Code of Practice Relating to the Students Union

Code of Practice relating to the Students’ Union

UNIVERSITY OF CENTRAL LANCASHIRE

CODE OF PRACTICE RELATING TO THE STUDENTS’ UNION

1.  Introduction

This Code sets out the manner in which the requirements of S.22 (2) of the Education Act 1994 will be put into effect in relation to the operation of the University of Central Lancashire Students' Union (“the Union”). Set out below are the steps taken by the University of Central Lancashire (“the University”) to ensure compliance by the Union.

2.  Legal Status

2.1.  The Union is a registered charitable company limited by guarantee and has a Memorandum and Articles of Association which are approved by the University Board and are subject to review by the University Board at intervals not exceeding five years.

2.2.  The Union shall comply with the requirements of the Charities Act 1993 as amended by the Charities Act 2006 as to the approval and reporting of changes to the Memorandum and Articles of Association to the Charity Commission.

3.  Membership

3.1.  Students of the University will become members of the Union unless they exercise their right to opt out of such membership.

3.2.  A student may exercise their right to opt out by completing an opt-out form (which is available on request at the offices of the Union) and delivering the same to the President of the Union. The exercise of the opt-out right will remain valid for the remainder of the academic year. Any student who wishes to opt-out again in subsequent years is required to complete a new opt-out form at each of their subsequent enrolments. The President of the Union will prepare an annual report for submission to the University Solicitor on the numbers of the students who have opted out for the previous academic year.

3.3.  By agreement between the University and the Union, students who choose to opt out of membership of the Union may, subject to the production of their University Membership card, use the facilities and services of the Union listed below and will not be liable to pay any membership subscription or supplementary charge in order to do so other than any that are required from members of the Union:

(i)  access to the Union's bars, entertainments and catering facilities;

(ii)  welfare services including the job shop;

(iii)  membership of Union Sports Clubs and societies and other clubs;

(iv)  access to shops and other commercial services operating within the Union;

(v)  Union publications available within the Union.

3.4.  An opt out student will not be entitled to participate in the Union's democratic process and will not be able to vote in or be eligible to stand in Union elections, including those of any club or society or to speak in the Meetings of the Union without the permission of the meeting or stand for election as a delegate to NUS conferences.

3.5.  The University has made no special arrangements for the provision of services

specifically for opt out students as it is satisfied that the range of services provided by the University and the Union to opt out students are sufficient to ensure that non members are not unfairly disadvantaged within the meaning of S.22 of the Education Act 1994.

4.  Major Union Offices

4.1.  The Articles of Association and Bye-laws of the Union provide that appointments to major Union offices are by election in a secret ballot in which all Members of the Union are entitled to vote.

4.2.  An independent Returning Officer appointed by the Students’ Union shall prepare a report for the University Solicitor following the elections each year and confirm in that report that the elections have been fairly and properly conducted.

4.3.  The Union's Articles of Association provides that no person shall hold a Union sabbatical office, or paid elected Union office, for more than two years in total.

5.  Financial Systems and Reporting

5.1.  The Union shall have accounts audited by an independent firm of Chartered Accountants. The audited accounts of the Union shall be published annually and after publication will be presented to the University Director of Finance. Copies of the Union's audited accounts will be freely available to all students for inspection upon request at the offices of the Union.

5.2.  The audited accounts shall contain:

(i)  a list of the external organisations to which the Union has made donations in the period to which accounts relate;

(ii)  details and the financial value of those donations.

5.3.  The Union shall:

(i)  keep accounts and accounting records in accordance with recognised accounting standards and procedures;

(ii)  maintain a sound system of internal financial management and control;

(iii)  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;

(iv)  obtain the prior written consent of the University's Vice Chancellor or nominee to any single transaction in excess of £25,000 involving land, buildings or equipment;

(v)  obtain the prior written consent of the University's Vice Chancellor or nominee to the borrowing of any money for a period in excess of 12 months;

(vi)  not give any guarantees or indemnities incurring contingent liabilities other

than in the normal course of business; and

(vii)  maintain adequate insurance cover for the Union's owned assets, sporting activities, public and employers' liabilities, all third party risks and any other appropriate risks.

Any request for changes to the above should be directed to the University Director of Finance who will make a recommendation to the Vice-Chancellor.

5.4.  Approval of Budgets

The Union is required to:

(i)  include, within its proposed budgets, a list of the external organisations to

which it intends to make donations in the periods to which such budgets relate, and the financial value of such donations; and

(ii)  provide annual reports of income and expenditure against budget for

consideration by the Board of Trustees and Students’ Council and reports to the University upon its request;

(iii)  make available the books and accounting records of the Union to the University or its appropriate officers or agents for inspection on request.

5.5.  Failure to comply with this Code of Practice 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 which will be at a rate of 4% above the base lending rate used by the University s Relationship Bank in respect of any period during which a sum due to the University under this or any other condition remains unpaid.

5.6.  Procedures for allocating resources to the Union's clubs and societies are set out in writing and a copy of these procedures is available at the offices of the Union. All such procedures are required to be fair.

6.  External Affiliations

6.1.  The Union's Articles of Association provide that if it affiliates 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 such notice will be made available to all students at the offices of the Union.

6.2.  The Union’s Articles of Association provide that where the Union is affiliated to any external organisation, a report shall be published annually or more frequently containing:

(i)  a list of the external organisations to which the Union is currently affiliated, and

(ii)  details of subscriptions or similar payments, or donations made, to such organisations in the past year since the last report, and such reports shall be made available to all students at the offices of the Union.

6.3.  Procedures for the review of affiliations to external organisations are set out in writing and a copy of these procedures is available at the offices of the Union.

7.  Complaints

7.1.  There is a complaints procedure available to all students who:

(i)  are dissatisfied in their dealing with the Union, or

(ii)  claim to be unfairly disadvantaged by reason of their having exercised the

right to opt out of the membership of the Union.

7.2.  The complaint mechanism required by the S.22 of the Education Act 1994 does not interfere with a licensee's obligations to the Licensing Authority concerning the lawful management of licensed premises. A licensee has the right to exclude persons from the licensed premises in appropriate circumstances.

7.3.  Details of this complaints procedure is attached at Appendix 1 and is also available to all students at the offices of the Union.

7.4.  The President of the Union will prepare an annual report to the University Solicitor on the operation of the complaints procedure and the number and type of complaints received in the previous academic year.

8.  The Companies Act 2006 and Charities Act 1993 as amended by the Charities Act 2006

8.1.  As a charitable company limited by guarantee, the Union shall comply with the requirements of the Companies Act 2006 and Charities Act 1993 as amended by the Charities Act 2006

8.2.  The President of the Union will prepare an annual report to the University Solicitor on the compliance with the Companies Act 2006 and the Charities Act 1993 as amended by the Charities Act 2006.

9.  The Union is subject to the law relating to Charities and regulation by the Charities Commission. As a broad general rule, expenditure of Union funds is likely to be permitted only if it furthers the interests of students in a way that assists in the educational aims of the University. Guidance has been produced by the Charity Commission and NUS concerning the restrictions which the law of charities places on students' unions which is available through the following link http://www.nusconnect.org.uk/asset/news/6054/charityactv.pdf

10.  The Education (No. 2) Act 1986 makes provision for the maintenance of freedom of speech in universities. A Code of Practice to ensure Freedom of Speech is published by the University and is available from the offices of the Union or through the following link [insert new link]

11.  This Code of Practice may be amended by the University from time to time after consultation with the Union.

CODE OF PRACTICE RELATING TO THE STUDENTS’ UNION

APPENDIX 1

Making a Complaint

The University of Central Lancashire Students' Union is committed to providing high quality services to students.

Sometimes things don’t work, we make a mistake or we get things wrong and students, customers and clients may want to complain about the service they have received. When this happens, the Students' Union will encourage the complainant to register the complaint if not resolved at first contact.

Where the Students' Union find that there are issues to be addressed, it will use the complaint to improve services and procedures in an organisation that constantly strives for high standards.

1.  How to complain

In the first instance you should complain to the person who delivers the service – they should respond positively to your complaint. If your complaint is not resolved and you wish to complain formally your complaint should be submitted in writing to the Chief Executive of the Union, using the Online Complaints Form mentioned at Appendix 2.

The flow chart sets out how the process works in easy to understand steps.

2.  Learning from Our Mistakes

In order that the Students' Union can learn from its mistakes the Chief Executive’s Office will keep accurate, complete and confidential records of any complaints received and any resulting correspondence/interviews/interactions. This enables identification of areas where customer service levels can be improved.

We also have a suggestion scheme where you can make suggestions about how to improve the union. This can be found at our website.

3.  Exceptions and Special Cases

In the event of a complaint being against the President or an elected officer of the Union the complaint should be addressed in writing to the Chair of Students’ Council.

Complaints about Elections will be dealt with by the Returning Officer under the terms of the Union’s Election Regulations (Bye-Law Three of the Union) available from the Unions’ website.

In the event of a complaint being made under Section 22(2) (m) of the Education Act 1994 in that you are:

(i)  Dissatisfied in your dealings with the Union; or

(ii)  Believe you have been unfairly disadvantaged by reason you exercising your right not to be a member of or represented by the Union,

the appointment of an independent person will be made by the Vice Chancellor (or nominee) or the Chair of the University Board to deal with your complaint.

CODE OF PRACTICE RELATING TO THE STUDENTS’ UNION

APPENDIX 2

Complaints Form for complaints relating to the Students’ Union.

If, having pursued the matter informally, you feel there are reasonable grounds for dissatisfaction, you may pursue the matter through the formal stage within 15 working days of the informal response being given.

Please fill in an online complaints form available at www.uclansu.co.uk/complaints. Once completed this will be sent to the Chief Executive of UCLan Students Union.