gsa constitution 2005

8/8/2019 GSA Constitution 2005

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THE

GRADUATE

STUDENTS’

ASSOCIATION

CONSTITUTION

STATUTE OF THE UNIVERSITY OF EAST ANGLIA

‘25 The Graduate Students' Association

(1) There shall be one Graduate Students' Association of the University.

(2) The Constitution of the Graduate Students' Association shall be approved by

the Senate.’

(This power given to the Senate was overridden by the 1994 Education Act and

now resides with the University Council)



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THE CONSTITUTION OF THE GRADUATE STUDENTS’ ASSOCIATION

THE CONSTITUTION OF THE GRADUATE STUDENTS’ ASSOCIATION......................2

NOMENCLATURE............................................................................................................... 3

1. OBJECTIVES OF THE ASSOCIATION....................................................................3

2. MEMBERSHIP............................................................................................................ 4

3. PRIVILEGES OF MEMBERSHIP.............................................................................. 4

4. ADMINISTRATION OF THE ASSOCIATION.........................................................5

5. G.S.A. EXECUTIVE ................................................................................................... 5

6. STANDING COMMITTEES OF THE G.S.A. ...........................................................9

7. GENERAL MEETINGS.............................................................................................. 9

8. REFERENDA ............................................................................................................10

9. EXTERNAL AFFILIATIONS................................................................................... 11

10. CLUBS AND SOCIETIES ........................................................................................ 11

11. COMPLAINTS ..........................................................................................................11

12. PERMANENT TREASURER...................................................................................12

13. INDEMNITIES.......................................................................................................... 13

14. PROCEDURES.......................................................................................................... 13

15. INTERPRETATION.................................................................................................. 14

APPENDIX A: Duties of the Executive Officers ............................................................ 15

APPENDIX B: Election Regulations............................................................................... 19

APPENDIX C: Management Agreement with SUS (EA) Ltd......................................... 22

APPENDIX D: Standing Orders governing the conduct of meetings ............................. 24

APPENDIX E: Standing Orders governing financial procedures....................................29

APPENDIX F: Procedures for establishing a group, society or club .............................. 32

APPENDIX G: Part II of the Education Act 1994........................................................... 34

APPENDIX H: U.E.A. Code of Practice relating to Student Unions.............................. 40

APPENDIX I: Guidance issued by the Dept. of Eduction and Employment, Sept 1995 50



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NOMENCLATURE

I. “Association” means the Graduate Students’ Association of the University of East

Anglia, as defined in Statute 25 of the University

II. “University” means the University of East Anglia

III. “Executive” means the Executive Committee of the Association

IV. “A registered student” shall be as defined in the Regulations of the University of East

Anglia.

V. “Postgraduate ”shall mean students on courses which require a first degree.

VI. “G.S.A. Common Room” means Union House Room 1.39

VII. “The Permanent Treasurer” shall mean a person designated by the Executive and

approved by the Registrar and Secretary on behalf of the Council of the University of

East Anglia.

VIII. “Registrar and Secretary” shall mean the Registrar and Secretary of the University of

East Anglia for the time being.

IX. “Dean of Students” shall mean the Dean of Students of the University of East Anglia

for the time being.

X. “ ‘The Grads Bar’ ” shall be the Bar run as a commercial enterprise of the Associationin Union House room 1.39.

1. OBJECTIVES OF THE ASSOCIATION

The objectives of the Association shall be:

1.1 To represent and promote the interests of its members, as a whole, in all matters,

both within the University and beyond.

1.2 To provide a means of communication between members and the University

Authorities and between the members and any other body.

1.3 To offer support to members during their programme of study.

1.4 To provide social facilities for members, including but not limited to facilities

provided in the G.S.A. Common Room.

1.5 To promote co-operation amongst members for educational, social, and cultural

activities and such other purposes as are beneficial to the community.

1.6 To work with the Union of UEA students in areas of common interest.



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2. MEMBERSHIP

2.1 All registered postgraduate students of the University shall be Ordinary Members

unless they inform the Permanent Treasurer of the Association, in writing, that they

wish to opt out of ordinary membership of the Association. A student may reverse

their decision to opt out not more than once in any academic year.

2.3 The Association shall admit all registered students who have opted out of ordinary

membership of the Association to Associate Membership without the payment of a

fee.

2.4 The Executive may admit to Associate Membership persons who are not students of

the University, on a temporary basis, subject to ratification by a General Meeting of the Association.

2.6 A General Meeting of the Association may grant Honorary Life Membership or

Honorary Associate Membership as it deems fit.

3. PRIVILEGES OF MEMBERSHIP

3.1 The following are rights which membership of the Association confers subject

as hereinafter provided:

3.1.1 To have access to and use of all facilities obtained by the Association for its

members, and to have use of all amenities provided by the Association.

3.1.2 To attend General Meetings and other meetings of the Association, subject to

Standing Orders regulating behaviour and procedure at such meetings.

3.1.3 To vote at General Meetings of the Association, referenda, and in all elections.

3.1.4 To nominate for, stand for and hold office on the Executive of the Association, theBar Standing Committee and on any Committees as may be established according to

sections 4.2 and 5.1.5 of this constitution, subject to the definition of the relevant

constituency.

3.1.5 To establish, hold office in and become members of any or all groups, societies and

clubs of the Association.

3.2 Members’ eligibility to privileges are as follows:

3.2.1 Ordinary members have all the privileges of the Association.

3.2.3 All other members shall have privileges 3.1.1 and 3.1.5.



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3.3 The Executive may suspend all or any rights of a member for what appears, in its

discretion, to be good and sufficient cause, subject to an appeal under the complaints

procedure.

3.4 The rights of members are subject to the General Regulations of the University and

may not be interpreted so as to conflict with the General Regulations. The statutoryduties of officers and committees of the Association and any requirements of the

University’s Code of Practice relating to Student Unions shall take precedence over

the rights of members.

4. ADMINISTRATION OF THE ASSOCIATION

4.1 The general administration of the Association shall be in the hands of the Executive.

4.2 The Executive may, at its discretion, set up such committees as it from time to time

sees fit, to have responsibility for specific aspects of the Association’s work. Such

committees shall be chaired by a member of the Executive. The Executive shall

have the power to disestablish such committees when it deems them no longer

necessary.

4.4 Notices, agendas and minutes of all current Executive meetings will be displayed on

a notice board in the G.S.A. Common Room and on the G.S.A. website.

5. G.S.A. EXECUTIVE

5.1 Duties of the Executive: The G.S.A. Executive shall:

5.1.1 Be responsible for transacting the business of the Association, including execution of

policy decisions and management of financial and general affairs of the Association

and its commercial enterprises.

5.1.2 Ensure that funds provided to the Association by the University and from any other

sources are used in accordance with:a) the Education Act 1994

b) The University’s Code of Practice relating to Students’ Unions

c) This constitution

d) Any advice on Students’ Unions expenditure as may be issued from time to

time by the Department of Education and Employment or other appropriate

agency

e) Any restrictions imposed on the activities of the Union by the law relating to

charities

5.1.3 Appoint, from among its membership wherever possible, representatives to

University Committees and working groups in accordance with resolutions of theUniversity Council and/or the University Senate.



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5.1.4 Set up such Committees as it from time to time sees fit to conduct specific aspects of

the Association’s work. Such Committees shall be chaired by a member of the

Executive. The Executive shall have the power to disband such Committees when

they are deemed no longer necessary.

5.1.5 Ensure that cash belonging to the Association shall be held in the name of theAssociation in such a manner as the Executive shall direct. The Executive shall be

entitled to make and rescind such regulations for the operation of bank accounts in

the name of the Association as it shall deem fit.

5.1.6 Borrow such sums of money on behalf of the Association at any time and on security

of the whole or part of its property on such terms as to payment of interest,

repayment of capital or otherwise, provided that the prior written consent of the

Permanent Treasurer shall be obtained to any borrowing for a period of more than 12

months.

5.1.7 Be responsible for keeping proper accounting records which disclose with reasonable

accuracy at any time the financial position of the Association and of any commercial

enterprises, and ensuring that the procedures laid down in the financial standing

orders (appendix E) are followed

5.1.8 Be responsible for preparing each year a consolidated balance sheet and an account

of its consolidated income and expenditure and a statement of its cash flows. In

addition the accounts shall include a list of all donations to external organisations

and a list of all affiliations/subscriptions paid to external organisations on behalf of

the generality of members during the year.

5.1.9 Be responsible for preparation of an annual budget for the Graduate Students’

Association and for any commercial enterprises (including the ‘Grads Bar’), for

approval by the Annual General Meeting of the Association, and submit them for

scrutiny and approval by the Registrar and Secretary of the University at such times

as the University may from time to time reasonably determine.

5.1.10 Appoint an Auditor, subject to ratification by the Annual General Meeting of the

Association, who shall not be a member of the Association, and who shall audit the

accounts of the Association and any commercial enterprises on an annual basis.

Such accounts shall be presented for approval by the Annual General Meeting of the

Association and a copy of the accounts shall be given to the Planning and ResourcesCommittee of the University.

5.1.11 Nominate to the Registrar and Secretary for approval by the University Council a

member of the Academic Staff or Senior Administrative Staff of the University to act

as Permanent Treasurer of the Association, to hold office for a period of three years,

the right of appointment and dismissal of whom shall rest with the Council of the

University.

5.1.12 Nominate to the Registrar and Secretary for approval by the University Council a

Returning Officer who shall be responsible for the organisation of elections subject

to the direction of the Executive.



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5.1.13 Be responsible for approving the aims of all groups, societies and clubs of the

Association.

5.1.14 Be responsible for determining and making available to members on an annual basis

a statement of the criteria and arrangements for allocation of funds to groups,

societies and clubs (including an appeal mechanism).

5.1.15 Be responsible for approving all publications of the Association.

5.1.16 Review this constitution at such times as it deems fit, and may propose amendments

to it, for submission to the University Council, provided that such amendments have

been approved by a General Meeting of the Association.

5.1.17 Review annually the Management Agreement with Student’s Union Services (East

Anglia) Ltd (Appendix C), by which the Association pays SUS (EA) Ltd for various

services including a full accounting service and employment of staff, and may amend

it subject to agreement with SUS (EA) Ltd.

5.1.18 Review appendices A, B, D, E, and F to this constitution at such times as it deems fit,

and may amend them subject to any proposed alterations receiving the support of

three quarters of the members of the Executive and the approval of the Registrar and

Secretary.

5.2 Membership of the Executive: The G.S.A. Executive shall consist of:

(a) The President(b) The Treasurer

(c) The Secretary

(d) The Communications Officer

(e) The Events Officer

(f) The Committees Representative

(g) (ex officio)The Postgraduate Representative from the Arts and Humanities

Faculty

(h) (ex officio)The Postgraduate Representative from the Social Science Faculty

(i) (ex officio)The Postgraduate Representative from the Faculty of Science

(j) (ex officio)The Postgraduate Representative from the Institute of Health

5.2.1 Members of the Executive may not receive any payment for carrying out their duties

as officers of the Association.

5.3 Meetings of the Executive:

5.3.1 The Executive shall meet at least once in every four week period throughout the

year.

5.3.2 All members of the Executive shall be notified by e-mail at their University address

of the date, time and place of a meeting not less than seven working days before the

meeting, and shall be sent an agenda to their University e-mail address not less than

three working days before a meeting.



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5.3.3 A meeting of the Executive shall be quorate if at least one third of the voting

members are present.

5.3.4 The Executive may invite at its own discretion other persons to attend its meetings.

Such persons shall speak only by invitation of the chair and shall not vote.

5.3.5 The Permanent Treasurer of the Association shall be invited to attend at least one

meeting in every three month period.

5.3.6 Any member of the Association may attend the meetings of the Executive as an

observer, but shall not speak or vote.

5.4 Elections and Terms of Office of the Executive:

5.4.1 Elections of members of the Executive and Standing Committees of the Association

shall be by the ‘first past the post system’, by secret cross campus vote.

5.4.3 Ordinary members of the Association shall be accepted as candidates for all posts.

No member may be accepted as a candidate for any post if as a result of election the

candidate would hold two posts on the Executive at the same time.

5.4.6 Elections for all Executive posts shall take place in February each year, with new

members taking up post on the first day of the Easter Vacation.

5.4.7 In the event that the number of candidates is fewer than the number of vacancies, theReturning Officer shall, within seven days of the close of nominations, call another

election to fill the remaining vacancies. If the vacancies are not filled by the second

election, the Executive shall co-opt members of the Association to fill the vacancies,

those members so co-opted being deemed to have been elected by the Association.

5.4.8 Members will normally hold office for one calendar year.

5.5 Resignation or dismissal of a member of the Executive:

5.5.1 The resignation of any member of the Executive must be given to in writing to thePresident or to the Permanent Treasurer of the Association.

5.5.2 Any member of the Executive who, without good cause, fails to attend three

consecutive meetings shall cease to hold office, unless the Executive, at its sole

discretion, shall decide otherwise.

5.5.3 A member of the Executive shall cease to hold office if they are subject to a motion

of no confidence passed by a two-thirds majority of those voting in a referendum.

5.5.4 In the event of a member of the Executive ceasing to hold office the Executive will

be responsible for holding elections to appoint a replacement, excepting if the

vacancy occurs within 8 weeks of the date of the next election.



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5.5.5 In the event of resignation or dismissal of the President, the Communications Officer

shall take over the duties of the President until such time as a new President can be

elected.

6. STANDING COMMITTEES OF THE G.S.A.

6.1 There shall be a Standing Committee of the G.S.A. called the Bar Standing

Committee

6.2 Membership of the Bar Standing Committee shall be:

• The Treasurer of the G.S.A. (chair)

• The Entertainments officers (2 posts)

• The Publicity Officer (who shall act as secretary for the committee and shall take

minutes)• The Manager of the ‘Grads Bar’ (non-voting, non-elected position)

6.2 Duties of the Bar Standing Committee shall be

• To operate the ‘Grads Bar’ in such a manner as to meet the budget laid down by

the Executive and approved by the Annual General Meeting of the Association.

This includes determining the pricing policy, opening hours and promotions

policy.

• To determine the product range within the constraints imposed by the Operator’s

purchasing consortium rules

• To assist the Bar Manager in selection of bar staff, such staff being current

postgraduate students of the University

• To market the ‘Grads Bar’ within the University

• To organise entertainments, within statutory constraints

6.3 The Bar Standing Committee shall meet at least once in any four week period

6.4 The elected members of the Bar Standing Committee shall be elected according to

the procedure outlined in appendix B. Elections shall normally take place in October

each year, with members taking up their post one week after election. Members of

the G.S.A. Executive may also take positions on the Bar Standing Committee.

7. GENERAL MEETINGS

7.1 The supreme governing body of the Association shall be the General Meeting,

subject to:

(a) Statutory duties placed on officers and committees of the Association, in

particular those arising from the Education Act 1994 (See Appendix G).

(b) The University’s Code of Practice relating to Student Unions published in

accordance with the requirements of section 22 (3) of the Education Act 1994

(See Appendix H).



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(c) Policy decisions taken by the members in a referendum.

7.2 The General Meeting shall determine the policy of the Association on any matter not

determined by a referendum.

7.3 All General Meetings shall be conducted in accordance with the Standing Orders of

the Association governing the conduct of meetings (see Appendix D).

7.4 A General Meeting shall be quorate if at least 40 Ordinary members of the

Association are present.

7.5 Notice of a General Meeting shall be posted on the Association website at least two

weeks prior to the date of the meeting. The agenda of the meeting shall be posted on

the Association website at least 48 hours before the meeting. Ordinary members

may submit motions for inclusion in the agenda up until 72 hours before the

published time of commencement of the meeting.

7.6 Minutes of all General Meetings will be displayed on a notice board in the G.S.A.

Common Room and on the G.S.A. website.

7.7 In the event that a General Meeting is not quorate, the Executive shall have the

power to act on its behalf.

7.8 An Annual General Meeting shall be held in December each year. An Ordinary

General Meeting shall be held at least once during the remainder of the year, not less

than four months and not more than eight months from the date of the AnnualGeneral Meeting. An Extraordinary General Meeting may be held at any time on the

instigation of the Executive, or by petition of at least one twentieth of the ordinary

members of the Association. Such petition must state the motion or motions to be

discussed. Further, in an emergency, the President may, at his/her discretion,

summon an Extraordinary General Meeting.

7.9 The Executive shall present at the Annual General Meeting:

a) the audited accounts for the previous year

b) the budget for the current financial year for approval

c) a resolution to appoint auditors until the next annual meetingd) a list of affiliations to external organisations on behalf of the generality of

students for approval

8. REFERENDA

8.1 A referendum, subject to the constraints laid out in section 7.1 a and b shall overrule

a General Meeting on any matter of policy in which a minimum of one tenth of the

ordinary members of the Association exercise their right to vote.

8.2 A referendum shall be called when:

(a) a General Meeting so determines.



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11.4 If dissatisfied with the action taken by the Dean of Students, either the

complainant(s) or the Association may, within ten working days, appeal in writing to

the Registrar and Secretary requesting that the complaint be determined by an

independent person appointed by the University Council.

11.5 The Registrar and Secretary shall consult the Chairman of the University Councilwho shall, unless the Chairman determines the complaint to be frivolous, appoint an

independent person to determine the complaint and whose decision shall be final.

11.6 The Union shall action any remedy determined by the Dean of Students or the

independent person appointed by the University Council.

11.7 Any member or group of members who claims to be unfairly disadvantaged by

reason of their having exercised the right not to be an ordinary member shall submit

their complaint in writing to the Dean of Students, who shall investigate the matter

and shall notify the complainant(s) in writing of the outcome (including specification

of any remedy if upheld) within ten working days of the receipt of the complaint.

11.8 If dissatisfied with the action taken by the Dean of Students, either complainant(s)

may, within ten working days, appeal in writing to the Registrar and Secretary who

shall consult the Chairman of the University Council who shall, unless the Chairman

determines the complaint to be frivolous, appoint an independent person to

determine the complaint and whose decision shall be final.

12. PERMANENT TREASURER

12.1 The Executive shall designate, subject to acceptance by the Registrar and Secretary

on behalf of the University’s Council, a Permanent Treasurer who is required to

satisfy the University Council that funds provided to the Union by the University and

from other sources are used in accordance with the restrictions contained in clause

5.1.2.

12.2 The Permanent Treasurer, as the representative of the University, shall be

responsible for advising the Association if, at any time, any action or policy under

consideration by the Association appears to the Permanent Treasurer to be

incompatible with paragraph 12.1 above. Should the Association decide

nevertheless to proceed, the Permanent Treasurer is required to inform the Registrar

and Secretary in writing. Additionally the Permanent Treasurer is required to

annually review the Association’s procedures for the allocation of resources to

groups, clubs and societies to ensure such procedures are clear, fair and freely

accessible to all students.

12.3 The Permanent Treasurer shall be entitled to attend meetings of the Executive and

shall be entitled to speak but have no vote and shall not override the decision of the

Executive save as otherwise provided in the constitution.

12.4 The Association is required to obtain the prior written consent of the Permanent

Treasurer to



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(a) any transaction in excess of such sum as the University Council shall from

time to time specify, not being less than £25,000, involving land, buildings or

equipment.

(b) Any expenditure in excess of £25,000 not contained in the budget approved by

the Registrar and Secretary.

(c) The borrowing of any money for a period in excess of 12 months.

13. INDEMNITIES

13.1 Without prejudice to any other right to indemnity by law or otherwise given the

following shall, in the circumstances set out below, be entitled to be indemnified out

of the assets of the Association:

a) The Permanent Treasurer

b) Every Officer of the Association

c) Every member of the Association acting with the express authority of the

Executive

d) Every member of any Committee appointed by the Executive who is officially

engaged upon the business of the Association

The indemnity will cover all liabilities and reasonable expenses incurred by any of

the above listed persons in or about the execution or purported execution of their

respective duties or of any powers, authorities or discretion invested in them

including the case of all such persons acting in an honorary capacity.

The indemnity will cover liability and expenses consequent on any mistake,oversight, error of judgement, forgetfulness, or want of prudence on the part of such

persons and against all actions, proceedings, costs, claims and demands in respect of

any matters or things done or omitted in any way relating to such duties.

The above indemnity is subject to the following qualifications:

a) The Association shall not indemnify the members in respect of injury and/or

damage caused directly or indirectly by or traceable to any riot, disturbance, or

civil commotion, any animal, driver, vehicle (other than a hand propelled vehicle),

mechanically powered tricycle, locomotive, airborne or water craft, elevator,

escalator, power-driven lift, crane, or hoist owned or used by the members.

b) No indemnity will be given for any claim arising from any act or omission which

the person concerned knew was a breach of duty ow which was committed in

reckless disregard of whether or not it was a breach of duty.

14. PROCEDURES

14.1 The University Council shall review this constitution at intervals of not more thanfive years and may at any time make alterations to it to ensure compliance with their

statutory duties under the Education Act 1994.



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14.2 Recommendations to the University Council proposing amendments to this

constitution may only be made by a majority of two-thirds of the members present

and voting at a General Meeting of the Association, excepting that if two successive

General Meetings fail to achieve a quorum, then the Executive shall have the power

to propose constitutional changes on behalf of the General Meeting.

14.3 Subject to the approval of the Registrar and Secretary, the Executive may amend

appendices A, B, D, E and F of the constitution provided that three quarters of the

members of the Executive support such a change.

15. INTERPRETATION

15.1 This Constitution shall be interpreted in accordance with the terms of the Education

Act 1994 and the University’s Code of Practice Relating to Student Unions.

15.2 Any question relating to the interpretation of any clauses of the Constitution which

might give rise to legal dispute shall be referred by the Executive to a committee

consisting of the President, the Permanent Treasurer and the U.U.E.A.S. General

Manager. The U.U.E.A.S General Manager shall chair this committee.



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APPENDIX A

DUTIES OF THE EXECUTIVE OFFICERS

THE PRESIDENT shall:

• Be the chief executive officer of the Association and shall be empowered to conduct the

routine affairs of the Association on behalf of the Executive

• Be the chief spokesperson of the Association both within and without the University

• Have overall responsibility for the administration of Association policy

• Represent the Association on University Council, University Senate, the Graduate

Studies Executive, the Student Experience Committee, and any other University bodies

to which s/he is invited either ex officio or in person

• Maintain links with key personnel within the University and the UUEAS, including but

not limited to: the Dean of Students, the PVC(academic), the PVC(research), the

Director of Graduate Studies and the General Manager of the Union of U.E.A. Students

• Liaise with the Union of U.E.A. Students (in particular the Academic Officer and the

Welfare Officer) and shall work jointly with them on matters of common interest

• Receive communications from the National Postgraduate Committee, and liaise with the

Committee where appropriate

• Be responsible for organisation of Association elections

• Be responsible for calling meetings of the Executive and General Meetings of the

Association

• Chair meetings of the Executive

• Be responsible for e-mail correspondence using the Association’s address

[email protected]

• Be responsible for dealing with complaints

• Be responsible for health and safety

• Have overall responsibility for ensuring compliance with the Association’s Constitution



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THE TREASURER shall:

• Have overall responsibility for administration of Association finances

• Be responsible for overall allocation of the Association’s resources

• Liaise on a regular basis with the Association’s permanent treasurer

• Chair the Bar Standing Committee and have overall responsibility for the financial

operation of ‘Grads Bar’.

• Have responsibility for maintaining current bank accounts for the Association, and act

as principle cheque signatory.

• Receive regular accounts (prepared under the management agreement with SUS(East

Anglia)Ltd), and present these accounts at meetings of the Executive

• Draft annual budgets for the Association and its commercial enterprises (the ‘Grads

Bar’)

• Be the main point of contact on the Executive for the Bar Manager of the ‘Grads Bar’

• Act as the representative of the Executive in its relationship with staff of the ‘Grads

Bar’

• Maintain links with the Bars Manager of U.U.E.A.S. and other members of staff of the

Union of U.E.A. Students as appropriate in relation to the running of the ‘Grads Bar’

THE SECRETARY shall:

• Have overall responsibility for maintaining the Association’s records, both paper and

electronic

• Deal with all paper based correspondence (including applications to the G.S.A.

Conference Fund and applications for financial support from groups, societies and clubs

of the Association)

• Be responsible for taking minutes at Executive and General Meetings (the actual taking

of minutes can be delegated, but it is the responsibility of the Secretary to ensure that all

meetings are minuted), and shall maintain minute books. S/he shall make these minutes

available to any member given reasonable notice.

• Maintain the filing and record keeping systems in the Association Office (Union House

Room 1.39a)



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THE COMMUNICATIONS OFFICER shall:

• Be responsible for publicising the Association to members, and more widely within the

University community

• Be responsible for the Association’s website, ensuring that updates to the webpages areinstituted promptly and efficiently, and that all pages are reviewed at least once during

their term of office

• Be responsible for production of the Association’s bi-monthly electronic newsletter

(containing copy submitted by other members of the Executive)

• Be responsible for production of an annual leaflet for distribution to new postgraduate

students

• Be responsible for ensuring a G.S.A. presence at induction events for new postgraduatestudents

• In the event of the resignation or dismissal of the President, the Communications

Officer shall assume leadership of the Association until such time as a by-election can

be held

THE EVENTS OFFICER shall:

• Organise an annual programme of events for postgraduate students, with the purpose of

enhancing their experience at U.E.A.

• Assist the Communications Officer in their duties, acting as deputy where necessary

THE COMMITTEES REPRESENTATIVE shall:

• Represent the Association on all University committees, working groups and other

bodies as may from time to time be convened and to which a member of the Association

is invited to send a representative, excepting where this position is taken by the

President or other member of the Executive ex officio or by invitation. This shallinclude the Learning and Teaching Committee and the Graduate Studies Executive

• Assist the Secretary in their duties, acting as deputy where necessary

THE FACULTY REPRESENTATIVES (FOUR MEMBERS, FOR THE FACULTIES

OF ARTS AND HUMANITIES, SOCIAL SCIENCES, SCIENCE, AND THE

INSTITUTE OF HEALTH) shall:

• Act as the point of contact between postgraduate representatives in Schools within their

faculty and the Executive



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• Raise issues brought to their attention by School postgraduate representatives within

their faculty with the Executive

• Act as a channel for communication from the Executive to members within Schools

(including communication from the University)

• Publicise the Association within Schools, as co-ordinated by the communications

officer



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APPENDIX B

ELECTION REGULATIONS

(Rules governing the election of members of the Executive and Committees)

THE RETURNING OFFICER

The Returning Officer, appointed by the Registrar and Secretary on behalf of the University

Council, is required to satisfy the University Council that any election covered by these

regulations has been fairly and properly conducted.

If the Returning Officer is not satisfied that the election has been fairly and properly

conducted they are required to inform the Registrar and Secretary of the University.

The Returning Officer shall undertake any duties necessary to ensure the fair and properconduct of the elections.

1. TIMING OF ELECTIONS

The precise timetable for standard elections in each academic year shall be determined by the

current Executive.

Elections for all members of the Executive will normally take place in February each year.

Elections for members of the Bar Standing Committee (excepting the Chair) shall take place

in October each year.

2. ELECTION TIMETABLE

The timetable for each election shall be published on the Association’s website and on the

noticeboard in the G.S.A. Common Room and shall include:

a) The period during which nominations are open, which shall be a minimum of 14 days,

and from where nomination forms and other relevant information can be obtained.

b) The time and date by which nomination information has to be submitted in order to

enter the election, and the place to which it should be returned.

c) The time, date and place for casting votes.

d) The deadline for the submission of complaints, except where the complaint relates to

the conduct of the count.

e) The time, date and place of the count.

3. NOMINATIONS

3.1 All candidates wishing to stand for a post in any Association run election must submit

a standard nomination form (available from the Returning Officer or for download

from the G.S.A. website). Nomination forms must be signed by the candidate, a

proposer and a seconder. Members may only stand as candidate and propose or

second as candidate according to the constituencies defined in clause 3.1.4.

Candidates must provide a contact telephone number and their university e-mailaddress. This information will only be used to contact candidates on matters

concerning the election, and if elected, to provide them with information about

handover procedures. The details of candidates will remain confidential to the



20

Returning Officer. The details of newly elected officers will be made available to the

incumbent President in order that s/he can arrange induction events.

3.2 All candidates have the opportunity to supply a manifesto as part of their nomination,

such manifesto being no more than one side of A4. If supplied, such manifestos will

be made available to the electorate on the G.S.A. website and on the noticeboard in theG.S.A. Common Room.

3.3 Candidates shall return their nominations to the Returning Officer.

3.4 Nominations shall close at 4pm at least 7 days before the day of the election.

3.5 In the event of an invalid nomination being received the Returning Officer shall so

inform the candidate who shall have up to 48 hours after the close of nominations to

re-submit their nomination after which time they shall be excluded from the election.

3.6 Any candidate may withdraw their nomination by informing the Returning Officer, in

writing, not less than 24 hours before the commencement of voting.

4. THE CAMPAIGN

4.1 No campaign material may be distributed in advance of the deadline for the start of

campaigning. No candidate may spend more than £15 on campaign material, and any

such expenditure shall be entirely at the candidates own expense. Candidates must

however keep receipts for any such expenditure, in case of dispute over the extent of

campaign material used. Any candidates who have, in the opinion of the Returning

Officer, obtained election materials or services to a value in excess of £15 will bedisqualified prior to the count.

5. BALLOT PAPERS

5.1 Each ballot paper shall carry the title of the post or posts for which the election is

being held. Candidates shall appear on the ballot paper in alphabetical order of family

name, given name (as used on the Student Register).

5.3 In a referendum, there shall be boxes for "Votes For", "Votes Against" and

"Abstention". The Executive shall rule on the wording on the paper, being careful to

avoid loaded questions.

6. VOTING

6.1 Ordinary members whose place of study is not on the main campus, or who will be

away from the main campus (but still in the UK) on election day, may request a postal

ballot for that election. In order to obtain a postal ballot a member should write to the

Returning Officer providing their name, address, and UEA registration number. Postal

ballots will be despatched four working days before the election day and the ballot

papers should be returned to the Returning Officer by first post on the election day.

The Returning Officer will ensure that the student register is marked to show the

members issued with postal ballots as having voted.



21

6.2 Ordinary members whose place of study is not in the United Kingdom may request

that another ordinary member be issued with a postal vote to exercise on their behalf.

In order to appoint another member to act as their proxy a member should write to the

Returning Officer providing their name, UEA registration number stating their place

of study and the name , UEA registration number and address of the member that they

wish to appoint as their proxy. Ballot papers will be despatched as outlined above.

6.3 Only the Returning Officer, polling clerks and voters in the process of voting shall

remain in the voting room.

6.4 Candidates and their representatives shall not approach within four metres of the

entrance to the voting room or ballot box, except for the purpose of voting.

6.5 The list of voters may only be scrutinised by the Returning Officer and the polling

clerks on duty. This list shall remain confidential.

7. THE COUNT

7.1 The count will be held in a suitable room, as determined by the Returning Officer.

The ballot box will be opened by the Returning Officer. Candidates accompanied by

up to one other person will be allowed into the count but will not be allowed to leave

until a result is declared. No alcoholic drinks or smoking will be allowed in the room.

8. COMPLAINTS AND RESULTS

8.1 Any complaint on the conduct of the election or of any violation of these regulations

must be made in writing to the Returning Officer prior to the count, except where thecomplaint relates to the conduct of the count itself. The count will be suspended until

such time as the Returning Officer has investigated the complaint and made a ruling

on it.

8.2 Any complaint about the conduct of the count should be made to the Returning Officer

during the count.

8.4 All election results shall be reported by the Returning Officer to the incumbent G.S.A.

President. The incumbent President shall be responsible for disseminating the results

through the G.S.A. website and notices on the board in the G.S.A. Common Room.

8.5 The Returning Officer shall keep all papers referring to an election for 1 calendar

month or until any legal dispute arising from the election has been resolved.



22

APPENDIX C

MANAGEMENT AGREEMENT BETWEEN THE GRADUATE

STUDENTS’ ASSOCIATION AND STUDENTS’ UNION SERVICES

(EAST ANGLIA) LIMITED

1. The parties to the agreement shall be the Graduate Students’ Association, as

represented by its Executive (hereinafter known as the Association) and Students’

Union Services (East Anglia) Limited (hereinafter known as the Operator).

2. The purpose of the agreement is to provide for the operation of the bar in the

Association’s premises in Union House (hereinafter called ‘the Grads Bar’) and to

ensure proper financial management for the Association, particularly in respect of

clauses 5.1.7 and 5.1.8 of its constitution.

3. The agreement, including the fee payable by the Association to the Operator, shall be

reviewed annually in January each year

4. The duties of the Association are:

• To assist the Operator to ensure that access to the Grads Bar is restricted to those aged

21 and over.

• To market the Grads Bar within the University, as a bar for those aged 21 and over,

including postgraduate students, mature students and University staff.

• To organise entertainment in the Grads Bar within statutory constraints.

• To determine the product range within the constraints imposed by the Operator’s

purchasing consortium rules.

• To determine the standard pricing of products and the promotions policy of the Grads

Bar subject, as a minimum, to the Bar being able to meet its operating costs.

• To determine the opening hours of the Grads Bar within the hours permitted by the

license.

• To provide a representative to assist in the appointment of a Bar Manager and Bar

Supervisors, as required.• To maintain a current bank account the signatories of which are to be regularly

available to sign cheques for goods and services provided.

• To provide copies of relevant minutes of the Bar Standing Committee to the Operator

containing all decisions to expend resources as authorisation for that expenditure.

• To only issue instructions relating to this agreement to the Operator through the

Association’s Treasurer (as Chair of the Bar Standing Committee), or in the absence

of the Treasurer, the Association’s President.

• To provide such assistance as the operator may reasonably request.



23

5. The duties of the Operator are:

• To ensure full compliance with all statutory requirements for the operation of the

Grads Bar, including those derived from the 2003 Licensing Act, the 1994 Education

Act and contained in the Code of Practice determined by the University under the

1994 Education Act.• To operate the Grads Bar in accordance with the instructions of the Association, as

determined by the Bar Standing Committee, provided that such instructions are in

accord with all statutory requirements.

• To provide a full accounting service for the Association to include the maintenance of

books of accounts, the banking of all cash takings, the preparation of cheques for

signature by the Association, the provision of regular management accounts, draft

annual accounts for the Association’s auditors, VAT and Inland Revenue returns.

• To continue to supply the Grads Bar with products under the current terms of the

supply arrangement.

• To meet the product requirements of the Association.

• To operate the pricing policies adopted by the Association.

• To maintain strict controls for access to the bar and cellars.

• To operate the juke box, games machine, cigarette machine and the Sky TV system on

behalf of the Association.

• To employ both permanent and part-time seasonal staff to operate the Grads Bar on

the same terms and conditions that apply to its existing bar staff.

• To employ such other staff as the Association may from time require for

administrative duties.

• To only employ postgraduate students at the University to fill all part-time seasonal

posts, unless not enough postgraduates apply to fill the vacancies.

• To offer assistance to the organisers of events in the Grads Bar.

• To make alterations to the bar or machines in the Grads Bar, or to the modus operandi

of the Grads Bar or its staff, only with the express agreement in writing of the

Association.

• To only receive instructions relating to this agreement from the Association’s

Treasurer, or in the absence of the Treasurer, the Association’s President.

• To provide such other assistance as the Association may reasonably request.

• To pay the annual profit shown in the Operator’s July management accounts, after

review by the Operator’s auditors, to the Association by 30 September in the same

year.



24

APPENDIX D

STANDING ORDERS GOVERNING THE CONDUCT OF

ASSOCIATION MEETINGS

All General Meetings of the Graduate Students’ Association shall be conducted in accordance

with the following Standing Orders.

1. INTERPRETATION

These Standing Orders are written with the intent of ensuring free and equal debate, and are

to be interpreted in that spirit.

2. CONDUCT

2.1 General Meetings of the Association shall be conducted in a formal and orderlymanner. If any member causes a disturbance at a meeting the Chair shall have the

right to have the offender’s name recorded in the minutes. Should the Chair have a

second occasion to call the same member to order, the meeting shall decide whether

the offender shall be expelled from the remainder of the meeting.

2.2 Ordinary and associate members of the Association may attend General Meetings of

the G.S.A.. The Executive may invite at its own discretion other persons to attend

General Meetings. Such persons shall speak only by invitation of the chair and shall

not vote.

2.3 Every member shall address themselves to the Chair. No-one may speak whilst theChair is speaking.

2.4 Subject only to a challenge, as provided in these Standing Orders, the Chair's ruling on

any question shall be final.

2.5 The Chair shall ensure that the meeting is in order and that remarks are relevant to the

question under debate.

3. CHAIR

3.1 The Chair shall be taken by a member of the Executive, or by a person appointed by

the Executive. If no members of the Executive are present, of if all members of the

Executive relinquish the Chair, then the meeting shall elect its own Chair.

3.2 The Chair shall remain impartial in any debate.

3.3 The ruling of the Chair on any point shall be final, subject only to a challenge as

provided in these Standing Orders.

4. MINUTES



25

4.1 A copy of the minutes of a General Meeting shall be placed on the notice board in the

G.S.A. Common Room not more than 10 working day s after the date of the meeting,

and shall remain there until they have been approved by the next General Meeting. A

copy of the minutes shall also be made available on the G.S.A. website.

5. ORDER OF BUSINESS

5.1 Two or more tellers shall be chosen by the Chair and approved by the meeting.

5.2 Those non-members who are present without the permission of the meeting shall be

asked to leave.

5.3 The business shall be taken in the following order:

• Approval of the minutes of the last meeting

• Matters arising

• President’s report

• Matters arising from the President’s report

• Reports from and questions to members of the Executive, including reports from

and questions to any members who represent the G.S.A. on University

Committees.

• Motions appearing on the agenda

• Any other business

5.4 All motions shall be proposed by an ordinary member, and seconded by another

ordinary member of the Association. The proposer or seconder of the motion shallattend the meeting to speak to the motion. If neither is present the motion shall be

deemed to have been withdrawn.

5.5 Full terms of motions and reports to be placed on the agenda shall be submitted in

writing, either by email to the G.S.A. or by hard copy to the Secretary, G.S.A., Union

House. The agenda shall close 72 hours before the published time of commencement

of the meeting. The agenda shall be posted on the Association website at least 48

hours before the meeting.

5.6 Emergency motions shall be accepted if they could not have been put on the agenda by

its close, and the meeting votes by a simple majority to accept them.

6. MOTIONS AND AMENDMENTS

6.1 A motion or amendment shall be ruled out of order if it:

(a) seeks to alter or rescind policy of a higher body.

(b) seeks to commit the Executive to an illegal act, or seeks to commit Association

resources to an illegal act.

(d) seeks to amend the Constitution or is in contravention of the terms of the

Constitution, unless it is a properly submitted Constitutional amendment.



26

(e) Seeks to alter or rescind policy passed at a General Meeting within the

previous 12 months.

6.2 An amendment shall be ruled out of order if it:

(a) seeks to discuss a motion or amendment already defeated in that meeting.

(b) is not on the same subject as the motion it seeks to amend.

6.3 A motion or amendment may be withdrawn by the proposer, but it shall then be open

to the seconder or other member to propose that motion, provided that it is done

immediately after such withdrawal.

6.4 Consideration of motions shall be as follows:

The Chair shall read the motion

The Chair shall call on the proposer or seconder to speak to the motion

Debate shall be opened to the floor

At this stage amendments may be proposed. If an amendment is accepted by the

proposer of the original motion, it shall be included in the original motion.

If the proposer does not accept the amendment, debate shall continue on the

amendment until a vote is taken on the amendment. The debate shall then return to the

original motion, with amendment if passed.

6.5 No item shall be discussed for more than sixty minutes. After sixty minutes there shall

be a summing up speech by the proposer followed immediately by a vote.

7. VOTING

7.1 Each member shall have one vote.

7.2 Members shall exercise the right to vote in person only.

7.3 If there are an equal number of votes both for and against the Chair shall exercise thecasting vote. The Chair shall not otherwise vote.

8. PROCEDURAL VOTING

8.1 Except during voting a member may raise a point of order, as outlined below, by

raising a hand and calling "order". The Chair shall immediately hear the point of

order and rule on it.

(a) call of quorum.

(b) challenge of the Chair's ruling.



27

(c) assertion that the matter under question contravenes the Constitution.

(d) clarification from or through the Chair.

(e) procedural motions.

8.3 A challenge to the Chair's ruling shall be raised only on the grounds that it contravenes

the Constitution, its Appendices or Standing Orders.

8.4 When a challenge is made the Chair shall relinquish the chair. The proposer of the

challenge and the Chair shall have up to one minute state their cases, and the question

shall then be put to the vote. A challenge shall be carried by a simple majority.

8.5 Unless the Chair considers it an infringement of reasonable debate, a member may

move a procedural motion as a point of order. Should there be any objection, the

proposer and objector shall have up to one minute to state their cases, and the

procedural motion shall then be put to the vote. It shall require a simple majority to be

passed.

8.6 Procedural motions shall be, in order of precedence, that:

(a) the question be now put;

(b) the question be taken in parts;

(c) the number and duration of speeches be reduced;

(d) the question be submitted to a referendum

(e) the question be adjourned to a later meeting;

(f) the question be referred to a Committee for examination and report;(g) the question be referred back to a Committee for re-examination;

(h) the question be not put;

(i) the meeting be adjourned temporarily.

8.7 If the meeting resolves that the question be now put, the proposer shall sum up and the

question immediately be put to the vote.

9. QUORUM

9.1 The quorum for General Meetings shall be as laid down in the Constitution.

10. AMENDMENTS

10.1 Amendments to the Constitution, its Appendices or Standing Orders may only be

considered if they appear on the properly published agenda, under the heading

Àmendment to the Constitution', Àmendment to the Appendices', or Àmendment to

the Standing Orders'.

The amendment and section/paragraph to be amended must be stated explicitly.



28

11. GUILLOTINE

A General Meeting of the Association shall be called to a close by the Chair 120

minutes after it started.



29

APPENDIX E

STANDING ORDERS GOVERNING FINANCIAL PROCEDURES

1. These standing orders shall be read in conjunction with the constitution of the

Association and nothing contained in the standing orders may be interpreted so as toconflict with any provision of the Constitution.

2. The funds accruing to the Association may be used for the following purposes:

(a) to provide, in the interests of the education and welfare of its members, such

facilities (including the formation of clubs and societies) as will further the

participation of its members in the intellectual, social and other activities of, or

connected with, the University.

(b) to offer support to its members during their programme of study.

(c) to pay the administrative and other costs necessary for the organisation of the

services and facilities provided to its members.

3. The treasurer shall produce a budget prior to the beginning of each financial year,

taking advice from the Operator (as defined in Appendix C) where appropriate, to be

approved by the Annual General Meeting of the Association for onward transmission

to the University.

4. Expenditure within the approved budget:

4.1 Members of the Executive and Standing Committees may place orders or incur

liabilities up to a maximum of £100 without reference to the Executive, provided that

such expenditure falls within the approved budget. In order to obtain payment of orreimbursement for such expenditure, an invoice or receipt for the goods or services

obtained, countersigned by the Treasurer (or in the case of submissions by the

Treasurer, by the President) shall be submitted to the U.U.E.A.S. Finance Office.

4.2 Prior to any order being placed or any liability being incurred in excess of £100, the

expenditure must be authorised by a meeting of the Executive attended by the

Permanent Treasurer. Approved minutes of the relevant Executive Meeting shall be

taken as authorisation by the U.U.E.A.S. Finance Office.

5. Expenditure in excess of the approved budget:

5.1 No order may be issued or liability incurred in excess of the approved budget for any

expenditure unless such expenditure has been approved by a General Meeting of the

Association.

6. Standing Orders 4 and 5 shall apply in all cases EXCEPT:

6.1 Where contractual obligation exists which has been properly authorised by the

appropriate signatories.

6.2

Where a binding contractual or statutory obligation exists regardless of initialauthorisation.



30

6.3 Where obligations exist in respect of contracts of employment initially approved by

the Executive.

6.4 Where goods are purchased for resale or as consumables in the process of sale by staff

of the Association with responsibility for such purchases.

The Association shall be under no obligation to meet any liability incurred outside the

provision of these standing orders.

7. All income and expenditure of the Association or any commercial enterprises

associated with the Association shall be recorded by the U.U.E.A.S. Finance Office,

under the Management Agreement (Appendix C)

8. Any bank or building society account, or any other savings account, shall be

processed, opened, closed and controlled by the Association cheque signatories in

accordance with the constitution and no other person shall open, close or control these

or any other accounts purporting to be held on behalf of the Association or its

commercial enterprises.

8.1. The cheque signatories shall be ex-officio:

(a) The Treasurer

(b) The President

(c) The Secretary

(d) The Communications Officer

(e) The Deputy General Manager of the Union of U.E.A. Students (who shall only

act in the absence of two other signatories).

8.2 Any two of the above shall jointly be empowered to open, control and close

appropriate accounts in accordance with the constitution.

8.3 Save during unavoidable absences from the Association, the Treasurer will sign all

cheques and other orders in connection with appropriate accounts.

8.4 In the event of any of the posts in section 8.1 being vacant, the Executive shall appoint

at least one other person as a cheque signatory.

9. No cheque signatory shall sign a cheque or other order for payment to themselves.

10. No payment above £100 may be made in cash.

11. In the event of absence or vacancy for a post which carries spending authority and

when urgent authorisation is required, the Treasurer or President may deputise for the

authorised signatory.

12. Fixed Assets shall be defined for the purpose of the Association balance sheet as those

items having an anticipated life of at least two years with an initial purchase price of

more than £100.

13. All such items shall be purchased only with the authority of the Executive and

expenditure capitalised and depreciated according to standard accounting principles.



31

14. The financial year shall begin on 1st

August and end on 31st

July.



32

APPENDIX F

PROCEDURES FOR ESTABLISHING A GROUP, SOCIETY OR CLUB

The aim of this section is not to enable the formation of societies or clubs that duplicate those

provided by the Students’ Union. Rather, the aim is to facilitate the development of groupsthat offer support to postgraduates during their time at U.E.A.. These groups may:

a) contribute to students’ academic and career development, for example reading

groups, journal clubs, or groups running seminar series by/for postgraduates.

b) fulfil for postgraduates the function filled for undergraduates by activities taking

place within their halls of residence, providing a focus for social and recreational

activity, and working towards overcoming the isolation that is experienced by many

postgraduates, particularly research students.

The purpose of this Appendix, therefore, is to allow such groups to be formed under the

auspices of the G.S.A., and to apply to the G.S.A. for financial support for, for example,

publicity and organisational expense, inviting an external speaker, or providing refreshment.

1. To be recognised by the Association a group, society or club must:

(a) Have a defined aim in accordance with the aims of the Association and

approved by the Executive of the Association.

(b) Have appointed at least the following officers who shall be Ordinary orAssociate members of the Association to act as a Committee: a President, a

Treasurer, a Secretary. The names of these officers shall be registered with the

secretary of the Association.

2. Establishment of a group, club or society shall be approved by a meeting of the

Executive including the Permanent Treasurer. A member of the Committee of the

group, society or club will be invited to attend the meeting to present their case.

2. Membership of groups, societies and clubs of the Association shall be open to all

members of the Association (ordinary and associate, including those who have opted

out of membership of the Association) upon payment, where required by the group,society or club committee, of the appropriate subscription.

3. Groups, societies or clubs of the Association may apply for financial support up to a

maximum of £100 per annum, provided such support is within the approved budget of

the Association. Such applications must include at a minimum: reasons for the

application, the planned expenditure and its justification, an indication of any other

sources of funding that have been sought, and the name and contact details of the

person accountable for expenditure on behalf of the group, society or club.

4. Financial support agreed under clause 3 above may be made prior to any expenditure

by the group, society or club. However, the group, society or club must provide



33

receipts for any expenditure made, and in the event that such receipts are not provided

by the end of the financial year in which the support was forthcoming, or that the

expenditure detailed in such receipts does not accord with the original application, the

Association shall be entitled to seek reimbursement of any money from the person

responsible named under clause 3 above.

5. Where a group, society or club is unsuccessful in an application for financial support,

they shall have the right of appeal following the complaints procedure outlined in

section 11 of the constitution.



34

APPENDIX G

EDUCATION ACT 1994, PART II — STUDENTS’ UNIONS

20 - (1) In this part a “Students’ Union” means –

(a) an association of the generality of students at an establishment to which this

Part applies whose principal purposes include promoting the general

interests of its members as students: or

(b) a representative body (whether an association or not) whose principal

purposes include representing the generality of students at an establishment

to which this Part applies in academic, disciplinary or other matters relating

to the government of the establishment.

(2) References in this Part to a Students’ Union include an association or body which

would fall within subsection (1) if for the references to the generality of students at

the establishment there were substituted a reference to-

(a) the generality of undergraduate students, or graduate students, at the

establishment: or

(b) the generality of students at a particular hall of residence of the

establishment.

(3) References in this Part to a Students’ Union include an association or body which

consists wholly or mainly of-

(a) constituent or affiliated associations or bodies which are themselves

Students’ Unions within subsection (1) or (2) or

(b) representatives of such constituent or affiliated associations and which

fulfils the functions of a Students’ Union within subsection (1) or (2) in

relation to students at an establishment to which this Part applies.

(4) An association or body may be a Students’ Union within the meaning of this Part in

relation to more than one establishment but not in relation to establishments

generally in the United Kingdom or a part of the United Kingdom.

(5) References in this section to an association of the generality of students or of any

description of students include-

(a) any association which the generality of students, or of students of that

description, may join, whether or not it has in membership a majority of

them and

(b) any association which would fall within paragraph (a) if the references there

to students were confined to full-time students and references to arepresentative body whose principal purposes include representing the

generality of students, or of any description of students, shall be similarly

construed.



35

21 – (1) The establishments in England and Wales to which this Part applies are-

(a) any University receiving financial support under section 65 of the Further

and Higher Education Act 1992:

(b) any institution conducted by a higher education corporation or further

education corporation within the meaning of that Act:

(c) any institution designated under section 129 of the Education Reform Act

1988 as eligible to receive support from funds administered by a higher

education funding council:

(d) any institution designated under section 28 of the Further and Higher

Education Act 1992 as eligible to receive support from funds administered

by a further education funding council:

(e) any institution substantially dependant on financial support under section

6(5) of that Act (certain institutions providing facilities for part-time or

adult further education):

(f) any institution designated, or of a description designated, by order of the

Secretary of State:

(g) any college, school or hall in an establishment within any of the above

paragraphs.

(2) The establishments in Scotland to which this Part applies are-

(a) any institution within the higher education sector for the purposes of section

56(2) of the Further and Higher Education (Scotland) Act 1992:

(b) any college of further education (within the meaning of section 36(1) of that

Act), the board of management of which, or in respect of which an

appropriate person, is in receipt of a grant, loan or other payment as

mentioned in section 4(1) of that Act:

(c) any central institution within the meaning of section 135(1) of the Education(Scotland) Act 1980:

(d) any institution designated, or of a description designated, by order of the

Secretary of State.

(3) For the purposes of subsection (1)(e) an institution is substantially dependent on

financial support under section 6(5) of the Further and Higher Education Act 1992

in any year in which such support amounts to 25 per cent or more of its income.

For this purpose “year” means an accounting year of the institution and “income”

means receipts of any description, including capital receipts.

(4) In subsection (1)(g) “college” includes any institution in the nature of a college.



36

(5) References in this Part to the governing body of an establishment are to the

executive governing body which has responsibility for the conduct of affairs of the

establishment and the management and administration of its revenue and property.

22 - (1) The governing body of every establishment to which this Part appliesshall take such steps as are reasonably practicable to secure that any students’ union for

students at the establishment operates in a fair and democratic manner and is accountable for

its finances.

(2) The governing body shall in particular take such steps as are reasonably practicable

to secure that the following requirements are observed by or in relation to any

students’ union for students at the establishment-

(a) the union should have a written constitution:

(b) the provisions of the constitution should be subject to the approval of the

governing body and to review by that body at intervals of not more than 5

years:

(c) a student should have the right-

(i) not to be a member of the union, or

(ii) in the case of a representative body which is not an association, to

signify that he does not wish to be represented by it, and students who

exercise that right should not be unfairly disadvantaged, with regard

to the provision of services or otherwise, by reason of their havingdone so:

(d) appointment to major union offices should be by election in a secret ballot

in which all members are entitled to vote:

(e) the governing body should satisfy themselves that the elections are fairly

and properly conducted:

(f) a person should not hold sabbatical union office, or paid elected union

office, for more than two years in total at the establishment:

(g) the financial affairs of the union should be properly conducted and

appropriate arrangements should exist for the approval of the union’s

budget, and the monitoring of its expenditure, by the governing body:

(h) financial reports of the union should be published annually or more

frequently, and should be made available to the governing body and to all

students, and each such report should contain, in particular-

(i) a list of the external organisations to which the union has made

donations in the period to which the report relates, and

(ii) details of those donations



37

(i) the procedure for allocating resources to groups or clubs should be fair and

should be set down in writing and freely accessible to all students;

(j) if the union decides to affiliate to an external organisation, it should publish

notice of its decision stating-

(i) the name of the organisation, and

(ii) details of any subscription or similar fee paid or proposed to be paid

and of any donation made or proposed to be made, to the

organisation, and any such notice should be made to the governing

body and to all students:

(k) where the union is affiliated to any external organisations, a report should

be published annually or more frequently containing-

(i) a list of external organisations to which the union is currently

affiliated, and

(ii) details of subscriptions or similar fees paid, or donations made, to

such organisations in the past year (or since the last report), and such

reports should be made available to the governing body and to all

students:

(l) there should be procedures for the review of affiliations to external

organisations under which-

(i) the current list of affiliations is submitted for approval by members

annually or more frequently, and(ii) at such intervals of not more than a year as the governing body may

determine, a requisition may be made by such proportion of members

(not exceeding 5 per cent) as the governing body may determine, that

the question of continued affiliation to any particular organisation be

decided upon by a secret ballot in which all members are entitled to

vote;

(m) there should be a complaints procedure available to all students or groups

of students who-

(i) are dissatisfied in their dealings with the union, or(ii) claim to be unfairly disadvantaged by reason of their havingexercised

the right referred to in paragraph (c)(i)or (ii) above, which should

include provision for an independent person appointed by the

governing body to investigate and report on complaints;

(n) complaints should be dealt with promptly and fairly and where a complaint

is upheld there should be an effective remedy.

(3)..The governing body of every establishment to which this Part applies shall for the

purposes of this section prepare and issue, and when necessary revise, a code of

practice as to the manner in which the requirements set out above are to be carried

into effect in relation to any students’ union for students at the establishment,



38

setting out in relation to each of the requirements details of the arrangements made

to secure its observance.

(4) The governing body of every establishment to which this Part applies shall as

regards any students’ union for students at the establishment bring to the attention

of all students, at least once a year-

(a) the code of practice currently in force under subsection(3),

(b) any restrictions imposed on the activities of the union by law relating to

charities, and

(c) where the establishment is one to which section 43 of the Education (No2)

Act 1986 applies (freedom of speech in universities and colleges), the

provisions of that section and of any code of practice issued under it,

relevant to the activities or conduct of the union.

(5) The governing body of every establishment to which this Part applies shall bring to

the attention of all students, at least once a year, and shall include in any

information which is generally made available to persons considering whether to

become students at the establishment-

(a) information as to the right referred to in subsection (2)(c)(i) and (ii), and

(b) details of any arrangements it has made for services of a kind which a

students’ union at the establishment provides for its members to be provided

for students who are not members of the union.

(6) In subsections (2), (4) and (5) the expression “all students” shall be construed asfollows-

(a) in relation to an association or body which is a students’ union by virtue of

section 20(1), the reference is to all students at the establishment;

(b) in relation to an association or body which is a students’ union by virtue of

section 20(2), the reference is to all undergraduate or graduate students at

the establishment or to all students at the hall of residence in question, as the

case may be:

(c) in relation to an association or body which is a students’ union by virtue of

section 20(3), the reference is to all the students who by virtue of section

20(1) or (2) are comprehended by that expression in relation to itsconstituent or affiliated associations or bodies.

(7) in this section the expression “members”, in relation to a representative body which

is not an association means those whom it is the purpose of the union to represent,

excluding any student who has exercised the right referred to in subsection

(2)(c)(ii).

(8) In subsection (2)(j) to (l) the references to affiliation to an external organisation, in

relation to a students’ union for students at an establishment, include any form of

membership of, or formal association with, an organisation whose purposes are not

confined to purposes connected with that establishment.



39

(9) Subsection (2)(d) and (l)(ii) (elections and affiliations: requirements to hold secret

ballot of all members) do not apply in the case of an open or distance learning

establishment, that is, an establishment where the students, or the great majority of

them, are provided with materials for private study and are not required to attend

the establishment to any significant extent or at all.



40

APPENDIX H

Code of Practice Relating to Student Unions approved by the Council of the

University of East Anglia

Preamble

Education

Act 1994

1. Section 22 of the Education Act 1994 (the Act) lays a duty Act 1994 on

the governing body of the University to:

Section 22(1) 1.1 take such steps as are reasonably practicable to secure that any student

union for students at the establishment operates in a fair and democratic

manner and is accountable for its finances.

Section 22(2) 1.2 n particular take such steps as are reasonably practicable to secure thatcertain requirements are observed by or in relation to any student union

at the establishment.

Section 22(3) 1.3 prepare and issue a code of practice as to the manner in which the

requirements are to be carried into effect and setting out details of the

arrangements made to secure the observance of each requirement.

Code of

Practice

2. In pursuance of its duties under the Act, the Council of the of

PracticeUniversity (the Council) has approved this Code of Practice

Relating to Student Unions.

Availability

of the Code

3. This Code will be reviewed from time to time and revised as necessary.

It will be published annually and copies will be made available to staff

and students.

Scope of the

Code

4. The Council has determined that this Code applies to:

4.1 the Union of UEA Students (the Union) (per Statute 24.1)

4.2 the Graduate Students’ Association (the GSA) (per Statute 25.1)

Unless explicitly stated, all references to the Union shall also

apply to the GSA, mutatis mutandis

5. In this Code the Union includes all members, officers and staff of that

organisation.

UNION CONSTITUTION

Section

22(2)(a):Requirement

for

Constitution

6. The Union is required to have a written Constitution, which mustincorporate, inter alia, the following provisions:



41

Section

22(2)(d)

Appointment

of Voting

Executive

Officers

6.1 Appointment to major Union Offices (defined by the Council as voting

Executive Officers of the Union) to be by election in a secret ballot in

which all Union members are entitled to vote.

Section

22(2)(f)

Maximum/total

tenure of full-

time Executive

Officers

6.2 Prohibition on the holding by any one individual of full-time Union

Executive Office for more than two years in total at the University.

Availability of

Minutes and

Publication of

decisions

6.3 The stated availability at identified locations within the Union and the

University of notices and Minutes of all Union meetings at which Union

policy and/or action is or may be determined.

Section

22(2)(k)

Referendum on

External

Affiliations

6.4 Arrangements regarding the holding of referendum external affiliations.

(See paragraph 24.4 below)

Section

22(2)(b)Council

Approval of

Constitution

7. The Council shall (not withstanding the provisions of Statute 24.2, which

is overridden by the Act) approve the Union’s Constitution and review itat intervals of not more than five

Constitution years beginning in the academic year 1994-95.

Definition of

Constitution

8. For the purposes of the Act and in this Code the Constitution of the Union

of UEA Students is defined as:

8.1 a document entitled “The Constitution of the Union of UEA Students”.

8.2 Appendix A entitled “ Executive Officers’ Job Descriptions”.

8.3 Appendix B entitled “Procedures for Establishing a Club or Society”.

8.4 Appendix C entitled “Staff Protocol”.

8.5 Appendix D entitled “Election Regulations”.

8.6 Appendix E entitled “Standing Orders Governing the Conduct of

Meetings”.

8.7 Appendix F entitled “Standing Orders Governing Financial Procedures”.

8.8 Appendix G entitled “Part II of the Education Act 1994”

8.9 Appendix H entitled “Code of Practice relating to Student Unions



42

approved by the Council of the University of East Anglia (and consisting

of this Code).

8.10 Appendix I Guidance issued by the Department for Education and

Science – September 1995.

9. For the purposes of the Act and in the Code the Constitution of the

Graduate Students’ Association is defined as:

9.1 a document entitled “University of East Anglia Graduate Students’

Association Constitution”.

9.2 Appendix A entitled “Duties of the Executive Officers”.

9.3 Appendix B entitled “Election Regulations”.

9.4 Appendix C entitled “Management Agreement with SUS (EA) Ltd”.

9.5 Appendix D entitled “Standing Orders governing the conduct of

meetings”.

9.6 Appendix E entitled “Standing Orders governing financial procedures”.

Appendix F entitled “Procedures for establishing a group, society or

club”

Appendix G entitled “Part II of the Education Act 1994”.

Appendix H entitled “U.E.A. Code of Practice relating to Student

Unions”.

Appendix I entitled “Guidance issued by the Dept. of Eduction and

Employment, Sept 1995”.

Procedures

Revisions

10 Proposals made to the University by the Union for amendments on

Revisions to its Constitution as approved by the Council shall be:

10.1 approved by the Union in accordance with its Constitution.

10.2 considered initially by the appropriate ad hoc joint body (established by

the Council to deal with Union constitutional matters) which shall make

its recommendations to the Council.

11 In considering recommendations regarding the Union’s constitution, the

bodies referred to in para 10 shall have regard to the provisions of this

Code.

UNION ELECTIONS

Section 22(2)(e) 12. The Union is responsible for ensuring that its elections are fairly



43

Fair and Proper

Conduct of

Elections

and properly conducted in accordance with

12.1 the Education Act 1994

12.2 this code

12.3 the Union’s Constitution as approved by the Council.

Appointment of

Returning Officer

13. In accordance with its Constitution, the Union shall designate,

subject to acceptance by the Registrar and Secretary on behalf of

Officer the Council, a Returning Officer who is required to

satisfy the Council that the requirements specified in para 12 are

complied with.(Unless otherwise approved by the Registrar and

Secretary, Returning Officer of the Union of UEA Students shall

be the General Manager of the Union).

Role of Returning

Officer

14. The Returning Officer shall be responsible for advising the

Union if, at any time, any action, policy or decision taken or

under consideration by the Union, or any action taken by any

candidates in Union elections or by their supporters, appears to

the Returning Officer to be incompatible with any part of para

12 above. Should the position not be resolved by the Union to

the Returning Officer’s satisfaction, the Returning Officer is

required to inform the Registrar and Secretary in writing.

Non-Membership of the Union

15. A student has the right

Section 22(2)(c)

Right to Non-

Membership

15.1 not to be a member of the Union

15.2 if exercising that right, not to be unfairly disadvantaged with

regard to the provisions of services or otherwise by reason of

having done so.

Procedure andTiming of Opting-

Out

16. A student who wishes to exercise the right conferred in shouldinform in writing the General Manager of the Union and/or the

Permanent Treasurer of the GSA, who shall provide a written

acknowledgement. The student may reverse the decision (on one

occasion only within an academic year) by writing to the General

Manager and/or the Permanent Treasurer stating a wish to resume

membership, which will be acknowledged in writing: otherwise,

any decision to opt-out of Union membership shall hold good for

the remainder of the academic year in question.

17. A student who opts out of their membership shall be able to

Rights retained by

Non-Members

17.1 use all commercial services and facilities provided by Union.



44

17.2 be a non-voting member of Union Clubs and Societies (see para

18 below).

17.3 use the Union’s Advice Centre.

18 The rights and restrictions of being a non-voting member of UnionSocieties shall be set out in the Union’s Constitution and shall be

stated in writing by the General Manager of the Union and/or the

Permanent Treasurer of the GSA to any student who opts out of

Union membership.

19. A student who opts out of Union membership shall not be able to

Rights Lost

By Non-Members

19.1 nominate, stand or vote in any Union, or Union Club/Society

election or in any National Union of Students (NUS) election

organised by the Union.

19.2 attend any Union meeting referred to in the Union’s Constitution

and/or any committee meeting of any Union Club/Society.

19.3 participate in the NUS via the Union.

FINANCIAL AFFAIRS

Proper Financial

Conduct

20. The Union is responsible for ensuring that all funds available

to it are used in accordance with

20.1 the Education Act 1994

20.2 this Code

20.3 the Union’s Constitution as approved by the Council

20.4 advice on Student Union expenditure as may be issued from

time to time by the Department for Education and

Employment

20.5 any restrictions imposed on the activities of the Union by law

relating to charities

Appointment of

Permanent

Treasurer

21. The Union shall designate, subject to acceptance by the

Registrar and Secretary on behalf of the Council, a Permanent

Treasurer who is required to satisfy the Council the

requirements specified in para 20 are complied with.

Role of Permanent

Treasurer

22 The Permanent Treasurer shall be responsible for advising the

Union if, at any time, any action, policy or decision takenunder consideration by the Union appears to the Permanent

Treasurer to be incompatible with any part of para 20 above.

Should the position not be resolved by the Student Union to



45

the Permanent Treasurer’s satisfaction, the Permanent

Treasurer is required to inform the Registrar and Secretary in

writing.

23 The Union is required in respect of all funds available to it

(including those attaching to any subsidiary companies whichit owns) to:

Section 22(2)(g)

Proper Conduct of

Financial Affairs

23.1 ensure that accounts and accounting records are kept

accordance with normal professional accounting principles

23.2 maintain a sound system of internal financial management and

control

23.3 plan and conduct its financial affairs so as to ensure that its

total income is at least sufficient, taking one year with another,

to meet its total expenditure and that its financial solvency is

maintained

23.4 obtain the prior written consent of the Permanent Treasurer

(who shall consult the Registrar and Secretary on behalf of the

Council before providing such approval) to any transaction in

excess of such sum as the Council shall from time to time

specify, not being less than £25,000, involving land, buildings

or equipment

23.5 obtain the prior written consent of the Permanent Treasurer(who shall consult the Registrar and Secretary on behalf of the

Council before providing such approval) to the borrowing of

any money for a period in excess of 12 months

23.6 refrain from giving any guarantees or indemnities incurring

contingent liabilities other than in the normal course of

business

23.7 maintain adequate insurance cover as specified in a

Memorandum of Agreement on Property and Financial

Arrangements between the University and the Union

Section 22(2)(g)

Approval of

Budgets

23.8 prepare provisional budgets for the following financial year

23.9 obtain the approval of the Union to such budgets in

accordance with the provisions of its Constitution ands ubmit

them for scrutiny and approval by the Registrar and Secretary

at such times as the University may from time to time

reasonably determine.

23.10 obtain the prior written consent of the Permanent Treasurer

(who shall consult with the Registrar and Secretary on behalf

of the Council before providing such consent) to any



46

expenditure not contained in a budget approved by the

Registrar and Secretary in excess of such sum as the Council

shall from time to time specify not being less than £25,000.

Section 22(2)(h) 23.11 prepare audited accounts and financial reports normally within

four months of the end of the financial year or by such otherdates as the University may from time to time reasonably

determine

23.12 obtain the approval of the Union to such accounts in

accordance with the provisions of its Constitution, notify their

availability at identified locations to all students and submit

them to the Planning and Resources Committee at such times

as the University may from time to time reasonably determine

23.13 provide reports of income and expenditure against budget for

consideration by the Union and the University annually, and at

such other times and for such periods as the University may

from time to time reasonably determine, and notify their,

availability at identified locations to all students

23.14 publish within annual accounts and financial reports

Section 22(2)(k)

Affiliated

Organisations

23.14.1 a list of currently affiliated external organisations relevant to

the generality of students.

23.14.2 details of subscriptions or similar fees paid to such externalaffiliated organisations in the past year on behalf of the

generality of students

Section 22(2)(h)

Declaration of All

Donations

23.14.3 details of any donations made to external organisations,

whether affiliated or not

(See also paras 24-25 below)

Section 22(2)(i) 23.15 establish in accordance with the provisions of its Constitution

written procedures for the allocations of resources to clubs and

societies which must be clear, fair and freely accessible to all

students. The procedures are to be reviewed annually by thePermanent Treasurer and shall be provided the Union to the

Dean of Students upon request.

EXTERNAL AFFILIATIONS

24. The Union is required to

Section 22(2)(j)

Decisions onExternal

Affiliations

24.1 publish notice of any decisions to affiliate, on behalf of the

generality of students, to an external organisation stating thename of each such organisation and details of any subscription,

fee or donation paid or proposed to be paid.



47

Section 22(2)(k)

and (h) Annual

Lists

24.2 publish lists of such affiliations, payments and donations as

specified in para 23.14 above.

Section 22(2)(l)

Annual Review

24.3 submit the current list of such affiliations on behalf of the

generality of students for approval by the annual meeting of Union Council, in accordance with the provisions of its

Constitution.

Section 22(2)(l)

Referendum

24.4 hold a referendum in accordance with the provisions of its

Constitution on the question of continued affiliation to any

particular organisation.

24.4.1 if a motion to that effect is made and carried by a minimum of

4% of the ordinary members and

24.4.2 provided that no other referendum relating to affiliation to that

particular organisation has been held in the preceding twelve

month period.

Section 22(8)

Affiliation to

External

Organisations

Defined

25. For the purposes of paras 23.14 and 24 above, references to

affiliation to an external organisation, on behalf of

thegenerality of students, include any form of membership

of,or formal association with, an organisation whose purposes

are not confined to purposes connected with the University of

East Anglia.

COMPLAINTS PROCEDURE

26. Any student or group of students who is

Section 22(2)(n)

Rights of

Complaint

26.1 dissatisfied with their dealing with the Union or

26.2 claims to be unfairly disadvantaged by reason of their having

exercised the right referred to in para 15 above may make a

complaint, which should be dealt with promptly and fairly withan effective remedy if upheld.

27. A student or group of students making a complaint

27.1 under para 26.1 shall state it in writing to the officer specified

in the Union’s Constitution (after which paragraphs 28-34 shall

apply).

27.2 shall state it in writing to the Dean of Students (after which

paragraphs 35-36 shall apply).

28 On receipt of a complaint under para 26.1, the Union shall

investigate and respond to the complaint(s) in accordance with

the provisions of its Constitution and shall notify the



48

complainant(s) in writing of the outcome (including

specification of any remedy if upheld) within twenty working

days of the date of receipt of the complaint.

29 If dissatisfied with the action taken by the Union, the

complainant(s) may within ten working days of the date of itsnotification appeal directly to the Dean of Students who shall

investigate the matter and issue a written report of findings to

the complainant(s) and to the Union (including specification of

any remedy if upheld) within ten working days of the date of

receipt of the appeal.

30. If dissatisfied with the action taken by the Dean of Students,

either the complainant(s) and/or the Union may within ten

working days of the date of its notification request the Dean of

Students to refer the report to the Registrar & Secretary with a

recommendation that the Council appoint an independent

person to investigate and report on the complaint.

31. On receipt of such a recommendation, the Registrar &

Secretary shall consult the Chairman of the Council who shall,

unless the Chairman determines the complaint to be frivolous,

make the appointment referred to in para 30 above on behalf of

the Council.

32. At the Chairman’s sole discretion and depending upon the

nature of the case, the independent person appointed so may beasked to

32.1 determine the matter on behalf of the Council or

32.2 make recommendations to the Council for its determination

33 The independent person shall as soon as practicable prepare a

written report on the complaint (including specification of any

remedy if upheld) and send it to the Registrar & Secretary who

shall

33.1 inform the complainant(s), the Union and the Dean of Students

of the contents of the report

33.2 submit the report to the Council at the next available

opportunity:

33.2.1. for information if para 32.1 applies

33.2.2. for determination if para 32.2 applies

34. The decision made under paras 32 and 33 above on the

outcome of the complaint and upon any remedy if upheld shall

be final.



49

35. A student or group of students making a complaint under para

26.2 shall state it in writing to the Dean of Students who shall

investigate the matter and shall notify the complainant(s) in

writing of the outcome (including specification of any remedy

if upheld) within ten working days of the date of receipt of the

complaint.

SANCTIONS

37. Failure to comply with this Code or any statutory requirements

may require the repayment in whole or in part of funds paid by

the University to the Union, together with interest in respect of

any period during which a sum due to the University under this

or any other condition remains unpaid.

38. Breaches of this Code may lead to disciplinary procedures

within the University and may also be dealt with in the Courts

if they involve breaches of the law.



50

APPENDIX I

GUIDANCE ISSUED BY THE DEPARTMENT FOR EDUCATION AND

EMPLOYMENT, SEPTEMBER 1995

1. Everyone who is involved with students’ unions, whether as a member or an officer,

needs to be aware that most students’ unions are charities and that they have to

comply with the law’s requirements for charities. The Education Act 1994 requires

governing bodies to draw to the attention of all their students at least once a year any

restrictions which the law of charities places on students’ unions. This booklet gives

general guidance which should be sufficient for this purpose.

2. In addition to general charity law, there are also statutory requirements which affect

the activities of students’ unions. These are described in paragraphs28 to 33 below.

3. The booklet supersedes the Attorney-General’s Guidance on expenditure by students’

unions which was issued in 1983.

What is a students’ union?

4. Students’ union is defined in section 20 of the Education Act 1994. It includes a body

representing or promoting the general interests of students at a university, at a college

or hall of a university. It does not need to be called a ‘students’ union’. For example

a student representative council, which represents the generality of students in matters

concerned with the government of the institution would be a students’ union. It doesnot include associations concerned with a single purpose, such as sport. If you are in

doubt, you should approach the governing body of the university or college, via the

secretary or clerk or the student representative.

Is your students’ union a charity?

5. Most students’ unions are charities. This is because they exist to further the

educational purposes of the universities or colleges to which they are attached. You

should assume that the students’ union at your university or college is a charity unless

you have been told otherwise by the governing body or by the Charity Commission.

6. If a students’ union is a charity, its objects (as set out in its constitution) normally

cannot be changed so as to make them non-charitable, even by a unanimous vote of

the union.

Union officers and others in the position of trustees

7. The officers of a students’ union are in the position of charity trustees. This also

applies to anyone else who is responsible for the general control and management of

the union: for example, the members of a management committee. The rest of this

booklet uses the word ‘officers’ to describe those who in fact have control andmanagement of the union, whatever they are called.

Responsibility of officers



51

8. The officers are responsible for ensuring that union funds are only used for purposes

which are permitted by the unions’ constitution and promote the charitable objects of

the union. If funds are used improperly, the officers who allowed the expenditure may

be personally liable to repay the money. The misuse of funds can also lead to the loss

of tax benefits which derive from the union’s charitable status, and the officers may beliable to repay to the union any extra tax which has to be paid; see paragraph 23.

General guidance

9. As a broad, general rule, expenditure of a union funds is likely to be permitted only if

it furthers the interests of the students in a way that assists in the educational aims of

the university or college. This includes, of course, providing facilities for recreation

and leisure. Some examples of what is and is not permissible are given in this booklet.

10. The fact that a students’ union is a charity does not, of course, restrict students from

participating in any particular range of activities. It only prevents the use of the

union’s funds for purposes which are outside the objects of the charity. There is no

objection to students joining together to collect their own funds for any purpose for

which union funds cannot be used.

Bar, catering facilities, concerts etc

11. A students’ union may operate a bar, provide catering facilities, or organise concerts

etc subject to licensing and other legal requirements. Any profits will form part of the

union funds and must be applied for the purposes of the union. If the bar, catering

facilities, concerts etc are open to members of the public as well as to students, theprofits will normally be taxable.

12. If a students’ union owns facilities (such as vehicles or audio equipment or premises)

they can be lent or hired out to students as a means of assisting students in the

university or college. But the union must charge a proper commercial rate if the

facilities are hired to non-students or for any other use outside the union’s own

purposes.

Clubs and societies

13. Union funds can be used to support a campus newspaper, a wide range of clubs andsocieties in the university or college. These can include political clubs and societies

so long as these are dealt with in an even-handed way. Neither a students’ union nor

any of its clubs and societies can generally make donations to external organisations,

particularly political parties, or causes; see paragraph 22. However, clubs or societies

may, like the students’ union, affiliate to a relevant external organisation in certain

circumstances; see paragraph 20.

Campaigning and political activity

14. The circumstances in which funds and facilities can be used for campaigning (either

on local or national issues) are very limited. The first requirement is that the issue

must affect present and future members of the union as students. Examples of local

issues which might fulfil this requirement would be better street lighting near the



52

campus, more public transport at night, or the provision of nursery places for the

children of students. An example of a national issue would be student loans or grants.

15. By contrast, union funds cannot be used to promote or support campaigns on matters

which may be of general interest or concern but which do not affect members of the

union as students. Examples would be industrial disputes, general campaigning onenvironmental matters, eg environmental policies and road building, or the treatment

of political prisoners in a foreign country. A students’ union cannot, for instance, pay

for coaches to transport students to demonstrations on such issues.

16. Funds also cannot be used to participate in party political demonstrations, or to

persuade members of the public to vote for or against a particular candidate or party in

local or national elections. By contrast, reasonable expenditure on debating matters of

common concern is permissible.

17. Even when an issue is one which affects students as such, the connection must be

sufficiently close to justify any expenditure which the union incurs. Officers need to

consider carefully whether the amount being spent is reasonable (a) in relation to any

benefit to students which may be expected, and (b) in relation to the financial

resources of the union and its other commitments.

18. If factual information is put forward as part of a campaign which the union can

properly support, officers of the union must take care that it is accurate and is not

distorted in any way.

Affiliation to NUS and other bodies

19. A students’ union can affiliate to the National Union of Students or other similar

organisations concerned with further and higher education and related training, and

can spend money on attendance by representatives at conferences, seminars and

training events organised by such organisations. This enables its members to be

represented at national, regional and local levels, and helps to ensure that the union’s

affairs are properly conducted.

20. A students’ union can affiliate to a campaigning alliance, even if the alliance includes

non-charitable organisations. But the issues on which the alliance is campaigning

must be of a kind with the union could campaign for directly itself; see paragraphs 14

to 18. Otherwise a students’ union, or any club or society (including a political club)can only affiliate to particular campaigns or external organisations for the purposes of

obtaining educational material or information to assist in the discussion and

expression of views. Any affiliation fee must be reasonable, and the test of

reasonableness will be similar to that mentioned in paragraph 17.

21. The Education Act 1994 also contains provisions about the making of donations and

affiliation to representative and other external organisations; see paragraphs 22 and 29.

Donations to other charities and organisations

22. The fact that a students’ union is a charity does not mean, of itself, that donations can

be made to other charities. Furthermore, neither a students’ union nor any club or

society can make donations to any external organisation or cause, particularly if it is



53

political in nature – unless the organisation or cause has a connection with the welfare

of students at the particular university or college. None of this prevents a students’

union fund raising where those funds are passed directly to the intended recipients. So,

for example, there is nothing to prevent a students’ union holding a rag week to collect

money for various named charities or other causes and passing the money collected

from students or the general public directly to the organisation concerned.

Tax benefits

23. Like other charities, students’ unions enjoy fiscal benefits, including relief from

income tax. It is important that officers know about these benefits, so that tax relief is

not lost. Advice on this can be obtained from the Inland Revenue.

Further guidance

24. If the officers of a students’ union have any doubt whether any proposed expenditure

is within the proper objects of the charity, they should not hesitate to consult their

university or college authorities in the first instance and if necessary their legal

advisers or the Charity Commission. The costs of taking such advice can properly be

paid out of union funds.

25. The Charity Commission also publish two leaflets which you may find useful:

CC3 Responsibilities of Charity Trustees

CC9 Political Activities and Campaigning by Charities

These can be obtained by sending a large self-addressed envelope (10” by 7”) to any

of the Commission’s offices:

St Alban’s House 2nd

Floor Woodfield House

57/60 Haymarket 20 Kings’ Parade Tangier

London Queen’s Dock Taunton

SW1Y 4QX Liverpool Somerset TA1 4BL

L3 4DQ

26. The Charity Commission is always willing to give advice on any specific problem a

students’ union may have in connection with any matter discussed in this booklet andto consider the draft of any publications such as advertisements, appeals, newsletters

etc on which officers have doubts.

27. If the officers of any students’ union want advice from the Commissions on any matter

affecting their charity they should write to the appropriate address shown above. They

should enclose with their letter a full copy of the governing document(s) of the charity

(unless they know that the Commission already has a copy) and quote any reference

number which may have been pervious correspondence.

Other statutory provisions affecting students’ union

Freedom of speech



54

28. Section 43 of the Education (No. 2) Act 1986 requires universities and colleges to take

such steps as are reasonably practicable to ensure freedom of speech within the law

for students, employees and visiting speakers. This involves seeing that the use of

premises (including students’ union premises) is not denied to anyone because of their

beliefs or politics. The governing body is required to maintain a code of practice in

connection with this.

The conduct of students’ unions

29. Section 22 of the Education Act 1994 requires the governing bodies of a university or

college (‘the governing body’) to take such steps as are reasonably practicable to

secure that a students’ union operates in a fair and democratic manner and is

accountable for its finances. This includes seeing that the following happens:

(a) the union has a written constitution which is subject to the approval of the

governing body and review by that body at intervals of not more than five

years;

(b) a student has a right not to be a member of the union or be represented by it – a

student who opts out in this way should not be unfairly disadvantaged in the

provision of services or otherwise;

(c) the holders of the major union offices are elected by secret ballot and that such

elections are fairly and properly conducted;

(d) no-one holds paid elected union office or ‘sabbatical’ office for more than two

years;

(e) the financial affairs of the union are properly conducted and there are

appropriate arrangements for the approval of the union’s budget and the

monitoring of expenditure, by the governing body;

(f) a financial report to the union is published at least every year and made

available to the governing body and to all students – the report should include

details of donations to external organisations;

(g) the procedure for allocating resources to groups or clubs is fair and available in

writing to all students;

(h) notice is published to all students of any decision to affiliate to an external

organisation and information is available as to the current list of organisations

to which the union is affiliated, and of any subscription or donation paid (the

Act also specifies a procedure for determining by secret ballot whether any

affiliation should continue); and

(i) a complaints procedure is available to students where they are dissatisfied in

their dealing with the union.

30. The governing body is required to maintain a code of practice relating to the above.



31. The governing body is also required to draw the attention of all students to the

provisions of section 43 of the Education (No 2) Act 1986 (see paragraph 28), where

this is applicable, and of any code of practice issued under the section relevant to the

activities or conduct of the union.

32. The governing body is required at least once a year to bring to the attention of allstudents (and would-be students) the right not to be a member of the union or

represented by it. It is also required to give details of any arrangements it has made for

the provision of services to non-union members which are normally provided by the

union.

33. Students should follow the complaints procedure established by their institution if they

are dissatisfied in their dealings with the union or consider themselves unfairly

disadvantaged by reason of having opted out of membership.

gsa constitution 2005

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