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Appendices

APPENDIX A: CONFERENCE STANDING ORDERS

ORDER OF BUSINESS

A1 The order of ADC business shall be decided by Conference on the recommendation of the SOC and shall comprise:
(a) Report of the SOC and references back.
(b) Minutes of the previous ADC.
(c) Annual Reports and Supplementary Annual Reports.
(d) Financial statements, including the audited accounts, report of the auditors, and estimates for the current year.
(e) Elections.
(f) Other NEC reports and papers.
(g) Motions.
(h) Other business.

MOTIONS

A2 All motions shall be in the affirmative.

A3 Motions shall be moved when called and seconded immediately after the mover's speech, otherwise they shall fall.

A4 A motion may be withdrawn only by the mover and with the consent of Conference.

A5 A motion to affiliate to another organisation shall include a synopsis of its aims and objectives together with the annual cost of affiliation.

A6 Motions other than those appearing in the booklet of motions shall not be accepted except:
 (a) Emergency motions, where the decision of a Branch General Meeting or of the NEC (as the case may be) to submit an emergency motion is notified to the SOC by 3pm on the Friday immediately preceding the start of Conference together with the actual wording of the motion on the appropriate form issued by the SOC.
 (b) Motions to refer back an SOC report or suspend Standing Orders, or motions of order.

A7 A motion to amend shall not directly negative the substantive motion, and if carried shall become part of it.

A8 A motion once lost may not be moved again at the same Conference.

MOTIONS OF ORDER

A9 At the Chairperson's discretion, the following motions of order shall have priority and be taken without discussion:
(a) That the debate be adjourned.
(b) That the vote be now taken.
(c) That Conference proceed to next business.
(d) That Conference do now adjourn.
Motions for 'The previous question' shall not be allowed.

A10 Motions that the vote be now taken, or that Conference proceed to next business, shall only be moved by delegates who have not previously spoken in the debate.

A11 If Conference agrees 'That the vote be now taken', the motion under debate shall be put to the vote after its mover has been offered the right of reply.

A12 If Conference agrees 'That Conference proceed to next business', the Chairperson shall proceed to the next item on the agenda without any vote being taken on the motion under debate.

POINTS OF ORDER

A13 Delegates raising a point of order shall seek to prove one or more of the following:
(a) That the speaker is using sexist, racist or abusive language.
(b) That one of the Union's Rules is being broken.

REFERENCE BACK OF SOC REPORT

A14 Branches must give the SOC notice of their intention to move reference back of the SOC report (excluding any supplementary report), with details of proposed alterations, and with reasons for it by 3pm on the Friday immediately preceding the start of Conference on the appropriate form issued by the SOC. The Branch delegation shall meet the SOC before Conference at a time determined by the SOC.

A15 Branches wishing to move reference back of any supplementary SOC report published up to 5pm on the day before Conference should arrange to meet the SOC by 8.30pm on the same day to give the SOC details of the reference back and reasons for it.

A16 Only Branches which have complied with these Standing Orders may seek to move reference back of an SOC report. There is no prescriptive right to move reference back: whether a reference back is heard shall depend on the time allocation acceptable to Conference. If a delegate is called they shall produce a credential card supplied by the SOC certifying that the correct procedure has been followed.

SUSPENSION OF STANDING ORDERS

A17 These Standing Orders shall not be suspended except with the support of not less than two-thirds of the votes entitled to be cast by delegates present.

A18 No suspension shall be accepted from any delegate after the adoption of the SOC report relating to the order of business, unless prompted by later external events.

A19 A delegate wishing to suspend the order of business shall apply in writing to the Conference Chairperson, who shall decide whether the suspension is admissible under the Union's Rules.

A20 The Conference Chairperson may propose a suspension of Standing Orders at any time, to alter the order of business or to introduce new business.

RIGHTS AND DUTIES OF DELEGATES

A21 When a motion is called the mover shall proceed immediately to the rostrum, and the seconder shall proceed to the vicinity of an alternative rostrum (unless in either case the moving or seconding is purely formal).  Speakers shall use the rostrum, announce their name and Branch (or office in the case of speakers for the NEC), and address themselves to the Chairperson.  After speaking all movers of motions shall remain in the vicinity of the rostrum in case they are invited to reply to the debate.

A22 If two or more delegates seek to speak at the same time, the Chairperson shall decide which shall speak first.

A23 Speakers shall confine their remarks to the motion or point of order under discussion, except for questions on the adoption of the Annual Reports and accounts and on NEC statements where Conference has agreed to provide for such questions.

A24 Speeches by movers of motions shall be limited to 5 minutes, except that NEC speakers may be allowed up to 15 minutes to introduce a Conference paper.  All other speeches including mover's right of reply shall be limited to 3 minutes.

A25 No one may speak more than once on any motion except:
(a) The mover of a motion may reply to the debate before it is put to the vote if there has been opposition, even if they have spoken on a motion to amend it.
(b) Where remission of a motion is sought, the mover shall have the right to comment before the vote for remission is put; if the vote is lost, the mover's entitlement under (a) shall remain unimpaired.
(c) A delegate who has already spoken may propose a motion of order.

A26 The mover of a motion exercising a right of reply shall deal solely with points of opposition raised in the debate.

A27 The Chairperson shall ensure that where opposition to a motion exists, opportunity shall be given for this opposition to be expressed in debate.

A28 Where a delegate causes a disturbance and refuses to obey the Chairperson's instruction, they shall be expelled from the Conference and shall not be allowed to return until an apology has been received which the Chairperson considers acceptable.

A29 During a speech other delegates may rise to address the Chairperson only on a point of order.

CARD VOTES

A30 The doors of the Conference meeting place shall remain closed, and delegates shall remain at their seat, while a card vote is taken.

CHAIRPERSON OF CONFERENCE

A31 The Chairperson's ruling on any question arising under these Standing Orders shall be final unless challenged.  No challenge shall stand unless at least 50 delegates indicate their support, in which case a motion 'That the Chairperson's ruling shall stand' shall be put to Conference by the Deputy President or a Vice President without discussion.  The Chairperson's ruling shall only be reversed with the support of not less than two-thirds of the votes entitled to be cast by delegates present.

A32 The ruling of the Chairperson on a point of order shall be final and not open to discussion.

A33 The Chairperson may operate the 'guillotine' at their discretion when the time allotted on any agenda section expires.

SOC PROCEDURAL RULES

A34 The SOC shall separate motions into the following categories:

Category A Motions for debate, grouped as far as practicable under the main subject headings appearing in the Annual Reports.
Category B Motions which confirm existing policy.
Category C Motions which seek to reverse policy as determined at Conference within the last 2 years.
Category D Motions capable of being dealt with by correspondence with the General Secretary.
Category E Motions covered by composite motions in category A.
Category X Motions which are out of order.

A35 The SOC shall send to the relevant Group or Association SOC any motion it considers appropriate to a Group or Association Conference agenda.

A36 The President may transfer any motion on a Group agenda to the ADC agenda, or rule out any motion which they consider inappropriate for Group decision, after consulting the SOC and the Branch(es) concerned.  Such decisions shall be communicated to the Group SOC not later than 14 days before the Group Conference.

A37 Wherever practicable the SOC shall find composite motions for inclusion on the agenda, which may be either (a) existing motions chosen as representative of others on the same issue, or (b) motions drafted by the SOC which incorporate the essential points made in others.  The passing of a composite motion shall not imply acceptance of the detailed variants in the motions it covers.

A38 All motions which are out of order shall be listed, and reasons given why such motions are out of order.

A39 All motions designed to amend the Union's Rules shall be so printed as to leave no doubt as to the objective they are designed to achieve.

A40 The SOC may exclude any motion from the agenda which it considers may provide grounds for legal proceedings.

A41 The SOC shall, subject to Rule A15, be available to meet delegates at certain times on the evening immediately before Conference to allow the requirements of the rules relating to emergency motions and references back to be met, and to consult and advise delegates.

A42 The SOC shall inform the President which Branches have fulfilled the conditions of Standing Orders in relation to reference back of SOC reports.  The SOC shall give the Branch delegate(s) a coloured credential card bearing the Branch name and the number of the motion.

A43 The SOC shall ensure that a report containing emergency motions is made available to delegates by not later than 5pm on the day before Conference.

A44 During Conference the SOC shall advise the Chairperson on the progress of business in relation to the timetable, and about the operation of the 'guillotine' where necessary.

A45 The SOC shall be present during the debate on any motion to refer back an SOC report, and shall express its views before any vote is taken.

APPENDIX B: MODEL BRANCH CONSTITUTION

Name

B1 The name of the Branch shall be the 'Public and Commercial Services Union (....) Branch'.

Objects

B2 The objects of the Branch shall be to:
(a) Protect and promote the interests of its members.
(b) Help to recruit and retain members, and collect subscriptions.
(c) Co-ordinate the views of its members, and take action on matters of Branch interest.
(d) Protect and promote the service(s) in which members are employed.
(e) Provide the NEC, Group Executive Committee and Association Committee(s) promptly with any information and returns they require.
(f) Arrange the distribution or sale of all Union circulars and literature.
(g) Generally assist the NEC in compliance with the Union's Rules.

Membership

B3 All members employed at (...) shall be deemed to be members of the Branch.

Management

B4 The management of the Branch shall be vested in Branch General Meetings, the Branch Executive Committee ("BEC"), and the Branch officers.

Annual General Meeting

B5 The Annual General Meeting ("AGM") shall (in the case of the year concerned) be held between 1 January and the last day allowing for the timely submission of motions and nominations for the Union ADC. No quorum shall be needed.

B6 The AGM shall:
(a) Receive the Annual Report, Financial Report and audited Statement of Accounts.
(b) Elect the Branch Women's Advisory Committee ("BWAC"), 2 Branch auditors (who shall not be BEC members), and delegates to the Union ADC and the Group Delegate Conference as appropriate.
(c) Elect 2 scrutineers (who shall not be BEC members) to count the votes in elections held at the AGM.
(d) Consider motions and nominations submitted by the BEC or individual members.
(e) Receive the results of Branch Officer and BEC elections conducted under principal rules PR3 and PR4.

B7 A notice convening the AGM, together with the Annual Report, Financial Report and audited Statement of Accounts, shall be circulated by the Branch Secretary to members not later than 28 days before the meeting.  Written notice of motions and nominations for inclusion on the agenda shall be sent to the Branch Secretary not later than 21 days before the meeting.  The agenda, including details of all proposed motions and nominations, shall be circulated not later than 14 days before the meeting: motions submitted less than 14 days before the meeting shall only be accepted as motions of urgency at the discretion of the Chairperson.

B8 The BEC may not make any nomination for election as Branch officer, BEC member, BWAC member, Branch auditor, delegate to the Union or Group Delegate Conference, or scrutineer.

B9 Each member attending the AGM, subject to the Union's Rules, may vote on matters put to the meeting for decision.  The Chairperson shall have a casting vote in the event of an equality of votes for and against a proposal.  Voting shall be by show of hands; but any vote may be taken by ballot of those present at the discretion of the Chairperson, or at the request of a majority of those present provided that such request is made before the question is put.

B10 In the case of elections conducted at the AGM, each member shall have one vote for each position to be filled.  The votes shall be counted by the scrutineers and the candidates for each position placed in order.  The candidate(s) with the most votes shall be elected.

Mandating meetings

B11 General Meetings shall be convened by the Branch Secretary to mandate delegate(s) on the business of Union and Group Delegate Conferences.  The meetings shall be held between the receipt of the booklet of Conference motions and the last working day before the Conference.  A notice convening the meeting shall be circulated to members not later than 14 days before the meeting. Voting at the meeting shall be on the same basis as the AGM.  No quorum shall be needed.

Special General Meeting (see note A)

B12 A Special General Meeting shall be held no later than 21 days after receipt by the Branch Secretary of a written request signed by not fewer than (...) members.  The request shall be supported by reasons for calling the meeting, together with any proposed motion and the names of the mover and seconder.  Discussion at the meeting shall be confined to the items notified on the agenda, which shall be circulated to members not later than 7 days before the meeting.  Voting shall be on the same basis as the AGM.  The quorum shall be not less than (...) of the members.

Extraordinary General Meeting

B13 An Extraordinary General Meeting shall be convened at the discretion of the BEC.  Discussion shall be confined to the item(s) notified in the agenda, which shall be circulated to members not later than 14 days before the meeting.  Voting at the meeting shall be on the same basis as the AGM.  No quorum shall be needed.

Branch officers

B14 The Branch officers shall consist of a Chairperson, Vice Chairperson, Secretary, Organiser and Treasurer.  The officers shall be members of the Branch elected by secret, individual ballot of the members in the Branch.  The BEC may fill any casual vacancy.

B15 The duties of each officer shall be allocated by the BEC, subject to the Union's Rules.  Each officer shall give a report to each BEC meeting on the business of their office.  The Chairperson and Secretary may attend any sub-committee meeting.

Branch Executive Committee (see note B)

B16 The BEC shall consist of the Branch officers, (...) other members elected by secret, individual ballot of the members of the Branch, and (...) members who shall be (senior/local) representatives.  The BEC shall meet at least every 2 months.  The quorum at meetings of the BEC or of any sub-committee shall be a majority of the voting members.

B17 The BEC may co-opt additional members in an advisory capacity, without voting powers.  It shall co-opt a BWAC member if there is no such member on the BEC.  It shall appoint an Equal Opportunities Officer from among its number.

B18 The BEC may fill a casual vacancy on the Committee by either (a) calling up the unsuccessful candidate in the last relevant election with the highest votes; or (b) holding a by-election.

B19 Any member absent from a BEC or sub-committee meeting shall give an explanation.  Any member absent from three consecutive meetings without giving reasons which the BEC considers adequate shall be deemed to have resigned.

B20 The BEC shall conduct the business of the Branch in conformity with Union policy and the instructions of Branch General Meetings.  It shall deal with all business remitted to the Branch by the Union and take any action required.

B21 The BEC shall give the AGM an Annual Report of its activities, and a Financial Report and audited Statement of Accounts.  The Annual Report shall contain a record of attendance of each BEC member at BEC meetings.

Local representatives (see note C)

B22 The Branch shall be divided into (...) constituencies.  An annual meeting of the members in each constituency shall be held within 7 days before the Branch AGM.  The meeting shall receive an annual report.  Each local representative for the coming year shall be elected by secret, individual ballot of members within the constituency concerned, and on election shall become a member of the BEC.

B23 A notice convening the annual constituency meeting shall be sent to members not later than 28 days before the Branch AGM.  Nominations for local representative shall be sent to the Branch Secretary not later than 21 days before the AGM.  The agenda shall be circulated not later than 14 days before the AGM.

B24 The local representative shall represent the constituency in local negotiations and report their activities to constituency meetings, held where practicable at least once a month.

Branch Women's Advisory Committee

B25 The Branch shall establish a BWAC, consisting of (...) women members, which shall meet at least once a quarter.  A BWAC member shall attend BEC meetings and report on BWAC activities.

Branch representatives (see note D)

B26 Branch representatives on the Co-ordinating Committee/Trade Union Side of the (...) shall be appointed by the BEC from among its members.  They shall report regularly to the BEC on their activities.

B27 The BEC shall ensure the annual election or appointment of health and safety representatives covering all workplaces in its area.

Finance

B28 The Branch's financial year shall correspond to that of the Union.

B29 Branch funds shall be administered by the Branch Treasurer in accordance with BEC directions.  The Treasurer shall take charge of the funds and pay all demands as instructed by the BEC.  Expenses necessarily incurred by BEC members or auditors on Branch business, where not otherwise reimbursed, may be paid for out of Branch funds within limits set by the NEC.

B30 The Treasurer shall present at each regular BEC meeting for inspection thereby the books of account, the bank pass book, and such other documents as the BEC may require.  The Treasurer shall give a report to the BEC at least once a quarter, and give up all books, documents, monies and property of the Union in their possession, whenever required to do so by either the NEC or the BEC.

B31 A bank account (with a bank approved by the NEC) shall be opened in the name of the Branch, and each cheque thereon shall be signed by the Treasurer and by either the Chairperson or Secretary.  Each quarter the Chairperson shall sign a statement to the effect that the bank balances and Branch bank book can be reconciled, and that no excessive cash balance in hand is held.

B32 The BEC shall cause the Branch accounts to be entered regularly in proper books, and shall before the 31 January submit accounts for the year ended on the previous 31 December to the Branch auditors.  A Financial Report and the audited Statement of Accounts shall be presented to the AGM in the form prescribed by the NEC; a copy shall be sent to the Union's Treasurer as soon as practicable and not later than 31 March.

Constitution

B33 The Branch shall be governed by the Union's Rules and by Group and Association constitutions where they apply in addition to this constitution.  If this constitution conflicts with the Union's Rules or with Group or Association constitutions, the latter shall prevail.

B34 This constitution may not be amended except by the AGM or by an EGM convened for the purpose.  A motion to amend the constitution shall require a majority of at least two-thirds of the votes cast in order to be carried.  Any amendment shall be subject to ratification by the NEC and shall not take effect until then.

B35 The Chairperson shall rule on any matter of interpretation of this constitution, and on any matter where it is silent.  Any such ruling may only be challenged by:
(a) A Branch General Meeting. Members shall carry a motion which states: 'This Branch challenges the Chairperson's ruling in connection with...' The motion ' That the Chairperson's ruling be upheld' shall then be immediately put to the meeting without debate by the deputising officer while the Chairperson leaves the chair.  The motion shall only be defeated by a majority of at least two-thirds of the votes cast.  The decision of the meeting shall be final and binding on all members.
(b) A Branch member (including a BEC member), by writing to the Branch Secretary stating the reasons for the challenge.  The challenge shall require a simple majority of the votes cast at a BEC meeting to be upheld.

Dissolution

B36 The Branch shall not be dissolved except with the consent of the NEC.  On dissolution any money remaining in the hands of the Branch, together with all documents, vouchers and records, shall be surrendered to the Union's Treasurer.

Note A The minimum number is at the discretion of the Branch, subject to NEC approval. Large Branches will need a smaller percentage than small Branches: thus 25 per cent might be appropriate for a Branch with 100 members, but 10 per cent for one with 500.

Note B Supplementary rule 4.8 says that where a Branch has members from more than one category of members, its constitution shall ensure that the interests of members from each category are adequately represented.

Note C The rules relating to local or senior representatives do not apply where the NEC, after consulting the Branch, considers that it is not practicable for them to do so.

Note D This rule will require completion where the Branch is directly represented on a Co-ordinating Committee or Trade Union Side, but not where representation is indirect or in the case of a local TUS where election is by local members with BEC authority.

APPENDIX C: POLITICAL FUND RULES (GREAT BRITAIN)


C1 The Objects of the Public and Commercial Services Union shall include the furtherance of the political objects to which Section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the Act”) applies, that is to say, the expenditure of money:
(a) on any contribution to the funds of, or on the payment of any expenses incurred directly or indirectly by, a political party;
(b) on the provision of any service or property for use by or on behalf of any political party;
(c) in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by the Union in connection with any election to a political office;
(d) on the maintenance of any holder of a political office;
(e) on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party;
(f) on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote for a political party or candidate or to persuade them not to vote for a political party or candidate.

Where a person attends a conference or meeting as a delegate or otherwise as a participator in the proceedings, any expenditure incurred in connection with his or her attendance as such shall, for the purposes of paragraph (e) above, be taken to be expenditure incurred on the holding of the conference or meeting.

In determining, for the purposes of paragraph (a) to (f) above, whether the trade union has incurred expenditure of a kind mentioned in those paragraphs no account shall be taken of the ordinary administrative expenses of the Union.

In these objects –

“candidate” means a candidate for election to a political office and includes a prospective candidate;
“contribution”, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party;
“electors” means electors at any election to a political office;
“film” includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;
“local authority” means a local authority within the meaning of Section 270 of the Local Government Act 1972 or Section 235 of the Local Government (Scotland) Act 1973; and
“political office” means the office of member of Parliament, member of European Parliament or member of a local authority or any position within a political party.

C2 Any payments in the furtherance of such political objects shall be made out of a separate fund of the Union (hereinafter called the political fund).

C3 (a) As soon as is practicable after the passing of a resolution approving the furtherance of such political objects as an object of the Union the NEC shall ensure that a notice in the following form is published in the Union’s main periodical journal which is circulated to members:

Trade Union and Labour Relations (Consolidation) Act, 1992

A resolution approving the furtherance of political objects within the meaning of the above Act as an object of the Union has been adopted by a ballot under the Act.

Any payments in the furtherance of any of those objects will be made out of a separate fund, the political fund of the Union.  Every member of the Union has a right to be exempt from contributing to that fund by obtaining a form of exemption notice by application at or by post from the Head Office of the Union or the office of the Certification Officer.

The National Executive Committee shall appoint a day for the political fund to take effect and until that day, no member shall be able or required to contribute to the political fund.  Not later than three months before the appointed day, the National Executive Committee shall publish a notice in accordance with rule F3 giving further advice about how to obtain and complete a form of exemption notice.
(b) Not later than three months before the day appointed under rule F19, the NEC shall ensure that a notice in the following form is given to all members of the Union in accordance with this rule:

Trade Union and Labour Relations (Consolidation) Act, 1992

A resolution approving the furtherance of political objects within the meaning of the above Act as an object of the Union has been adopted by a ballot under the Act.

Any payments in the furtherance of any of those objects will be made out of a separate fund, the political fund of the Union, but every member of the Union has a right to be exempt from contributing to that fund. A form of exemption notice can be obtained by or on behalf of any member by application to, or by post from, any Branch Secretary of the Union, the General Secretary at the Head Office of the Union, or the Certification Office for Trade Unions and Employers’ Associations,   22nd Floor, Euston Tower, 286 Euston Road, London NW1 3JJ.

This form, when filled in, or a written request in a form to the like effect, should be handed or sent to the General Secretary at the Head Office of the Union.

The notice shall be published to members by such methods as are customarily used by the Union to publish notices of importance to members and shall include the following minimum requirements.  The notice shall be published in the Union’s main periodical journal which is circulated to members.  A copy of the notice shall be posted up and kept posted up for at least twelve months in a conspicuous place accessible to members, at the office or meeting place of each Branch of the Union.  The Secretary of each Branch shall also take steps to secure that every member of the Branch so far as reasonably practicable, receives a copy of the notice, and shall supply a copy to any member on request.  The NEC shall provide the Secretary of each Branch with a number of notices for these purposes.

C4 No payments shall be made from the fund in respect of the affiliation by the union to any political party, save where such affiliation has been approved by the members of the union in a ballot held in accordance with the union’s rules.

C5 Any member of the Union may at any time give notice on the form of exemption notice specified in rule C6, or by a written request in a form to the like effect, that he or she objects to contribute to the political fund.  A form of exemption notice may be obtained by, or on behalf of, any member by application to or by post from any Branch Secretary of the Union or the General Secretary at the Head Office of the Union or the Certification Office for Trade Unions and Employers’ Associations, 22nd Floor, Euston Tower, 286 Euston road, London NW1 3JJ.

C6 The form of exemption notice shall be as follows:

PUBLIC AND COMMERCIAL SERVICES UNION: POLITICAL FUND EXEMPTION NOTICE

I hereby give notice that I object to contribute to the political fund of the Public and Commercial Services Union and am in consequence exempt, in the manner provided by Chapter V1 of Section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992, from contributing to that fund.

   Signature     …………………………………..
Name of Branch ……………………………
Date ………………………………...
Address …………………………………

C7 Any member may obtain exemption by sending such notice to the General Secretary at the Head Office of the Union and, on receiving it, the General Secretary shall send an acknowledgement of its receipt to the member at the address upon the notice.

C8 On giving such notice, a member shall be exempt, so long as his or her notice is not withdrawn, from contributing to the political fund of the Union
(a) in the case of a notice given after notice given to members under rule C3(a) or (b) but before the day appointed under rule C19, on the day so appointed;
(b) where (a) does not apply

  • in the case of a notice given after the date on which a new member admitted to the Union is supplied with a copy of these rules under rule C13, as from the date on which the members’ notice is given;
  • in any other case, as from the first day of January next after the notice by the member is given.

C9 The NEC shall give effect to the exemption of members to contribute to the political fund of the Union by relieving any members who are exempt from the payment of any periodical contributions required from the members of the Union towards the expenses of the Union as provided and such relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment.

For the purpose of enabling each member of the Union to know as respects any such periodical contribution what portion, if any, of the sum payable by him or her is a contribution to the political fund of the Union, it is hereby provided that 10 pence of each monthly contribution is a contribution to the political fund, and that any member who is exempt as aforesaid shall be relieved from the payment of the sum of 10 pence, and shall pay the remainder of such contribution only.

C10 A member who is exempt from the obligation to contribute to the political fund of the Union shall not be excluded from any benefits of the Union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the Union (except in relation to the control or management of the political fund) by reason of his or her being so exempt.

C11 Contribution to the political fund of the union shall not be made a condition for admission to the Union.

C12 If any member alleges that he or she is aggrieved by a breach of any of the rules for the political fund, being a rule or rules made pursuant to Section 82 of the Act, he or she may complain to the Certification Officer, and the Certification Officer, after making such enquiries as he thinks fit and after giving the complainant and any representative of the Union an opportunity of being heard, may, if he considers that such a breach has been committed, make such order for remedying the breach as the Certification Officer thinks just in the circumstances.  Any such order of the Certification Officer may, subject to the right of appeal provided by Section 95 of the Act, be enforced in the manner provided for in Section 82(4) of the Act.

C13 Any member may withdraw his or her notice of exemption on notifying his or her desire to that effect to the General Secretary at the Head Office of the Union, who shall on receiving it send the member an acknowledgement of receipt of the notification.

C14 The National Executive Committee (“NEC”) shall ensure that a copy of these rules is available, free of charge, to any member of the Union who requests a copy.

C15 The NEC shall also send to the Secretary of each Branch sufficient copies of these rules for distribution to each member.

C16 The Secretary of each Branch shall, so far as possible, secure that each member of that Branch receives a copy of the rules.

C17 The Secretary of each Branch shall supply a copy of these rules free of charge to each member who requests a copy.

C18 A copy of the rules shall also be supplied by the Secretary of each Branch to every new member on his/her admission to the Union.

C18 The National Executive Committee shall appoint a day or days on which the provisions in this appendix shall take effect.

APPENDIX D: POLITICAL FUND RULES (NORTHERN IRELAND)

D1 Under Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 no Northern Ireland member of the Union shall be required to make any contribution to the Political Fund of the Union unless they have delivered, as provided in rule D4, at the Head Office or some branch office of the Union, a notice in writing, in the form set out in rule D2, of their willingness to contribute to that Fund, and have not withdrawn the notice in the manner provided in rule D3.  Every member of the Union who has not delivered such a notice or who, having delivered such a notice, has withdrawn it in the manner provided in rule D3, is to be deemed for the purpose of these rules to be a member who is exempt from the obligation to contribute to the Political Fund of the Union.

D2 The form of willingness to contribute to the Political Fund of the Union is as follows:

POLITICAL FUND CONTRIBUTION NOTICE – NORTHERN IRELAND

I HEREBY give notice that I am willing, and agree, to contribute to the Political Fund of the Public and Commercial Services Union, and I understand that I shall, in consequence, be liable to contribute to that Fund and shall continue to be so liable, unless I deliver at the Head Office or some branch office of the Union, a written notice of withdrawal. I also understand that after delivering such a notice of withdrawal I shall still continue to be liable to contribute to the Political Fund until the next following first day of January.

Name:   …..…………………………….………
Address: …………………………………………
Membership Number: …………………….………
……….…  day of  ……………………  Year  ……..

D3 If at any time a member of the Union who has delivered such a notice as is provided in rules D1 and D2, gives notice of withdrawal thereof, delivered, as provided in rule D4, at the Head Office or at any branch office of the Union, they shall be deemed to have withdrawn the notice as from the first day of January next after the delivery of the notice of withdrawal.

D4 The notices referred to in rules D1 and D3 may be delivered personally by the member or by any authorised agent of the member, and any notice shall be deemed to have been delivered at the Head Office or branch office of the Union if it has been sent by post properly addressed to that office.

D5 The NEC shall give effect to the exemption of Northern Ireland members to contribute to the Political Fund of the Union by relieving those members who are legally exempt from the payment of part of any periodical contributions required from the members of the Union towards the expenses of the Union as provided and such relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment.  For the purpose of enabling each Northern Ireland member who has opted to pay to the political fund, to know  as respects any such periodical contribution what portion, if any, of the sum payable by them is a contribution to the political fund of the Union, it is hereby provided that 10 pence of each monthly contribution is a contribution to the political fund, and that those Northern Ireland members who are statutorily exempt shall be relieved from the payment of the sum of 10 pence, and shall pay the remainder of such contribution only.

D6  Northern Ireland members who are statutorily exempt from the obligation to contribute to the Political Fund of the Union shall not be excluded from any benefits of the Union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the Union (except in relation to the control or management of the Political Fund) by reason of their being exempt.

D7 Contribution to the Political Fund of the Union shall not be made a condition for admission to the Union.

D8 If any Northern Ireland member alleges that they are aggrieved by a breach of any of the rules made pursuant to Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 they may complain to the Northern Ireland Certification Officer, 10-12 Gordon Street, Belfast, BT1 2LG, under Article 57(2) to (4) of that Order.  If after giving the complainant and a representative of the Union an opportunity to be heard, the Certification Officer considers that a breach has been committed, he/she may make an order for remedying it as he/she thinks just in the circumstances under Article 69 of the 1995 Order an appeal against any decision of the Certification Officer may be made to the court of Appeal on a question of law.

Additionally, if any Northern Ireland member alleges that they are aggrieved by a breach of the Political Fund rules made pursuant to Section 82 of the Trade Union and Labour Relations (Consolidation) Act 1992 they may complain to the Great Britain Certification Officer,  22nd Floor, Euston Tower, 286 Euston Road, London NW1 3JJ.  If, after giving the complainant and any representative of the Union an opportunity of being heard, the Great Britain Certification Officer considers that a breach had been committed, he/she may make an order for remedying the breach as he/she thinks just in the circumstances.  Any such order of the Great Britain certification Officer is subject to the right of appeal provided for by Section 82(4) of the 1992 Act. 

D9 The National Executive Committee shall appoint a day or days on which the provisions in this appendix shall take effect.

PCS rules (Word format)

  PCS rules