Branch Byelaws
ORIHUELA COSTA & DISTRICT BRANCH
OVERSEAS BRANCH BYE-LAWS
The following Branch Bye-laws are supplementary to The 2003 Royal Charter of Incorporation and Schedules, hereafter known as "the Royal Charter". They are binding on the Officers and Members of the Orihuela Costa & District Branch.
All proposed alterations and amendments to these Bye-laws shall, after being passed by a two-thirds majority of those members present qualified to vote and voting on the appropriate motion at the Annual General Meeting (AGM) of the Branch, be submitted to, and approved by, the Membership Council on behalf of the Board of Trustees in accordance with the Royal Charter. The Bye-laws should be submitted to the District Committee for approval.
TITLE
1. The name of the Branch is: Orihuela Costa & District
"The Royal British Legion Orihuela Costa & District. Branch" (BR3600), to be referred to in these Bye-laws as "the Branch".
LOCATION
2. Branch Meetings are held at:
Address: Olympia Restaurant Mil Palmeris Alicante Spain
Frequency of Branch Meetings: 3rd Thursday of every month. 7 for 7.30 pm
MEMBERS
3. Membership of the Branch shall be open to persons eligible to join The Royal British Legion as specified in the Royal Charter.
4. A Member who wishes to resign from membership of the Branch shall inform the Branch Secretary in writing of his/her wish and return their Membership Card and Legion Badge. Resignation must be accepted unless the Member concerned is the subject of an investigation under the Legion's Complaints Procedures in which case the wish to resign must be referred to the body hearing the complaint
5. A former member of The Royal British Legion may not claim back the subscriptions or other money they have paid to the Legion unless the money was paid to the Legion as a loan.
6. A Member wishing to transfer Membership to another Legion Branch must, as soon as possible, advise the Branch Secretary of the Branch willing to accept the transfer of the proposed date of transfer in order that the prescribed administrative action is taken.
7. A Member must, on changing their place of residence, inform the Branch Secretary in order that the Branch Membership and National Data Records can be amended; also that the Legion Magazine can be delivered to the new address.
BRANCH STRUCTURE
8. The Officers of the Branch shall be the President, Chairman, Vice-Chairman, Secretary and Treasurer. The Chairman, Vice Chairman, Secretary and Treasurer shall be elected to the Branch Committee at the Branch AGM together with not less than three (3) and not more than twelve (12) other members of the Branch. The Branch Committee may appoint a President to serve for as many years in three year terms as decided by the Branch Committee. The Branch President is an officer of the Branch but is not a member of the Branch Committee. He/she is entitled to speak, but not propose, second or vote, at meetings of the Branch Committee.
9. The duty of the Branch Committee is to promote actively the objects of The Royal British Legion within the Branch's geographical area, as prescribed in The Royal Charter.
10. The Branch Committee are trustees of Branch assets unless trusteeship is vested in others, and must follow in every respect the Duties and Responsibilities of Trustees as required by the Board of Trustees and the UK Charities Act. They shall be ineligible for election or appointment if they are under the age of 18 years or if in accordance with the Charities Act they:
a. Have an unspent conviction for an offence involving dishonesty or deception.
b. Have been disqualified as a company director under the Company Directors Disqualification Act.
c. Are an undischarged bankrupt.
d. Have been removed from trusteeship of a charity by a Court of the Commissioners.
BRANCH COMMITTEE
11. The government and management of the Branch shall be entrusted to the Branch Officers and the Branch Committee of whom four (4) shall form a quorum. They shall exercise a controlling oversight over the affairs of the Branch in accordance with the objects of the Legion and carry out any directions given by the Board of Trustees. The Branch Committee will meet at least quarterly but preferably monthly if it is properly to fulfil its obligations (e.g. there must be no delay in processing the applications of new members).
12. The AGM of the Branch must be held within two months after the close of the Legion's financial year (30th September) for the purpose of:
a. Receiving Reports of Branch activities during the past year.
b. Receiving the Branch Financial Report for the past year and adopting the audited/examined Branch Accounts as agreed by the Branch Committee and signed by the Branch Officers.
c. When necessary electing the Chairman, Vice-Chairman, Secretary and Treasurer.
d. When necessary electing the Branch Committee for the ensuing year.
e. Nominating candidates for the Board of Trustees and the National Conference Committee.
f. Appointing of the Branch Standard Bearer, and possibly a Deputy.
g. Appointing Delegate(s) to represent the Branch at the Legion's Annual Conference.
h. Deciding upon any proposal or relevant matter, and transacting any other competent business which has been duly submitted to the Meeting.
13. After its AGM, the new Branch Committee will:
a. Appoint a sub-committee to be known as the Branch Welfare Committee, whose task will be to carry out the Legion's welfare work, as defined by the Objects of the Charity, in the Branch's designated area. The Branch Welfare Committee must submit a report on its actions to the Branch Committee for confirmation or otherwise, bearing in mind the beneficiaries' confidentiality. If confirmed, the proceedings of the Branch Welfare Committee will become the proceedings of the Branch Committee. All welfare expenditure at Branch level must be under the authority of the Branch Officers as signatories. The members of the Branch Welfare Committee will appoint the Welfare Committee's Officers, and select members to be trained as 'Case-workers' whose task, when trained, will be to investigate, assist and bring to a final conclusion, all welfare cases brought before the Committee, ensuring that all necessary steps are taken to preserve confidentiality. The Branch will forward details of all case work (Form A) to the District Welfare Co-ordinator
b. Complete the Branch Information (MS1) pro-forma in its entirety, taking particular care that all elected and appointed Members of the Branch Committee complete Part 4 'Certificate of Acknowledgement of Responsibility'.
14. The Branch Committee may appoint such sub-committees and specially selected individual members as may be necessary for the proper organisation and administration of Branch affairs (e.g. Membership Secretary, Events Organiser, Parade Marshal, etc.).
15. The Branch Committee shall liaise and co-operate with the Poppy Appeal department (Aylesford, Kent), recommending as necessary the appointment of the Branch Poppy Appeal Organiser. At the close of the Poppy Appeal period, the Branch Committee are to follow the Poppy Appeal Retention procedures and the completion of the Form SC22, forwarding it to the District Secretary by 31st December.
16. The Branch may, at a Special General Meeting convened for that purpose, by resolution of the Branch Committee, or at the request of not less than two-thirds of the Members and Life Members of the Branch, remove from office any Branch Committee Member, and may elect another Member in place of any person so removed, or who has resigned or ceased to be a Member of the Committee.
17. In the event of a vacancy arising on the Branch Committee the same shall be filled for the remaining period of the Branch's electoral year, by appointment of the Branch Committee, which will be subject to confirmation by election at the next Branch AGM.
18. The Chairman shall preside at all meetings of the Branch and of the Branch Committee at which he is present. In his/her absence the Vice-Chairman will preside; and in the absence of both officers the meeting shall elect a chairman from the members present. Exceptionally the Branch President may preside at the Branch AGM or a Special General Meeting if a situation so warrants.
19. The Chairman, or other Member in the Chair, shall be entitled to vote on any question, and in the event of an equal number of votes being cast on any matter, the motion shall be 'not carried'. In the event of a tied vote for an election to office, the members will be invited to vote again by secret ballot, and if this procedure still produces a tie, the matter shall be decided by lot. There shall not be a "casting vote" from the Chair. Postal Voting may be used at the discretion of the Branch Committee, both at an AGM and a General Meeting of the Branch. When using a Postal Voting procedure the Branch Committee are to provide sufficient information to the members from which they may make an informed decision.
20. No Official of the Branch shall be in arrears with his/her subscription, except on pain of forfeiture of the position held.
CONFLICT OF INTEREST
21. The Branch Committee, as trustees at Branch level, are to be ever vigilant that they constantly serve the interests of the Charity at all times. Should the Branch have an associated club they may not serve as members of that club committee as this could place individuals in a position of conflict of interest and potential breach of trust. When faced with such a situation, advice should be sought from the District Committee or the Membership Support Administrator (Overseas Branches) at head office.
22. Employees of tenants occupying Legion properties are not permitted to serve as members of an associated Legion Branch Committee.
POPPY APPEAL AND WELFARE WORK
23. The Branch shall be responsible for actively supporting the Poppy Appeal and, through its Branch Welfare Committee and Caseworkers, for the co-ordination of all welfare work within its geographical area in liaison and co-operation with the District Welfare Co-ordinator (see Bye-law 13.a. for additional information). Branches are to deposit their Poppy Appeal collection into the nominated District Poppy Appeal Account as instructed by the District Committee. The Branch Committee are to complete the Form SC22 procedure (Retention of Poppy Appeal Funds) and forward the SC22 to the District Secretary with the completed Branch Account return.
LIABILITY AND INDEMNITY
24. The Branch or any Sub-Branch, Committee, or Officer of the Branch or Sub-Branch, shall have no power, express or implied, to pledge the credit of the Legion, nor to incur any financial liability whatsoever in the name of, or on behalf of, the Legion or any Officer of the Legion, without the specific or delegated authority of the Board of Trustees.
LETTER HEADING
25. All correspondence shall bear the Branch's title, address, a statement that the Legion is a registered charity, the Legion's Registered Charity Number 219279, together with the Branch's Legion computerised serial number (as issued by Head Office, e.g. BR - - - -) in clear legible characters; and the signatories of all correspondence shall clearly designate their appointment in legible and prominent characters. If applicable, the Local Authority Registration should also be shown on all correspondence in accordance with local custom. The statement that the Legion is a registered charity and the Legion's Registered Charity Number must be printed on all cheques. No one is authorised to use The Royal British Legion headed paper in a manner which may be misleading, or may give the recipient the impression that they have a contract with the corporate body of The Royal British Legion.
FUND RAISING
26. The Branch and members are prohibited from raising funds in the name of the Legion for purposes other than those defined in the Legion's Objects, and from using The Royal British Legion titled headed notepaper or accommodation for such a purpose. Any funds raised contrary to this Rule and credited to any Legion Account shall only be used in accordance with the Legion's Objects. Any funds raised by the Branch as a result of fund raising activities during the period 14th October - 14th November ("Closed Period") must be credited to the Poppy Appeal. All monies received or raised for the Branch Fund shall be disbursed and/or invested strictly in accordance with instructions from the Board of Trustees. Examples of the approved methods of raising funds are listed in the Management Handbook.
PROPERTY - TRUSTEESHIP
(To be read in conjunction with the relevant Serial of the Management Handbook)
27. No loan or grants for the purchase or improvement of property can be made available from Head Office. However, they can assist by acting (in the name of the Board of Trustees) as Custodian Trustees, which is continuing Trusteeship, or by providing free legal advice and paying The Royal British Legion Solicitor's costs (but not VAT and individual expenses) for the first vesting of property in Legion Trustees for the Branch. Branches are strongly recommended to vest their property in The Royal British Legion in corporate trusteeship in order to avoid legal problems inevitable in having local trustees, and to safeguard the property for Legion purposes in the longer term;
28. If the Board of Trustees, acting through a Branch Committee, decide to lease a property under corporate trusteeship, to a Legion Club or other tenant it must not allow possession until a lease or tenancy agreement has been completed. The Charity Commission have clearly stated that a fair and proper market valuation must be carried out to determine the amount of rent which will be charged accordingly;
29. The Branch must contact the Overseas Branches Administrator at Head Office for advice and assistance in all property matters. Information on the problems likely to arise and the correct procedure to be taken will prove most useful at a later date. If the Branch Committee wishes to obtain guidance on the manner in which Branch business or property should be dealt with, even if an approach to the Charity Commission or local equivalent is required, they must in all cases initially contact Head Office.
Annex:
A. Duties of Branch Officers.
Annex A to ……….. Branch By-Laws
OVERSEAS BRANCH BYE-LAWS
The following Branch Bye-laws are supplementary to The 2003 Royal Charter of Incorporation and Schedules, hereafter known as "the Royal Charter". They are binding on the Officers and Members of the Orihuela Costa & District Branch.
All proposed alterations and amendments to these Bye-laws shall, after being passed by a two-thirds majority of those members present qualified to vote and voting on the appropriate motion at the Annual General Meeting (AGM) of the Branch, be submitted to, and approved by, the Membership Council on behalf of the Board of Trustees in accordance with the Royal Charter. The Bye-laws should be submitted to the District Committee for approval.
TITLE
1. The name of the Branch is: Orihuela Costa & District
"The Royal British Legion Orihuela Costa & District. Branch" (BR3600), to be referred to in these Bye-laws as "the Branch".
LOCATION
2. Branch Meetings are held at:
Address: Olympia Restaurant Mil Palmeris Alicante Spain
Frequency of Branch Meetings: 3rd Thursday of every month. 7 for 7.30 pm
MEMBERS
3. Membership of the Branch shall be open to persons eligible to join The Royal British Legion as specified in the Royal Charter.
4. A Member who wishes to resign from membership of the Branch shall inform the Branch Secretary in writing of his/her wish and return their Membership Card and Legion Badge. Resignation must be accepted unless the Member concerned is the subject of an investigation under the Legion's Complaints Procedures in which case the wish to resign must be referred to the body hearing the complaint
5. A former member of The Royal British Legion may not claim back the subscriptions or other money they have paid to the Legion unless the money was paid to the Legion as a loan.
6. A Member wishing to transfer Membership to another Legion Branch must, as soon as possible, advise the Branch Secretary of the Branch willing to accept the transfer of the proposed date of transfer in order that the prescribed administrative action is taken.
7. A Member must, on changing their place of residence, inform the Branch Secretary in order that the Branch Membership and National Data Records can be amended; also that the Legion Magazine can be delivered to the new address.
BRANCH STRUCTURE
8. The Officers of the Branch shall be the President, Chairman, Vice-Chairman, Secretary and Treasurer. The Chairman, Vice Chairman, Secretary and Treasurer shall be elected to the Branch Committee at the Branch AGM together with not less than three (3) and not more than twelve (12) other members of the Branch. The Branch Committee may appoint a President to serve for as many years in three year terms as decided by the Branch Committee. The Branch President is an officer of the Branch but is not a member of the Branch Committee. He/she is entitled to speak, but not propose, second or vote, at meetings of the Branch Committee.
9. The duty of the Branch Committee is to promote actively the objects of The Royal British Legion within the Branch's geographical area, as prescribed in The Royal Charter.
10. The Branch Committee are trustees of Branch assets unless trusteeship is vested in others, and must follow in every respect the Duties and Responsibilities of Trustees as required by the Board of Trustees and the UK Charities Act. They shall be ineligible for election or appointment if they are under the age of 18 years or if in accordance with the Charities Act they:
a. Have an unspent conviction for an offence involving dishonesty or deception.
b. Have been disqualified as a company director under the Company Directors Disqualification Act.
c. Are an undischarged bankrupt.
d. Have been removed from trusteeship of a charity by a Court of the Commissioners.
BRANCH COMMITTEE
11. The government and management of the Branch shall be entrusted to the Branch Officers and the Branch Committee of whom four (4) shall form a quorum. They shall exercise a controlling oversight over the affairs of the Branch in accordance with the objects of the Legion and carry out any directions given by the Board of Trustees. The Branch Committee will meet at least quarterly but preferably monthly if it is properly to fulfil its obligations (e.g. there must be no delay in processing the applications of new members).
12. The AGM of the Branch must be held within two months after the close of the Legion's financial year (30th September) for the purpose of:
a. Receiving Reports of Branch activities during the past year.
b. Receiving the Branch Financial Report for the past year and adopting the audited/examined Branch Accounts as agreed by the Branch Committee and signed by the Branch Officers.
c. When necessary electing the Chairman, Vice-Chairman, Secretary and Treasurer.
d. When necessary electing the Branch Committee for the ensuing year.
e. Nominating candidates for the Board of Trustees and the National Conference Committee.
f. Appointing of the Branch Standard Bearer, and possibly a Deputy.
g. Appointing Delegate(s) to represent the Branch at the Legion's Annual Conference.
h. Deciding upon any proposal or relevant matter, and transacting any other competent business which has been duly submitted to the Meeting.
13. After its AGM, the new Branch Committee will:
a. Appoint a sub-committee to be known as the Branch Welfare Committee, whose task will be to carry out the Legion's welfare work, as defined by the Objects of the Charity, in the Branch's designated area. The Branch Welfare Committee must submit a report on its actions to the Branch Committee for confirmation or otherwise, bearing in mind the beneficiaries' confidentiality. If confirmed, the proceedings of the Branch Welfare Committee will become the proceedings of the Branch Committee. All welfare expenditure at Branch level must be under the authority of the Branch Officers as signatories. The members of the Branch Welfare Committee will appoint the Welfare Committee's Officers, and select members to be trained as 'Case-workers' whose task, when trained, will be to investigate, assist and bring to a final conclusion, all welfare cases brought before the Committee, ensuring that all necessary steps are taken to preserve confidentiality. The Branch will forward details of all case work (Form A) to the District Welfare Co-ordinator
b. Complete the Branch Information (MS1) pro-forma in its entirety, taking particular care that all elected and appointed Members of the Branch Committee complete Part 4 'Certificate of Acknowledgement of Responsibility'.
14. The Branch Committee may appoint such sub-committees and specially selected individual members as may be necessary for the proper organisation and administration of Branch affairs (e.g. Membership Secretary, Events Organiser, Parade Marshal, etc.).
15. The Branch Committee shall liaise and co-operate with the Poppy Appeal department (Aylesford, Kent), recommending as necessary the appointment of the Branch Poppy Appeal Organiser. At the close of the Poppy Appeal period, the Branch Committee are to follow the Poppy Appeal Retention procedures and the completion of the Form SC22, forwarding it to the District Secretary by 31st December.
16. The Branch may, at a Special General Meeting convened for that purpose, by resolution of the Branch Committee, or at the request of not less than two-thirds of the Members and Life Members of the Branch, remove from office any Branch Committee Member, and may elect another Member in place of any person so removed, or who has resigned or ceased to be a Member of the Committee.
17. In the event of a vacancy arising on the Branch Committee the same shall be filled for the remaining period of the Branch's electoral year, by appointment of the Branch Committee, which will be subject to confirmation by election at the next Branch AGM.
18. The Chairman shall preside at all meetings of the Branch and of the Branch Committee at which he is present. In his/her absence the Vice-Chairman will preside; and in the absence of both officers the meeting shall elect a chairman from the members present. Exceptionally the Branch President may preside at the Branch AGM or a Special General Meeting if a situation so warrants.
19. The Chairman, or other Member in the Chair, shall be entitled to vote on any question, and in the event of an equal number of votes being cast on any matter, the motion shall be 'not carried'. In the event of a tied vote for an election to office, the members will be invited to vote again by secret ballot, and if this procedure still produces a tie, the matter shall be decided by lot. There shall not be a "casting vote" from the Chair. Postal Voting may be used at the discretion of the Branch Committee, both at an AGM and a General Meeting of the Branch. When using a Postal Voting procedure the Branch Committee are to provide sufficient information to the members from which they may make an informed decision.
20. No Official of the Branch shall be in arrears with his/her subscription, except on pain of forfeiture of the position held.
CONFLICT OF INTEREST
21. The Branch Committee, as trustees at Branch level, are to be ever vigilant that they constantly serve the interests of the Charity at all times. Should the Branch have an associated club they may not serve as members of that club committee as this could place individuals in a position of conflict of interest and potential breach of trust. When faced with such a situation, advice should be sought from the District Committee or the Membership Support Administrator (Overseas Branches) at head office.
22. Employees of tenants occupying Legion properties are not permitted to serve as members of an associated Legion Branch Committee.
POPPY APPEAL AND WELFARE WORK
23. The Branch shall be responsible for actively supporting the Poppy Appeal and, through its Branch Welfare Committee and Caseworkers, for the co-ordination of all welfare work within its geographical area in liaison and co-operation with the District Welfare Co-ordinator (see Bye-law 13.a. for additional information). Branches are to deposit their Poppy Appeal collection into the nominated District Poppy Appeal Account as instructed by the District Committee. The Branch Committee are to complete the Form SC22 procedure (Retention of Poppy Appeal Funds) and forward the SC22 to the District Secretary with the completed Branch Account return.
LIABILITY AND INDEMNITY
24. The Branch or any Sub-Branch, Committee, or Officer of the Branch or Sub-Branch, shall have no power, express or implied, to pledge the credit of the Legion, nor to incur any financial liability whatsoever in the name of, or on behalf of, the Legion or any Officer of the Legion, without the specific or delegated authority of the Board of Trustees.
LETTER HEADING
25. All correspondence shall bear the Branch's title, address, a statement that the Legion is a registered charity, the Legion's Registered Charity Number 219279, together with the Branch's Legion computerised serial number (as issued by Head Office, e.g. BR - - - -) in clear legible characters; and the signatories of all correspondence shall clearly designate their appointment in legible and prominent characters. If applicable, the Local Authority Registration should also be shown on all correspondence in accordance with local custom. The statement that the Legion is a registered charity and the Legion's Registered Charity Number must be printed on all cheques. No one is authorised to use The Royal British Legion headed paper in a manner which may be misleading, or may give the recipient the impression that they have a contract with the corporate body of The Royal British Legion.
FUND RAISING
26. The Branch and members are prohibited from raising funds in the name of the Legion for purposes other than those defined in the Legion's Objects, and from using The Royal British Legion titled headed notepaper or accommodation for such a purpose. Any funds raised contrary to this Rule and credited to any Legion Account shall only be used in accordance with the Legion's Objects. Any funds raised by the Branch as a result of fund raising activities during the period 14th October - 14th November ("Closed Period") must be credited to the Poppy Appeal. All monies received or raised for the Branch Fund shall be disbursed and/or invested strictly in accordance with instructions from the Board of Trustees. Examples of the approved methods of raising funds are listed in the Management Handbook.
PROPERTY - TRUSTEESHIP
(To be read in conjunction with the relevant Serial of the Management Handbook)
27. No loan or grants for the purchase or improvement of property can be made available from Head Office. However, they can assist by acting (in the name of the Board of Trustees) as Custodian Trustees, which is continuing Trusteeship, or by providing free legal advice and paying The Royal British Legion Solicitor's costs (but not VAT and individual expenses) for the first vesting of property in Legion Trustees for the Branch. Branches are strongly recommended to vest their property in The Royal British Legion in corporate trusteeship in order to avoid legal problems inevitable in having local trustees, and to safeguard the property for Legion purposes in the longer term;
28. If the Board of Trustees, acting through a Branch Committee, decide to lease a property under corporate trusteeship, to a Legion Club or other tenant it must not allow possession until a lease or tenancy agreement has been completed. The Charity Commission have clearly stated that a fair and proper market valuation must be carried out to determine the amount of rent which will be charged accordingly;
29. The Branch must contact the Overseas Branches Administrator at Head Office for advice and assistance in all property matters. Information on the problems likely to arise and the correct procedure to be taken will prove most useful at a later date. If the Branch Committee wishes to obtain guidance on the manner in which Branch business or property should be dealt with, even if an approach to the Charity Commission or local equivalent is required, they must in all cases initially contact Head Office.
Annex:
A. Duties of Branch Officers.
Annex A to ……….. Branch By-Laws
- THE ROYAL BRITISH LEGION