Regional Council Rules
Introduction
This document is a re-working of the principles agreed by the Organisation Committee for the constitution of Regional Councils, reinforced by subsequent meetings with Chief Officers and Senior Management and agreed at a meeting of the Organisation Committee held on 8 October 2009. Amendments to the rules were agreed at a meeting of the Organisation Committee held on 20 October 2010.Further amendments were agreed at a meeting of the Organisation Committee held on 11 February 2015.
Its style places the “rules” in one column and explanatory notes or interpretations in another column (with another column for referencing the Articles and Bye-laws. It should be emphasised that the “Rules” column takes precedence over any explanatory note and the Articles and Bye-laws take precedence over the Rules
Rules of the Regional Council / Notes / Ref to Arts& Bye-laws
1.
1.1 / Regional Councils are established under the Memorandum and Articles of Association and Bye-Laws of the British Medical Association. Their constitutions and boundaries are determined by the Organisation Committee on behalf of UK Council / Bye-law 16(1)
Article 28
1.2 / The [insert name] Regional Council is the regional council representing doctors in the [insert name] geographical area.
1.3 / The Regional Council shall consist of:
- An ASSEMBLY (all members within the region)
- An EXECUTIVE (of appointed and elected representatives)
- OFFICERS (elected by the ASSEMBLY Annual Meeting)
2. / ROLE OF THE REGIONAL COUNCIL
2.1 / The role of the Regional Council is to:
(i)Work on behalf of the BMA at regional level in pursuance of the Objects of the BMA as described in the Memorandum of Association.
(ii)Provide a focus for regional BMA visibility and activity as well as helping to deliver BMA policy regionally.
(iii)Work with and bring together the branches of practice, divisions and other local structures to facilitate dialogue between primary and secondary care and between branch of practice groups.
(iv)Provide representation and communication links between regional and UK structures including UK Council.
(v)Build strong professional relationships locally with external stakeholders.
(vi)Consider and, at the request of UK Council, act upon matters affecting the provision of health services within its region where the views of the BMA are sought or where UK Council considers that regional representations are necessary.
(vii)Contribute to the development of BMA policy via the ARM and other established policy-forming fora.
(viii) Appoint representatives to the Annual Representative Meeting (ARM). / (i) These describe what the BMA is for and about.
(ii) The Regional Council is not just about internal matters and should be a driver to engage doctors particularly focussing on issues affecting their day to day work.
(iii) In Branch of Practice matters the national Branch of Practiceor Standing Committee view prevails (by delegated authority of UK Council) and the Regional Council willdefer to this. For the avoidance of doubt, a Regional Council does not have any authority to act on any matter which falls within the delegated authority given to a Branch of Practice or Standing Committee.
(iv) Elected regional UK Council members are normally expected to be involved as part of their role as members of UK Council.
(v) This should include links with SHAs, CHCs (or equivalent), MPs, local government, etc.
(vi) includes facilitating dialogue with members locally on proposals to reorganise services, close hospitals etc.
(vii) BMA policy is developed through the Annual Representative Meeting and other conferences. Regional Councils should contribute to this by engaging with representatives to such meetings and submitting motions to the ARM (and possibly to other conferences and fora via the Joint Agenda Committee). Motions to UK Council are not generally appropriate, however, as Members of UK Council should be involved in their Regional Council.
(viii) Regional Councils will be advised of the number of seats reallocated to them for their distribution, by the UK Council Secretariat.
2.2 / Duties and Powers
UK Council, as the board of directors of the company and the Principal Executive Committee of the trade union, has a duty to administer the affairs of the Association and has overall responsibility for co-ordinating the work and policy implementation of the Association. Regional Councils shall act, at all times, under the instruction of, and report to, Council, or to such body as UK Council may delegate this role, as UK Council may from time to time decide. / The Chair of the Regional Council will provide written reports to UK Council at least annually and upon request. Any recommendations made by the Regional Council may be considered by UK Council or delegated to an appropriate body (or bodies) for further consideration by UK Council.
For the avoidance of doubt, UK Council may, in its absolute discretion, override any decision taken by the Regional Council.
2.3 / Policy
The Regional Council shall at all times act in accordance with BMA policy. The Regional Council does not have the authority to make BMA policy.
Where a Regional Council takes a position on a matter or matters relating to a solely regional issue(s) this will not form part of BMA policy. For the avoidance of doubt, any position so taken must not conflict with existing BMA policy.
2.4 / Accountability
The Regional Council is formally accountable to UK Council and shall provide, no later than 22 March in every year, an annual report to UK Council of its proceedings during the year ended on the previous 31 December. / Council may ask for more information about the work of the Regional Council beyond that included in the annual report.
3 / ASSEMBLY OF THE REGIONAL COUNCIL
3.1 / All BMA members whose addresses on the Association’s register of members are within the Regional Council’s geographical boundary will be members of the ASSEMBLY of the Regional Council.
3.2 / The ASSEMBLY of the Regional Council will meet during the year for such purposes as its EXECUTIVE shall determine for the purposes of fulfilling the role of the Regional Council.
The EXECUTIVE shall call one Annual Business Meeting of the ASSEMBLY of the Regional Council each year. The date, time and place of the Annual Business Meeting will normally be notified to all members with at least six weeks’ notice. / In practice this should be immediately after the summer in September or October. The Annual Business Meeting is for formal purposes (reports, elections etc) however a more general meeting of the Assembly would be on a topic (clinical, scientific, medico-political) of interest to all members, c.f. open meetings.
The Executive will work with Regional Services in identifying the purpose and times of the meetings.
3.3 / The Annual Business Meeting of the ASSEMBLY will:
(i) elect the OFFICERS of the Regional Council (every three years, see para 6.5 below) and consider reports of the OFFICERS and EXECUTIVE and such other reports as it shall consider necessary; and
(ii) elect six members of the ASSEMBLY to serve on the EXECUTIVE of the Regional Council (see para 5.5 below)
Nominations for the OFFICERS of the Regional Council and the six members of the EXECUTIVE elected by the Annual Business Meeting of the ASSEMBLY shall close five working days before the Annual Business Meeting / Generally the Annual Business Meeting and a more general assembly meeting should happen one straight after the other, (the Annual Business Meeting of the Assembly being brief and for transacting formal business; the Assembly Meeting being more “open” in its construct)
Candidates may nominate themselves for election and there is no requirement for a candidate to be nominated by another person.
The Organisation Committee is reviewing the practicalities of Proxy Voting and may make further changes to these rules after consultation and piloting.
3.4 / The number of members attending meetings of the ASSEMBLY (excluding the Annual Business Meeting) may, at the discretion of the EXECUTIVE, need to be limited for both practical and financial reasons.
Those who wish to attend the Annual Business Meeting must register their intention to attend the meeting in advance (normally not less than fourteen working days before the date of the meeting).
Members who have not registered beforehand may, at the discretion of the Chairman, attend and vote at the Annual Business Meeting subject to producing a current BMA membership card and signing a declaration that their registered address is within the geographical boundary of the Regional Council. / e.g. small or open-meetings on specific topics.
The approximate numbers attending the meeting need to be known in advance for practical purposes. If more people register to attend the meeting than expected and the venue cannot safely accommodate them, it might be necessary (for reasons of health and safety) either to postpone the meeting until a larger venue is available or limit the numbers attending. This would only happen in extreme circumstances and it is not normally expected that members who had not registered their intention to attend a meeting would be turned away. If members arrive who have not registered, but who can be accommodated, they may vote at the meeting.
The Organisation Committee is looking at the practicalities of proxy voting.
3.5 / The Regional Council year shall run from the close of the BMA’s Annual Representative Meeting (ARM) until the close of the next subsequent ARM. The ABM of the ASSEMBLY will be held as soon as practicable after the ARM. All office holders due to demit office will remain in office until the ABM and the election of their replacement. / In practice the ABM should be immediately after the summer in September or October.
4 / EXECUTIVE OF THE REGIONAL COUNCIL
4.1 / The Regional Council shall have an EXECUTIVE the role of which shall be to discharge the duties of the Regional Council on behalf of the ASSEMBLY / Duties are summarised in paragraph 2.1
4.2 / All members of the EXECUTIVE must be voting members of the BMA and must have their registered address within the geographical boundary of the Regional Council / Composition as per paragraph 5.
4.3 / Those wishing to serve on the EXECUTIVE must be committed to the work of the Regional Council and have time to commit to Regional Council activities (and division, where appropriate)
4.4 / Members of the EXECUTIVE will be subject to the conduct procedures set down in the BMA’s Articles of Association. / Article 13
4.5 / The EXECUTIVE will normally meet at least three times a year. At least six weeks’ notice of meetings shall normally be provided. Meetings of the EXECUTIVE may, at the discretion of the EXECUTIVE, take place by video or telephone conference. / The Executive should meet as necessary in order to discharge the business of the Regional Council, but it should not be necessary to meet more than three times per year. Video or telephone conferencing should be encouraged.
4.6 / The quorum for meetings of the EXECUTIVE shall be one third of the voting members of the EXECUTIVE present.
4.7 / Decisions of the EXECUTIVE shall be by simple majority of those voting members present. There shall be no casting votes.
4.8 / The Chairman shall determine the most expeditious way to conduct the business of the meeting. / A preference for informality within the general principles of professional good conduct, is preferred.
BMA Staff are integral to meetings and, via the General Managers, are empowered by the BMA to take all necessary action where there are concerns regarding the conduct of meetings.
5 / COMPOSITION OF THE EXECUTIVE COMMITTEE OF THE REGIONAL COUNCIL
With Voting Rights
5.1 / Regional Branch of Practice groups.
The following representatives of the Branch of Practice groups as defined by UK Council from time to time, appointed by those regional appointing bodies set out below and by such mechanism as the appointing body shall notify to the local BMA Centre. Where no regional body exists the UK Branch of Practice Committee for that Branch of Practice group will be asked to make the appointment.
2 representatives of consultants (appointed by RCSCs)
2 representatives of general practitioners (appointed by LMCs)
2 representatives of junior doctors (appointed by RJDCs)
1 representative of doctors in academic medicine
1 representative of doctors in the armed forces (where appropriate to the region concerned)
1 representative of medical students
1 representative of doctors in occupational medicine
1 representative of doctors in public health medicine / community health
1 representative of staff and associate specialist doctors (appointed by RSASCs)
Regional and national branch of practice committees and LMCs may appoint deputies to attend Executive committee meetings where a nominated representative is unable to attend.
Doctors in “other” medical practice and retired doctors shall be represented by those doctors elected to the RegionalCouncil’s EXECUTIVE – see para 5.5 below. / The normal representation is set out on the left. If any Regional Council Executive believes that it has good reasons to request a variation from this model, it should make written representations to the Organisation Committee.
LMCs might be asked to consider sessional representation amongst their number.
Regional Councils may feel a more appropriate regional nominating body exists, and application should be made to Organisation Committee (see 8.1) (e.g. where there is a Regional GPC)
5.2 / The Chair of the regional LNC forum (or nominee if not a BMA member)
5.3 / Where the Chair (or nominee) of the Regional LNC Forum is a hospital doctor, one additional GP appointed by the LMCs. Where the Chair of the Regional LNC Forum is a GP, one additional consultant appointed by the RCSC / This is to ensure a balance between primary and secondary sectors. Typically the Chairman of the LNC Forum will be a consultant, however there is (increasing) potential for this office holder to be from another Branch of Practice group.
5.4 / Those elected members of UK Council whose registered address is within the geographical boundaries of the Regional Council. / NB: “registered address” is the terminology used in the Articles and Bye-laws (Bye-law 20(1))
5.5 / Six members of the ASSEMBLY elected by the Annual Business Meeting of the ASSEMBLY under such constraints that one should, where possible, be a retired member and one should, where possible, be from “other” medical practice (as defined by UK Council from time to time). No more than one retired member and no more than one member from “other” medical practice shall be elected to the Executive under this rule. The six members shall be elected for a term of office of one year each, with eligibility for re-election.
Members of the Executive under rules 5.1- 5.4 are not eligible to stand for election to the Executive under this rule. A member elected to the Executive under this rule who is subsequently elected to UK Council may continue as a member of the Executive under this rule until the next ABM.
Officers of the Regional Council are not eligible to stand for election to the Executive under this rule.
Members are required to sign and print their name on ballot papers / If no retired member or no “other” member stands then that constraint does not apply.
The Articles and Bye-laws state elections are STV unless otherwise specified, and this may be conducted using one of the many computer programmes available. However, if STV is simply not practical, an alternative method such as “serial voting” or “first past the post” should be used. The method should be specified in the notice of the meeting.
It is highly likely that active division representatives will come via this route – if not, see 5.7 / Bye-law 98
5.6 / Those OFFICERS of the Regional Council if not already members of the EXECUTIVE by appointment as above.
5.7 / Without Voting Rights (Observers)
The EXECUTIVE may, at its absolute discretion, choose to invite a representative from any activeBMA division where none of the voting members of the EXECUTIVE has their address on the Association’s Register of Members within the geographical area of the division. / Members of the Executive should be encouraged to be active in their division
5.8 / All members elected or appointed to the EXECUTIVE must be voting members of the BMA and have their address on the Association’s Register of Members within the geographical area of the Regional Council.
Nomination forms for the EXECUTIVE submitted at the ABM prior to the start of the meeting shall only be accepted on production of a current BMA membership card and a signed declaration that the member’s registered address is within the geographical boundary of the Regional Council.
5.9 / Where a vacancy on the EXECUTIVE arises under rules 5.1-5.3, the nominating body may appoint a replacement.
Where a vacancy on the EXECUTIVE arises under rule 5.5 and the remaining term of office is six months or more, the member who came seventh in the election at the ABM shall be declared elected to the EXECUTIVE to fill the vacancy for the remaining period of office. In the event that there was a tie for seventh position, lots will be drawn to determine who fills the vacancy.
Where the remaining term of office is less than six months, or there was no contested election at the ABM, then the vacancy on the EXECUTIVE shall remain unfilled until the next ABM.
Where there is a vacancy on the EXECUTIVE under rule 5.5 due to there being no further eligible candidates for election at the ABM (after the application of constraints), the Regional Council shall be allowed to co-opt in a non-voting status suitably qualified individuals into those seats until the next ABM without application of constraints but taking into account the “balance” of branches of practice on the EXECUTIVE.
6 / OFFICERS OF THE REGIONAL COUNCIL
6.1 / The ASSEMBLY shall elect at the Annual Business Meeting every three years and by secret ballot:
- A Chairman (who may, by local tradition, also be called “President”)
- An Honorary secretary
These shall be the OFFICERS of the Regional Council and shall be responsible for the day-to-day activities of the Regional Council in close co-operation with the local BMA Centre. OFFICERS must be voting members of the BMA.
Nominations for OFFICERS close five working days before the date of the Annual Business Meeting. / The Regional Council may also appoint a Deputy Chair and Press Secretary from the Executive subject to a written request being made to the Organisation Committee to vary the constitution (and the view of Regional Services). There shall be no more than four officers of the regional council.
6.2 / A member elected to an OFFICER post who was also a candidate for one of the six ASSEMBLY members of the EXECUTIVE under rule 5.5 shall withdraw from the EXECUTIVE election.
6.3 / Where an OFFICER post is not filled at the ABM or becomes vacant during the year, the EXECUTIVE may elect one of their members to the post to hold office until the next ABM. Nominations shall be invited at the next ABM for any such OFFICER post, to hold office for the remaining term of office.
6.4 / The meeting will be opened by the GeneralManager or the Regional Co-ordinator or their nominee until the election of a Chairman.
6.5 / OFFICERS shall hold office for three years from the date of their election and shall be eligible to stand for re-election on two occasions only
6.6 / As far as is practicable, the ASSEMBLY should take account of the Branch of Practice of the OFFICERS that it elects to allow a breadth of experience and balance in the running of the Regional Council.
6.7 / The OFFICERS are empowered to deal with urgent matters between meetings
7 / REGIONAL COUNCIL WORK PLAN AND RESOURCING
7.1 / The OFFICERS and EXECUTIVE will work in partnership with Regional Services staff to draw up a realistic plan of work of regional activity for the year ahead. The plan should be agreed and costed in time for budget submission in line with the BMA’s annual budget setting process, and with due regard to good husbandry of financial and other resources.
7.2 / The Regional Council will work closely with the local BMA Centre which will provide professional and administrative support to the Regional Council. A service specification and work programme will be agreed between the local BMA Centre and Regional Council setting out the level of service and support that will be provided.
7.3 / Budgets will be held and administered by the local BMA Centre. The construction of the budget submission will be undertaken by the Regional Services General Manager(s) in consultation with the Regional Council OFFICERS. / Budget plans are developed by General Managers for all aspects of regional activity, considered and agreed by the Finance Committee of UK Council. Bids for non-standard funding must be submitted to the Finance Department
8 / THESE RULES
8.1 / Variation to these rules may be made by the Organisation Committee on behalf of UK Council. The Regional Council may make written application to the Organisation Committee to make such variations as are necessary for the effective and fair discharge of its responsibilities locally. / The Organisation Committee will consider variations to model rules where there is a clear local case made which is within the spirit of the rules and the effective governance of the BMA. Such allowance will generally be subject to a review to ensure the efficacy of any changes.
November 2009, as amended February 2015.