Constitution NBPA 2010

8/9/2019 Constitution NBPA 2010

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NORTH BRITISH PAIN ASSOCIATION

CONSTITUTION

(adopted on [XX])

CONTENTS

GENERAL name, objects, powers, general structure clauses 1 - 4

MEMBERS qualifications, application, subscription, register,

withdrawal, expulsion

clauses 5 - 13

GENERAL MEETINGS

(meetings of members)

general, notice, procedure clauses 15 - 32

COUNCIL maximum number, eligibility, election / retrial / re-

election, termination of office, register, office bearers,

powers, personal interests

clauses 33 - 51

COUNCIL MEETINGS procedure clauses 52- 60

ADMINISTRATION committees, operation of bank accounts etc., minutes,accounting records and annual accounts, notices

clauses 61 - 71

MISCELLANEOUS dissolution, alterations to the constitution,

interpretation, initial Council members

clauses 72-79

Name

1) The name of the association is NORTH BRITISH PAIN ASSOCIATION.

Objects

2) The associations objects are to f rther academic st d clinical practice and ed cation in order to assist the


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2) The associations objects are to further academic study clinical practice and education in order to assist the

o) To accept grants, donations and legacies of all kinds (and to accept any reasonable conditions attaching

to them).

p) To do anything which may be incidental or conducive to the furtherance of any of the associationsobjects.

General structure

4) The structure of the association shall consist of:-

a) the MEMBERS - who have the right to attend the annual general meeting (and any special general

meeting) and have important powers under the constitution; in particular, the members elect people to

serve on Council and take decisions in relation to changes to the constitution itself

b) COUNCIL - who hold regular meetings during the period between annual general meetings, and

generally control and supervise the activities of the association; in particular, Council is responsible for

monitoring the financial position of the association.

Qualifications for membership

5) Membership categories shall be:

a) Ordinary members: open to anyone residing or regularly practicing in the areas which, in 2010 were

covered by the Northern or Scottish Regions of the National Health Service, who has a present interest

in the management of chronic pain and has a relevant professional qualification.

b) Associate members: open to anyone living outside the above area but otherwise eligible.

c) Honorary members: offered at the discretion of the general membership to persons who have made an

outstanding contribution to the management of patients with chronic pain whether as a member or theAssociation or otherwise after the approval at a general meeting of a recommendation put forward by

council. Such recommendations will be placed on the agenda of the meeting and notified to members

with the customary period of notice.

d) Founding members

e) Retired members

6) An employee of the association shall not be eligible for membership; a person who becomes an employee of

the association after admission to membership shall automatically cease to be a member.

Application for membership

7) Any person who wishes to become a member must be proposed by two members and sign and lodge with


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Expulsion from membership

14) Any person may be expelled from membership either:a) at the discretion of Council if the member has not paid their subscription for the current year and has

been given 21 days notice at their given address;

or

b) by way of a resolution passed by majority vote at a general meeting (meeting of members), providing

the following procedures have been observed:-

i) at least 21 days notice of the intention to propose the resolution must be given to the member

concerned, specifying the grounds for the proposed expulsion

ii) the member concerned shall be entitled to be heard on the resolution at the general meeting at

which the resolution is proposed.

General meetings (meetings of members)

15) Council shall convene an Annual General Meeting (AGM) in each year at a time and place to be decided by

Council; not more than 15 months shall elapse between one AGM and the next.

16) The business of each AGM shall include:-

a) a report by the President on the activities of the association

b) consideration of the annual accounts of the association

c) the election/re-election of members of Council, as referred to in clause 34.

17) Council may convene a Special General Meeting (SGM) at any time.18) Council must convene a SGM if a notice signed by 15 members or 10% of current members, excluding

Associate members, whichever is the lesser, requesting a special general meeting is received by the

Association and on the basis that members must be given 28 clear days notice of the meeting within two

calendar months of receipt of the notice and as long as this is not within one calendar month of an AGM

(before or after); a notice under the preceding provisions must set out the business which is to be considered

at the SGM and only business for which the SGM has been called for can be discussed and enacted at it.

Notice of general meetings

19) At least 42 clear days notice must be given (in accordance with clause 70) of any AGM; the notice must

indicate the general nature of any business to be dealt with at the meeting and in the case of a resolution to


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members or as proxies for members); a secret ballot may be demanded either before the show of hands takes

place, or immediately after the result of the show of hands is declared.

32) If a secret ballot is demanded, it shall be taken at the meeting and shall be conducted in such a manner as thechairperson may direct; the result of the ballot shall be declared at the meeting at which the ballot was

demanded.

Maximum number of Council members

33) The maximum number of members of Council shall be twelve.

Eligibility

34) Any person who is a current member, except for Associate members, shall be eligible for election or

appointment to Council.

Composition of Council35) Council will consist of:

a) elected office bearers: the President, Secretary, Treasurer, Editor of the Newsletter, up to two Scientific

Meeting organisers, one of whom would normally be expected to be a non-medical health professional,

b) and representatives, co-opted by Council from the various professions and regions within the

Association to give a balanced representation of the membership. Primary consideration will be given to

professional representation: medically qualified Consultant in Pain Medicine, Psychology,

Physiotherapy, Nursing, General Practice, Palliative Medicine and a post graduate trainee in Pain

Medicine or Pain Management. Secondary consideration will be give to regional representation: North,

West, South and East, Northern England. The exact composition of representatives shall be decided byCouncil.

36) Nominations for representatives for the regions and professions shall come from those regions and

professions.

Election, retiral, re-election

37) At each AGM, the members may (subject to clause 32) elect any member, except for Associate members, to

be a Council office bearer.

38) At each AGM, all of the members of Council shall retire from office - but shall then be eligible for re-

election (subject to clause 42)


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46) A member of Council who has a personal interest in any transaction or other arrangement which the

association is proposing to enter into, must declare that interest at a meeting of Council; he/she will be

debarred (in terms of clause 58) from voting on the question of whether or not the association should enterinto that arrangement.

47) For the purposes of clause 46, a person shall be deemed to have a personal interest in an arrangement if anypartner or other close relative of his/hers or any firm of which he/she is a partneror any limited company of

which he/she is a substantial shareholder or director, has a personal interest in that arrangement.

48) A member of Council will not be debarred from entering into an arrangement with the association in whichhe/she has a personal interest (or is deemed to have a personal interest under clause 47) and may retain any

personal benefit which he/she gains from his/her participation in that arrangement, provided that

(a) he/she has declared his/her interest

(b) he/she has not voted on the question of whether or not the association should enter into the relevantarrangement and

(c) the requirements of clause 50 are complied with,

49) No member of Council may serve as an employee (full time or part time) of the association, and no member

of Council may be given any remuneration by the association for carrying out his/her duties as a member of

Council.

50) Where a Council member provides services to the association or might benefit from any remuneration paid

to a connected party for such services, then

(a) the maximum amount of the remuneration must be specified in a written agreement and must be

reasonable(b) Council members must be satisfied that it would be in the interests of the association to enter into the

arrangement (taking account of that maximum amount)

(c) less than half of Council members must be receiving remuneration from the association (or benefit from

remuneration of that nature).

51) The members of Council may be paid all travelling and other expenses reasonably incurred by them in

connection with their attendance at meetings of Council, general meetings, or meetings of committees, or

otherwise in connection with the carrying-out of their duties.

Procedure at Council meetings

52) A b f C il ll i f C il h ll i f C il


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(c) in circumstances giving rise to the possibility of a conflict of interest of interest between the association

and any other party

(i) put the interests of the association before that of the other party, in taking decisions as a member ofCouncil

(ii) where any other duty prevents him/her from doing so, disclose the conflicting interest to the

association and refrain from participating in any discussions or decisions involving the other

members of Council with regard to the matter in question

(d) ensure that the association complies with any direction, requirement, notice or duty imposed on it by the

Charities and Trustee Investment (Scotland) Act 2005.

Delegation to sub-committees

61) Council may delegate any of their powers to any sub-committee consisting of one or more Council members

and such other persons (if any) as Council may determine; they may also delegate to the chair of theassociation (or the holder of any other post) such of their powers as they may consider appropriate.

62) Any delegation of powers under clause 61 may be made subject to such conditions as Council may impose

and may be revoked or altered.

63) The rules of procedure for any sub-committee shall be as prescribed by Council.

Operation of accounts and holding of property

64) The signature of the Treasurer shall be sufficient in relation to all operations on the bank and building

society accounts held by the association;

65) The title to all property (including any land or buildings, the tenants interest under any lease and (so far asappropriate) any investments) shall be held either in the names of the chair, treasurer and secretary of the

association (and their successors in office) or in name of a nominee company holding such property in trust

for the association; any person or body in whose name the associations property is held shall act in

accordance with the directions issued from time to time by Council.

66) All monies of the Association shall be devoted to the aims of the Association set out in clause 2 of the

Constitution.

Minutes

67) Council shall ensure that minutes are made of all proceedings at general meetings, Council meetings and

ti f itt ; i t f ti h ll i l d th f th t d ( f


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Council Register

POSITION NAME ADDRESS SPECIALITY STARTDATE ENDDATE

President Dr Pete Mackenzie Pain Services, The New Victoria Hospital, Grange Road, GlasgowG42 9LF Pain medicine 18th May 2007 7th May 2010

Secretary Mr John Mclennan Pain Management, Astley Ainslie Hospital, Edinburgh EH2 9HL Physiotherapy 16th

May 2008

Treasurer Dr Jonathan Bannister Tayside Pain Services, Ninewells Hospital, Dundee DD1 9SY Pain medicine 18th May 2007 7th May 2010

Editor Dr Ivan Marples Pain Clinic, Western General Hospital, Edinburgh EH 4 2XU Pain medicine May 2006 7th May 2010

Meeting organiser Dr Martin Dunbar Pain Management, East CHCP, Building 2, 3rd floor, Templeton Business

Centre, Glasgow G40 1DA

Psychology May 2005 7th May 2010

Meeting organiser Dr Colin Rae Pain Management, Glasgow Royal Infirmary, 84 Castle St. Glasgow G4 0SF Pain medicine 2001 7th May 2010

Co-opted Dr Gordon Cameron Mountcastle HC, 132 Mountcastle Drive South, Edinburgh EH15 3LL General practice Jan 2010

Co-opted Ms Fiona MacPherson Pain Clinic, Western General Hospital, Edinburgh EH 4 2XU Nurse Jan 2010

Co-opted Dr Gordon Linklater Roxburghe House, Ashgrove Road, Aberdeen, AB25 3AE Palliative care 18 May 2007

Co opted North

England

Dr Valerie Elliot Dept Health Psychology, Newcastle General Hospital, Westgate Rd,

Newcastle upon Tyne NE4 6BE

Psychology 9th March 2006

Co-opted North

Scotland

Dr Alastair Chambers Aberdeen Royal Infirmary, Foresterhill, Aberdeen AB25 2ZN Pain medicine Jan 2010

NBPA Constitution v 4 (4/3/10) 9

Constitution NBPA 2010

Documents

Transcript of Constitution NBPA 2010