Constitution and Regulations (adopted on 10 July 1994)
(Last revised April 2011)
1. The association shall be known as the 'UK Federation of Chinese Schools', hereafter referred to as the Federation and its Chinese title shall be 英國中文學校聯會.
2 The Federation shall be an independent, non-sectarian, non-political, non-profit making charitable body. All Chinese language schools, associations and individuals who agree to the objectives and aims of the Federation may apply as members.
Aims and Objectives
3.1 The aim of the Federation is to promote Chinese language teaching and Chinese culture.
3.2 The objectives of The Federation shall be to:
(1) develop and distribute Chinese language teaching materials;
(2) support members through providing a forum for them to exchange views on issues related to Chinese language teaching, teachers training, curriculum development, cultural and recreational activities, school administration and resource management;
(3) represent members' interest on issues of common concern;
(4) establish links with other relevant organisations.
Membership
4 All Chinese language schools, associations and individuals who agree with the aims of the Federation and abide by its constitution and regulations may apply as members. There are five categories of membership:
4.1 Full Member
A non-profit making voluntary Chinese language community school established in the UK, having a school name recognised by the public, a school administration and that the aggregate number of teaching hours is not less than 30 in a year, may apply for Full Membership and can nominate one school representative.
4.2 Affiliate Member
Staffs of a Full Member school are Affiliate Members and shall not be required to pay annual subscription. Membership shall be withdrawn upon the individual member leaving the school or withdrawal of the school from the Federation.
4.3 Associate Member
(1) An association not qualified for Full Membership under para 4.1 may apply for Associate Membership and can nominate one representative
(2) An individual not qualified under para 4.2 may apply for Associate Membership
4.4 Honorary Member
The Executive Council may elect as Honorary Member any individual who has made a significant contribution towards the Federation, and such election must be approved by the Executive Council and be announced at an AGM.
4.5 Patron
The Executive Council may elect as Patron any individual who has made an outstanding contribution towards the Federation, and such election must be approved by the Executive Council and be announced at an AGM.
4.6 Acceptance of membership application is at the sole discretion of the Executive Council.
Membership Subscription
4.7 The annual subscription of Full Member and Associate Member admitted under para 4.1 and 4.3 shall be as prescribed in Regulation (A).
Member's Rights
4.8 Full Members shall pay the prescribed subscription in full to enable them to exercise the stipulated rights of nomination, voting and participation in the Federation's activities. Each school should have only one vote.
4.9 Associate Members shall pay the prescribed subscription in full to exercise the stipulated rights of participation in the Federation's activities.
4.10 Affiliate Members, Associate Members, Honorary Members and Patrons shall have no rights of election and nomination.
Suspension and Revocation of Membership
4.11 The Executive Council may suspend a member's membership if
(1) the member's conduct is considered to be contravening the objectives of the Federation; or
(2) the member's conduct is considered to be detrimental to the well-being of the Federation; or
(3) the member has not paid the prescribed subscription; or
(4) the school represented by the member ceases operation; or
(5) the school represented by the member fails to meet the prescribed criterion.
4.12 If a resolution of the Executive Council is passed at a General Meeting, the membership (section 4.1 to 4.5) can be revoked.
Organization and Structure Regional Representative
5.1 The country shall be divided into geographical constituencies consisting of Full Member schools, each electing its own regional representatives. Demarcation of geographical boundaries and the number of Regional Representatives from each constituency shall be decided at the Annual General Meeting, taking into consideration that all member schools must be adequately represented.
5.2 Each Full Member school can take part in voting for the Regional Representative. A Full Member meeting the requirement in para 4.1 can nominate, or be nominated as, a candidate for election to the Executive Council.
5.3 Election shall be by secret ballot and may be conducted by postal delivery.
5.4 The Secretariat may appoint a member who has not been nominated for election to act as Returning Officer who shall ensure that the election is conducted fairly.
5.5 Each Full Member school shall only have one vote in the election.
5.6 Each Full Member school shall, at any one time, have no more than one candidate for election to the Executive Council.
Executive Council
6.1 The Executive Council, hereafter referred to as ' the Council ', shall act in accordance with the objectives of the Federation and determine policies, financial management and other conduct of business. The Executive Council is responsible to all members.
6.2 The Council shall comprise nine members, all being Regional Representatives elected from the geographical constituencies. The Council shall consist of the following Officers: President, Vice-President, Secretary and Treasurer.
6.3 The term of office shall be three years. No Council member shall remain in the Council for more than six years consecutively.
6.4 Members of the Council shall elect among themselves a President and Vice-president whose term of office shall be one year.
6.5 If membership of the school which a Council member is representing has been withdrawn in accordance with para 4.11, the Council member shall cease to be a member of the Council.
6.6 Should a vacancy arise, the Council may, with reference to the last polling result, appoint the candidate with the next highest vote or a School Representative.
6.7 The Council may co-opt any individual to assist in discharging its duties; such individual shall have no voting rights in Council proceedings.
6.8 Each year, one-third of the Council members shall retire by rota and the consequential vacancies shall be filled by newly elected Regional Representative(s) from the geographical constituencies concerned.
6.9 The Council shall meet at least twice a year and the quorum is not less than half of the Council, including any two of the Officers.
6.10 The Council shall decide by simple majority voting, in case of spilt votes, the President shall have the casting vote.
Standing Committees
7.1 The Council may appoint or disband the following Standing Committees:
1) Secretariat
chaired by the Secretary-General and is responsible for day-to-day administration of the Federation under delegated authority from the Council;
2) Education Committee
headed by a Chairman, and is responsible for development of teaching materials and curriculum;
3) Cultural and Recreational Committee
headed by a Chairman and be responsible for cultural and recreational activities;
4) Finance and Fund-Raising Committee
chaired by the Honorary Treasurer and be responsible for financial management and fund-raising events.
7.2 The Chair of other Standing Committees shall be a Council member.
7.3 The term of office of all Standing Committees and their members shall be one year and may be re-appointed by the Council.
7.4 The Standing Committees shall be responsible to the Council.
7.5 A Standing Committee may co-opt any individual to assist in discharging its duties and such individual shall have no voting rights in committee proceedings.
7.6 The Standing Committee shall decide by simple majority voting, in case of spilt votes, the chairman shall have the casting vote.
Working Committees
8.1 The Council or a Standing Committee may appoint or disband a Working Committee which shall be chaired by a member of the Council or the Standing Committee making the appointment.
8.2 The term of office of all Working Committees and their members shall be one year and may be re-appointed by the Council, and shall cease operation upon completion of the task it is charged. Should the Council or Standing Committee making the appointment of the Working Committee be disbanded, the Working Committee shall also cease.
8.3 A Working Committee shall be responsible to the Council or Standing Committee making the appointment.
8.4 A Working Committee may co-opt any individual to assist in discharging its duties and such individual shall have no voting rights in committee proceedings.
8.5 The Working Committee shall decide by simple majority voting, in case of spilt votes, the chairman shall have the casting vote.
General Meeting
Notice of Meeting
9.1 A meeting shall be called with at least four weeks of notice.
9.2 The Council shall call an Annual General Meeting between March and April each year.
9.3 The Council may call a General Meeting at any time, having given the prescribed notice.
9.4 Upon receipt of a written request from not less than 20% of Full Members for an extraordinary meeting, the Council shall convene such a meeting within ten weeks with prior notice of four weeks.
Quorum
9.5 A general meeting shall only conduct business if there is a quorum which shall be 20% of the Full Members. Should a general meeting be inquorate, the meeting shall not make biding decisions and the Council shall call another meeting within 10 weeks. Should the second meeting be still inquorate, the meeting is considered to have a quorum for normal conduct of business.
Agenda
9.6 Any member can submit an agenda for discussion at a general meeting and must submit a written request to the Secretariat at least two weeks prior to the meeting.
9.7 The following matters raised at a general meeting shall be decided by simple majority voting:
1) ratification of the withdrawal of membership
2) ratification of appointment of Council member
3) acceptance of report from Standing Committee
4) acceptance of President's report
5) approval of financial statement and budget
6) perusal of future plan
7) appointment of auditor
8) revision of Regulation
9) agenda raised by member
9.8 The following matters raised at a general meeting shall be decided by a two-thirds majority:
1) amendment of constitution
2) dissolution of the Federation
3) disposal of asset upon dissolution of the Federation
9.9 At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded by the Chairman or by any member present in person or by proxy. Unless a poll be so demanded a declaration by the Chairman that a resolution has on a show of hands been carried or carried unanimously or by a particular majority, or lost or not carried by a particular majority and an entry to that effect in the book containing the minutes of proceedings of the Federation shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
9.10 The demand for a poll may be withdrawn with approval of Executive Committee Members except 9.10.3.
9.10.1 Except as provided in 9.10.3, if a poll is duly demanded it shall be taken in such manner as the Chairman directs, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.
9.10.2 In the case of an equality of votes, whether on a show of hands or on a poll, the Chairman of the meeting at which the show of hands takes place or at which the poll is demanded, shall be entitled to a second or casting vote
9.10.3 A poll demanded on the election of a chairman, or on a question of adjournment, shall be taken forthwith.
9.11 A poll demanded on any other question shall be taken at such time as the Chairman of the meeting directs, and any business other than that upon which a poll has been demanded may be proceeded with pending the taking of the poll.
9.12 Subject to the provisions of the Companies Act 1985 a resolution in writing signed by the members for the time being entitled to receive notice of and to attend and vote at general meetings shall be as valid and effective as if the same had been passed at a general meeting of the Federation duly convened and held. Any such resolution in writing may consist of several documents in the like form each signed by one of more of the members (or their duly authorized representatives).
Votes of Members
10.1 All Full Members shall have one vote.
10.2 On a poll votes may be given either personally or by proxy.
10.3 The appointment of a proxy shall be in writing by the appointer duly authorised in writing. A proxy need not be a member of the Federation.
10.4 The appointment of a proxy or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the registered office of the Federation or at such other place within the United Kingdom as is specified for that purpose in the notice convening the meeting, not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named proposes to vote, or in the case of a poll, not less than 24 hours before the time appointed for the taking of the poll, in default the appointment of the proxy shall not be treated as valid.
10.5 The appointment of a proxy shall be in the following form or a form as near thereto as circumstances admit:
" I / We of in the country of ,
being a member/members of the above named Federation, hereby appoint of
or failing him/her of
as my / our proxy to vote for me / us on my/our behalf at the
( annual or extraordinary as the case may be ) general
meeting of the Federation, to be held on the day of 20 , and at any adjournment thereof. Signed this day of 20 . "
10.6 The appointment of a proxy shall be deemed to confer authority to demand or join in demanding a poll.
10.7 No objection shall be raised to the qualification of any voter except at the meeting or adjourned meeting at which the vote objected to is tendered or given, and every vote not disallowed at such meeting shall be valid for all purposes. Any such objection made in due time shall be referred to the Chairman of the meeting whose decision shall be final and conclusive.
Finance
11.1 The Federation shall derive income from membership subscription, sale of teaching materials, donations and fund raising to meet expenditure.
11.2 The Council shall nominate a qualified auditor and such appointment shall be ratified at an Annual General Meeting.
Dissolution
12.1 If the Council resolves that the aims of the Federation can no longer be fulfilled, the Council shall convene an Extraordinary General Meeting to consider the dissolution of the Federation.
12.2 If the Extraordinary General Meeting referred to in paragraph 12.1 decides by a two- thirds majority of the Full Members present and voting that the Federation should be dissolved, the Council shall transfer all assets of the Federation in accordance with paragraph 12.4.
12.3 If at the Extraordinary General Meeting a quorum is not present within 1 hour of the time appointed for the meeting then the meeting will be adjourned to the same day of the following week. If at the next meeting a quorum is still not present within 1 hour of the time appointed for the meeting then the Full Members present shall constitute a quorum.
12.4 If, after all debts and liabilities of the Federation have been satisfied, there still remain any property or assets, then these shall be decided by the majority voting by the Executive Council to distribute in one or both of the following ways: a) Transferred to another charity whose aims and objectives are similar to those of the Federation; or b) In such other manner consistent with the charitable status of the Federation with prior written approval from the Charity Commission.
Indemnity
13.1 Subject to the provisions of the Charities Acts, all Council, Standing Committee and Working Committee members shall be indemnified out of the assets of the Federation against any liability incurred by them in defending any proceedings, whether civil or criminal, in which judgment is given in their favour or in which they are acquitted or in connection with any application in which relief is granted to them by the court from liability or negligence, default, breach of duty or breach of trust in relation to the affairs of the Federation.
Regulation
Regulation (A) On Membership Subscription
1. Annual subscription is due by 1st January. Members who have not paid within two months membership shall be terminated.
2. The Council shall review the scale of fee from time to time and endeavour to keep a balanced budget.
3. Registration fee for all new members shall be £10.
Regulation (B) on Financial Management
1. All receipts shall be paid into a bank account in the name of 'UK Federation of Chinese Schools'.
2. The Council shall authorize four council members as signatories; any two of the four signatories shall be considered as valid signatures.
3. The Council may authorize a Standing Committee or a Working Committee to open a bank account in the name of a special project and shall authorize due transfer of fund to meet transaction requirement. Payment from all bank accounts of the Federation including Standing Committee and Working Committee must be approved by both the President and the Honorary Treasurer of the Council.
4. Any single item of expenditure which exceeds ￡200 or such ceiling as determined by the Council must be approved by the Honorary Treasurer and ratified by the Council.