. d.

The nature of the hire. The relevant cost centre. The mileage before possession. Approval

17.5

In addition, a current driving license must be made available to Union’s insurers. In all cases the Union's Insurers must receive a full report of any accidents, and under no circumstances should those involved accept or admit responsibility.

17.6

A monthly maintenance report should be prepared and approved by the General Manager.

17.7

It is the General Manager's/Athletic Union Development Co-ordinator’s responsibility to ensure, that the Union's vehicles are taxed, insured and subject to a valid MOT certificate at all times.

17.8

If, in the opinion of the General Manager/Athletic Union Development Co-ordinator, the vehicle(s) are not roadworthy the vehicle(s) in question may not under any circumstances be made available for use.

17.9

The vehicles must not be used for personal use, unless specifically authorised by the President and charged accordingly.

17.10

Hire charges receivable or chargeable must be appropriately monitored and recorded by the Finance Department and reported to the President in consultation with the Receptionist.

17.11

The annual budgets of Societies and the Athletic Union shall include provision for a ‘travel pool’ to cover the cost of usage of Union vehicles by individual societies and sports clubs.

18

INSURANCE AND STEWARDSHIP OF FIXED ASSETS

18.1

General

18.1.1 The Union's insurance cover will be subject to annual review and arrangements should be made to ensure that an up to date inventory of all items of equipment is maintained by the Finance Department. 18.1.2 Those responsible for the stewardship of equipment will be required to report on a termly basis to the Finance Department: a. b. c. d.

Confirming the existence of the equipment. The current condition of the equipment. Providing a damage report if applicable. Any losses realised. 26


18.1.3 Under no circumstances will equipment be loaned to persons who have not received prior approval of the President or General Manager. 18.2

Fixed Asset Register

18.2.1 The Finance Department will, on a monthly basis, reconcile the Union's accounting records with the Fixed Asset Register. 18.2.2 Any material discrepancies must be investigated and a report provided to the General Manager and Executive. 18.3

Sale of Fixed Assets

18.3.1 The proposed disposal of any fixed assets must be approved in advance by the General Manager and the President. 18.4

Maintenance Reports

18.4.1 All maintenance reports will be completed on a termly basis in conjunction with the Fixed Asset Register above and made available to the General Manager for recommendations. 18.4.2 It is the responsibility of all Line Managers and Heads of Department to advise the General Manager of any significant repair work necessary. 19

ACCOUNTS PREPARATION AND REPORTING

19.1

General

19.1.1 The preparation of regular management reports shall, at all times be given priority by Finance Department and suitable timetable must be established to ensure that: a. b. c. 19.2

All information considered necessary for the accounting records to be updated is received. The accounting records are updated, reviewed and adjusted as necessary. The management reports are prepared, reviewed and distributed in accordance with the predetermined timetable and distribution list.

Reports

19.2.1 The following Financial Reports will be prepared by the Finance Department: Monthly Report, comprising: • Details of turnover levels for each trading operation • Details of wages and salaries, including casual labour • Details of central administration costs • Details of clubs, societies and entertainment • Details of vehicle operations • Details of aged debtors and creditors • Details of stock levels • Details of all orders made in excess of the ceilings specified in section 1 • Report of level of unapproved invoices by Line Manager • Report of level of unsatisfied orders • Cash flow report for that month 19.2.2 In respect of the monthly management reports as detailed above comparison with the budgeted results should be made and a Budgetary Control Exception Report prepared as appropriate. 27


19.3

Investigation of Variances

19.3.1 Any material variances identified, primarily by the Finance Department, will be investigated by the General Manager and Finance Manager and brought to the attention of the President, and the Senior Treasurer. 19.4

Ancillary Control Procedure

19.4.1 The following ancillary control procedures will be maintained through the Finance Office under the supervision of the Finance Manager: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Control of un-issued and issued order pads. Resolution of discrepancies in respect of purchase invoices received. Reconciliation of NUSSL monthly payments. Casual Labour and PAYE Regulations. Completeness of vehicle hire charges. Budgetary Control and Exception Reporting. Maintenance of an up to date Fixed Asset Register. Reflection of internal management charges and overhead appointment in the accounting records. Reconciliation of all key control account balances

19.4.2 The accounting system and controls should be reviewed and developed to meet the requirements of the Union, providing an efficient means of appraising the performance of the Union. In order to maximise the effective and efficient control and operation of the Union’s finances, the Union shall maintain and develop a working relationship with the University’s Finance Department. 20

STAFFING

20.1

Terms and conditions

20.1.1 Staffing Committee and General Manager to be responsible for all employees. 20.1.2 All terms and conditions are to be reviewed on a regular basis, amending the employee's terms and conditions where considered appropriate and where such amendments have been agreed to by the employee. 20.1.3 Relations between Officers and staff shall be in accordance with the Staff Student Protocol Agreement, which shall be reviewed by the Union, the University and recognised Trade Union(s) on an annual basis. 20.2

Health and Safety

20.2.1 Refer to the Staff/Student Protocol Agreement and the University’s Health and Safety Policy. 20.3

General

20.3.1 The Sabbatical Officers responsible for staffing, in consultation with the General Manager and relevant members of staff, shall be responsible for the preparation of appropriate contracts of employment. 20.3.2 Personnel files should be prepared and maintained for all members of staff. 20.3.3 Contracts of employment and personnel files must be regularly updated for future reference. 28


20.4

Staff Grievance and Disciplinary Procedures

20.4.1 Refer to the Staff/Student Protocol Agreement. 20.5

Overtime

20.5.1 All overtime must be approved in advance by the relevant Line Manager in consultation with the General Manager and President. 20.5.2 Overtime claims must be submitted for approval on a weekly/monthly basis and should be satisfied by payment or time off in lieu as agreed between employee and Staffing Committee/General Manager. Claims must be approved by the individuals approving the original request for overtime. 20.6

Casual Labour

20.6.1 Refer to Section 9.

London South Bank University Students’ Union Approved by The Board July 24th 2003 with minor amendments July 15th 2004 [Paper No. BG 31 (04)]

29


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION FINANCIAL REGULATIONS ANNEX B - AFFILIATION AND DONATIONS REGULATIONS 1

AUTHORITY TO AFFILIATE

1.1

The Union has the right to affiliate to any organisation, which furthers its aims, subject to passing a resolution at Council, providing it is in accordance with the 1994 Education Act. Attorney General’s Guidance or other relevant law. The Union and its Societies, and the Athletic Union shall not knowingly affiliate to any illegal organisation.

1.2

All affiliations by Societies and the Athletic Union shall be approved by Council in accordance with the Constitution.

2

DONATIONS

2.1

The Union shall not make donations to any external organisation except where a specific collection has been taken up for that purpose, a separate account shall be set up and those making the donations shall be aware of the destination of their donation and that all reasonable costs associated with collecting the donations are charged against the account (e.g. Rag).

3

NEW AFFILIATIONS

3.1

Any new affiliation shall be announced by means of a notice stating the name of the organisation, and details of any subscriptions or donations made or proposed.

3.2

The notice shall be prominently displayed in the Union and its and the University’s Web Site.

3.3

Unless a request is received in accordance with clause 4.1 below for a ballot on any particular affiliations, the affiliation shall be deemed to be approved by the membership for the next academic year.

4

REVIEW OF AFFILIATIONS

4.1

Once a year, 5% of the Full Members of the Union may, on provision of a signed requisition, call for a secret ballot of all members on the continuation of an affiliation to a specified external organisation(s), provided that no organisation is the subject of such a ballot more than once in any academic year.

5

REPORTING OF AFFILIATIONS

5.1

The Annual Report and Accounts of the Union shall contain: • •

A list of any external organisations to which the Union has made donations in the period to which the report relates, and details of those donations. A list of any external organisations to which the Union has been affiliated in the period to which the report refers, and details of the subscriptions or fees paid to such organisations in the same period.

30


6

ULTRA VIRES

6.1

In the event of a conflict between Union staff members and student officers on a payment or money, or services provided, which is covered by 'Ultra Vires' laws the following procedure will be followed: -

6.1.1

In the first instance the President will raise the matter with the General Manager. The President will then clearly refer to the minute authorising payment.

6.1.2

The General Manager will then consult with the member of staff who questioned the payment in an effort to resolve the conflict. If in the opinion of the staff member and the General Manager, the payment is Ultra Vires the decision will then be referred to a designated solicitor, in writing and his/her legal opinion sought.

6.1.3

The legal opinion of the designated solicitor will be binding on the Union.

6.1.4

No payment will be made or services provided pending resolution by the General Manager or while awaiting the legal opinion.

6.1.5

A budget will be established for the cost of legal opinions on Ultra Vires matters.

6.2

Examples of Ultra Vires payments are: -

6.2.1

Donations to organisations or individuals, except those made in accordance with 2 above.

6.3

Examples of non-Ultra Vires payments are: -

6.3.1

Reasonable affiliations or subscriptions to organisations or bodies.

6.3.2

Payment for receipt of goods or services from companies or organisations.

London South Bank University Students’ Union Approved by The Board July 24th 2003

31


Appendix 1 ATTORNEY GENERAL'S GUIDANCE ON EXPENDITURE BY STUDENTS’ UNIONS The Attorney General, as protector of charities, frequently receives complaints about the use of student union funds for purposes which go beyond those permitted for such funds, and he is greatly concerned about those cases in which the complaints turn out to be well founded because the funds have been used for a purpose incompatible with the charitable objects of the student union in question. It has been held in the Courts that a student union has charitable objects if it exists to represent and foster the interests of the students at an educational establishment in such a way as to further the educational purposes of the establishment itself. The Attorney General believes that will be the case with the great majority of student unions, including those provided for in the constitutions of their parent establishments (unless those establishments do not themselves have charitable objects). If a student union has charitable objects it follows as a matter of law that, whatever may be stated in its constitution, those objects cannot be changed, even by unanimous vote of its members, so as to include non-charitable objects; and Union funds may be spent only on those charitable objects or for properly incidental purposes. The Attorney General recognises the difficult position in which officers of student unions with charitable objects may find themselves. They may have no experience of charity law, and their members may believe that Union funds can be spent on anything that they think to be of general interest. However, the officers are trustees of the funds, and they have a duty to see that the funds are used only for purposes permitted by charity law. The complaints, which have been made in recent years, contain allegations of considerable expenditure of an improper nature. Such investigation as has been undertaken confirms that there are grounds for concern. Although perhaps the items taken individually appear not to be very great, they represent in total a major abuse of charitable funds. In the circumstances the Attorney General considers it right that he should issue guidelines to assist Union officers in the discharge of their responsibility for Union funds. In the event of wrongful application of funs, such officers would potentially be at personal risk to a claim that they have been party to a breach of trust, and might well find themselves bound to make good any loss to the funds of their Union at their own expense. It is therefore important that they should be aware of their responsibilities. The Attorney General considers that expenditure of a student union's charitable funds is proper if it can be said to be appropriate for the purpose of representing and furthering the interests of the students at the relevant college (and "college" here includes "University") in such a way as to assist in the educational aims of the college - for example, by providing channels for the representation of student views within the college, or by improving the conditions of life of the students and in particular providing facilities for their social and physical well being. It is clear, for example, that if a college is to function properly, there is a need for the normal range of clubs and societies so as to enable each student to further the development of his abilities, mental and physical. Equally, it is likely that the college will gain from the fact that the students hold meetings to debate matters of common concern and publish some form of campus newspaper. Reasonable expenditure on such purposes is, in the view of the Attorney General, plainly permissible for a student union. On the other hand, for the students to offer financial support to a political cause in a foreign country - as opposed to merely debating the merits of that cause - is, in the Attorney General's view, irrelevant to the educational purpose of the college. Such expenditure must accordingly be rejected as improper. Between these extremes there is a wide range of cases for which the Attorney General believes the best touchstone to be the question: does the matter in issue affect the interests of either the students as such or the affairs of the college as such? If the answer is "no", then the case is 32


likely to be one on which the students may hold debates and express views but not charge expenditure to the charitable funds of the Union. A major area of difficulty appears to be that of political issues. While the Attorney General recognises that it is entirely natural that students will wish to express their views on political matters, the law sets strict limits to the expenditure of charitable funds for political purposes. Such expenditure is permissible only if the political purposes are merely incidental to the necessarily non-political objects of the charity. Thus, for a Union to expend its charitable funds in supporting a political campaign or demonstration is extremely unlikely to be justifiable unless the issue directly affects students as students. It may be helpful to mention that in this context politics is not to be limited to party politics, but extends essentially to all aspects of the making and changing of laws. Thus it would be no less improper, in the view of the Attorney General, for charitable funds of a Union to be devoted to a campaign for or against the legalisation of drugs, even though this is not a matter of party political debate, than it would be for such funds to be used either in support of or opposition to a campaign concerning, say, nuclear weapons or some controversial parliamentary debate not concerned with the interests of students as such. Another area of difficulty appears to be that of industrial disputes. The Attorney General accepts that students may often wish to express a view on a current dispute, particularly if it be centred upon the neighbourhood of the college of which they are students. There is, however, in his view no justification for applying charitable funds to be spent on the hire of coaches, say, for the purpose of taking demonstrators to the scene of the dispute as it would be to hire coaches to take students to a demonstration in respect of the political issues referred to in the last paragraph. There is, of course, no objection whatsoever to students joining together to collect their own monies for particular purpose for which Union funds cannot be used. The Attorney General wishes to stress that the objection is not to student participation in activities outside the educational sphere, but to the use of charitable funds for purposes for which they cannot properly be applied according to the law. In issuing these guidelines the Attorney General is anxious solely to assist those who may find themselves called to account for their actions as trustees of charitable monies. Officers should, of course, bear in mind that it will be amongst their most important duties to identify and keep proper accounts of all Union funds (including, for example, not merely subscriptions to the Union, but income from Union investments, and profits from Union activities, such as the running of a bar or dance at the expense of the Union and with the assistance of its employees). They have a further duty to ensure that expenditure not only is within the proper bounds within which the funds of their Union can be used, but also has been approved and recorded as the Constitution of the Union requires. They should also bear in mind that a trustee is at all times entitled to seek advice, if necessary at the expense of the trust fund, on any aspect of his trust which causes him doubt or concern; in particular, under Section 24 of the Charities Act 1960 the Charity Commissioners are empowered on the written application of a charity trustee to give him their opinion or advice on any matter affecting the performance of his duties as such. The Attorney General would add that he hopes that the senior members of the college concerned will always be willing to assist student union officers in considering doubtful items of expenditure. It must be borne in mind that where the parent body is itself a charitable body and thus has a duty to ensure that its funds are properly applied for purposes within, or incidental to, its own charitable educational purposes, it might well be that upon becoming aware of major items of improper expenditure by the Union it ought properly to cease to fund the Union until the position had been rectified.

33


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION MEMBERSHIP REGULATIONS 1

COMMENCEMENT OF MEMBERSHIP

1.1

All fully enrolled students of London South Bank University shall be members of the Union, unless they effect their right to non-membership in the prescribed way.

1.2

Membership to the Union begins at the point of enrolment, where the student identity card is obtained or received and accepted by the student.

1.3

Membership will be for the whole or the remaining portion of the Academic year, subject to continued status as a London South Bank University student. 2

OPTING OUT OF MEMBERSHIP

2.1

Any student wishing to declare his or her non-membership (opt out) may do so at any stage after enrolment to the University. The student must indicate their wish to opt out of Union membership in writing to the Registrar and Secretary or the designated officer with a copy to the Student Union President.

2.2

A student who has opted out of membership is called a non-member.

2.3

Students who opt out may not resume membership of the Union until the beginning of the new Academic Year.

2.4

Students may take up membership in any subsequent academic year provided that they indicate a wish to do so in writing to a Pro Vice Chancellor.

2.5

A Pro Vice Chancellor shall each semester confirm with the President those students who have opted out of membership of the Union.

2.6

A list of non-members of the Union shall be kept by the President and the University’s Pro Vice Chancellor 3

RIGHTS OF NON-MEMBERS

3.1

Non-members shall have the following rights of access to Union's services and activities:

3.1.1

Access to the following Union facilities, Bars and any other trading activities, Games/Video Machines and the Student Advice Bureau.

3.1.2

Eligibility to become a non-voting member of any Union society or the Athletic Union, provided that an appropriate membership fee has been paid, which shall be determined by that individual society, or the Athletic Union, and recommended to the next Council.

3.1.3

Non-members of the Union are entitled to participate in the social activities of the Union, however an appropriate levy may be charged.

4

RESTRICTIONS ON NON-MEMBERS Non-members are not permitted to: -

34


4.1

Participate in the democratic processes of the Union as outlined below nor may they be involved in any position where they would be in a decision making role involving the Union funds, policies, procedures or services.

4.2

Hold elective or appointed office in the Union, e.g.: Sabbatical or Non-Sabbatical Officer, School or Faculty Representative, Committee member of any society or AU Club.

4.3

Serve on any University Committee where the terms of reference require the post to be held by a member/officer of the Union.

4.4

Vote in the Union's elections, Council, General Meetings or referenda.

4.5

Vote in any election or AGM of any Union society or AU Club.

4.6

Access national/regional discounting facilities available to NUS cardholders.

4.7

6 5.1

6 6.1

Access the NUS legal fund or other NUS services, which are available to NUS members only. COMPLAINTS PROCEDURE Any student or group of students have the right to complain if they are dissatisfied by their dealings with the Union or if they feel that they have been unfairly disadvantaged by reason of having exercised their right not to be a member of the Union, then they may complain under the Complaints Procedure set out in a Memorandum of Co-operation between the University and the Union. OTHER FORMS OF MEMBERSHIP Associate Membership A privilege granted to employees or members of the University or former students of the University, other appropriate persons and those fully enrolled students from LSBU’s Collaborative Parter Colleges/Institutions whose application for Associate Membership has been approved either individually or collectively (re: Collaborative Partner Colleges/Institutions) by Council.

6.2

Alumni Association Members Former students of the University who belong to the University's Alumni Association are also permitted to become members of the Union, on production of a valid Alumni card.

6.3

Staff Membership All established staff currently working for/employed by the Union.

6.4

Reciprocal Membership A privilege granted to an individual or collectively, to Full members of other student unions, Associations or Corporate Bodies subject to the approval of Council.

6.5

Honorary Life Membership Shall be a privilege granted to an individual by an Awards Committee formed in accordance with the Honorary Life Mebership Regulations.

6.6

Temporary Associate Membership 35


The Executive shall have the power to grant Temporary Associate Membership to any bone fide students for such a period and cost as it determines entitling them to use the facilities of the Union. 7 7.1

8

DURATION OF MEMBERSHIP With the exception of Staff (para. 6.3), Honorary Life (para. 6.5), and Reciprocal (para. 6.4) members all members are required to renew their membership on an annual basis, during the enrolment process or by submitting a new application form for consideration by Council. TERMINATION OF MEMBERSHIP

8.1

Membership except Honorary Life Members, will terminate once the individual either decides to Opt Out of membership to the Union or ceases to satisfy the criteria for membership as outlined above. Membership may also be terminated following the resignation of a member.

8.2

Any person ceasing to be a member of the Union for whatever reason will be deemed to have vacated any office held in the Union and to have resigned their membership of any committee or society, or the Athletic Union.

8.3

Any officer removed or resigned from office will also be deemed to have relinquished any ex-officio rights and duties that may have been attached to their office.

9

RIGHTS AND RESPONSIBILITIES OF MEMBERS

9.1

Facilities of the Union All members of the Union except Reciprocal members will be entitled to use and have access to the welfare, social, recreational, cultural, educational and sporting facilities provided on behalf of the Union. Reciprocal members will be entitled to use those facilities specified by Council.

9.2

Membership of Societies and Athletic Union Clubs All members of the Union except Reciprocal members will be entitled to be members of Societies and AU Clubs but not become elected Society officers or AU Club officials.

9.3

Council Unless otherwise stated in these Regulations, only Full Members will have the right to attend meetings of the Council as observers. Speaking rights will only be granted at the discretion of the Chair.

9.4

Union Elections Full members (as defined in the Constitution section 3.1) are entitled to stand for Sabbatical Officer positions. Only Full members of the Union may nominate and vote in the election process. All members of the Union will be required to observe the Constitution and the Regulations and Standing Orders of the Union and the Rules and Regulations of the University/Collaborative Partners.

36


London South Bank University Students’ Union Approved by The Board July 24th 2003

37


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION COMMITTEE REGULATIONS 1 1.1 2

COMMITTEES OF THE UNION All committees of the Union will observe the Meeting Regulations. Sabbatical Officers shall be ex-officio members of all the Union committees. UNION FINANCE COMMITTEE

2.1

There shall be a sub-committee of the Council called the Union Finance Committee, referred to hereinafter as UFC, which shall scrutinise the Union’s financial management and examine the monthly Management Accounts.

2.2

The UFC shall comprise of the following voting members: all Sabbatical Officers and five members elected by and from Council in a secret ballot.

2.3

The UFC will receive monthly management accounts to ensure adequate systems of controls on expenditure and administration are in operation and monitor performance against budget.

2.4

The Union's Senior Treasurer, General Manager and Union Finance Manager shall have permanent observer status at the UFC.

2.5

The Chair of UFC will be the President and quorum will be 50% plus 1 of the voting members (5).

2.6

The President shall make regular financial reports to Council upon the work of the UFC.

2.7

The Chair of UFC shall not have a vote, except in the event of a tied vote.

3

COMMERCIAL SERVICES COMMITTEE

3.1

There shall be a Commercial Services Committee, responsible for monitoring the performance of the Union's trading services. The committee shall determine policy on the operation of these services, providing that it does not conflict with the policies of the Union as determined by the Council. The business of the committee shall be reported in writing to the Council through the Chair.

3.2

Commercial Services Committee will comprise:The President, Vice President Communications, General Manager and four members elected by and from the Council. The quorum will be 50% plus 1. The Committee shall be chaired by the President who shall not have a vote, unless in the event of a tied vote. The General Manager is a non-voting member of the Committee. The Chair may request other managers as appropriate to attend (who shall not have voting rights).

3.3

The Committee shall meet as necessary, but at least once a month during term time.

4

HOUSE COMMITTEE

4.1

There shall be a House Committee, responsible for the allocation of resources provided for the maintenance of Union premises. The Committee shall determine policy on the maintenance of the Union building, providing that there is no conflict with Union policy as 38


determined by the Council (and in accordance with University procedures and agreements). The business of the Committee shall be reported to the Council in writing through the Chair. 4.2

House Committee shall comprise:The President, Athletic Union President, Vice President Havering and Whipps Cross, General Manager, and three members elected by and from the Council. The quorum will be 50% plus 1 of voting members. The General Manager is a non-voting member of the Committee. The Chair may request other managers as appropriate to attend (who shall not have voting rights).

4.3

The Chair of the House Committee shall be the President or their nominee. Committee shall meet as necessary, but at least once a term.

The

5

OTHER COMMITTEES OF THE UNION

5.1

The other Committees of the Union are:• Sports Executive Committee (SEC) • Course Clubs Committee (CCC) • External Clubs Committee (ECC) • Cultural Clubs Committee (CCC) • Student Council for Nursing (SCN) • Health and Safety Committee – this committee will meet at least once per term. The Committee shall consist of the following:

President of the Student Union (Chair) General Manager Venue and Bars Manager SAB Manager/Finance Manager AU Development Coordinator/AU President VP Societies & Activities Staff Representative Trade Union Representative (UNISON) London South Bank University Students’ Union Approved by The Board July 24th 2003

39


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION MEETING REGULATIONS 1

COUNCIL

1.1

The Council will further the aims and objects of the Union and be responsible for the determination of Union policy except when a policy is determined by referendum, in accordance with clause 4.3 of the Constitution.

1.2

The Council shall receive minutes and reports from the Executive, Union Committees and Union Officers and shall consider recommendations, motions and business as appropriate. All ordinary members of the Union have the right to propose and second motions and other business at Council.

1.3

The voting members of the Council will be all Union Officers and the quorum shall be one third of the voting members of Council (see Constitution and Election Regulations for membership calculation).

1.4

Any ordinary member of the Union may attend a meeting of the Council as an observer with speaking rights at the discretion of the Council Chair.

1.5

Any other person may attend the Council as an observer with prior permission from the Chair.

1.6

The General Manager or their nominee shall be Permanent Secretary of the Council with full speaking rights only.

1.7

The calling and conduct of the Council shall be in accordance with Standing Orders as detailed in these regulations.

1.8

There will be a meeting of the Council at least once a month during the University’s teaching periods and additionally as necessary.

1.9

All members of the Council must be informed, in writing, of any ordinary meeting at least ten teaching days (a weekday during term time) in advance of any meeting. In the event of a member not being informed, they shall have the right to challenge the validity of the meeting at the next ordinary Council meeting.

1.10

The first meeting of Council shall be held within 10 teaching days of the election results and shall elect officers to all relevant positions. The first meeting of the Council Elect shall be called by the Permanent Secretary.

1.11

An extraordinary meeting of the Council will be called by the Permanent Secretary (General Manager) upon receipt of a request from: (i) The Executive or; (ii) 10 members of Council or; (iii) 200 Ordinary members of the Union or; (iv) By way of a motion at Council and/or General Meeting calling an emergency Meeting of the Council.

1.12

In the event of an extraordinary Council meeting being called, notice must be circulated In accordance with standing orders and posted at least three teaching days in advance by the Permanent Secretary.

2

ANNUAL GENERAL MEETING 40


The Annual General Meeting, which shall take place once in each Academic Year (unless adjourned and then reconvened). 2.1

The Annual General Meeting shall be called by the Council and be held within 2 months of the start of The Academic Session and shall: (i) appoint auditors. (ii) receive an audited income and expenditure account and a balance sheet for the previous accounting period. (iii) receive the report of the Auditors; and (iv) receive the annual report (which shall include a list of affiliations and donations as detailed in clause 5.3 and 7.1.4 of the Constitution).

2.2

If for any reason the Council does not call an AGM, the Permanent Secretary must do so.

2.3

Quorum shall be 75 Full members for the Annual General Meeting.

2.4

The calling and conduct of the AGM shall be in accordance with the standing orders detailed in these Regulations.

3 3.1

THE EXECUTIVE The Executive shall be responsible to the Council for managing the Union’s affairs and for carrying out Union policy as determined by the Council and Referenda.

3.2 (i) (ii)

The Executive shall: Make policy recommendations to the Council as necessary. Oversee the day to day running of the Union and the co-ordination of its activities, as defined in clause 4.2 of the Constitution.

3.3

The voting members of the Executive will comprise: All Sabbatical Officers and seven other union Officers elected by and from the Council arranged for that purpose.

3.4

The President shall normally chair each meeting and shall have no vote, except in the event of a tied vote.

3.5

The General Manager or their nominee shall be the Permanent Secretary of the Executive with speaking rights only.

3.6

The Executive may invite any person to serve as an observer, for a specified period as determined by the Executive.

3.7

All Members of the Union are entitled to observe meetings of the Executive unless the Chair of the Executive rules to the contrary. The Chair may grant and thereafter revoke speaking rights to any observer present.

3.8

Business covered at Executive meetings will be reported, in writing, to the Council through the Permanent Secretary.

3.9

The Sabbatical Officers are responsible for bringing matters related to their office to the attention of the Executive by written reports, submitted to the Permanent Secretary for circulation with the Agenda.

3.10

The quorum for all Executive meetings shall be 50% plus 1 of the voting members of the Executive. The meeting shall not be opened if inquorate, and will cease if at any time the meeting becomes inquorate. 41


3.11

The Executive shall observe the meeting rules as laid down in the Standing Orders.

3.12

The Executive shall meet as necessary but at least once a fortnight during term time.

3.13

An extraordinary meeting of the Executive shall take place at the request of the Council or the President or two voting members of the Executive Notice for such meetings must be circulated in accordance with standing orders and posted at least three teaching days in advance by the Permanent Secretary.

3.14

The Executive is responsible for ensuring that the Constitution is reviewed and shall meet at least once a year specifically for this purpose and shall report their findings to the next meeting of the Council.

4

STANDING ORDERS

4.1 Chairing Meetings. 4.1.1

All meetings shall be chaired by a Member of the Union elected in accordance with the Regulations on meetings.

4.1.2

The Chair shall determine the order of speeches.

4.1.3

All questions and contributions shall be made through the Chair.

4.1.4

The meeting has the right to pass a motion to overturn the Chair’s ruling on the basis of a simple majority vote.

4.1.5

In exceptional circumstances the Chair (as determined by the Chair) of a committee may make a decision on behalf of that committee. This decision shall be reported to the committee in full at the earliest possible opportunity.

4.1.6

The Chair shall act to maintain the order of the meeting.

4.2

Voting

4.2.1

Policy shall be passed by a simple majority (or any other majority as specified by the Constitution or current Policy).

4.2.2

At any time during the course of a debate, the meeting may decide by a simple majority to go straight to a vote or not to vote on an issue.

4.3

Staff

4.3.1

Staff in established posts of the Union may attend meetings at the invitation of the Chair in an advisory capacity but cannot vote.

4.4

Quorum

4.4.1

No meeting shall proceed if inquorate. Quoracy for the AGM is 75 members, and for all other meetings, except the Council, 50% of the voting membership plus 1 (where the answer is a fraction the next whole number will be the meetings quorum). The quorum for Council meetings is one third of the membership. Any member of the meeting shall have the right to challenge quorum.

4.5 Notice and Procedures

42


4.5.1

Notice for all scheduled meetings of the Union will be given not less than ten teaching days in advance of the meeting.

4.5.2

In the case of an Extraordinary Meeting being called the Permanent Secretary shall notify the members of the meeting.

4.5.3

All items of business for meetings must be submitted to the Permanent Secretary at least seven teaching days in advance of the meeting, unless otherwise agreed by the Chair.

4.5.4

The Permanent Secretary shall ensure that the papers for all scheduled meetings are circulated to members of the meeting/committee not less than five teaching days in advance of the meeting, unless otherwise agreed by the Chair.

4.5.5

In the case of Executive, Council or General meetings the Permanent Secretary shall be responsible for circulating the papers and minutes.

4.5.6

Minutes shall be circulated to all members of a committee not more than six teaching days after the meeting has taken place.

4.5.7

Upon receipt of motions to the Council, AGM, Executive Committee or other committees of the Union, the Permanent Secretary shall pass the motions to the President. Upon inspection the President shall rule out of order and remove from the agenda any motion which seeks to limit the right of a group of students to exist and function within the Union solely on account of its views or policies, unless the views or policies seek to contradict or contravene the Union Constitution or Regulations. The President shall give written reasons for the ruling.

4.5.8

The person or group proposing the motion may appeal to the Chair of Council within five teaching days of the motion being ruled out of order. The decision of the Chair of Council shall be final.

5

PROXY VOTES A member of a committee of the Union may request another Member of the Committee to attend in their place and take on the rights extended to the member of the committee. The Committee member must provide the meeting’s Chair with advance written notice of their intention to allow another named member of the Union to attend the Committee in their place and take on their rights for the duration of the specific meeting.

6

OBSERVER STATUS Any member of the Union shall have the right to observe any open meeting of the Union.

7

ATTENDANCE AT MEETINGS

7.1

Should any member of a committee be unable to attend a meeting of the committee they shall send their apologies to the Permanent Secretary.

7.2

Should a member (who is not ex-officio) of a committee (with the exception of the Executive Committee dealt with in clause 7.3. below) not attend or not send apologies to two consecutive meetings they shall be deemed to have resigned from the committee.

7.3

Any member of the Executive Committee who has failed to attend three Executive meetings in any one academic term with or without written apologies for absence shall be deemed to have automatically resigned unless absences are due to ill health or bona fide 43


academic reasons. In the event of automatic resignation, the officer shall not be eligible to stand as a candidate for the Executive Committee Elections for the remainder of the Academic Year.

London South Bank University Students’ Union Approved by The Board July 24th 2003 with minor amendments July 15th 2004 [Paper No. BG 31 (04)]

44


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION ELECTION REGULATIONS 1

INTRODUCTION

1.1

The Union is bound by Section 22(2)(e) of the Education Act (1994) for any election/referenda covered by these Regulations. The Union is therefore required to ensure that elections/referenda are fairly and properly conducted and undertaken in accordance with these Regulations. Elections/referenda undertaken in accordance with these Regulations will be by secret ballot. The procedure for the election of Council members is to be agreed between the Deans of University Faculties and approved by the Returning Officer.

1.2

The Union and Returning Officer will recruit and employ staff to be in charge of Polling Stations where cross campus ballots are held. Any person recruited for this purpose must not have any involvement with candidates or their supporters during the electoral process. That is they must not: • have nominated any person standing for election; • be candidates contesting the election; • be returned unopposed to any position that might have been contested in the election nor • Should they be involved in campaigning for any person standing as a candidate in the election.

1.3

For the purpose of these Regulations, the actions of supporters of candidates will be treated as if they were the actions of the candidates themselves. The Returning Officer shall determine the action to be taken in such circumstances and in certain cases, the University and or Union disciplinary procedure may be instigated at the request of the Returning Officer. Where the supporter is external to the Union or University, action may be taken against the candidate and the appropriate external authorities may be informed.

2

ELECTIONS

2.1 Elections for Sabbatical Officers shall be by secret ballot on a cross campus basis using the alternative transferable vote system. 2.2 Elections for delegates and observers to National Policy Conferences (such as NUS National Conference) shall be by secret ballot (but not necessarily by secret postal ballot) and in accordance with Conference Regulations. 3

RETURNING OFFICER/DEPUTY RETURNING OFFICER

3.1 The Returning Officer shall be a member of NUS staff. The University shall appoint a Deputy and Vice Deputy Returning Officers who shall both be established members of the University. Their names shall be published in the offices of the Union and on elections notice boards on each University site. 3.2 The Returning Officer/Deputy/Vice Deputy shall be responsible for the fair and efficient conduct of the Union's Elections and Referenda, conducted in accordance with these Regulations. As such, they shall undertake any duties necessary to ensure the fair and efficient conduct of the electoral process. The Deputy/Vice Deputy Returning Officers will only undertake the duties of the Returning Officer in their absence and as requested by the Returning Officer assist the Returning Officer in the performance of their duties.

45


3.3 The Returning Officer/Deputy/Vice Deputy is responsible for the notification of elections which will include the dates nominations open/close, the date for nominated Sabbatical Officers to submit signed statements (see clause 7.9), the dates and times for the opening and closing of the ballot; dates, times and location of hustings and the date and time of the count. 3.4 The Returning Officer shall have the power to: (i) ratify an election; (ii) order that an election be re-run; (iii) disqualify one or more candidates (iv) removal of or require to be removed any publicity infringing these regulations (v) suspension or a re-run of the election count. 3.5 The Returning Officer/Deputy/Vice Deputy shall be responsible for ensuring that all candidates and the student media are made aware of these Regulations. 4

METHOD OF ELECTION

4.1 Council The Sabbatical Officers and Student Representation Officers (Job descriptions attached at Annex 1) shall be elected by cross campus secret ballot. The Council Members drawn from the Faculties shall be elected by and from electoral colleges made up of Course Board Representatives from each Faculty, by secret ballot conducted by the Faculty in accordance with procedures to be agreed by the Heads of Faculty and approved by the Union’s Council. Election of Faculty Representatives shall take place during the first four weeks of the first semester. The number of representatives for each Faculty will be annually reviewed by Council and be based on the number of FTE students within each Faculty. The minimum number of representatives for a Faculty will be one. The numbers determined for all faculties will be a proportion of the FTE's in each Faculty divided by the FTE student numbers from the faculty with the lowest number of FTEs, to the nearest whole number. (i) The Chairs of the Athletic Union Committee, Cultural Clubs Committee, External Clubs Committee and the Course Clubs Committee shall be elected by and from the club members at a meeting to be held in the Summer Term. (ii) Four members elected by and from the Committees referred to in (i) above at a meeting to be held in the Summer Term. In the case of there being no candidate for any of these posts, nominations shall be accepted at the first meeting of the Council. If no nominations are received then the post(s) will be deemed to be vacant until filled. 4.2 Executive The seven members to serve in addition to the Sabbatical Officers shall be elected by and from the Council. The election shall be conducted by the Permanent Secretary using the single transferable vote system. 5

ELIGIBILITY OF CANDIDATES

5.1 Candidates for all Union elections must be Full Members of the Union. 5.2 Only Full Members of the Union may stand as candidates for sabbatical posts. 5.3 Only Full Members of the Union may propose or second, (i.e. nominate) candidates in any election.

46


6

DATES OF ELECTIONS

6.1 The Union shall decide on suitable dates for all elections. The Returning Officer will be informed of this date by the 1st September for Sabbatical Elections, which shall normally be held in the 5th or 6th week of the second Semester (weeks 19 and 20 of the Academic year). The election timetable will be determined by the Returning Officer within the limitations prescribed by Section 7. 6.2 A Sabbatical Post falling vacant during the course of the Academic Year shall be deemed to be vacant for the remainder of the Academic year. A Sabbatical post falling vacant between election and commencement of term of office shall be subject to a by-election within four weeks of the commencement of the First Semester. 6.3 Vacancies for Faculty Representatives occurring during the Academic Year shall be subject to by-elections to be held by the relevant Faculty. 6.4 The election of Executive Members by and from the Council will take place at the first meeting of the Council. The first meeting will be held within ten teaching days of the conclusion of the election of the Council. 6.5 The Returning Officer shall be responsible for notifying the forthcoming elections, via the University and Students’ Union’s Vice President Communications, to all students and shall give at least one month’s notice. 7

NOMINATIONS

7.1 The opening of nominations shall be publicised at least five teaching days in advance. 7.2 The nomination forms for any position shall be available for at least five teaching days and be available at points to be identified throughout the University. 7.3 Each nomination paper shall include the proposer and two seconders who must be members of the Union. 7.4 No member of the Union shall sign a nomination paper for any election in which they are not entitled to vote. 7.5 Before the close of nominations, the Returning Officer/Deputy/Vice Deputy Returning Officer and any person dealing with the nomination papers must not reveal details of any nomination received, unless the candidate has given written permission to do so. 7.6 Completed nomination forms including proof of the nominee’s student status must be received by the Returning Officer in a signed and sealed envelope prior to the close of nominations. The University’s internal postal system can be used for their return but the University cannot guarantee delivery prior to close of nominations. External post can also be used but again proof of posting and timing of such cannot guarantee delivery by the close of nominations. It will be at the Returning Officer’s discretion as to whether a nomination form, received after the close of nominations, is accepted. 7.7 At the close of nominations, • Nominations will be opened by the Returning Officer/Deputy/Vice Deputy • Each form will be checked for compliance with electoral regulations – nominees are eligible to stand and seconders are eligible to nominate candidates for election; • Any incomplete/incorrect nominations will be discarded; • All nominees for each position will be listed in alphabetical order by surname (nickname, where applicable). This is the order that candidates will appear on the ballot papers. 47


7.8 After the close of nominations, each accepted candidate for Sabbatical positions: (i) Will be required to sign a statement that they have seen and agree to be bound by the Sabbatical Officers’ Terms and Conditions of Employment if they are subsequently elected to a Sabbatical position. If a candidate has not submitted a signed statement to the Union’s General Manager by 5pm two working days before the ballot opens, that candidate shall be deemed ineligible to stand in the election and their name will be withdrawn from the ballot slip; (ii) Must submit a cash deposit of £25 with the Returning Officer. This deposit will be forfeited at the discretion of the Returning Officer where it is proven that breaches of electoral regulations have occurred by the candidate or their supporters. 7.9 Each nomination must be accompanied by a manifesto and photograph (no more than 200 words) which will be used in publicising the elections and candidates via the Union’s media. Candidates will also be required to submit an A4 page to be included in a Manifesto Booklet, which shall be produced by the Union’s Vice President Communication and distributed by the Union. 7.10

The candidate 'Re-open Nominations' shall be considered to be fully nominated for all posts and it is the duty of the Returning Officer/Deputy/Vice Deputy Returning Officer to publicise this candidate and include R.O.N. on the ballot paper – RON will be the last candidate appearing in the list of candidates on the ballot paper.

7.11

Candidates may withdraw their nominations at any time up to 17:00 hours three working days before polling begins.

7.12

Notice of candidates and manifestos will be displayed on designated elections notice boards on each University site and on the Union’s web site by 9.00am on the next working day following the close of nominations.

8

HUSTINGS/MEDIA

8.1 Hustings shall be held for Sabbatical elections between the close of nominations and the election. Hustings shall be held at the Southwark and Havering sites and any other sites at the discretion of the Returning Officer/Deputy/Vice Deputy. 8.2 The Returning Officer/Deputy/Vice Deputy Returning Officers shall decide on the format, date and time of the official husting meetings and shall notify all candidates in advance of the commencement of Hustings. 8.3 The Returning Officer/Deputy/Vice Deputy Returning Officers, in conjunction with the Union’s Vice President Communications shall be responsible for all general publicity concerning the Hustings, giving at least five working days notice. 8.4 The conduct of election meetings and/or hustings and the duration of speeches shall be determined by the Returning Officer/Deputy/Vice Deputy Returning Officers in consultation with the candidates. All candidates will be given equal opportunity to speak during the Hustings. 8.5 All candidates contesting the election will be required to attend all election meetings. Failure to attend without a valid reason for absence shall lead to the immediate disqualification of the candidate by the Returning Officer/Deputy/Vice Deputy Returning Officers. 8.6 No person employed to assist with elections may seek to influence the result. 8.7 Union media shall treat the coverage of elections with due balance and fairness. 48


8.8 No candidate may promote their candidature by any means other than those identified in these regulations and the Returning Officer may take appropriate action at his/her discretion where breaches occur. 9

CAMPAIGN COSTS

9.1 The maximum amount that shall be spent on a campaign in one session will be decided by Council in conjunction with the Returning Officer/Deputy/Vice Deputy Returning Officers and displayed when the papers are posted. 10 USE OF UNION PROPERTY 10.1

No Union property may be used by the candidates contesting the elections unless the normal procedures for purchase, booking, hire or ordering have been observed. The General Manager, with overall responsibility for Union property, shall take due account for equality of access for the use of such facilities.

11 PUBLICITY 11.1

All publicity shall be in accordance with the Regulations for Election Publicity. The Returning Officer/Deputy/Vice Deputy Returning Officers shall be responsible for approving all election publicity and shall notify all student media of the Rules for Election Publicity.

11.2

No campaign publicity shall appear prior to the close of nominations. Any that does, will be removed or be required to be removed by the Returning Officer/Deputy/Vice Deputy Returning Officers.

11.3

No candidate’s publicity may interfere with the publicity of another candidate nor must any candidate remove or deface other candidates’ publicity.

11.4

No candidate shall use publicity to primarily promote another candidate, in the same or another election.

11.5

Any publicity produced for printing must be approved by the Officer/Deputy/Vice Deputy Returning Officers and signed by the candidate.

12

BALLOT PAPERS

12.1

Candidates shall appear on the ballot paper in alphabetical order by surname. The forename and surname by which the candidate appears on the University’s Student Record System shall be used (nicknames may be used at the discretion of the Returning Officer ).

12.2

Where there is more than one election taking place (i.e. in the case of Sabbatical posts), ballot papers for each position will be printed in different colours to facilitate the process and count.

13

VOTING

13.1

Voting will take place at each designated University site in accordance with an agreed predetermined timetable as published by the Returning Officer/Deputy/Vice Deputy Returning Officers.

Returning

49


13.2

No candidate or any persons other than those authorised by the Returning Officer/Deputy /Vice Deputy Returning Officers may occupy a position at or near (within 10 metres of the ballot box) a Polling Station except for the purpose of registering their vote.

13.3

Members wishing to vote must show their student ID card to the staff member to be checked against the LSBU Student Register. If eligible to vote (member’s name on student record), the member’s name will be highlighted on the register and appropriate ballot papers will be given to the member. Only one/one set of ballot papers will be issued to each member even if the papers are spoilt in any way. The Student Register may only be scrutinised by the Returning Officer/Deputy/Vice Deputy Returning Officers or nominated staff member assisting with the electoral process. The register shall remain confidential except in the case of a formal complaint.

13.4

Voters may express preference(s) to vote for a candidate(s) or to re-open nominations. A voter must express a first preference by placing the figure “1” on the ballot paper by their first preference for the vote to be valid. Voters may express further preferences by continuing to number preferences 2, 3, 4, etc. Preferences will only be acceptable where numbers are used, except where such marks indicate a clear first preference, where such preference may be inferred by the Returning Officer/Deputy/Vice Deputy Returning Officers. All other methods of denoting a preference by the voter, for example, ticks, crosses or any other such marks on the paper will be deemed to have spoilt the ballot paper. It will therefore not be considered a valid vote and will not count in the electoral process. The spoiling of ballot papers for one or more positions will not cause the votes for the remaining positions to be invalid.

13.5

Where there is only one vacancy for a contested post and only one candidate, the candidates name and RON will appear on the ballot paper. In such circumstances, the outcome will be decided by a majority vote.

13.6

RON shall be treated as a candidate when votes are counted. If RON is elected then the Returning Officer/Deputy/Vice Deputy Returning Officers shall declare the vacancy unfilled, and re-open the nominations for that vacancy if possible.

13.7

At the close of the predetermined times for voting on each site the ballot will be closed and no more votes will be allowed. The ballot box, papers and all associated election material will be secured until either the ballot re-opens or the material is transferred to the safe keeping of the Returning Officer/Vice Deputy Returning Officers in preparation for the Count. Until such time as the count takes place all material will be held in a secure place until the Returning Officer/Deputy/Vice Deputy Returning Officers and assistants commence the count.

14

THE COUNT/RESULTS

14.1

The Count will be held in a designated suitable room. Any ballot box used will be opened by the Returning Officer/Deputy/Vice Deputy Returning Officers. Candidates and one observer/agent will be allowed into the count. Only non-alcoholic drinks will be allowed in the room.

14.2

In undertaking the Count, the Returning Officer will refer to the most recently published booklet “How to Conduct an Election by the Single Transferable Vote” published by the Electoral Reform Society of Great Britain.

14.3

The Returning Officer/Deputy/Vice Deputy Returning Officers shall declare the result by notices pinned to notice boards, after having first informed all candidates at a meeting to be called by the Returning Officer/Deputy/Vice Deputy Returning Officers for this purpose.

50


15 BREACH OF REGULATIONS 15.1 The enforcement of these Regulations shall be the responsibility of the Returning Officer/Deputy/Vice Deputy Returning Officers. 15.2

The Returning Officer/Deputy/Vice Deputy Returning Officers may take appropriate action against any candidate or supporter in accordance with clause 3.4 regarding being in breach of these Regulations. A breach of the Regulations will be defined by the Returning Officer but will include (i) A candidate or their agents/supporters taking unfair advantage of any media (See Annex 2); (ii) A candidate or their agents/supporters doing any damage to any Union or University property; (iii) A candidate or their agents/supporters deliberately attempting to influence the impartiality of the Returning Officer/Vice Deputy Returning Officers or other staff employed to assist with the elections; (iv) A candidate or their agents/supporters deliberately sabotaging another candidate's campaign; (v) A candidate or their agents/supporters infringing the University's rules and regulations; (vi) A candidate or their agents/supporters bringing the University/Union into disrepute; (vii) A candidate or their agents/supporters undertaking violence or intimidation towards anyone will not be tolerated.

15.3

Any individual found sabotaging a candidate's campaign shall be subject to the Union/University's Disciplinary procedures as appropriate.

15.4

Any Union Officer who abuses their position to unfairly advantage a candidate shall be disciplined under Union Regulations. If that Officer is working as an agent of the candidate, the candidate shall be disqualified.

15.5

Any Union member of staff who abuses their position to unfairly advantage a candidate shall be disciplined under Union Regulations. If the member of staff (off duty) is acting as an agent of the candidate, the candidate shall be disqualified

16

OBJECTIONS

16.1Any complaint may be lodged with the Returning Officer/Deputy/Vice Deputy Returning Officers, up to the commencement of the count, and their decision shall be final. 16.2If it is alleged that the election has been run unconstitutionally by the Returning Officer/Deputy/Vice Deputy Returning Officers, then the objection should be made to the Vice Chancellor or his/her nominee who will determine what action to take within the spirit of these Regulations. 17 APPEAL 17.1

The decision of the Returning Officer/Deputy/Vice Deputy Returning Officers as defined in clause 3.3 shall be final except concerning the disqualification of candidates where an appeal may be lodged to a Pro Vice Chancellor agreed between the Union and the University.

18 INTERPRETATION 18.1

The interpretation of these Regulations is at the absolute discretion of the Returning Officer subject to 16.1 above. 51


19 AMENDMENTS 19.1

Any amendment to these Regulations shall be subject to the approval of a two-third majority of the Council at two successive meetings. Any amendments must be approved by the University’s Board of Governors before taking effect.

20 REFERENDA 20.1Notice of a referendum must be published by the Executive within 5 teaching days of receiving a written petition signed by 150 ordinary members, or following a motion passed by a Council or General Meeting of the Union. 20.2The referendum must be held not less than twenty and not more than thirty-five teaching days from the date on which the notice of the referendum was posted. 20.3If the notice of a referendum is published within twenty teaching days of any recess, the Executive has the option to hold the referendum during the first twenty teaching days of the next University session. 20.4Any motion or request of the Executive for a referendum must include the subject of the referendum and the names of those initiating it. Such a motion shall be on a single issue and shall have a 'yes' or 'no' resolution. The names of the proposer and seconder[s] shall also be stated. 20.5No issue, other than a referendum on affiliations under the 1994 Education Act as amended, shall be put to a referendum if it has already been put to a referendum in the previous academic year. 20.6The Executive shall organise a fair and balanced debate, which shall take place within five teaching days prior to the referendum. All Union media must be equally available to both sides of the referendum. It is the responsibility of the Returning Officer/Deputy/Vice Deputy Returning Officers to ensure that the referendum is run fairly. 20.7Only ordinary members of the Union may vote in a referendum. 20.8The subject of the referendum shall be determined by a simple majority. If less than 1000 members participate then the referendum shall be declared null and void. If less than 1500 but more than 1000 participate, the subject matter must be ratified by a quorate UGM to become Union policy. 20.9Policy decided by referendum and ratified by a quorate UGM shall be binding upon the Union and shall supersede any policy previously made. Any decisions resulting from a referendum cannot be reversed during that Academic Year.

London South Bank University Students’ Union Approved by The University’s Board of Governors July 2007 (BG 41 (07)

52


ELECTION REGULATIONS

ANNEX 1

THE SABBATICAL JOB DESCRIPTIONS 1.

The election for all Sabbatical Officer positions shall be held by a Cross Campus secret ballot.

2.

In the event of a vacancy occurring for any sabbatical post in mid-session, the post shall be deemed to be vacant for the remainder of that Academic Year. The duties of the absent Sabbatical Officers shall be shared out by Council between the remaining Sabbatical Officers and sufficient clerical support shall be provided to facilitate these additional responsibilities.

3.

The roles and responsibilities of Sabbatical Officers are defined below. These shall be in addition to any other duties delegated to them by the Executive Committee or Council. The conditions governing the service of union officers in Sabbatical posts shall, (in addition to the requirements of the Constitution and Regulations) be the subject of a contract between the elected officers and the Union. This contract shall be made available for inspection by all candidates standing for election to a Sabbatical post. Agreement to stand for election shall be taken as acceptance of the terms of the contract by the successful candidates. The contract shall be reviewed annually by Council and shall set out the agreed number of working hours and the remuneration for each Sabbatical position. It shall include an agreement to be bound by the Constitution of the Union and by the terms of the Staff/Student Protocol (appended to the Union Constitution). No increase in remuneration shall apply until the commencement of the next Academic Year following the annual review. The Sabbatical Contract shall be presented annually, following its review, to the Board of Governors of the University for approval before it shall become effective. This shall take place at the same time as the approval of the Union’s annual budget.

PRESIDENT This role will ensure that students are represented on University Committees and will liaise with the General Manager in order to ensure the Students’ Union’s policy and procedures are effective. They will also be responsible for seeing that financial policy and procedures are adhered to and will ensure a proactive relationship between the Students’ Union and the University is maintained. 1.

The President or their nominee as a full participant or an observer, with speaking rights (the acceptance by the University not to be unreasonably withheld) shall represent the Union on the various Committees and Boards of the University and shall be responsible for the articulation and co-ordination of Union policy. The President shall consult with the Executive on policy implementation and practice. They shall provide the Executive and Council with regular written progress reports and policy recommendations, including an annual review of the constitution and regulations.

2.

The President shall chair meetings of the Executive Committee and other meetings of the Union as appropriate. They shall ensure that the Union's democratic structures and principles are adhered to by elected officers, members and staff.

3.

The President shall be the responsible for liaising with the General Manager on staffing issues and management policy within the Union in accordance with the Union’s Staff/Student Protocol and other regulations and agreements.

4.

In conjunction with the General Manager the President shall conduct the Union's legal affairs.

53


5.

The President shall have particular responsibility for ensuring that the Union is inclusive of all students, for example (part-time, mature, international, post graduates and students with disabilities).

6.

The President shall ensure that: • All Union Officers are fully aware of the Unions Charitable status and the obligations that this status entails; • All Trustees comply with the Constitution and any other Standing Instructions and Regulations.

7.

The President in conjunction with the General Manager shall have overall responsibility for budgetary control and financial policy and procedures within the Union, ensuring that all procedures and standing instructions are adhered by Officers and Staff.

8.

In conjunction with the Finance Manager, they shall oversee the preparation of the Union's budgets, monthly accounts, and audit.

9.

The President shall prepare the Union's annual report.

They will be responsible for overall staff relations and will be a member of the Staffing Committee. VICE PRESIDENT WELFARE AND CAMPAIGNS The Vice President Welfare and Campaigns is primarily responsible for undertaking research as to what students feel strongly about and ensuring effective campaigning. They will consult with the NUS campaigns and be proactive with nationwide student campaigns. This Officer will also be responsible for student welfare including facilitating Course Board Rep training. 1.

The Vice President Welfare and Campaigns shall be the Union's representative on the Joint Union Committee and shall be responsible for co-ordinating any joint action or campaigns sanctioned by that body on behalf of the Union. They shall convene Union staff meetings and be responsible for liaising with staff Trade Unions.

2.

They, in conjunction with the President and the General Manager, shall be responsible for the creation and implementation of a strategic plan. This Strategic plan shall be reviewed on an annual rolling basis projecting two years forward, to mirror the University’s strategic planning process. The Strategic Plan shall be presented annually to the University for information purposes.

3.

In conjunction with the President, they will be responsible for overall staff relations and will be a member of the Staffing Committee.

4.

The Vice President Welfare and Campaigns shall be responsible for ensuring that the Union has an up to date policy on equal opportunities and that it is communicated to members.

5.

The Vice President Welfare and Campaigns shall represent the Union externally within the community and play an active role in promoting the cohesion of students and local residents. This role shall include overall responsibility for events such as the Union’s annual Rag Week.

6.

They shall be responsible for formulating a budget within the Union’s Student Training heading to facilitate the provision of opportunities for student development.

7.

To develop students' transferable skills, with the aim of increasing their future employability. In pursuit of this aim, they shall also liaise with relevant personnel within the University, working with them in the promotion of initiatives by the University that 54


have similar aims. They shall have power to sanction joint initiatives with the University and also to make representations to the University on matters of student development. In so doing they shall work closely with the President, to ensure that student development issues are raised at the relevant committees of the University. 8.

In conjunction with the Vice President Communications, the Welfare & Campaigns Officer will play a role in the publicity of campaigns and other policy initiatives.

9.

The Vice President Welfare and Campaigns shall work in conjunction with the Student Advice Bureau to research and inform students of issues relating to Education and Welfare. They shall be responsible for communicating issues raised within the Student Advice Bureau to the relevant committee/s within the Union and the University, and also for communicating relevant information from the University, and from any outside body or organisation, to the Student Advice Bureau. The Vice President Welfare and Campaigns shall be responsible for making representation to the University on issues involving Education and Welfare, as determined by Union policy decided by Council.

VICE PRESIDENT SOCIETIES AND ACTIVITIES The Vice President Societies and Activities will oversee and facilitate all societies ensuring information is taken to Council for the purpose of Ratification. They are responsible for ensuring all societies adhere to Students’ Union is policies & procedures and allocating society budgets fairly in accordance with legislative provisions. They are also responsible for ensuring that there is a diverse range of activities on offer to students and encouraging participation. 1.

The Vice President Societies and Activities shall have overall responsibility for the oversight and regulation of the Union's Societies.

2.

They will be responsible for ensuring that all Societies are working within the Rules and Regulations governing the conduct and management of Societies. This will entail: i)

Ensuring that all societies are democratically run and accountable to members.

ii)

Ensuring a fair system for the allocation of society budgets is established and implemented, taking into consideration the Education Act advice of the Attorney General and any other regulations applicable to Students’ Unions.

3.

The Vice President Societies and Activities shall in co-ordination with nonsabbatical officers provide for the effective administration of societies, this will include setting down and ensuring that various procedures and practices are followed, and maintaining a membership database.

4.

They shall in co-ordination with the President be responsible for the preparation and control of societies’ budgets and spending.

5.

They shall provide the Executive and Council with regular reports and recommendations on the conduct and activities of all societies.

6.

They shall ensure that societies are properly insured and that the Union is fulfilling all its legal obligations with regards to issues concerning Duty of Care and relevant Health and Safety legislation.

55


7.

They shall provide for the implementation of procedures so that societies may manage their affairs with the Union efficiently and effectively.

8.

In conjunction with the Venue and Bar Manager and other relevant managers, they shall liaise with societies wishing to hold events within the Union. They shall ensure that all societies are regularly informed of changes to procedures and policy through the publication of the societies handbook, via the democratic structures, email and notice boards

9.

10.

They shall in conjunction with the Venue and Bar Manager provide events and activities for students.

11.

Shall have overall responsibility for organizing of the Freshers Fair(s) (Normally on Southwark and Havering campuses).

VICE PRESIDENT COMMUNICATIONS The Vice President Communications is responsible for the production of all Union publicity (except Athletic Union publications). They are responsible for communicating with the members, gaining feedback and reporting on all aspects of the Union and Student life. Ensuring the effective running of the radio station, the website and the newspaper and making sure all publicity is inline with the Unions values. 1.

The Vice President Communications shall be responsible for production and editing the content of the Union’s media, and all publications produced by the Union, except the Athletic Union Publications produced by the Athletic Union President.

2.

They shall be responsible for co-ordination of publicity of the Executive Committee and other meetings of the Union. They shall ensure that all policy decisions of the Council are communicated to the membership through the use of the Union's media resources.

3.

They shall, in co-ordination with Line Managers and the Vice President Societies and Activities be responsible for the effective promotion and marketing of the Union's trading and service areas.

4.

They shall in, conjunction with the Student Advice Bureau and the Vice President Welfare and Campaigns communicate relevant issues of concern to students in the areas of Education and Welfare.

5.

They shall ensure that regular information E.g. newsletters and newspapers is produced and made available to the membership during term time.

6.

They shall ensure that all clubs and society publicity does not contravene Union policy on Equal Opportunities and shall ensure that procedures with regards the posting of publicity are strictly adhered.

7.

They shall be produce an annual Union Handbook (in conjunction with all elected officers and relevant staff) to be available for distribution to students at enrolment. They shall liaise with the University’s Registry concerning the matter of distribution.

8.

In conjunction with the Vice President Welfare and Campaigns, they shall play a major role in the publicity of campaigns and other policy initiatives.

9.

They shall be responsible for the existence, maintenance, and content of the Union’s Web Site and Radio Station. Ensuring that the Radio Station constitution is adhered to.

56


10.

In conjunction with the Vice President Welfare and Campaigns and the Vice President Societies and Activities shall encourage student volunteering with media, events and campaigns in mind.

ATHLETIC UNION PRESIDENT The role of the Athletic Union President is to ensure effective running of the Athletic Union, provide Sports Clubs with all the necessary resources and encourage student participation. They are responsible for the Athletic Union finances, strategic planning in conjunction with the President, General Manager, Vice President Welfare & Campaigns and Academy for recreation, sport physical activity and well being and are responsible for providing services requested by the Athletic Union membership. 1. The Athletic Union President shall have overall responsibility for the oversight and regulation of Athletic Union Clubs and Teams. 2. They will be responsible for ensuring that all AU Clubs are working within the Rules and Regulations governing the conduct and management of AU Clubs. This will entail: i.

Ensuring that all AU Clubs are democratically run and accountable to members.

ii.

Ensuring a fair system for the allocation of AU Clubs’ budgets is established and implemented, taking into consideration the Education Act, Charities Legislation and advice of the Attorney General.

3. The Athletic Union President shall in co-ordination with non-sabbatical SEC officers provide for the effective administration of AU clubs, this will include setting down and ensuring that various procedures and practices are followed and maintaining a membership database. 4. They shall in co-ordination with the President be responsible for the preparation and control of Athletic Union budget and spending. 5. They shall provide the Executive and Council with regular reports and recommendations on the conduct and activities of all AU clubs. 6. They shall ensure that AU Clubs and their activities are properly insured and that the Union is fulfilling all its legal obligations with regards to issues concerning Duty of Care and relevant Health and Safety legislation. 7. They shall facilitate the provision of Officer Training for AU Club Officers to take place within the first 3 weeks of semester 1, in co-ordination with the Vice President Welfare and Campaigns. 8. They shall provide for the implementation of procedures so that Athletic Union Clubs may manage their affairs with the Union efficiently and effectively. 9. In conjunction with the Bar and Events Manager and other relevant managers, they shall liaise with clubs wishing to hold events within the Union. 10. They shall be responsible for the organisation of the Annual Awards Dinner and for delivering the Sports Colours system in line with the sports strategy. In organisation of the Annual Awards Dinner they shall liaise with the Vice President Societies and Activities and any managers as appropriate 57


11. They shall ensure that all AU Clubs are regularly informed of changes to procedures and policy through the publication of the Club Officials Handbook, via the democratic structures, email and notice boards 12. The AU President shall be responsible for the implementation of the AU regulations, as approved by Council. They shall also be bound by the terms of the AU regulations. 13. They shall be responsible for encouraging participation in the activities of the AU Clubs and for working with the University’s Director of the Academy of Physical activity and wellbeing in the promotion of Sport within the University as a whole. This shall include a role in the formulation and implementation of the University’s Sport Strategy. 14. They shall work with the University in the selection of candidates for Sports Bursaries and Sports Scholarships and shall facilitate the participation of recipients in AU activities where appropriate. 15. They shall work closely with the University’s Director of the Academy of Physical activity and wellbeing and Sports Departments, in developing a cohesive approach to Sport at London South Bank, aimed at encouraging participation, representation and excellence. The main focus of the AU‘s activities being in the area of representative sport, or Student participation in non-competitive sports sanctioned by the AU. 16. They shall be responsible for maintaining an inventory of all equipment belonging to the AU and its Clubs, and for ensuring that it is maintained, stored securely, and replaced as necessary. 17. They shall be responsible for the production of an annual Sports Handbook in conjunction with the University Academy of Physical activity and wellbeing, to be available to students prior to and during enrolment. 18. The AU President shall also be responsible for exercising other responsibilities as may be required of them by the Union Executive, Council, or the AU Committee, from time to time. PART TIME VICE PRESIDENT HAVERING AND WHIPPS CROSS (HWC) This position will be based at the Harold Wood Campus. The Vice President is responsible for ensuring EEL campuses are effectively represented, facilitating student needs and communicating student issues to the Southwark campus. 1.

Shall work in conjunction with the Student Advice Bureau to research and inform students of issues relating to Education and Welfare.

2.

Shall be responsible for communicating issues raised between the Student Advice Bureau, the University, Students and any external organisation.

3. 4.

Shall have overall responsibility for the allocation of the HWC budget. In conjunction with the Societies & Activities Officer and Athletic Union President they will organise a Freshers’ fair in March at the Havering Campus.

5.

The Vice President HWC shall sit on the Health Faculty Student Affairs Committee.

6.

Shall act as the main representative for students at the HWC campuses.

7.

Will be responsible for communication between the HWC and Southwark campuses. 58


8.

They shall be present at Sabbatical, Executive, Council and any other meetings as required. For example the Students’ Union’s AGM.

9.

Shall be responsible in conjunction with the Societies & Activities for providing and arranging social events for students at the HWC campuses.

10.

Shall play a major role in the publicity of campaigns and other policy initiatives at the HWC campuses.

11.

Shall Provide Executive Committee and Council with regular written reports and recommendations on conduct and activities at the HWC campuses.

12.

Shall play a leading role in the formation and running of the Student Council for Nursing (SCN) and will ensure that the SCN adheres to the SCN rules and regulations.

STUDENT REPRESENTATION OFFICERS’ ROLES/JOB OUTLINES The roles/job outlines below are as agreed by the Union’s Council. All Student Representation Officers (SRO) are expected to attend Council meetings (at least once per month during term time) and give briefings of any progress, issues, concerns or positive feedback relating to the students you are representing. Additionally, the SROs will ensure that the interests and perspectives of the section of students that are being represented are communicated to the Students’ Union in relation to any work or activities that the Union undertakes. EQUALITY AND DIVERSITY OFFICER This post will: • • • • • • • • •

Ensure all students are treated equally, regardless of their race gender, sexuality, disability, age, ethnic origin, religion or creed. Campaign on issues to ensure that the University, students and the Students’ Union treat every student equally. Organise as required, a forum/group for students to meet to discuss equal opportunities issues. Establish, maintain contact and provide information from groups and organisations that work on equal opportunities issues. Promote positive involvement of all those students who face discrimination in all areas of the Students’ Union’s and University’s activities. Monitor incidents of discrimination in the University and inform the Students’ Union of these incidents. Seek to ensure that the Union and University publications and events do not contain discriminatory material and ensure the provision of and depiction of a wide range of images. Liaise with the University and ensure an input to the development, monitoring and review of the University’s Equal Opportunity procedures. Ensure that the Union’s policies on Equal Opportunities are reviewed and updated in conjunction with the Union’s President.

LESBIAN, GAY, BISEXUAL AND TRANSGENDER (LGBT) OFFICER The post holder will be a Lesbian, Gay, Bisexual or Transgender student and will: • Organise social and educational LGBT meetings and events. • Organise training events for LGBT students in conjunction with the NUS LGBT Campaign in the London Region. • Establish and maintain contact with and provide information from groups and organisations that deal with publicity concerning LGBT issues. • Promote the positive involvement of LGBT students in all areas of the Students’ Union’s activities. 59


MATURE STUDENTS OFFICER The post holder will be a mature student over the age of 21 at the start of the election and will: • Be responsible for organising a Mature Students’ Group and encourage mature students to participate in it and any other activities arranged specifically for mature students. • Provide a perspective on issues that affect mature students. • Establish and maintain contact with NUS Mature Students Committee. • Attend relevant conferences on behalf of the Students’ Union. INTERNATIONAL STUDENTS’ OFFICER The post holder will be an international student and will: • Organise social and educational events for international students. • Raise awareness amongst students about the issues that affect international students. • Promote the positive involvement of international students in all areas of the Students’ Union’s activities. • Provide a perspective on issues that affect international students. DISABLED STUDENTS’ OFFICER The post holder will: • Maintain contact with the NUS concerning the Disabilities Campaign and any other organisation providing support/campaigning for students with disabilities. • Establish and maintain contact with and provide information from groups and organisations that work on disability issues. • Promote the positive involvement of disabled students in all areas of the Students’ Union’s activities. • Represent the views of disabled students to the Students’ Union and the University. • Monitor the University’s and Union’s provision for students with disabilities and bring failings to the attention of the Union/University (as appropriate).

60


NEED TO AMEND TO ELECTORAL REGS 250408 London South Bank University Students’ Union Approved by The Board July 24th 2003 with minor amendments July 15th 2004 [Paper No. BG 31 (04)]

61


ELECTION REGULATIONS RULES FOR ELECTION PUBLICITY

ANNEX 2

1

These rules apply to all candidates in an election. All publicity must be approved by the Returning Officer/Vice Deputy Returning Officers before it is produced, distributed or displayed.

2

Material lodged with the Union for production will be submitted by the Union to the Returning Officer/Vice Deputy Returning Officers for approval. Individual candidates should not present material to the Returning Officer.

3

The maximum size for all posters shall be A3 or an equivalent area.

4

Posters may be put on walls within the Union Building, and within the University at the discretion of the Returning Officer/Vice Deputy Returning Officers. Posters shall be affixed with 'Blue Tac' or equivalent and not drawing pins unless on notice boards where drawing pins should be used. It is an offence for a candidate or their supporters to remove or cover up any poster, except out of date posters.

5

All written publicity/campaign material and speeches/hustings shall be in English.

6

The Returning Officer /Vice Deputy Returning Officers has the authority to require payment for the cost of any damages resulting from the contravention of these rules by a candidate, and to refer the matter to the University for disciplinary action.

7

The content of campaign publicity shall not be libellous, of an offensive nature, liable to bring the University/Union into disrepute or considered to be untruthful in the opinion of the Returning Officer/Vice Deputy Returning Officers.

8

No campaign publicity shall appear prior to the close of nominations.

9

Publicity material shall be produced by the Union to the individual candidate’s specifications, subject to a pre-publicised list of options and scale of charges.

10 Publicity shall be produced up to the agreed limit of an individual candidate’s expenditure as defined in clause 9.1 Election Regulations. The cost of this publicity shall be borne by the Union. 11 No candidate shall produce further quantities of election material from any other

source.

12 All officially produced material shall be stamped, after the Returning Officer/Vice Deputy Returning Officers has approved it. 13 All material submitted to the Union for production will be available within 2 working days 14 All media shall be equally available to all candidates. 15 No form of Union or University insignia shall appear on any candidate's publicity material. 16 All media or newsletter reports or comments on the election must mention the names of all candidates standing for a post within the body of the report. 17 Any publicity produced for printing must be signed by the candidate London South Bank University Students’ Union Approved by The Board 24th July 2003 with minor amendments July 15th 2004 [Paper No. BG 31 (04)]

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LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION CONFERENCE REGULATIONS 1

ATTENDANCE AT CONFERENCES

1.1

The decision making bodies of the Union shall determine, in accordance with the procedures outlined in these Regulations, which conferences it will recognise as appropriate for Full Union members, representatives or delegates to attend at the Union's expense.

1.2

In determining the level of funding and the number of members attending conferences, the decision making bodies of the Union shall be required to take into account the Union’s budgets/financial situation and status and function of the conference as defined in the categories below.

1.3

In the event of a dispute on the status of a conference, the President shall be required to make a ruling on the matter, which may at the request of the parties to the dispute, be referred to the Council for a decision which shall be final.

2

CATEGORIES OF CONFERENCE

2.1

Conferences shall be recognised and these Regulations shall be applied in relation to the category in which each conference may reasonably be defined. The guidelines for defining conferences shall be based upon the following categories.

2.1.1

National and Regional Policy Conferences Defined as policy making and organisational conferences where the collective views of the Union should be represented in accordance with the policy and the interests of the Union as expressed through policy approved by the Council. The conferences shall include NUS National Conferences, NUS Regional Conferences, and conferences of any other bodies, to which the Union may be required to affiliate by the Constitution.

2.1.2

Specialist Policy Conferences Defined as policy-making and organisational conferences where the views of recognised group or groups of members within the Union - rather than the Union as a whole - should be represented in accordance with the interests and expressed policy of the recognised groups. These conferences shall include the conferences of the relevant sports organisation e.g. BUSA, National and Regional policy-making and organisational conferences concerned with the interests of minority or specific groups of students, policy-making and organisational conferences directly related to the activities and aims and objects of recognised clubs and societies, policy-making and organisational conferences directly related to the collective interests of the groups represented on the sub-committees of the Council.

2.1.3

Training and Briefing Conferences Defined as those non policy-making conferences designed to train or inform officers, members or recognised groups within the Unions on current developments in existing policy areas or in areas of competence that will be of specific or general benefits to the Union or of benefits to a recognised group within the Union.

2.1.4

Officers’ Conferences and Meetings

63


Defined as conferences and meetings convened for specific elected officers of the Union and where the Union should be represented in accordance with the policy of the Union and/or where Union officers are required to report back to the appropriate elected committees of the Union. 2.1.5

Ad hoc Conferences Defined as irregular or extraordinary conferences and meetings convened by recognised, affiliated or ad hoc groups in response to developments or issues which are of concern to either the Union or recognised groups within the Union. Once the category of a conference has been determined by the Council in accordance with clause 1.1 above, the categorisation shall continue to apply until such time as the definition of the conference has been amended by an equal or superior decision-making body within the Union.

3

ACADEMIC CONFERENCES

3.1

4

The Union shall not recognise nor shall it fund attendance at those conferences convened for learned or academic purposes where funding and attendance should be the proper concern of the academic departments of the University. NATIONAL AND REGIONAL POLICY CONFERENCES

4.1

Election to National Policy Conferences

4.1.1

All delegates to National Policy Conferences shall be elected by cross-campus ballot in accordance with the Regulations governing Elections and the total size of the delegation elected shall not exceed the Union's entitlement to delegates. All nominations for election must be supported by two ordinary members of the Union.

4.1.2

The delegation leader shall be elected by a vote conducted among the delegates elected to attend the conference.

4.1.3

A record shall be kept of the votes cast in the election and in the event of a member of the elected delegation being unable to attend the conference the unsuccessful candidate with the highest number of votes shall take his or her place.

4.1.4

Observers shall be allowed to attend National Conference at the discretion of Council. Observers shall normally be required to meet the full cost of attendance at National Conference themselves. Council shall have the power to exceptionally agree that the Union shall meet part or all of the costs of an Observer subject to funds being available for such purpose), where the Union has a particular interest in that person attending.

4.2 Elections to Regional Policy Conferences 4.2.1

All delegates and observers to Regional Policy Conferences shall be elected by a secret ballot of the Council. Nominations shall be opened at least two weeks before the meeting of the Council and candidates who are not members of the Council will be granted full speaking rights during the elections.

4.3 Disqualification of Candidates 4.3.1

Where a candidate knows in advance that they cannot attend for the whole duration of a National or Regional Policy Conference, the candidate will be required to withdraw from the election. 64


4.3.2

4

All candidates for National or Regional Policy Conferences shall also be required to sign an undertaking that they intend to vote in accordance with Union Policy as determined by the Council. In the event of any candidates refusing to sign such a declaration, they shall immediately be disqualified from the election.

CONDUCT OF DELEGATES AT NATIONAL AND REGIONAL POLICY CONFERENCES

4.4 The delegation shall be collectively responsible for representing the Union at National or Regional Policy Conferences and, in accordance with the Regulations governing both Union General Meetings and the Council, the delegation shall be required to vote in accordance with policy as determined by Council and Referenda and this shall include the requirement to vote against conference policy motions that have previously been rejected by either the Council or referenda. 4.5 Where no policy exists on a particular conference policy motion, the delegation shall determine its position by a majority vote of the delegates and observers attending the conference. Where no such majority exists, the delegation shall abstain from voting. The motion shall then be tabled for discussion at the meeting of the Council immediately following the conference. 4.6 The delegation shall vote as a body at all times on both policy motions and elections and the delegation leader shall maintain a record of the votes cast by the delegation and on return from the conference, this voting record shall be submitted to the next meeting of the Council in the form of a written report. 4.7 Prior to National Policy Conferences, the Council shall also determine by secret ballot the Union's vote in elections to the NUS National Executive and the delegation shall be required to cast its vote in the order of preference determined by the Council. 4.8 In the event of the delegation leader failing to present a full report to the Council they shall immediately be disqualified from standing for election to the next National or Regional Policy Conference. 4.9 In the event of a member of the delegation failing to either vote in accordance with Union Policy or in accordance with a majority decision of the delegation, their delegate status shall immediately be removed. The disciplined delegate may also be disqualified from election to regional and national policy conferences for the following twelve calendar months subject to the agreement from the Council. 4.10

5

In the event of a member of the delegation deciding to leave the conference early, they must give a full explanation to the rest of the delegation and if the delegation is not satisfied with the reasons given, they may recommend to the Council that the member should be disqualified from attendance at some or all future policy conferences.

ATTENDANCE AT OTHER CONFERENCES

6.1

Specialist Conferences 6.1.1 Where a recognised club or society exists to represent the view of specific groups or to campaign on particular issues, the appropriate sub-committee shall (subject to ratification by the Council) determine the attendance at Specialist Policy Conferences and shall allocate funds accordingly from its own budget.

6.1.2

Where no recognised club or society exists, the Council shall determine whether or not the Union shall be represented at the particular Specialist Policy Conference and in 65


accordance with previously agreed guidelines, it may allocate funds accordingly from the appropriate Union budget heading. 6.2 Training and Briefing Conferences 6.2.1

The Council or, in its absence, the Executive Committee shall determine attendance at Training or Briefing Conferences and shall allocate funds accordingly from the appropriate Union budget heading.

6.3 Officers Conferences and Meetings 6.3.1

The Executive Committee shall determine attendance at Officers Conferences and Meetings and subject to ratification by the Council shall normally allocate funds from the Union's Conference budget.

6.4 Ad Hoc Conferences 6.4.1

6

The Council shall determine recognition and attendance at all ad hoc conferences and shall also determine the allocation of funds from the appropriate sub-committee or other budget heading.

FUNDING OF CONFERENCES

6.5 The Council shall establish and shall annually update guidelines for the funding of conferences, including levels for the payment of travel expenses and where appropriate, accommodation and subsistence allowance. 6.6 The decision of the Council on all matters relating to the funding of conferences shall be final..

London South Bank University Students’ Union Approved by The Board July 24th 2003

66


LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION SECTION A – SOCIETY REGULATIONS SECTION B - ATHLETIC UNION AND AU CLUBS’ REGULATIONS A 1

SOCIETY REGULATIONS RECOGNITION OF SOCIETIES

1.1

To achieve recognition by the Union a Society must submit via the VP Societies and Activities a proposed constitution to Council, in order for the Society to be ratified.

1.2

Societies wishing for recognition must submit necessary notice of supporting documents to the Vice President Societies and Activities at least five teaching days before the Council meeting. Supporting documents being; (i)

Constitution and Aims and Objectives of the Society.

(ii)

Names and addresses of the nominated officers to serve as the Society Committee members.

(iii)

Declaration of intended active membership signed by at least 20 eligible ordinary members.

(iv)

If wishing to claim a grant, a budget application and subsequently membership money to be handed in to the VP Societies and Activities.

1.3

Members of the Council shall have the right to question the representatives of the Society seeking recognition.

1.4

The Council shall not normally deny recognition unless aims, objectives and proposed activities of the Society are currently and actively undertaken by an existing recognised Society or the Union itself, or where the aims and objectives could be considered to contradict Union Policy.

2 2.1

REGISTRATION OF SOCIETIES All Societies will be required to file the following with the Vice President Societies & Activities, on an annual basis in order that they can be officially accepted as active and operational from year to year: (i)

Constitution and Aims and Objectives of the Society (any changes to these must be ratified by Council).

(ii)

Names and addresses of the nominated officers to serve as the Society's Committee members.

(iii)

Declaration of active (paid-up) membership signed by at least 20 eligible ordinary members.

(iv)

If wishing to claim a grant, a budget application and subsequently membership money to be handed in to the VP Societies and Activities.

67


3

(v)

An attendance list (to include University registration numbers) for the Annual General Meeting held in the preceding year

(vi)

An inventory of the Society’s equipment.

CONSTITUTION OF THE SOCIETY

3.1

The VP Societies and Activities will be required to keep records of current Societies’ constitutions. All members of the Union shall have the right to inspect Societies' constitutions.

3.2

All amendments to Societies' constitutions must be submitted to the Council (or on appeal, a Union General Meeting) for ratification, any such amendments to be carried by a simple majority of those present and voting.

3.3

The Union constitution and subsequent rules and regulations will take precedence over the constitutions of Societies.

3.4

No amendments to a Society’s constitution shall contradict or negate the requirements of the Union Constitution.

4

MEMBERSHIP OF SOCIETIES

4.1

All members of the Union, excepting reciprocal members, shall be entitled to join any Society recognised by the Union.

4.2

They shall also be entitled to take part in the activities of any Society provided that the constitutions of the Societies are observed.

5

REGISTRATION OF SOCIETY MEMBERSHIP

5.1

Membership cards will be supplied by the VP Societies and Activities to the Society secretaries, by the first sub-committee meeting.

5.2

The cards will be numbered and it is the responsibility of the Society secretary to issue them to every eligible member, and maintain a current register which is to be supplied to the VP Societies and Activities.

5.3

Details contained on cards and subsequently registers are: (i) (ii) (iii)

Club/society name Members name Student number

5.4

The VP Societies and Actitvities shall have the right to inspect or audit the membership records of a Society at any time and will maintain a membership database of all societies’ members.

5.5

The membership register maintained by a Society shall be deemed to be a declaration of that Society's current voting membership.

5.6

Where the register is found to be below the minimum requirement of twenty active members, or where it can be clearly demonstrated that the register does not represent a true record, the matter shall immediately be referred to the Council or in its absence, the Executive Committee for appropriate action. 68


5.7

Membership cards will only be supplied on receipt of the membership fees of at least 20 ordinary members paid in to the Union office.

5.8

A membership card will only be issued on receipt of full membership fee from the individual wishing to register with the Society.

5.9

The VP Societies and Activities shall maintain a membership database of all society members.

6

MEMBERSHIP FEES TO SOCIETIES

6.1

All Societies must charge a membership fee, as a condition of membership, the rate of which will be set by the VP Societies and Activities in conjunction with the President.

6.2

No Society shall be empowered to set a higher membership fee than that determined or make any other levies or charges on it's membership without prior consent or knowledge of the VP Societies & Activities.

6.3

Membership fees will form the basis of income to the Society and will be credited to the Society account held at the Union.

6.4

In the event of the Society not passing on the total fees collected, failing to collect the required amount of membership fees or handing in fees after the cut-off date for a budget application, the funds allocated to that Society, shall be immediately withheld and the matter shall be referred to the Student Council or in the absence of this the Executive Committee for appropriate action.

7

OFFICERS OF SOCIETIES

7.1

Every recognised Society will be required to elect a panel responsible for the running of the Society.

7.2

A member of the Executive or persons appointed by the VP Societies and Activities shall be present at the Annual General Meeting of each Society. They shall be responsible for ensuring that officers are elected, and that elections are fair.

7.3

The panel must consist of a Chair, Treasurer and Secretary. The VP Societies and Activities shall be an ex-officio member of any Society. No officer of a Society may hold more than one portfolio.

7.4

Only ordinary members of the Union shall be eligible to be an officer of the Society.

7.5

Only ordinary fully paid members may vote in elections for Society officers.

7.6

The quorum for the meetings of societies shall be 15 ordinary members including the committee.

7.7

The committee will have collective responsibility for the conduct of Society members.

7.8

The committee will be accountable to its membership and thereafter to its representative sub-committee, Council or in their absence Executive Committee.

7.9

In addition to the duties and responsibilities required by the registered membership the officers of Societies will be required to fulfil these duties: (i)

Ensure proper conduct of Societies individuals and members in accordance with the Union's Constitution, Rules and Regulations. 69


8

(ii)

The Chairperson will be responsible for the proper conduct of the Society's affairs in accordance with the Union Constitution, Rules and Regulations; the maintenance of Society’s constitution and for ensuring the required representation of the Society's interests to the appropriate committees or bodies of the Union.

(iii)

The Secretary who shall be responsible for the issue of membership cards, the maintenance of the membership record and where applicable the collection of subscription fees. The Secretary will also be required to notify the VP Societies and Activities of any changes in the membership of the Society, changes in the membership of the committee and change of address by any of the Society's elected officers or members.

(iv)

The Treasurer who will be responsible for the proper control and conduct of the Society's financial affairs in accordance with the Union Constitution, Rules and Regulations. The Treasurer will also be responsible for the preparation and submission of the Society's budget within the required period.

(v)

Keeping records of the finances of the Society and updating these within a ledger provided by the VP Societies & Activities.

REPRESENTATION OF SOCIETIES

8.1

Representation is required by Societies at Council and Council sub-committees as defined under the Constitution and Regulations.

8.2

The representatives should normally be the elected officers of which at least two should be in attendance. The attendance of the Treasurer is compulsory at any budget meeting.

8.3

If attendance by elected officers is unattainable then a nominated representative from within the membership will be deemed appropriate.

8.4

The elected or nominated Society representative will be required to conduct their affairs in accordance with the Constitution and Rules and Regulations of the Union.

8.5

Non-representation or absenteeism from 2 consecutive meetings of the sub-committee without apologies shall immediately be referred to Council or in its absence the Executive Committee. Further, that Society‘s budget shall be frozen.

9

FINANCES

9.1

The advice of the Attorney General is appended to and forms part of these Regulations (Appendix 1).

9.2

No Society shall hold a bank, building or any other subsequent account outside of the Union.

9.3

All monies shall be paid into the Union offices.

9.4

Upon request, any Society shall present their accounts to the Union Finance Committee.

9.5

Only recognised Societies shall be granted financial assistance from the Union in accordance with a budget approved by either Council, or sub-committee on which the Society is represented.

70


9.6

Granting of financial assistance will be subject to the Society meeting the requirements of the Union Constitution, Rules and Regulations and such financial instructions, guidelines and procedures as may be issued by the appropriate governing bodies within the Union.

10 SUBMISSION OF SOCIETY BUDGETS 10.1

Societies will be required to submit a projection of their future budgetary requirements to the VP Societies & Activities by the end of the second week of each autumn term.

10.2

The budgets submitted will take the form of the Society's projected requirements for the following academic year and should take particular account of future need for the replacement or purchase of capital equipment.

10.3

Unless the Council, or Executive rules to the contrary, Societies who fail to submit a budget within the required period, will have the opportunity to apply at a later date, subject to the availability of appropriate funds.

11 PROVISION OF FUNDS FOR SOCIETIES 11.1

The Union draft budget will be presented, on the basis outlined elsewhere in these Regulations, to a Council, or Executive meeting for approval.

11.2

Society funds will be included in the overall budget under headings which allocate funds, including running costs, to Council sub-committees on a basis which takes account of the Societies represented therein and their combined projected requirements as included in the overall Union budget.

11.3

There shall also be an additional heading for a Society's Contingency Fund whose designation shall be decided upon the VP Societies and Activities and the President.

12 ALLOCATION OF FUNDS TO SOCIETIES 12.1

The VP Societies and Activities will be responsible for advising Council sub-committees on UFC approved policy guidelines for the allocation of funds to Societies.

12.2

The sub-committees will be empowered to approve, reject or amend the budgets previously submitted. The Council sub-committees will be convened for the purpose of allocating society funds at the earliest possible date following settlement of the budgets for each sub-committee by Council, or Executive.

12.3

The VP Societies and Activities will also normally be required to make recommendations on the purchase or replacement of Society‘s capital equipment within this period.

12.4

Societies’ budgets approved by sub-committees will be subject to ratification by the Council but this ratification will not normally be withheld unless Council approved policy and guidelines have been amended, negated or contravened by the sub-committee.

12.5

Any disputes arising on the allocation of funds may be referred to a Council meeting whose decision on the matter will be final and binding.

13 CONTROL OF SOCIETY FUNDS 13.1

Societies may not spend Union funds or cause the commitment of the Union to any expenditure, which will exceed the budget allocated to the Society. 71


13.2

Union funds may not be spent or committed to purposes other than those previously approved within the Society's budget sub-headings.

13.3

No Union Officers or members of the Union Staff will be empowered to release or commit additional Union funds, approve the use of headings or reallocate funds between approved budget headings without the prior approval of the Union Finance Committee and the Union’s Senior Treasurer.

13.4

Only VP Societies and Activities will be empowered to make bookings, or commit Societies to expenditure or chargeable costs. (This power can be delegated to other Committee members on the written authority of the VP Societies and Activities).

13.5

Similarly when receiving cash advances from the Union, these will only be released after authorisation within an approved cash book signed by the VP Societies & Activities.

13.6

All expenditures incurred should use the process of invoicing and cheque payments. Cash payments should only be made in exceptional circumstances and will require proper receipts.

13.7

All cash expenditures incurred by Societies must be receipted and invoiced. Payments will only be approved if goods or services have been ordered in a numbered, standard order form by the VP Societies and Activities.

13.8

All income received from Society social events, fund-raising activities or by any other means shall be paid over to the Union Finance Department, and credited to their account, after costs incurred by such events have been accounted for.

13.9

The Union’s Finance Manager shall be responsible for checking such income and for signing an official Union receipt.

13.10

The Treasurer of the Society should retain a copy of the receipt.

14 SURPLUSES 14.1

Surpluses created from Union funds by Societies who realise a surplus on events or activities that were initially funded by the Union, shall, subject to their overall expenditure being accounted for by surplus and overall expenditure maintained within approved budget headings, be credited to the society, who shall be empowered to determine how such funds may be spent.

15 UTILISATION OF MEMBERSHIP FEES 15.1

Membership fees, levies or charges paid over to the Union and credited to the Society‘s account shall be held by the Union.

15.2

These shall form the basis of income and the decision on how such fees may be spent is that of the Society membership.

15.3

The VP Societies and Activities should be advised before such funds are released.

16 UNDERSPENDING 16.1

At the end of each academic year any allocated funds that have not been committed or expended by a Society shall be reallocated for the general benefit of the Union. 72


16.2

Purposes of reallocation to be decided upon by the UFC or in it's absence, the Executive Committee.

17 ULTRA VIRES PAYMENTS 17.1

No Society may set side any part of its finance or funds produced by any particular source of income (other than voluntary income) for the benefit of any individual or any other organisation, whether charitable or not.

17.2

Any such act shall constitute an unlawful ultra vires payment and immediate suspension of the society activities by the Union Finance Committee or in its absence the Executive Committee.

18 SOCIETY ACTIVITIES 18.1

Societies are required to hold an Annual General Meeting during the third term of the preceding academic year. At this meeting new Society officers are elected and should begin considering their grant application for the coming year.

18.2

At the beginning of the academic year, recognised existing Societies, who have held an AGM and elected their officers, are permitted to collect membership at the Freshers Fair.

18.3

Societies forming or those without an elected executive are not allowed to collect membership without the prior consent of the VP Societies and Activities.

18.4

Any society failing to attend such events without reasonable cause shall be referred to Council for appropriate action.

18.5

All recognised Societies will be required to publicise all of their regular meetings/activities on appropriate display areas.

19

SOCIETIES’ EVENTS

19.1

Societies booking and using Union facilities or equipment for social events will be required to seek advice of the VP Societies and Activities in conjunction with the Commercial Services Manager prior to commitment to the event.

19.2

Guidance will be required to ensure musicians and other artists are booked on a standard form of contract.

19.3

Equipment must be used in accordance with procedures established by Executive Committee in conjunction with the General Manager, and approved by the Council.

19.4

All Society bookings and orders for the use of Union facilities (or the booking of University facilities) should be made in accordance with the current procedures and regulations governing the proper booking and ordering of such facilities.

19.5

Society officers booking or ordering Union facilities will be deemed to responsible for use of such facilities and proper conduct of the Society’s activities and members for the duration of their use.

19.6

The VP Societies and Activities will advise Society officers of current procedures and any amendments. The Union shall not be held liable for any costs, damages or loss of revenue from the results of an activity being cancelled or facility withdrawn on the grounds of elected officers of Societies failing to observe current procedures for booking, ordering or use of Union facilities. 73


19.7

The Executive Committee or Council may cancel or withdraw any facility if it is deemed procedures have been negated.

20 USE OF SOCIAL CLUB FACILITIES (TURNEY ROAD) 20.1

Societies booking the social club bars for use by their members and guests will be required to observe the provisions of Licensing Law all acts relating to and such conditions as may be attached to the Membership Club Premises Licence in the form of the Social Club Rules approved by both the membership and the appropriate Licensing Authority.

20.2

The Executive Committee, acting in its capacity as the Social Club Management, will be required to ensure the due observance of the Social Club’s Rules and such other regulations as may be introduced from time to time, and in so doing, shall be empowered to take such action as it considers appropriate against any Society that uses the Social Club in a manner which is detrimental to either the membership as a whole, or to the proper conduct of a Registered Members Club.

20.3

Decisions taken by the Executive Committee on Social Club matters may only be reversed by a majority vote at a General Meeting of the Social Club membership that has been convened and conducted in accordance with the Regulations.

20.4

Societies seeking recognition by the Union shall, subject to their observance of these Regulations, normally be granted access to such Union facilities as may be necessary for the proper publicising and functioning of their inaugural meeting.

21

POWERS OF THE COUNCIL

21.1

The Council, with the UFC, in a manner consistent with its responsibility for supervising the activities, the financial maintenance and general management of the Union, shall have the power to suspend or terminate the activities of any Society and to take any other appropriate action against a society that fails to observe the requirements on the Union Constitution, Rules and Regulations or fails to conduct its affairs in a proper manner. The Council’s decision on the matter shall be final and binding.

22

POWERS OF THE EXECUTIVE COMMITTEE

22.1

The Executive Committee in a manner consistent with its responsibility for co-ordinating the activities, the day to day financial maintenance and general management of the Union, shall have the power to consider matters relating to the day to day operation of societies and such other matters affecting Societies as may be referred to it by members of officers of the Union. The Executive Committee shall also be empowered to act or make decisions, particularly as they affect Societies, shall be subject to ratification by the earliest possible meeting of the Council.

23

AMENDMENTS TO THE REGULATIONS GOVERNING SOCIETIES

23.1

These Regulations may only be amended in accordance with the procedures outlined in Regulations. The VP Societies and Activities will be required to advise the Union's Auditors and the Chairpersons of Societies of any amendments to these Regulations and the Implementation of any procedures or instruction affecting Societies.

74


London South Bank University Students’ Union Approved by The Board July 24th 2003

75


B

ATHLETIC UNION (AU) REGULATIONS

1

There shall be an Athletic Union, which shall be part of the Union, and shall be the sole collectively representative body for sport within the Union.

2

The Athletic Union shall be governed by the Union’s Constitution and Regulations..

3

There shall be a President of the Athletic Union, who shall be a Sabbatical Officer of the Union.

4

The Position of Athletic Union President shall be elected annually, by cross campus secret postal ballot.

5

The Position of Athletic Union President shall not be held by any one person for a period of more than two years, whether singularly, or consecutively; in accordance with the 1994 Education Act.

6

The President of the Athletic Union shall be an ex-officio member of all AU clubs with speaking rights only at their Executive Committee meetings.

7

All Sports Clubs supported by the Union shall be Member Clubs of the Athletic Union. Any Sports Club wishing to be funded by the AU shall submit details of its membership, elected Chair, Secretary and Treasurer and a copy of its constitution to the Sports Executive Committee for approval and subsequently to the Union’s Council for ratification. This Constitution shall stipulate the purpose and aims of the Club, and the minimum number of members that the Club requires to be considered an active Club, and therefore eligible to be recognised as a Member Club and apply for a budget allocation from the AU. Provided that the Sports Executive Committee is satisfied that the Club satisfies these conditions, they shall normally confer membership status upon that Club pending ratification by the Union’s Council. Reasons for refusing to confer membership shall normally be limited to either that the purposes or aims of the Club seek to duplicate those of an already existing Club, or that they contravene the policy or Regulations of the Union.

8

There shall be a Sports Executive Committee, which shall be responsible for making policy, and for the day to day running of the Athletic Union. The Sports Executive Committee minutes will be reviewed by the Union’s Executive Committee.

9

The Sports Executive Committee shall be made up of five representatives elected from the pool of Club Officials that represent each AU club.

10 The AU Development Co-odinator shall act as Secretary, who shall be responsible for recording minutes at all AU meetings and circulating them to members within 10 days of meetings. The Secretary shall also assist the AU President in preparing Agendas and circulating them to members at least 5 days prior to meetings. 11 The quorum for a meeting of the Sports Executive Committee shall be 50% plus one of its membership at the time of the meeting. 12 Any member of the AU may submit resolutions to the AU Committee. Resolutions shall require a seconder and shall be voted on, requiring a simple majority to be passed as AU policy. In the event of a challenge/dispute, the matter shall be referred to the Council for a decision, whose decision shall be final 13 AU policy shall not seek to contradict or oppose policy of the Union. 14 The Sports Executive Committee shall hold an Annual General Meeting before the end of the Autumn Term.. At that meeting they shall elect two representatives to sit upon the Student Council for the next academic year. 76


15 The Athletic Union President shall be responsible for administering the finances of the Athletic Union and shall be responsible for approving all requests for expenditure made by member clubs. 16 The Athletic Union’s member clubs shall submit budget proposals, in accordance with procedures set out in the Club Officials Handbook, for the cost of their proposed activities for the next academic year. This proposal shall be submitted by the end of the Summer Term. 17 The clubs' budgets shall be submitted to the president of the Athletic Union, who shall be responsible for approving them according to policy agreed by the Sports Executive Committee. 18 The President of the Athletic Union shall be responsible for formulating a budget proposal for the Athletic Union, based upon the approved budgets of member clubs, sufficient to cover the cost of the Athletic Union’s proposed activities for the next academic year. 19 The Athletic Union’s budget shall be submitted to the President before the end of the Summer Term. The proposed budget shall be subject to the approval of the President and then incorporated into the Union’s budget proposal to the University. 20 Any disputes concerning the approval of any Club’s budget shall be referred to the Sports Executive Committee. In the event of challenge or dispute the matter shall be referred to the Union Executive, whose decision shall be final. 21 Any disputes concerning the approval of the Athletic Union’s budget shall be referred to the Union Executive, whose decision shall be final. 22 The Athletic Union shall charge an annual membership fee to all AU members, the amount to be decided by the Sports Executive Committee before the end of the Summer Term. This fee shall entitle an AU member to join any AU Club or Clubs without payment of any further fees. However, particular Clubs may, by prior agreement with the AU President, make reasonable charges for session/match fees and particular items of kit not normally provided by the AU. All clubs will discuss their charges to members with the AU on an annual basis at the time of submitting their budgets. 23 The annual membership fee shall be an administration charge and shall be part of the Athletic Union’s budget. 24 All kit and equipment of the AU Clubs and the AU itself shall at all times remain the property of the Union. 25 The Athletic Union and its Member Clubs shall be bound by the Union’s Financial Regulations and Standing Instructions. 26 The AU and its Member Clubs shall not hold or operate any banking or other accounts. All monies received by the AU or its Member Clubs shall be deposited with the Union’s Finance Department and proper receipts obtained. 27 The AU has no power to enter into any lease or contract, either on its own behalf, or on behalf of the Union. Any request for contracted services must be routed through the Union and approved by the appropriate authority. 28 The AU may make such rules, as it deems necessary from time to time for the regulation of its Member Clubs, their activities and finances. These shall be put before the Sports Executive Committee and voted upon by an absolute majority. Rules that are approved shall be published annually in the Club Officials’ Handbook and shall remain in force until 77


the AU Committee shall vote otherwise. In the event of dispute the matter shall be referred to Council whose decision shall be final. 29 The AU has no power to amend or revise the AU Regulations. Any proposed amendments shall be voted on by the Sports Executive Committee and if passed by an absolute majority, shall be put before the Council who will follow the procedure for the amendment of the Regulations set out in the Union Constitution. 30 The AU shall work closely with the University’s Academy of Sport, Physical Activity and Wellbeing and shall endeavour to share resources, including administrative support and accommodation, to secure the most cost effective and efficient service for students and AU Club Members. 31 The AU shall liaise with the University’s Academy Director to secure best value for money when purchasing sports equipment or services and utilise NUSSL recommended suppliers in accordance with the Union’s National Purchasing Agreements.. 32 The AU and the University shall work together in all areas related to the Health and Safety of students and AU Club Members. London South Bank University Students’ Union Approved by The Board July 24th 2003

C 1

ATHLETIC UNION CLUB REGULATIONS CLUB RECOGNITION

78


1.1

To achieve recognition by the Athletic Union and the Union, a club must be able to provide, or propose a Constitution to the Sports Executive Committee and for ratification by the Union’s Council.

1.2

Clubs wishing for recognition must submit necessary notice of supporting documents to the Athletic Union President at least five working days before the Committee meeting. Supporting documents being: i) Constitution and aims and objectives of the club ii) Names and addresses of the nominated officers to serve as the Club Committee members minimum of a Club President, Treasurer and Secretary iii) Declaration of intended active membership signed by the minimum number of eligible, ordinary (i.e. non-executive) members, required to field a team. iv) If wishing to claim a grant, a budget application. v) Athletic Union membership details.

1.3

Members of the committee shall have the right to question the representatives of the club seeking recognition.

1.4

The committee shall not normally deny recognition unless aims, objectives and proposed activities of the club are currently and actively undertaken by an existing recognised club, or the Union itself, or where the aims and objectives could be considered to contradict Union Policy.

1.5

If recognition has been refused by the Sports Executive Committee, the club has the right of appeal to the Union’s Council.

2

REGISTRATION

2.1

All AU clubs will be required to file all of the above documents in section 1.2 with the Athletic Union Office on an annual basis in order that they can be officially accepted as active and operational from year to year. They will in addition be required to keep an up to date inventory of the clubs equipment.

3

CLUB CONSTITUTION

3.1

The Athletic Union Office will be required to keep records of current club constitutions. All members of the Union have the right to inspect club constitutions.

3.2

All amendments to Club constitutions must be submitted to the AU Committee for ratification, any such amendments to be carried by a simple majority of those present and voting.

3.3

The Union’s Constitution, Rules and Regulations, and subsequently those of the Athletic Union will take precedence over those of the individual clubs.

3.4

No amendments to a Club’s constitution shall contradict or negate the requirements of the Union Constitution.

79


4

CLUB MEMBERSHIP

4.1

All members of the Athletic Union shall be entitled to join any club recognised by the Union, likewise all prospective club members must first become a member of the Athletic Union.

4.2

They shall also be entitled to take part in the activities of any club provided that the constitutions of the club are observed.

5

REGISTRATION

5.1

A.U. Membership cards will be issued on the receipt of the required membership fee, student ID number, and two passport sized photographs.

5.2

The cards will be numbered, and it is the responsibility of the Club secretary to ensure that all members have an AU number, and to maintain a current register of members to be supplied to the AU office.

5.3

The AU President or AU Development Co-ordinator shall have the right to inspect or audit the membership records of a member club at any time.

5.4

Where the register is found to be below the minimum requirement of active membership, or where it can be demonstrated that the register does not demonstrate a true record, the matter shall be referred to the Sports Executive Committee. In the event of challenge or dispute, the matter shall be referred to the Union’s Executive Committee whose decision shall be final.

6

CLUB’S MEMBERSHIP FEES

6.1

All clubs shall have the right to charge members. This may be either in the form of an additional membership fee, or through weekly ‘match/mat fees’. The rate of all membership monies and match fees is to be approved by the AU President, in conjunction with the AU Development Co-ordinator and the Union’s President.

6.2

No club shall be empowered to set a higher membership fee or make any other levies or charges without prior knowledge and consent of the AU President.

6.3

Membership fees are a source of income for the club, and so must be credited to the club account held at the Union.

6.4

In the event of a club not passing on the total fees collected, failing to collect the required amount of membership fees or handing in fees after the cut off date for a budget application, the funds allocated to that club, shall be immediately withheld and the matter dealt with by the Sports Executive Committee.

7

CLUB OFFICERS

7.1

Every recognised club will be required to elect a panel of officers responsible for the running of the club. This shall consist of a minimum of a club president, secretary and treasurer.

7.2

A member of the Sports Executive Committee shall be present at the AGM of each member club. They shall be responsible for ensuring that officers are elected, and that elections are democratic and fair.

7.3

The AU President shall remain an ex-officio member of each member club with full speaking rights only and not voting.. No Officer of a club may hold more than one portfolio at any one time. 80


7.4

Only fully enrolled Full members of both the Union and the Athletic Union shall be eligible to be an officer of the club.

7.5

Only fully enrolled student paid members of the AU may vote in elections for club officers.

7.6

The quorum for the meetings of member clubs shall be 50% plus one of membership. This quorum may be negotiated with the AU President according to exceptional circumstance.

7.7

The club committees shall have collective responsibility and accountability for the conduct of club members.

7.8

Club officers are also required to fulfil the following duties: i)

Ensure proper conduct of club individuals and members in accordance with the Constitution, rules and Regulations of the club, Athletic Union and Union.

ii)

The Club’s President will be responsible for the proper conduct of the club’s affairs in accordance with the constitutions of both the Athletic Union and Union, and for ensuring the required representation of the club’s interests to the appropriate committees or bodies of the Union.

iii)

The Club Secretary shall be responsible for the maintenance of the membership records. The Secretary will also be required to notify the AU office of any changes in the membership of the club or its committee, and change of address by any of the club’s elected officers.

iv)

The Treasurer will be responsible for the proper control and conduct of the clubs financial affairs in accordance with the AU and Union constitution. The Treasurer shall be responsible for the collection of appropriate fees. The Treasurer will also be responsible for the preparation and submission of the club’s budget proposal within the required period. Records kept of the club’s finances must be kept and updated within a ledger provided by the AU President in conjunction with the Union’s President.

8

REPRESENTATION OF CLUBS

8.1

Representation is required by member clubs at all AU Committee meetings and the Union’s Council, as defined under the Constitution and Regulations.

8.2

The representatives should normally be the elected officers of which at least two should be in attendance. The attendance of the Treasurer is compulsory at any budget meeting.

8.3

If attendance by elected officers is unattainable, then a nominated representative from within the membership will be deemed appropriate.

8.4

Non-attendance at the AU Committee meetings will mean that the non-represented club will be forfeiting their democratic right in the decision making process of the AU. The AU shall have the right to impose financial penalties to the budget allocation of persistent non-attendees.

9

FINANCES

9.1

No club shall hold a bank, building society, or any other account outside of the Union.

9.2

All monies shall be paid to the cashier at the Union.

9.3

Upon request, any club shall present their accounts to the AU President, the Sports Executive Committee, or the Union Finance Committee. 81


9.4

Only recognised clubs shall be granted financial assistance from the AU.

9.5

Granting of financial assistance will be subject to the club meeting the requirements of the AU and Union constitutions. Financial instructions, guidelines, and procedures can be obtained from the Athletic Union.

10

CLUB BUDGETS

10.1

Clubs will be required to submit a projection of their future budgetary requirements to the AU President.

10.2

The budgets submitted will take the form of the club’s projected requirements for the following academic year, and should take into account the need for replacement, or purchase of capital equipment.

10.3

Orders for kit and equipment may only be made on official Union signed order forms; levels of authority and signatories must be in accordance with the finance committee regulations.

10.4

Unless the Sports Executive Committee or Executive decides otherwise, clubs that fail to submit a budget within the required period will have the opportunity to apply at a later date, subject to the availability of appropriate funds.

11

CLUB FUNDING

11.1

Club funds will be included in the AU budget under headings that allocate funds, including running costs and NGB affiliation fees.

11.2

There shall also be a central AU fund whose designation shall be decided upon by the AU Committee or Executive.

12

FUNDING ALLOCATION

12.1

Member clubs are required to submit a budget request for all expenditure; each expense must be able to be justified to the Sports Executive Committee. The AU President shall have the right to approve or disapprove any financial expenditure by the AU.

12.2Any disputes arising from the allocation of funds may be referred to the Sports Executive Committee for further consultation. 13

FUNDS CONTROL

13.1

Clubs will not be permitted to spend AU or Union funds, or cause the commitment of either body to any expenditure, which will exceed the budget allocated to the club.

13.2

AU funds may not be spent or committed to purposes other than those previously approved within the club’s budget sub-headings.

13.3

The AU President via the Sports Executive Committee has the autonomy to control the AU’s finances; this includes the use of headings and the re-allocation of funds between approved budget headings. However the AU President must seek approval from the Union’s Executive Committee for the reallocatuion of funds..

13.4

Only the AU President and AU Development Co-ordinator are empowered to make bookings, or commit clubs expenditure or chargeable costs. (This may be delegated to other officers on the written authority of the AU President.)

82


13.5

When receiving cash advances from the Union, these will only be released after authorisation within an approved cash book signed by the AU President.

13.6

All payments for goods, and/or services should involve the processing of invoicing and cheque payments. Cash payments should only be made in exceptional circumstances and will require proper receipts.

13.7

All cash expenditures by the member clubs must be receipted and invoiced. Payments will only be accepted for goods or services that have been ordered in a numbered standardised order form by the AU President.

13.8

All income received from Club social events, fund-raising activities and match fees or by any other means shall be paid over to the AU Office. The AU Office will then pay monies into the SU Finance Department, instructing that funds are credited to the relevant club account, after costs incurred by such events have been accounted for.

13.9

The AU Office shall be responsible for checking such income and for signing an official Union receipt. Receipts shall be reconciled against monies received and these banked in accordance with the Union’s Financial Regulations.

13.10

The Treasurer of the club should retain a copy of the receipt.

13.11

All such transactions must be recorded by the club Treasurer or Secretary in the club’s finance book, held in the AU offices.

14

SURPLUSES

14.1

If a member club should realise a surplus from an event or activity that was initially funded by the AU, provided that overall expenditure has been accounted for and maintained within approved budget headings, then such a surplus shall be credited to the club account held at the Union.

15

UNDER SPENDING

15.1

At the end of each financial year (beginning 1 st August) any allocated funds that have not been committed or expended by a club shall be reallocated for the general benefit of the Students’ Union.

15.2

Purposes for the reallocation of such funds shall be decided by the UFC or in its absence the Union Executive Meeting.

16

ULTRA VIRES PAYMENTS

16.1

No member club may set aside any part of its finance or funds produced from any source or income for the benefit of any individual or organisation, whether charitable or otherwise.

16.2

Any such act would constitute an unlawful ultra vires payment, and result in immediate suspension of the club activities by the Union’s Finance Committee and the Sports Executive Committee (See Appendix 1 for Attorney General’s Guidance on Expenditure by Student Unions).

17

CLUB ACTIVITIES

17.1

During the second Semester of the academic year, the new club officers are elected for the following year. The election shall be overseen by a member of the Sports Executive Committee not directly involved in that club to ensure that elections are democratic and fair. The contact details of all incoming officers must be submitted to the AU Office before the end of the Summer Term. 83


17.2

At the beginning of the academic year, recognised clubs that have held an approved election process and elected their officers are permitted to attend at the Freshers’ Fair.

17.3

Clubs forming, or those without an elected Executive Committee are not allowed to collect membership without the express permission of the AU President.

17.4

Any club failing to attend such events without reasonable cause shall be referred to the Sports Executive Committee for appropriate action.

17.5

All recognised clubs will be required to submit all publicity material for any events/meetings/activities for approval by the AU President in conjunction with the Vice President Communications.

18

CLUB EVENTS

18.1

Clubs wishing to book and use Union facilities or equipment for social events will be required to consult with the AU President in conjunction with an appropriate member of Union staff prior to commitment to the event.

18.2

Guidance will be required to ensure that any entertainment is booked on a standard form of contract.

18.3

Equipment must be used in accordance with procedures established by the Executive Committee in conjunction with an appropriate meber of Union staff.

18.4

All club bookings and orders for the use of Union or University facilities for social events must be made via the Social Secretary of the Sports Executive Committee in conjunction with the AU President.

18.5

Club officers booking or ordering Union facilities will be deemed to be responsible for use of such facilities and proper conduct of the clubs activities and members for the duration of their use.

18.6

The AU President will advise club officers of current procedures and any amendments. The AU or the Union as its parent body shall not be held liable for any costs, damages or loss of revenue from the results of an activity being cancelled or facility being withdrawn on the grounds of elected officers of clubs failing to observe current procedures for booking, ordering or use of Union facilities.

18.7

The Union’s Executive Committee may cancel or withdraw any facility if it is deemed procedures have been .complied with.

19

USE OF SOCIAL CLUB’S FACILITIES (Turney Road)

19.1

Clubs booking the Social Club Bar for use by their members and guests will be required to observe the provisions of any Licensing Acts and all acts relating to and such conditions as may be attached to the Membership Club’s Club Premises Licence in the form of Social Club Rules approved by both the membership and the appropriate Licensing Authority.

19.2

The Union’s Executive Committee, acting in its capacity as the Social Club Management, will be required to ensure the due observance of the Social Club Rules and such other regulations as may be introduced from time to time.

19.3

Decisions taken by the Executive Committee on Social Club matters may only be reversed by a majority vote at a General Meeting of the Social Club membership that has been convened and conducted in accordance with the regulations governing Union General Meetings. 84


20

POWERS OF THE SPORTS EXECUTIVE COMMITTEE

20.1

The Sports Executive Committee, with the Finance Committee, shall have the power to suspend or terminate the activities of any club and to take any other appropriate action against a club that fails to observe the requirements of the AU or the Union Constitution, rules and regulations, or fails to conduct its affairs in a proper manner. Clubs may request the referral of such decisions to the Union’s Council, whose decision shall be final and binding.

21

POWERS OF THE EXECUTIVE COMMITTEE

21.1

The Union’s Executive Committee in a manner consistent with its responsibility for coordinating the activities, the day to day financial maintenance and general management of the Union, shall have the power to consider matters relating to the day to day operation of all union activities, inclusive of the AU

21.2

The Sports Executive Committee has the same responsibilities as the Union Exec. But only in relation to AU clubs. Any decisions of the AU Executive may be subject to ratification by the Union Executive.

22

AMENDMENTS TO THE REGULATIONS GOVERNING MEMBER CLUBS

22.1

These regulations may only be amended with the approval of the AU Executive, or in its absence the Executive Committee of the Union.

London South Bank University Students’ Union (Athletic Union) Approved by The Board July 24th 2003

85


Appendix 1 ATTORNEY GENERAL'S GUIDANCE ON EXPENDITURE BY STUDENTS’ UNIONS The Attorney General, as protector of charities, frequently receives complaints about the use of student union funds for purposes which go beyond those permitted for such funds, and he is greatly concerned about those cases in which the complaints turn out to be well founded because the funds have been used for a purpose incompatible with the charitable objects of the student union in question. It has been held in the Courts that a student union has charitable objects if it exists to represent and foster the interests of the students at an educational establishment in such a way as to further the educational purposes of the establishment itself. The Attorney General believes that will be the case with the great majority of student unions, including those provided for in the constitutions of their parent establishments (unless those establishments do not themselves have charitable objects). If a student union has charitable objects it follows as a matter of law that, whatever may be stated in its constitution, those objects cannot be changed, even by unanimous vote of its members, so as to include non-charitable objects; and Union funds may be spent only on those charitable objects or for properly incidental purposes. The Attorney General recognises the difficult position in which officers of student unions with charitable objects may find themselves. They may have no experience of charity law, and their members may believe that Union funds can be spent on anything that they think to be of general interest. However, the officers are trustees of the funds, and they have a duty to see that the funds are used only for purposes permitted by charity law. The complaints, which have been made in recent years, contain allegations of considerable expenditure of an improper nature. Such investigation as has been undertaken confirms that there are grounds for concern. Although perhaps the items taken individually appear not to be very great, they represent in total a major abuse of charitable funds. In the circumstances the Attorney General considers it right that he should issue guidelines to assist Union officers in the discharge of their responsibility for Union funds. In the event of wrongful application of funs, such officers would potentially be at personal risk to a claim that they have been party to a breach of trust, and might well find themselves bound to make good any loss to the funds of their Union at their own expense. It is therefore important that they should be aware of their responsibilities. The Attorney General considers that expenditure of a student union's charitable funds is proper if it can be said to be appropriate for the purpose of representing and furthering the interests of the students at the relevant college (and "college" here includes "University") in such a way as to assist in the educational aims of the college - for example, by providing channels for the representation of student views within the college, or by improving the conditions of life of the students and in particular providing facilities for their social and physical well being. It is clear, for example, that if a college is to function properly, there is a need for the normal range of clubs and societies so as to enable each student to further the development of his abilities, mental and physical. Equally, it is likely that the college will gain from the fact that the students hold meetings to debate matters of common concern and publish some form of campus newspaper. Reasonable expenditure on such purposes is, in the view of the Attorney General, plainly permissible for a student union. On the other hand, for the students to offer financial support to a political cause in a foreign country - as opposed to merely debating the merits of that cause - is, in the Attorney General's view, irrelevant to the educational purpose of the college. Such expenditure must accordingly be rejected as improper. Between these extremes there is a wide range of cases for which the Attorney General believes the best touchstone to be the question: does the matter in issue affect the interests of either the students as such or the affairs of the college as such? If the answer is "no", then the case is 86


likely to be one on which the students may hold debates and express views but not charge expenditure to the charitable funds of the Union. A major area of difficulty appears to be that of political issues. While the Attorney General recognises that it is entirely natural that students will wish to express their views on political matters, the law sets strict limits to the expenditure of charitable funds for political purposes. Such expenditure is permissible only if the political purposes are merely incidental to the necessarily non-political objects of the charity. Thus, for a Union to expend its charitable funds in supporting a political campaign or demonstration is extremely unlikely to be justifiable unless the issue directly affects students as students. It may be helpful to mention that in this context politics is not to be limited to party politics, but extends essentially to all aspects of the making and changing of laws. Thus it would be no less improper, in the view of the Attorney General, for charitable funds of a Union to be devoted to a campaign for or against the legalisation of drugs, even though this is not a matter of party political debate, than it would be for such funds to be used either in support of or opposition to a campaign concerning, say, nuclear weapons or some controversial parliamentary debate not concerned with the interests of students as such. Another area of difficulty appears to be that of industrial disputes. The Attorney General accepts that students may often wish to express a view on a current dispute, particularly if it be centred upon the neighbourhood of the college of which they are students. There is, however, in his view no justification for applying charitable funds to be spent on the hire of coaches, say, for the purpose of taking demonstrators to the scene of the dispute as it would be to hire coaches to take students to a demonstration in respect of the political issues referred to in the last paragraph. There is, of course, no objection whatsoever to students joining together to collect their own monies for particular purpose for which Union funds cannot be used. The Attorney General wishes to stress that the objection is not to student participation in activities outside the educational sphere, but to the use of charitable funds for purposes for which they cannot properly be applied according to the law. In issuing these guidelines the Attorney General is anxious solely to assist those who may find themselves called to account for their actions as trustees of charitable monies. Officers should, of course, bear in mind that it will be amongst their most important duties to identify and keep proper accounts of all Union funds (including, for example, not merely subscriptions to the Union, but income from Union investments, and profits from Union activities, such as the running of a bar or dance at the expense of the Union and with the assistance of its employees). They have a further duty to ensure that expenditure not only is within the proper bounds within which the funds of their Union can be used, but also has been approved and recorded as the Constitution of the Union requires. They should also bear in mind that a trustee is at all times entitled to seek advice, if necessary at the expense of the trust fund, on any aspect of his trust which causes him doubt or concern; in particular, under Section 24 of the Charities Act 1960 the Charity Commissioners are empowered on the written application of a charity trustee to give him their opinion or advice on any matter affecting the performance of his duties as such. The Attorney General would add that he hopes that the senior members of the college concerned will always be willing to assist student union officers in considering doubtful items of expenditure. It must be borne in mind that where the parent body is itself a charitable body and thus has a duty to ensure that its funds are properly applied for purposes within, or incidental to, its own charitable educational purposes, it might well be that upon becoming aware of major items of improper expenditure by the Union it ought properly to cease to fund the Union until the position had been rectified.

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LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION COMPLAINTS AND DISCIPLINARY PROCEDURES 1

PREAMBLE

1.1

The following Complaints and Disciplinary procedures have been adopted by the Union in the interests of Students, Union staff and Sabbatical Officers. As far as possible the procedures aim to safeguard the proper and peaceful conduct of the Union’s activities and democratic structures. As far as possible the Complaints Procedure should be used only when the appropriate informal measures have been exhausted and only when the complaint is considered to be of a serious enough nature. The Disciplinary Procedure will be initiated when a Student, Union staff member or Sabbatical Officer’s behaviour is regarded as unacceptable to the extent that it renders an informal resolution inappropriate. The Complaints Procedure must always precede the Disciplinary Procedure.

1.2

The judgments reached will not be pronouncements on guilt or innocence in a legal sense. The process of complaint and disciplinary proceedings will seek to establish: (i) Whether or not a particular incident or incidents took place. (ii) Whether such an incident or incidents constitute(s) unacceptable behaviour. (iii) What measures should be taken against a Student/Union staff member or Sabbatical Officer whose behaviour has been established as unacceptable. (iv) Whether the incident or incidents are of a serious enough nature to require a referral to the University’s Disciplinary Procedure.

1.3

The Complaints Procedure is for the use of Students, Union staff or Sabbatical Officers who have a complaint regarding their treatment by other Students, Union staff or Sabbatical Officers. Students may lodge a complaint against an individual, a group or, in certain instances, an administrative procedure.

1.4

Students, Union staff and Sabbatical Officers are reminded that complaints regarding the democratic structures of the Union or Union policy are not subject to this procedure. Where a student, Union staff member or Sabbatical Officer has a complaint against Union policy and/or Regulations that have been properly adopted by the Council or Executive Committees, the Student, Union staff member or Sabbatical Officer should pursue the concern through the democratic structure. Students, Union staff members and Sabbatical Officers may only complain under these Complaints and Disciplinary procedures if they feel that their treatment by other students, Union staff members or Sabbatical Officers, in the normal course of business has been unsatisfactory, unfair or caused distress.

1.5

Complaints regarding conduct during elections are dealt with under the Election Regulations.

2

NON-MEMBERS

2.1

Those Students who have chosen to opt-out of Union membership will also have recourse to these Complaints and Disciplinary procedures. Non-members may make a complaint of the same nature as those who are Union members, for instance, the types of complaints outlined below. In addition, a non-member may complain under these procedures if they feel that they have been unfairly disadvantaged by reason of having exercised their right to opt-out of Union membership. Non-members (students exercising their right to opt-out of membership) who form the subject of a complaint shall be referred to the University for disciplinary action under the University’s Disciplinary Code.

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3

TYPES OF COMPLAINT

3.1

This Complaints Procedure addresses serious complaints made by: a)

Students, Union staff or Sabbatical Officers against other Union staff or Sabbatical Officers (individuals or groups).

b) Students, Union staff or Sabbatical Officers against other Students (individuals or groups). 3.2

In certain instances complaints may refer to administrative procedures that may be regarded as ineffective, providing that such procedures are not covered by 1.4 above or are Regulations, Standing Instructions or related to properly adopted Union policy. Examples of reasonable complaints against Union staff or Sabbatical Officers would be: (i) (ii) (iii) (iv) (v)

4 4.1

Persistent failure of Union staff/Officers to attend a meeting made by preappointment without good reason. Persistent failure of Union staff/Sabbatical Officers to give timely apologies for pre-arranged meetings that cannot be attended Persistent failure of Union staff/Sabbatical officers to deal with the administration of A.U. Clubs and Societies within a reasonable time. Persistent failure of Union staff/Sabbatical Officers to deal with student inquiries accurately and within a reasonable time. Persistent failure to communicate information deemed to be of importance to students, Union staff, Sabbatical Officers

INAPPROPRIATE BEHAVIOUR An individual (student, Union staff member or Sabbatical Officer) will be deemed to have breached discipline and liable to actions under the Complaint and Disciplinary procedures if it is found that the individual did commit any of the following acts: (i) Assault or threatening behaviour towards Sabbatical officers, Students, members, Union staff or visitors. (ii) Deliberate or reckless damage to Union property. (iii) Misappropriation of Union funds or assets. (iv) Any other criminal offence committed on Union premises. (v) Abusive behaviour, be it physical or verbal and behaviour deemed as unreasonable. (vi) A breach of Union Regulations. (vii) An action likely to cause injury or impair the safety of the Union’s premises and persons within. (viii) Unauthorised use of Union letter headed paper, order forms or Logo. (ix) Any act deemed by the Executive Committee to have brought the Union into disrepute. (x) Assault, aggressive, threatening, indecent, disorderly, offensive or any other unreasonable behaviour or language whether expressed orally or in writing including electronically whilst on Union premises or engaged in Union activity. (xi) Distributing or publishing a poster, notice, sign or any publication which is offensive, intimidating, threatening, indecent or illegal or is calculated to make others fearful, anxious or apprehensive. The above list is not intended to be exhaustive.

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5

WHO TO COMPLAIN TO?

5.1

Complaining about Students Complaints concerning a member's (Students) behaviour or conduct within Union premises or connected with any Union activity shall be put in writing to the President or in his/her absence another Sabbatical Officer, who shall investigate the complaint and if necessary implement disciplinary action in accordance with these regulations.

5.2

Complaining about Union Staff Complaints concerning the behaviour or conduct of Union staff within Union premises or connected with any Union activity shall be put in writing to the General Manager or in his/her absence the Commercial Services Manager, who shall investigate the complaint and if necessary implement disciplinary action in accordance with these Regulations.

5.3

Complaining about Sabbatical Officers Complaints concerning the behaviour or conduct of Sabbatical Officers within Union premises or connected with any Union activity shall be put in writing to the Chair of Council, who shall investigate the complaint and if necessary implement disciplinary action in accordance with these regulations.

6

ON RECEIPT OF A COMPLAINT

6.1

The complainant will receive written notification within 10 working days of the receipt of the formal complaint. Complaints must always be properly investigated. On receipt of a formal complaint the General Manager/Commercial Services Manager/President/Sabbatical Officer/Chair of Council/PVC as appropriate (hereinafter the “Appropriate Complaints Officer�) should be satisfied that the matter has been raised informally with the relevant Student, Union staff member or Sabbatical Officer concerned. If for good reason the matter has not been raised informally the formal complaint should be considered.

7

INVESTIGATING THE COMPLAINT

7.1

On receipt of a complaint the Appropriate Complaints Officer may at this stage instruct those person(s) who is(are) the subject of the complaint to make a formal written statement. In making the statement the persons will be given a copy of the complaint (omitting the personal details of the complainant but not the complainant's name). The Appropriate Complaints Officer may decide to interview the persons concerned. The Complainant may also be interviewed or asked to provide further details of the nature of the complaint.

8

DECISIONS

8.1

Following investigation of the complaint the Appropriate Complaints Officer may make one of the following decisions: (i) Dismiss the Complaint After investigating the complaint the Appropriate Complaints Officer may decide to dismiss the case. In doing so the Appropriate Complaints Officer will inform the complainant of the reasons why the complaint is to be dismissed. The complainant will be informed in writing of this decision within 10 working days of the decision to investigate the complaint.

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(ii) Suggest a Resolution The Appropriate Complaints Officer may suggest an amicable settlement to the persons concerned. If this is not accepted, then the Appropriate Complaints Officer may decide to proceed under 8 (i), (iii) or (iv). If the settlement is accepted the procedure terminates at this stage. (iii) Uphold the Complaint The Appropriate Complaints Officer may find the complaint justified. In this case an apology will be offered to the complainant on behalf of the Union. Where the complaint has been made against a Union staff member, the Appropriate Complaints Officer will issue appropriate advice to the member(s) of the Union staff regarding their conduct, which might avoid similar problems arising in the future. The procedure would then, for the purposes of these Complaints and Disciplinary procedures, terminate at this stage. (Union staff are subject to disciplinary action in accordance with the Staff Grievance and Disciplinary Procedure). In the case of a complaint against a Student or Sabbatical Officer, the Appropriate Complaints Officer will issue appropriate advice to the student member(s) of the Union or Sabbatical Officers regarding their conduct, which might avoid similar problems arising in the future and where it is considered after investigation to be justified, the Disciplinary Procedure (part iv) will be initiated. (iv) Initiate the Disciplinary Procedure If as a consequence of the complaint, serious shortcomings are brought to light, the Appropriate Complaints Officer may initiate the disciplinary procedure. If this decision is made the Complaints Procedure terminates at this stage 9

APPEALLING AGAINST A COMPLAINT DECISION

9.1

If the complainant is not satisfied with the decision of the Appropriate Complaints Officer they may lodge an appeal. The complainant must lodge an appeal in writing within 5 working days of receiving the decision at stage one.

10

WHO TO APPEAL TO

10.1

The Student Union President (or their nominee) will receive appeals from Sabbatical Officers or students. In the case of the Student Union President making the original complaint decision, another Sabbatical Officer may receive the appeal.

10.2

The General Manager or in their absence the Commercial Services Manager will receive appeals from Union staff.

11

HOW TO APPEAL

11.1

In lodging an appeal the complainant must show grounds as to why the complaint should be considered again. The appeal will be considered if upon examination of the complaint the President/Sabbatical Officer/General Manager/Commercial Services Manager (hereinafter the “Appropriate Appeal Officer�) decides that there is a case to be considered then the complaint will be properly investigated. The appeal may be considered if:

11.2

(i)

The complainant can show that the procedure at stage one has not been properly followed.

(ii)

The complainant can show that for good reason, information not available at stage one has become available and that this would have affected the outcome at stage one.

Alternatively, the Appropriate Appeal Officer may decide not to consider the appeal if it is considered that the complainant has not shown grounds for appeal as outlined above. 91


The appeal is dismissed and the procedure terminates at this stage. The decision of the Appropriate Appeal Officer shall be notified to the complainant within 5 working days of receiving the appeal. 11.3

After granting leave for appeal the Appropriate Appeal Officer shall interview the complainant and person(s) about whom the complaint has been made. The complainant and person(s) about whom the complaint has been made shall supply the Appropriate Appeal Officer with all relevant documentation concerning the complaint, including further formal written statements if appropriate. The complainant shall be required to suggest a suitable resolution to the matter.

11.4

Following investigation of the complaint the Appropriate Appeal Officer may take one of the decisions as stated in section 8.1 (i) – (iii). At the appeal stage the decision of the Appropriate Appeal Officer will be final and shall be reported to Executive Committee at their next meeting.

12

DISCIPLINARY PROCEDURE

12.1

The Complaints Procedure always precedes the Disciplinary Procedure. The Complaints Officer or Appropriate Appeal Officer (as the case may be) may initiate the Disciplinary Procedure as described in the complaints section. The Disciplinary Procedure will be initiated when a Student’s or Sabbatical Officer’s behaviour is regarded as unacceptable to the extent that renders an informal resolution inappropriate.

STAGE ONE 13

DISCIPLINE OF AN ORDINARY MEMBER (STUDENT)

13.1

In the event of misconduct by any ordinary member (Student) of the Union being reported to the President or, in their absence, another Sabbatical Officer, the person(s) concerned may be suspended from Union facilities/activities for a period not exceeding 10 teaching days (or any period during recess) until the Disciplinary Committee meets to consider the incident. No other intermediate punishment may be imposed. The Licensee(s) (or their agent) may, at their discretion, invoke the Disciplinary Procedure by suspending a member from licensed facilities for the same period.

13.2

In the case of misconduct, the power to impose summary punishment shall rest with the Disciplinary Committee. The President/other Sabbatical Officer will inform both the complainant and defendant in writing of the date of the Disciplinary Committee meeting, which will be held within ten teaching days of the alleged misconduct or complaint. Both parties will be provided with a copy of the Disciplinary Procedure and invited to submit written statements before the Committee meets to consider the case. Witnesses’ statements shall also be considered if submitted before the Committee meeting. The member is expected to be present at the meeting, unless the Disciplinary Committee has been otherwise notified in advance. The members involved at every stage will be entitled to be accompanied by a friend, providing their friend is neither legally qualified nor practising law.

13.3

Composition of the Disciplinary Committee at stage one The Disciplinary Committee at stage one shall comprise: (i) (ii) (iii)

13.4

The Student Union President, or another Sabbatical Officer in his/her absence, The Student Union General Manager, or in his/her absence a Union staff nominee, and. One other member of the Executive Committee nominated by the President, or other Sabbatical Officer in his/her absence

The decision of the Disciplinary Committee shall be reached by consensus and articulated through the Disciplinary Committee’s Chair who shall be the General 92


Manager, or their nominee. Quorum for the Committee is two members, of which one must be the Chair. 13.5

Summary punishment shall be limited to one or any combination of the following: (i) (ii) (iii) (iv) (v) (vi)

A reprimand. Temporary withdrawal of a privilege. Temporary/permanent suspension from some or all Union facilities and amenities. A charge determined by the Disciplinary Committee, to meet the cost in whole or part of replacing damaged property or equipment. A fine, not exceeding £100, determined by the Disciplinary Committee, to be donated to the University's Charitable Funds. Referral of the matter to the University for disciplinary action.

13.6

The Disciplinary Committee in imposing a punishment shall inform the person of the disciplinary offence for which the Disciplinary Committee has imposed a penalty. The Disciplinary Committee shall inform the person immediately after the hearing or by letter posted within three teaching days of the Disciplinary Committee’s meeting. Where misconduct leads to prosecution by an outside court or body, the Disciplinary Committee shall suspend its proceedings until the outcome of the other investigation is known.

13.7

If in any case the member concerned fails to inform the Union of their name and student number and produce a valid University ID card, the member shall remain suspended from Union premises/activities indefinitely or until a valid ID card is produced.

13.8

Failure to pay a fine or make good any damage to property/equipment within a reasonable time shall result in a temporary suspension from Union facilities and activities.

13.9

After imposing a punishment at Stage One the Disciplinary Committee shall keep all material and papers relating to the particular case on record. The person involved shall have the right to inspect the file. Files may be destroyed at the discretion of the Chair of the Disciplinary Committee after a period of at least three academic years. STAGE TWO

14

APPEALS

14.1

Student members who fail to attend a Disciplinary Committee meeting without prior notice or without good reason automatically lose their right to appeal.

14.2

An appeal may be lodged in writing within three teaching days of receipt of the Disciplinary Committee’s decision. The appeal should be lodged with the President or in their absence another Sabbatical Officer who will be responsible for forwarding it to the Chair of Council.

14.3

Grounds for Appeal The Chair of Council shall consider the case for an appeal. Leave for appeal shall only be granted if there is evidence that: a)

the procedures outlined above have not been followed and this has demonstrably affected the outcome. b) substantive information, for good reason not available at the time of the Disciplinary Committee’s decision, has become available. If condition (a) applies, the Chair of Council shall refer the case back to the Disciplinary Committee for reconsideration. If condition (b) applies, leave for appeal shall be granted. 14.4

Appeals Committee 93


The Appeals Committee shall consist of two persons chosen at random from Council by the Chair of Council and shall be chaired by the Chair of Council. 14.5

The Chair of the Appeals Committee shall be non-voting except in the event of a tied vote or if only one other member of the Appeals Committee attends.

14.6

No member of the Disciplinary Committee may sit on the Appeals Committee. Quorum of the Committee shall be two and must include the Chair. An appeal may not proceed unless there is quorum. If the Committee sits as two members the Chair shall reach the verdict.

14.7

The individual appearing before the Appeals Committee may introduce witnesses or other persons relevant to his/her case. The Disciplinary Committee may present its case by a nominee of that committee, and may call such witnesses as are relevant to the case.

14.8

The Appeals Committee may confirm, reverse or modify any decision of the Disciplinary Committee, and may impose a greater penalty than that imposed by the original hearing.

14.9

No person shall sit as a member of the Disciplinary or Appeals Committee if they are: (i) subject of a charge or complaint, (ii) the complainant, (iii) a witness or potential witness, or (iv) successfully challenged for any good cause.

14.10

In the event of a member of the Disciplinary Committee or Appeals Committee being successfully challenged, a member or members of the Council, chosen at random shall replace them. The Chair of the Disciplinary Committee or Appeals Committee concerned shall decide whether or not to uphold the challenge. If the chair is challenged the other members shall, if the challenge is successful, appoint a new Chair.

15 DISCIPLINE OF UNION OFFICERS 15.1

Union Officers are required to comply with the same code of conduct required of all members and are subject to the Complaints Procedure. Union Officers are required to adhere strictly to the Union Constitution and Regulations at all times. A Union Officer who ceases to be a student or Union Trustee will automatically cease to be a Union Officer.

15.2

Responsibility The Executive Committee shall have overall responsibility for the discipline of nonSabbatical Officers of the Union.

15.3

The Chair of Council shall have overall responsibility for the discipline of the Union’s Sabbatical Officers. As such, the Chair of Council will oversee the disciplinary proceedings. In their absence the President or another Sabbatical Officer, as appropriate, will undertake this role.

15.4

The Disciplinary Process In the case of a complaint being received investigated and upheld the Disciplinary Procedure will be implemented. The Officer is expected to be present at any disciplinary meeting, unless the Disciplinary Committee has been otherwise notified in advance.

15.5

Where there is concern over the working performance of a Union Officer, the Chair of Council/the President shall instigate the Disciplinary Procedure or following receipt of a written request signed by 100 Full Union Members, the Chair of Council will commence such proceedings.

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15.6

Gross Misconduct If the Chair of Council or President deems the nature of the case to constitute Gross Misconduct, there shall be provision for the Chair of Council or President to temporarily suspend the Officer involved until the relevant meeting can be held to hear the case or for the case to be referred to the University for disciplinary action.

15.7

Disciplinary Action - Standard Procedure The Chair of Council or President must follow the procedural steps below in the order given unless a motion of No Confidence with immediate effect has been received. (i)

Verbal Warning - an informal or formal discussion of the problem. This shall be reported to the Executive and any other relevant Committee. The Officer shall be notified of the areas where performance improvement is required and allowed two weeks in which to improve their performance. If performance has not improved to a satisfactory level within two weeks of a verbal warning, a written warning may be issued.

(ii)

Written Warning - a letter written by the President/ Chair of Council and copied to members of the Executive and any other relevant Committee stating the alleged misconduct or issue upon which the warning is based. If performance has not improved to a satisfactory level within two weeks of a written warning, a motion of censure may be issued.

(iii)

Motions of Censure - the Chair of Council or President shall propose a formal motion of censure to the Council. The motion must clearly state, in writing, the Officer’s title and must also outline the substance of the argument or case on which the motion is based. The Officer in question will have the right to submit written evidence to the Council to support their case and will have the opportunity to fully address the motion in person at the Council Meeting. A two-thirds majority a quorate meeting of the Council is needed to carry the motion. If performance has not improved within two weeks, the Officer can be No Confidenced.

(iv)

No Confidence - a motion of No Confidence may be issued either two weeks after a motion of censure or immediately if a motion to “No Confidence With Immediate Effect” (see below) is carried. In the case of a Non-Sabbatical Officer the President shall propose a motion of No Confidence to the Council. In the case of a Sabbatical Officer, the Chair of Council shall propose a motion of No Confidence to the Council.

15.8

Disciplinary Action - Motion to No Confidence With Immediate Effect A minimum of 100 Full members may request, in writing, to move straight to a No Confidence Motion. The Motion must clearly state, in writing, the title of the Officer and must also outline the substance of the argument or case on which the motion is based. The No Confidence Motion is subject to the investigation procedures stipulated in the complaints section of this procedure. As such, the Chair of Council must fully investigate a No Confidence Motion.

15.9

A No Confidence Motion may be immediately initiated where the Chair of Council considers that there is reasonable cause. Examples of reasonable cause include:

• • • •

Persistent failure to fulfil duties and responsibilities as outlined in section 3.2 and in the appropriate Sabbatical Officer’s job description; Persistent failure to attend work without good reason or failing to inform the Union of absence in the first instance; Persistent obstructive or disruptive behaviour towards Union operations, Union staff and remaining Sabbatical Officers; Persistent failure to observe the Union’s Constitution; 95


•

Inappropriate behaviour amounting to gross misconduct (examples of which are outlined in section 4.1).

15.10

On receipt of a Motion of No Confidence With Immediate Effect, the Chair of Council shall notify the Officer in question ten teaching days before the Council meets. In the meantime the Chair of Council must interview the Officer in question and the person(s) submitting the motion. The Officer in question will have the right to submit written evidence to the Council to support their case and will have the opportunity to fully address the motion in person at the Council Meeting. A two-thirds majority of voting members at a quorate meeting of the Council is needed to carry the motion. If the motion is carried, the Officer shall be removed from duty immediately. In the absence of a Council meeting, the Chair of Council will make the decision to accept or reject the no confidence motion once investigations have been completed.

15.11

Decisions Following the investigation, the Chair of Council may make one of the following decisions: (i)

Dismiss the No Confidence Motion After investigating the No Confidence Motion, the Chair of Council may decide to dismiss the case. In so doing, the Chair of Council will inform the complainant in writing, within 10 working days of decision to investigate the complaint, of the reasons why the complaint is to be dismissed.

(ii)

Uphold the Motion to no confidence The Chair of Council may find the motion to No Confidence justified. If the motion is carried either with a two-thirds majority at a properly quorate Council meeting or on the decision of the Chair of Council in the absence of Council, the Officer shall be removed from duty immediately.

16

APPEAL AGAINST A DISCIPLINARY DECISION

16.1

If the complainant/Sabbatical Officer in question is not satisfied with the Chair of Council’s decision, they may lodge an appeal to a PVC. The Sabbatical Officer must lodge an appeal in writing within 5 working days of receiving the decision.

16.2

In lodging an appeal the Sabbatical Officer must show grounds as to why the complaint should be considered again. The appeal will be considered if upon examination of the proceedings the PVC decides that there is a case to be considered then the complaint will be properly investigated. The appeal may be considered if: (i) The complainant/Sabbatical Officer in question can show that the procedure at stage one has not been properly followed. (ii) The complainant/Sabbatical Officer in question can show that for good reason, information not available at stage one has become available and that this would have affected the outcome at stage one.

16.3

Alternatively, the PVC may decide not to consider the appeal if they are not satisfied that the complainant/Sabbatical Officer has shown grounds for appeal as outlined above. The appeal at this stage is dismissed and the procedure terminates at this stage. The decision of the PVC shall be notified to the complainant/Sabbatical Officer within 5 working days of receiving the appeal.

16.4

After granting leave for appeal the PVC shall interview the complainant/Sabbatical Officer about whom the complaint has been made. The complainant and Sabbatical Officer in question shall supply the PVC with all relevant documentation concerning the complaint, including further formal written statements, if appropriate.

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16.5

Following the appeal the PVC may recommend rejecting or upholding the original disciplinary decision. At the appeal stage the PVC’s decision will be final and shall be reported to the Executive Committee at their next meeting.

London South Bank University Students’ Union Approved by The Board July 24th 2003

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LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION TERMS AND CONDITIONS OF EMPLOYMENT - SABBATICAL OFFICERS The Terms and Conditions of Office shown below are those that will be applicable to a full time Sabbatical post. If the position is part time, further amendments may need to be made to the terms to reflect this. Sabbatical Officers Elect will be required to sign a copy of the Terms prior to commencing the term of office as a Sabbatical officer. 1

PARTIES TO THE TERMS AND PLACE OF WORK The parties to the terms shall be London South Bank University Students’ Union (LSBUSU) of the one part and the Trustee/Sabbatical Officer of the other part who shall be (full name): ___________________________________________________________ of (full address)_________________________________________________________. Your normal place of work will be the Students’ Union or the Athletic Union Offices. You will be expected to travel to or work in other University premises from time to time.

2

DURATION OF THE SABBATICAL OFFICER’S TERM OF OFFICE The Sabbatical Officer’s term of office is for a fixed term and shall commence on 1 st August 20xx and automatically terminate on 31st July 20xx. The Union will give written notice of the 31st July termination before this date. The Officer need not give notice of termination unless terminated earlier by the Officer giving due notice (Clause 15). In accordance with the relevant terms contained in the Union’s Constitution – Discipline of Union Officers, concerning Motions of No Confidence, the Officer’s employment could be terminated with immediate effect. The Officer must attend for work during a ten-day hand over period prior to commencement of the term of office. The hand over period will commence on the 18 th July 2007. This period will be paid at the weekly pay rate for the salary stated in clause 4. Before the term of office commences, the elected Officer may be required to attend appropriate training. If the Officer loses pay due to such attendance then the Union will reimburse loss of earnings subject to receipt of proof from the Officer’s employer and sight of pay slips. If you are not in employment, any days spent at such events will be paid at the existing rate of pay for Sabbatical Officers.

3

PLACE OF WORK Your normal place of work will be the Students’ Union, Thomas Doyle Street or Athletic Union (London Road Building) or LSBU’s Havering/Whipps Cross offices dependant on your Sabbatical Role. You will be expected to travel to or work in other University premises from time to time

4

DUTIES OF THE OFFICER The Officer shall be required to perform the duties of his/her post as outlined in the Sabbatical job description within the Constitution/Electoral Regulations and such other duties as may be required by either in the Constitution, Regulations or other properly constituted committees and decision-making bodies of the Union.

5

REMUNERATION 98


The Officer's remuneration shall be calculated using the APT&C pay scale used by the University. Sabbatical salary will be spinal point 9 on this scale plus London Weighting. The total salary per annum is £17,652 (pro-rata if the post is part time or the term of office finishes early). Excepting pay awards, no other change in remuneration for Sabbatical Officers can be put in place for the duration of the term of office. 6

PAYMENT OF TRAVEL EXPENSES The Union shall meet the cost of providing the Officer with a Young Persons Rail Card for the duration of the elected term. The Union shall also meet the cost of the Officer's travel to approved events/conferences/training courses. Normally travel will be undertaken by the cheapest and most convenient form and where 2nd class rail fare is available, with a Young Persons concession; this should be used if it is the cheapest form of travel. Reimbursement for travel by alternative means will be refunded as long as this is the cheapest and most convenient form of transport and appropriate receipts are produced.

7

PAYMENT OF OTHER EXPENSES AND ALLOWANCES The Union shall reimburse the Officer for any authorised out of pocket expenses incurred in the proper conduct of his/her duties. Reimbursement shall be conditional upon the Officer producing VAT receipts. The Union shall also pay the Officer an overnight subsistence allowances (currently £5/night) for attendance overnight at approved conferences or external meetings. All such allowances shall be paid at the rate agreed by the Union's Student Council.

8

EXTERNAL OFFICE OR EMPLOYMENT The Officer shall advise the Union Executive Committee before undertaking any regular paid or unpaid employment during his or her term of office. Such work should not impinge upon or conflict with the Officer’s duties and responsibilities. The Officer shall also advise the Executive Committee where they intend to stand for election for external posts to the Union and where appropriate seek permission and gain the acceptance of Council prior to accepting and assuming the duties of any other office in the Union Movement. The Union shall not be liable for payment of any expenses incurred in the course of duties performed on behalf of any external organisation unless the Officer has gained the prior approval of the Executive Committee.

9

HOURS OF WORK The Officer shall be required to work a minimum of thirty-five hours in each week with duties normally being performed between 10am and 6pm Monday to Friday, with a onehour lunch break. The Officer shall complete a weekly time sheet, which shall be signed off by the General Manager and submitted to Council. Where the General Manager is concerned about timekeeping, such concerns will be raised with the Officer and if appropriate both the Chair of Council and a PVC. The Officer must be aware that the falsification of time sheets is fraud and will be considered to be gross misconduct. Failure to work the minimum number of hours will result in disciplinary action being considered in accordance with the disciplinary procedure Officers will be expected to provide advance notification of their expected time of arrival at work to assist in the provision of information to students and visitors to the Union. The Officer shall normally perform his/her duties within University premises and will be expected to attend Conferences and training courses held elsewhere.

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The Officer shall not be entitled to any additional remuneration or benefits for duties performed during normal working hours as defined herein nor shall he or she be entitled to any additional remuneration or benefits for duties performed beyond normal working hours except time off in lieu. 10

LEAVE OF ABSENCE The Executive Committee or, in its absence, the President or Vice Presidents, may grant leave of absence on health or compassionate grounds. The Executive Committee shall be notified of any leave of absence approved by the President or the Vice Presidents and the leave of absence granted shall be subject to ratification by the Executive Committee. The Officer shall not be paid in respect of any absences taken without approval or any leave of absence not subsequently ratified by the Executive Committee.

11

INCAPACITY AND ENTITLEMENTS TO PAYMENT In the event of incapacity for work due to sickness or injury the Officer shall ensure that a message explaining the circumstances is passed to the Union (Reception/General Manager) as soon as possible. In the case of any incapacity lasting longer than seven days, a medical certificate from a registered medical practitioner shall be sent to the Finance Manager as soon as possible. The Officer shall not normally be entitled to payments for incapacity that total more than six weeks (thirty working days) in the contracted period of office. Such payments shall be made at full pay (including statutory sick pay) (The period of sickness payment will be pro rata if the term of office is less than one year). The Officer shall not be entitled to any further payments for periods of incapacity unless the Union’s Council or, in its absence, the Executive Committee approve such payment.

12

HOLIDAY ENTITLEMENT The Officer shall be entitled to twenty-six and a half days holiday with pay (pro-rata for part-time working) that shall be taken within the term of office (The number of days holiday will be reduced pro-rata where the term of office is less than one year). The Officer shall not be entitled to take more than seven days holiday entitlement (prorata for part-time working) during the first three months of their term of office. The Officer must give prior notice to the Executive Committee of their intention to take leave. All such leave shall be subject to the agreement of the Executive Committee. No more than two Officers will be permitted to take any period of holiday entitlement at the same time. The Officer shall be entitled to the Statutory and Bank Holidays with pay at the normal daily rate. The Officer shall not be entitled to payment for holidays not taken during the term of office unless the Officer has been subject to a successful vote of No Confidence and the term of office terminated in accordance with clause 14 below/the Union’s Constitution. If the contract is terminated in accordance with the disciplinary procedure, the Officer's holiday entitlement shall be calculated on the basis of one day's pay for each two weeks worked and payment shall be made to the Officer for any holiday entitlement outstanding or alternatively a deduction shall be made from any monies owed to the Officer in relation to holiday taken in excess of accrued entitlement (pro-rata for part-time working). 100


13

TRADE UNION MEMBERSHIP The Officer shall be entitled to join a Trade Union of their choice and the Union will not unreasonably prevent the Officer from participating in the affairs of their Trade Union, particularly in respect of membership meetings and meetings with Trade Union officials. Whilst participating in Trade Union affairs the Officer shall however be required to give due regard to the day to day work of the Union and the duties and responsibilities attached to his or her office with the Union.

14

INSURANCE AND ACCIDENTS AT WORK The Officer shall immediately, or as soon as possible thereafter, inform the Union’s General Manager of any injury sustained during the course of his or her duties and ensure that full details of the injury are immediately recorded in the accident book, which shall be available in each workplace. The Union shall maintain insurance cover in accordance with the Employers Liability (Compulsory Insurance) Act 1969 and the Union shall also maintain comprehensive insurance cover in respect of Officers required to drive Union vehicles. The Union shall also maintain limited insurance cover for the Officer's clothing and personal effects whilst they are at work.

15

DISCIPLINARY AND GRIEVANCE PROCEDURES The Officer shall be required to observe the requirements of the Union's Constitution (including Staff Protocol), Rules and Regulations and such other procedures or instructions as may be implemented from time to time by the properly constituted committees or bodies of the Union. The Union shall be empowered, subject to the provision of the Disciplinary and Grievance Procedures and formal motions of censure and No Confidence as outlined in the Union's Constitution, Rules and Regulations, to initiate disciplinary action against the Officer on grounds that are deemed to be valid by the membership. If the Officer has an individual grievance, complaint or problem relating to his or her office or conditions of office he or she shall first raise the matter with the Executive Committee. If the Officer is not then satisfied, they may then pursue the matter at the Union’s Council whose ruling shall be final and binding. If the Officer has an individual grievance, complaint or problem relating to an employee of the Union, the matter should first be raised with the General Manager or the President if the matter relates to the General Manager. If the Officer is not then satisfied the issue may be pursued in accordance with the Union’s Complaints and Disciplinary Procedures and Grievance Procedure agreed with the employee's Trade Union.

16

TERMINATION OF THE SABBATICAL OFFICER’S TERM OF OFFICE The Officer shall give the Executive Committee not less than four weeks written notice of their wish to leave office early. The Executive Committee may in exceptional circumstances waive the requirement for notice before the Officer can leave office early. The Union may terminate the Officer’s elected term of office at any time following a final and binding motion of No Confidence with Immediate Effect conducted in accordance with the Union Constitution, Rules and Regulations and, in this event the Officer shall not be entitled to notice or payment in lieu. 101


The Union may terminate the Officer’s elected term of office at any time following a final and binding motion of No Confidence conducted in accordance with the Union Constitution, Rules and Regulations and, in this event the Officer shall be entitled to the equivalent of four weeks pay in lieu of notice. 17

STAKEHOLDER PENSION Sabbatical Officers will be able to participate in the Union’s Stakeholder Pension Scheme. Full details are available on request from the General Manager. No employers’ contributions are made into the scheme. Officers are contracted in to Statutory Earnings Related Pension Scheme (SERPS) or its equivalent.

18

HEALTH AND SAFETY The University’s Health and Safety Policy Statement has been fully adopted by the Students’ Union. It sets out the duties of the University (and throughout the document read Union for University) in respect of health and safety of its employees and the duties of employees in matters of health and safety. Employees are reminded that they have a statutory duty to observe all health and safety rules and take all reasonable care to promote the health and safety at work of themselves and their fellow employees. Wilful breaches of the Health and Safety Policy will be dealt with through the disciplinary procedure.

19

DATA PROTECTION Being an employee of the Students’ Union, you agree that personal data (other than sensitive personal data) relating to you and to your employment with London South Bank University Students’ Union (LSBUSU) may to the extent that it is reasonably necessary in connection with your employment and the business of LSBUSU: (a) be collected and held (in hard copy and computer readable form) and processed by LSBUSU and (b) be disclosed or transferred to: i) other employees of LSBUSU; ii) any other persons as may be reasonably necessary and iii) as otherwise required or permitted by law. You also agree that LSBUSU may process sensitive personal data relating to you, including medical details and details of gender, race and ethnic origin. Personal data relating to gender, race and ethnic origin will be processed by LSBUSU only for the purposes of monitoring LSBUSU’s Equal Opportunities Policy with a view to enabling equal opportunity to be promoted and maintained. You agree that LSBUSU may disclose, transfer such sensitive personal data to other persons if it is required or permitted by law to do so or, in the case of personal data relating to gender, race or ethnic origin, for the purpose, monitoring, or enabling the monitoring of LSBUSU’s Equal Opportunities Policy. Except in relation to the conduct of activities to which you are giving your consent to the extent set out above, this does not affect any rights which you have in law in relation to the collection, processing or transfer of personal data relating to you.

20

AMENDMENTS TO THE CONTRACT The Sabbatical Officer's Terms of Office form part of the Union's Constitution/Election Regulations. Any amendments to these terms, unless required by law or statute, must be passed by two consecutive meetings of the Student Council in line with amendments to regulations section 16.2 and 16.3 of the Constitution.

By signing this document I confirm that I have read, understand and agree to be bound by the above terms of office and to take office as a Sabbatical Officer for the period 1 st August 20xx – 31st July 20xx. Additionally, I agree to be bound by the Union’s Constitution, Regulations, 102


Legislation, matters affecting Trustees of Charitable organisations/Charities and the Staff/Student Protocol as stated above. SIGNED (Candidate/Officer)

_______________________________________________________

Name (Please print) _____________________________________________ Position nominated for/elected to __________________________________ Date ___________________________________________________________ In the Presence of (signature)______________________________________ Name (Please print) ______________________________________________

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LONDON SOUTH BANK UNIVERSITY STUDENTS’ UNION - TRUSTEE DECLARATION Introduction The Union is a charity with exempt status. There is a substantial body of government legislation and case law concerned with our activities and with the conduct of the Executive Committee, who are the Union’s Trustees. Trustees are responsible for controlling the Union’s Management and Administration and must: • act reasonably and prudently and in the best interests of the Union and its members; • ensure that the Union’s assets are applied only in the furtherance of its stated objects (as described in the Constitution) and for no other purpose; and • not engage in improper political, pressure group or campaigning activities Sabbatical Officers and Council members, elected to be members of the Executive Committee, are Trustees of the Union. However, certain people are disqualified from acting as Trustees. Before becoming a Trustee the above responsibilities need to be understood and the following declaration must be signed. By signing the declaration you are confirming that you are not disqualified from becoming a Trustee and are able to take up the Sabbatical Officer/Executive Officer appointment, which is a Trustee position. People who are disqualified from acting as Trustees A person is disqualified from acting as a Trustee if they fall under any of the following provisions – detailed in Section 72 (1) of the Charities Act 1993: • people under the age of 18, unless the charity is registered company (which is not the case with the Union); • anyone convicted of an offence involving deception or dishonesty unless the conviction is spent (the time limit before a conviction is spent depends upon the sentence received); • anyone who is an undischarged bankrupt; • anyone who has previously been removed from trusteeship of a charity by the court or Charity Commissioners; and • anyone who is under a disqualification order under the Company Directors Disqualification Act 1996; • have failed to make payments under the County Court Administrators’ orders. It is a criminal offence to serve as a Trustee if you are disqualified from doing so. You may not be employed as a student staff member during your term of office. Declaration I have read and understood the above and confirm that none of the above provisions apply to me; as such I confirm that I am eligible to become a Trustee of London South Bank University Students’ Union in the event that I am elected. In addition I agree to inform the Union if my circumstances change and I become disqualified from being a Trustee. Name:

________________________________________________________________

Date of Birth:

________________________________________________________________

Address:

________________________________________________________________

Position Standing for/elected to ____________________________________________________ Signature: _______________________________________ Date: ________________________ Approved by The Board 24th July 2003

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LSBU Students' Union Constitution  

LSBU Students' Union Constitution

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