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
Made by the Trustees of a Declaration of Trust dated the 8th January 1979 between the BRITISH SURGICAL TRADES ASSOCIATION of the one part and C R BURSTON FBIST and others of the other part under the powers contained in Clause 7 of the said Declaration of Trust (hereinafter referred to as the Trust Deed), and amended by the Trustees, with the approval of BHTA Council, on 21 September 1999.
1. The Working Name of the Trust shall be “The Orthotic Education and Training Trust” hereinafter referred to as the Foundation. The definitions in the Trust Deed refer to the following bodies, whose names and/or functions have altered since the Deed was written: The British Surgical Trades Association is now the British Healthcare Trades Association, hereinafter referred to as BHTA. The British Institute of Surgical Technologists is now the British Institute of Dental and Surgical Technologists and is hereinafter referred to as BIDST. BIDST no longer represents the profession, responsibility for which is now held by the British Association of Prosthetists and Orthotists, hereinafter referred to as BAPO. The Council of the British Healthcare Trades Association is hereinafter referred to as the BHTA Council, and the Council of the British Institute of Dental and Surgical Technologists is hereinafter referred to as the BIDST Council. All references to the masculine gender shall be taken to include reference to the feminine gender.
2. At the date of amendment of these Regulations and Bylaws, the Trust has accepted and will continue its commitment to include within its annual statement of accounts a statement of the “Orthotist Training Fund” and the “Cyril Rapaport Fund”. The Trust shall maintain and annually publish within its accounts separate statements to show receipts and payments of moneys for training purposes, and for different sources of funds, and for different purposes other than grant aid of students or individual post qualification training.
3. 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 investment of those moneys.
4. There shall be not less than six and not more than ten Trustees.
5. 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.
6. The power of appointing new Trustees is vested in the BHTA Council under Clause 10 of the Trust Deed. New Trustees may however be recommended by the Foundation for approval by the BHTA Council. Two Trustees retire each year and may offer to serve as new Trustees. In the event that sufficient Trustees do not volunteer to retire, the number shall be made up by obligatory retirement of the longest serving Trustee(s) calculated from their date(s) of last appointment. The two Trustees to retire under these provisions shall be decided and implemented at the last meeting of the Trustees held before 30th September in each year.
7. The Trustees may appoint as an advisor to the Foundation one person for each specialist trade area represented by the Foundation. Such person shall be entitled to be present and to join in the discussion whenever business relating to his trade area is to be discussed but he shall not vote.
8. Should it be necessary for a Trustee to be paid for services rendered in accordance with Clauses 5(3) and 8 of the Trust Deed then
a) he must be absent from all meetings at which his remuneration is discussed and may not vote thereon and
b) the number of remunerated Trustees must at all times be less than a majority of the quorum and
c) the prior consent of BHTA Council shall be obtained.
Officers Of The Trust
9. The Trustees shall elect a Chairman of their meetings, whose name in due course shall be notified to the BHTA Council. The Chairman shall hold office for a period not exceeding one year from the date of election and shall be eligible for re-election during the following two years thereafter. After one year’s absence he will be eligible for re-election as Chairman. Only Trustees are eligible for election as Chairman.
10. A Treasurer shall be appointed by the Trustees, whose appointment shall be notified to the BHTA Council. The Trustees shall make their appointment on the basis of eligibility of the candidate, but it is desirable that he has allied trade or financial experience.
11. A Financial Administrator may be appointed by the Trustees, who shall make the appointment on the basis of the eligibility of the candidates. Either a Trustee or, an individual or firm holding professional qualifications shall be eligible for such appointment, but if not a Trustee he shall not vote.
12. A Secretary may be appointed by the Trustees, who shall make this appointment on the basis of the eligibility of the candidates. There shall be no requirement that the Secretary be a Trustee, but if not a Trustee, he shall not vote.
Meeting Of Trustees
13. The Trustees shall meet at least twice in every year.
14. 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 and place of each meeting. Such notice shall be given also to advisors as appointed under Clause 8 hereof and to officers appointed under paragraphs 10 to 13 hereof. No meeting shall be invalidated by reason of insufficient notice provided that all Trustees sign a motion of waiver of notice.
15. Any of the Trustees may appoint a delegate, who shall be entitled to attend and vote on behalf of his appointer at any meeting of the Trustees at which such appointer is not able to be present in person. Such appointment shall be made in writing and shall be valid only for the meeting concerned and if received by the Secretary prior to commencement of the meeting.
16. 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.
17. 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 Chairman of the meeting.
18. Any Trustee may at any time after due notice of fourteen days convene a meeting of the Trustees.
19. Every matter (with the exceptions mentioned in paragraph 21 hereof) shall be determined by a majority of the Trustees present either in person or by their appointed delegate and voting on the matter, PROVIDED that in the event of an equality of votes the Chairman shall have a second or casting vote. The Trustees with vested interests in for instance grants or increases in grants should disclose such interests at meetings.
Powers Of Trustees
20. 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 and voting at any meeting provided that the prescribed notice has been given of such a meeting and of the intention to consider such a proposal, and that the proposal is subsequently approved by the BHTA Council.
21. 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. At the Trustees’ discretion, these powers may be delegated to other individuals or organisations of the Trustees’ choosing.
22. The Trustees may appoint such sub-committees as they shall think fit.
Duties of Officers
23. 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 accounts.
24. The Treasurer shall report annually to the Trustees on the way in which funds are invested, and together with the Trustees’ investment advisor, 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, by formal resolution as and when deemed necessary.
25. The Financial Administrator shall be responsible for the disbursement of agreed levies and grants; the provision of financial information to each meeting of the Trustees and to the Treasurer as and when required; the provision of statistical information to the Trustees and the BHTA Council as and when required; and such other duties as the Trustees and the BHTA Council with the agreement of the Trustees shall require. The Financial Administrator, together with the Treasurer, shall provide a full statement of the annual accounts. These shall state the totals of levies received and outstanding and grants recommended and paid.
26. The Auditors of the Foundation shall be appointed by the Trustees and shall be subject to election annually at a meeting of the Trustees.
27. The Trustees may at their discretion co-opt any employee of the Trustees or any other advisor or interested person whose attendance shall in the opinion of the Trustees be desirable and any such employee or person so attending shall, if the Chairman so decides, be called upon to address the Trustees and participate in discussion but not to vote.
Winding Up Procedures
28. In the event of the termination of the Foundation, 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 to those of the Foundation.
29. The final statement of account shall be prepared by the Trustees and approved by the BHTA Council.
Interpretation of Trust Deed
30. Before exercising any of their discretions under the Trust Deed, the Trustees shall consult with the BHTA Council with a view to reconciling any potential conflicts on the interpretation of the Trust Deed or these Bylaws. The Trustees will not, however, be bound by any views of the BHTA Council.
Scope and Interpretation of Bylaws
31. 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 shall override any other interpretation.
THESE AMENDED REGULATIONS & BYLAWS WERE APPROVED BY BHTA COUNCIL AT A MEETING HELD ON 9 SEPTEMBER 1999.