By-laws and Regulations of the Trust
Orthotic Education and Training Trust
Registered charity no: 294114
(Registered as the British Surgical Trades Association Education and Training Trust)
British Surgical Trades Association Education and Training Trust
The original Declaration of Trust was created on 8th January 1979 between the BRITISH SURGICAL TRADES ASSOCIATION and C R BURSTON FBIST and others as Trustees. These regulations were amended by the BHTA council on 21st September 1999 to enable the current Trustees to manage the trust.
The Working Name of the Trust shall be “The Orthotic Education and Training Trust”.
The British Institute of Surgical Technologists which is now the British Institute of Dental and Surgical Technologists preceded the “British Surgical Trades Association.”
The “British Association of Prosthetists and Orthotists”.
The levy made on the Charge for orthopaedic appliances supplied under the terms of the MHM50 contract issued by the DHSS, and latterly the NHS, which was paid into the Trust Fund by the hospital suppliers has ceased and the Trust is now reliant on income from the ethically correct investment of those moneys.
The Trust shall maintain and publish in its website an Annual report and financial statement including an independent examiners report illustrating all its activities.
The power of appointing new Trustees presently reflects current and historical practice and is undertaken by the elected trustees. There shall be not less than six and not more than ten Trustees and at any one time, at least two Trustees shall be employed by full orthotic members of BHTA and at least two Trustees shall be full Orthotist members of BAPO. All Trustees will be eligible for re-election after three years. Historically the two longest serving Trustees in September of each year will be eligible to retire although they can choose to be re-elected.
Officers Of The Trust
The Trustees shall elect a Chair.
The Chairperson shall hold office for a period not exceeding three years.
They should be supported in their first year by the outgoing chair and should appoint a vice chair to work alongside them in their second year who will ideally take over from them.
Only Trustees are eligible for election as Chair.
Outgoing Chair can continue as a trustee but will not be eligible for re-election till second chair phase is completed.
An accountant holding the appropriate professional qualifications will be appointed by the Trustees.
An administrator will be appointed by the Trustees.
Financial advisor(s) will be appointed by the Trustees.
Bankers will be appointed by the trustees under guidance from the accountant.
Additional advisors to the Trust may be appointed by the Trustees to provide specialised advice where necessary. They shall be entitled to join in the discussion whenever any business relating to their expertise is being discussed.
The positions of accountant, administrator, financial advisor, banker, observers and any specialty advisors will not be eligible to vote.
Meeting of Trustees
The Trustees shall meet at least twice in every year.
The Trustees may meet at such times and in such places as they shall from time to time choose and not less than fourteen days’ notice in writing shall be given to every Trustee of the matters to be discussed and of the date, time, place and format of each meeting. Currently due to covid restrictions a virtual format is the desired meeting choice and this may well be utilised for the foreseeable future.
The September meeting will take place at the offices of the Trust’s investors to enable the sharing of a detailed report of financial performance and future plans.
Any of the Trustees may appoint a delegate, who shall be entitled to attend and vote on behalf of his appointer. Delegate eligibility will be for a single meeting at a time and prior notice must be given to the chair.
There shall be a quorum when no less than half the total number of Trustees are present in person or represented by their appointed delegate at any meeting.
If at any meeting the Chairman is not present within fifteen minutes after the appointed time for that meeting the Trustees and their appointed delegates present may choose one of their Trustee number to be Chair of that meeting.
Every matter shall be determined by the Trustees present or their appointed delegate voting on the matter and in the case of a tied vote the chair will have a casting vote. Trustees with vested interests should disclose any such interests.
Powers Of Trustees
These Regulations and Bylaws may be revoked or altered or added to by a proposal passed by a quorum of Trustees present either in person or by their appointed delegate at any meeting provided that the prescribed notice of fourteen days has been given of such a meeting.
The Trustees shall have power to appoint officials and employees, other than Trustees, fix their employment conditions and decide to terminate their appointment if appropriate.
No dealing with any part of the Trust Fund (including any Bank Account) shall be permitted unless authorised under the hands of at least two Trustees. This shall not apply to the movement of money amongst the Trustees’ several banking account.
Investment advisor(s) shall report annually to the Trustees and the Trust accountant on the way in which funds are currently invested and shall make proposals to the Trustees on investment policy for the subsequent year. The Trustees, at their absolute discretion, will determine the policy to be pursued.
The accountant shall be responsible for the disbursement of any grants and the provision of financial information to each meeting of the Trustees. This process will be supported by the administrator who will process and distribute any applications appropriately as is current practice.
The accountancy appointees will provide an independent examiners report within the annual report and financial statement in place of the previous audited accounts.
Winding Up Procedures
In the event of the termination of the Orthotic Education Training & Trust any remaining assets of the Trust Fund after satisfaction of all just debts and liabilities shall be paid or transferred to some other charitable institution or institutions having objects similar too those of the Foundation.
Interpretation of Trust Deed
Before exercising any of their discretions under the Trust Deed, the Trustees shall consult with any appropriate professionals to honour the original concepts and interpretation of the Trust Deed or Bylaws.
Scope and Interpretation of Bylaws
The provisions of these Regulations and Bylaws are intended to amplify the provisions of the Trust Deed and any apparent conflict of interpretation is not intended. Where such conflict is believed to exist, then the provisions of the Trust Deed amended on 9th September 1999 shall override any other interpretation.