Revenue & Customs group constitution as amended by conference in May 2008

SECTION 1 – TITLE

1. The name of the Group shall be the Revenue and Customs Group of the Public & Commercial Services Union.

SECTION 2 – OBJECTS

2. (a) To protect and promote the interest of members.
(b) To organise Branches effectively and give them as much help as they may require.
(c) To ensure the effective recruitment and retention of members.
(d) To keep such records, and render such returns and information, as the NEC may require.
(e) To co-operate with the NEC in the conduct of the Union affairs and to make representations to the NEC as and when appropriate.
(f) To promote and support equality and diversity.

SECTION 3 – MEMBERSHIP

3. Membership of the Group will be open to all staff employed in Her Majesty’s Revenue & Customs Department or any associated agency or body.

SECTION 4 – MANAGEMENT

4. The management of the Group shall, subject to the overriding authority of the NEC, any relevant membership ballot and the Group Constitution, be vested in Annual and Special Group Conferences and, between Conferences, in the Group Executive Committee.

SECTION 5 - MEMBERSHIP ORGANISATION

Branches

5.1 Members shall be organised into Branches within the Group in accordance with the Rules of the Union and subject to the overriding authority of the NEC.

5.2 The duties of the Branch shall be:

(a) To take action, subject to the authority of the NEC and GEC, to protect and promote the interests, welfare and professional standing of its members.

(b) To promote the most effective possible system of workplace representation, ensure the highest possible level of membership and coordinate and support local Office activity.

(c) To furnish such information as the NEC and/or GEC may require.

(d) To help the NEC and GEC carry out the objectives and Rules of the Group and Union.

Valuation Office Agency

5.3 There shall be constituted a Valuation Office Agency Committee (VOAC) that shall, subject to any direction from the GEC, have responsibility for the representation of all members of the Union within the Valuation Office Agency. The objects of the VOAC will be to take action to protect and promote the interests of VOA members, to regulate the conditions of their employment and the relations between them and their employer and generally to assist the GEC in carrying out the Rules and objectives of the Union and the Group.

5.4 The VOAC shall consist of a secretary and seven ordinary members, elected annually by and from members within the VOA and in accordance with regulations as may be made from time to time by the GEC.
5.5 A VOA Branch representatives vocational forum shall be held each year.


Other Organisational Units

5.6
(a) The GEC may constitute such other Committees as it sees fit to represent members. Each Committee shall, subject to any direction from the GEC, have responsibility to represent members within that bargaining area.

(b) The Group shall be organised so as to promote the methods which are most effective for representing members’ interests in negotiations with the employer and the employer’s various management structures. In pursuance of this rule, the GEC shall ensure that effective representative structures are established to mirror the decision making structure of the employer.

(c) This shall include workplace structures, with elected local representatives, and such regional and national structures as are necessary to ensure that the Union’s negotiators consult with and can be directed by the members who will be affected by the issues under consideration.

5.7 Elections to such Committees shall be held in accordance with the regulations as may from time to time be made by the GEC.

5.8
(a) The GEC shall ensure that processes are in place to consult members affected by any decision and involve them in directing the Union’s negotiators. The GEC shall strive to negotiate adequate facilities time for members’ representatives, access to the use of all possible means of communication in the workplace for consultation with members and between representatives, and the necessary time off to enable members to be consulted in the workplace where necessary.

(b) The GEC shall ensure that all representative structures are adequately funded so that representatives speak to the employer in accordance with the members’ views.

5.9 All ballots within the HMRC group shall be workplace ballots unless otherwise required by statute law. The GEC shall arrange alternative voting arrangements for:
(a) Members for whom it is impractical to vote in a workplace ballot, and

(b) Sections of the membership where no workplace ballots have been held since the formation of PCS, until practical arrangements for such ballots can be introduced. These arrangements shall have been agreed by either a GDC or the branches covered by the ballot.

SECTION 6 - GROUP EXECUTIVE COMMITTEE

6.1 The Group Executive Committee shall consist of a President (who shall be chairperson of the Group), 2 Vice Presidents, the highest polling of whom shall act as Deputy President, a Deputy Group Secretary, who shall also be the PCS nominated Departmental Trade Union Side Secretary, a Group Treasurer, 10 Assistant Group Secretaries, and 25 other members.

6.2 The Group Secretary shall be a full-time officer of the Union designated by the General Secretary. The Group Secretary shall have no vote at meetings of the Group Executive Committee or of its sub-committees.

6.3 The Group Executive Committee shall have the power to fill vacancies among officers of the Group arising between meetings of the Annual Delegate Conference

6.4 Vacancies on the Group Executive Committee other than officers occurring up to four months before the next Annual conference shall be filled by the person(s) standing next highest in the list of unsuccessful candidates in the previous ballot.

6.5 The Group Executive Committee shall meet at least five times a year, and a simple majority of those eligible to vote shall form a quorum. An agreed record of the decisions (with details of attendees, apologies and absentees) for each meeting of the Group Executive Committee will be published to branches within 10 weeks of the meeting being held.

6.6 At any meeting of the Group Executive Committee the President (or Chairperson for the time being) shall if necessary exercise a casting vote in addition to their own.

6.7 The Group Executive Committee shall appoint sub-committees as may be required. The Group Executive Committee shall also establish such Advisory Committee structures that are necessary to reflect the diversity of the membership of the Group.

6.8 The Group Executive Committee shall co-opt or invite to attend at its meetings such person(s) as it considers appropriate, without voting powers.

6.9 Where either the GEC or NEC considers that an employer is proposing a major change in members’ terms and conditions of employment, that change shall not be endorsed by the Group except with the support of the members concerned as determined by a majority of those voting in a ballot.

Elections to the Group Executive Committee

6.10 Elections to the Group Executive Committee (GEC) shall be held each year and shall be by ballot as defined in the National Union’s Principal Rule 19. Subject to the overriding authority of the National Election Regulations issued by the General Secretary, the Group Secretary will also issue guidance about the Group elections that shall be published to Branches and shall be binding on all members.

Nominations

6.11 No candidates shall be eligible for election to any GEC office unless they have been nominated by a Branch at a properly constituted General Meeting of the members, and have signified their willingness to serve.

6.12 A nomination for election to any GEC office shall only be valid if made in accordance with Rule 6.11 and with published electoral regulations.

6.13 Official nomination papers shall be sent out not later than 18 weeks before the Annual Group Conference. They shall be received by the Group Secretary duly completed not later than 7 weeks before the date on which Conference opens and those relating to elections to be held at the Annual Group Conference shall appear on the Conference Agenda.

6.14 Each duly nominated candidate shall be able to submit an election address in accordance with the published Election Regulations.

SECTION 7 - DELEGATE CONFERENCES

Annual Delegate Conference

7.1 An Annual Group Conference shall be held each year, not later than 15 June.

7.2 The following documents shall be sent to Branches by the dates indicated:
Weeks before the Conference
Notice of Conference   18
Annual Report              12
Conference Paper(s)    12
Financial Report             6
Agenda                          3

7.3 A Conference Paper may be issued after the due date only if the Group President confirms that it could not reasonably have been issued by the due date.

7.4 The Annual Group Conference shall consist of:

(i) The Group Officers, other members of the Group Executive Committee and the Valuation Office Agency Committee. Members of the Group Executive Committee and the Valuation Office Agency Committee may not be delegates to Conference. (ii)Delegates elected by Branches in accordance with Rules 7.12 and 7.13 below.
(iii) Members of the Standing Orders Committee.
(iv) The Group Auditors.
(v) PCS headquarters staff as determined by the Group Executive Committee.
(vi) Visitors invited by the Group Executive Committee.
(vii) Trainee delegates and journal reporters appointed under Rule 7.17 below.
(viii) Observers nominated by branches, and duly accredited by the Group Executive Committee (such observers shall not be entitled to remuneration from Union funds other than voluntary funds administered by a Branch).

7.5 The minutes of Conference, which will be a record of decisions taken, shall be circulated to Branches within 1 month of the end of Conference.

Special Group Conference

7.6 A Special Group Conference shall, subject to the approval of the NEC, be called by the Group Executive Committee or on receipt by the Group Secretary of a written application supported by not fewer than 25% of the Group's Branches following General Meetings of the Branches concerned.

7.7 The Group Executive Committee shall determine the timetable for a Special Group Conference. Branches shall receive at least 4 weeks notice of a Special Group Conference that shall include the agenda. Only business shown on the agenda shall be dealt with.

Group Conferences – General

7.8 Group Conferences shall be governed by the Standing Orders shown in Appendix A.

7.9 The Group President or (in the absence of the President) a Vice President shall preside as Chairperson.

7.10 Voting at Conference shall be by show of hands except when a card vote is either called by the Chairperson or demanded by at least 25 delegates. A card vote may take place either instead of a hand vote or immediately after the result of a hand vote is declared. The basis of a card vote shall be one vote for every 10 members of the Branch (as determined at the appropriate date as shown in Rule 7.12 below), or part of 10. Only Branch delegates may cast a vote except that the Chairperson shall have a casting vote where an equal number of votes are cast for and against the motion.

7.11 A quorum at any Delegate Conference shall be a simple majority of those delegates entitled to attend under Rules 7.12 and 7.13 below.

Conference Representation

7.12 Representation shall be from Branches on the basis of membership on the qualifying dates as follows;

(a) The preceding 31 December for Conferences between April and
September.
(b) The preceding 30 June for Conferences between October and March.

7.13 Branches may send delegates to Group Conferences on the following basis:
Members: Delegates:
1       -  250 1
251   -  500 2
501   -  1000 3
1001 – 1500 4
Along with one further delegate for each complete additional 1000 members.

7.14 Where a Branch is entitled to send more than one delegate to an Annual Delegate Conference of the Union or to Group Conferences then the Branch should seek to reflect PCS Equality Policies.

7.15 In the event of a delegate being unable to attend a Group Conference due to an emergency, such as illness of the delegate, or illness of a member of his/her family, or bereavement, then another member of the Branch may, if the Branch so requires, succeed as delegate.

7.16 Branches may, subject to space being available and the prior agreement of the Group Executive Committee, send observers to the Group Conference. No union finances may be used for this purpose.

7.17 The Group Executive Committee shall invite nominations from branches for the positions of trainee delegates and journal reporters, and shall appoint from those nominations received.

Conference Motions

7.18 Only Branches or the Group Executive Committee may submit motions to a Group Conference. Branch motions shall have been passed at a properly constituted General Meeting of members.

7.19 Motions shall be submitted on the appropriate form and shall be received not later than 7 weeks before the date on which Conference opens.

Standing Orders Committee

7.20 There shall be a group standing orders committee ("SOC") consisting of 5 members. Each member will serve for 5 years. Each year the Chairperson shall be elected by the SOC from among those of its members next due to reach the end of their term of office. Where the chairperson is absent, the SOC shall elect a temporary substitute. The quorum shall be 3 out of 5 of the elected members together with a deputed member of the Secretariat.

7.21 SOC members shall not be delegates of Branches nor entitled to speak or vote on Conference business.

7.22 In every year after conference the senior member(s) of the SOC shall retire and shall be eligible for re-election. Where more than one member retires at the end of any electoral year, either by rotation or voluntarily, then the terms of office of those elected will be governed by the principles that the highest polling successful candidate will fill the vacant position that has the longest period of office to serve and the lowest polling successful candidate will fill the vacant position that has the shortest period of office to serve.

7.23 The SOC shall be responsible for considering motions and other business submitted for the Agenda of an Annual and Special Conference and shall:

(a) Arrange motions into a convenient agenda and construct composite motions, so as to provide for the efficient despatch of business.

(b) Submit an agenda, timetable and such other recommendations as it sees fit, to Conference for consideration.
(c) During Conference, consult the Chairperson of Conference on all matters relating to the agenda, timetable and procedure and report and recommend thereon as necessary.
(d) Exclude any motion from the agenda which the Group President and Group Secretary consider (after taking legal advice) may provide grounds for any legal proceedings against the Union or any of its officers or agents or printers. The decision of the Group President and Group Secretary shall be final and shall not be open to any form of discussion or challenge, by or at Conference, or at all. A copy of the written legal advice shall be provided to the SOC and to the submitting Branch.

Election at the Annual Group Conference

7.24 The Annual Group Conference shall elect, by card vote where necessary, the following to serve the Group.
(a) One or more SOC members
(b) Two Auditors
(c) Four Editorial Board members
(d) Ten members of each Equality advisory committee.
Members elected to these positions cannot also serve, at the same time, as elected members of the Group Executive Committee.

7.25 In the event of a casual vacancy in the Standing Orders Committee, Group Auditors or Editorial Board between conferences, the Group Executive Committee may fill the vacancy until the next Group Conference by appointing the candidate then standing highest among the unsuccessful candidates at the last election still available and qualified under these rules so to serve. If no successful candidate is available and qualified, nominations shall be invited from Branches and the GEC shall appoint from the nominations received. Any member filling such a vacancy will serve until the next Group Conference where the remaining term of that vacancy will be filled by a new election at
Group Conference.

SECTION 8 – FINANCE

8.1 Group funds shall consist of the monies remitted by the NEC, together with such other monies as may be raised by the Group. The Group may not raise funds except on a voluntary basis, or expend any funds except for purposes consistent with the Union’s policies.

8.2 Group funds shall be administered by the GEC for the purposes of the Group, subject to the overriding authority of the NEC

8.3 The financial year of the Group shall run from 1 January to 31 December.

8.4 An account in the name of the Group shall be opened with a bank approved by the NEC. Cheques drawn upon the account shall require two signatures. Authorised signatories to the account shall include the Group Treasurer and Group Secretary and up to six other persons appointed by the Group Executive Committee from amongst its number.

8.5 The Group Treasurer shall maintain appropriate records of the Group’s financial activities, which shall be made available for inspection at each GEC meeting. An accounting statement shall be prepared in respect of each quarter, which shall be presented for approval to the next convenient GEC meeting: on approval it shall be signed by the Group President, and a copy sent forthwith to the National Treasurer.

8.6 The Group Treasurer shall produce for inspection at each meeting of the Group Executive Committee the account book and bank statements and such other documents as may be required by the Group Executive Committee. The Group Treasurer shall normally submit a Financial Report to the Group Executive Committee at each meeting; and shall give up all documents, books, monies and the property of the Public and Commercial Services Union when required to do so by the Group Executive Committee.

8.7 Each quarter the Group Vice-President, or designated Group Officer, shall be required to inspect the accounts and sign a statement to the effect that the account book and bank statements can be reconciled and that no cash balance is held. At the end of the financial year this inspection shall be undertaken by the Group President.

8.8 The Group Treasurer shall prepare an annual budget for estimated expenditure for approval by the GEC. On approval, the statement shall be forwarded (together with any explanatory notes and supporting schedules) to the National Treasurer by the date laid down by the NEC.

8.9 The Group Treasurer shall prepare annual accounts for the preceding year, in the form prescribed by the NEC, and present them to the GEC for approval. The Group Executive Committee shall cause the accounts of the Group to be regularly entered into proper books and shall once a year submit for audit by duly elected Auditors the accounts up to the end of the previous year with a general statement of the same and all necessary vouchers. Following approval by the GEC the Group Treasurer shall submit them to the National Treasurer as soon as practicable (not later than 28 February).

8.10 Expenses necessarily incurred in attending Group Delegate Conferences and meetings of the GEC (or of its sub-committees) shall be reimbursed from Group funds within limits determined by the NEC.

8.11 The costs of travelling together with subsistence allowances at such rates as may be determined from time to time by the NEC and other expenses necessarily incurred in attendance at Conference of the Group, meetings of the Group Executive Committee or its committees or of any authorized purposes of the Group shall be reimbursed from Group funds. All claims shall be checked and approved by the Group Treasurer and/or Group President or Secretary.

8.12 The Group Treasurer, in conjunction with the Group Secretary, shall ensure that the Group accounts and all relevant documentation shall be retained for the statutory six years.

8.13 The accounts of the Group shall be audited before submission to the Annual Group Conference by two Auditors who will be elected in accordance with Rule 7.24 above.

SECTION 9 - DISTINGUISHED AND HONORARY LIFE MEMBERSHIP

9.1 Nominations for Distinguished Life Membership of the Group shall proceed only from the Group Executive Committee. Branches may recommend to the Group Executive Committee names of candidates for Distinguished Life Membership. Distinguished Life Membership may be conferred upon any member of the Group who has received the required Branch recommendation and GEC nomination.

9.2 Nominations for Honorary Life Membership of the Group shall be recommended by branches to the Group Executive Committee. Honorary Life Membership may be conferred upon any member of the Group who has received the required Branch recommendation and GEC nomination.

SECTION 10 - GROUP PUBLICATIONS

10.1 The management of Group publications shall be vested in the Group Executive Committee. The Group Executive Committee shall establish an Editorial Board to advise the Group Executive Committee. The Annual Group Conference shall elect, by card vote where necessary, four members of the Editorial Board.

10.2 The Editor of any Group publications shall be appointed by the Group Executive Committee annually at its first meeting after the Annual Group Conference or as necessary. The Editor shall be entitled to attend any meeting of the Group Executive Committee.

SECTION 11 - GROUP REPRESENTATIVES

11.1 Group representatives on the Revenue & Customs Council of Civil Service Unions and on Departmental Whitley bodies shall be appointed by the Group Executive Committee.

SECTION 12 – MISCELLANEOUS

12.1 These Rules may only be altered, amended, added to or rescinded by Annual or Special Conference, provided that notice of the alteration is given on the agenda of the meeting and that a resolution approving the alteration is passed by not less than two-thirds of the votes cast.

12.2 The President shall determine any question as to the interpretation of the Group's Rules, including any question as to whether or not the Rules are silent. The Group Executive Committee shall determine any question on which Rules are silent. Any ruling made under this rule may only be challenged by a Branch or ordinary member, in writing to the Group Secretary stating the reasons for the challenge. A challenge by a Branch must have been passed at a properly constituted General Meeting. A challenge shall only be upheld by the Group Executive Committee on a majority of not less than two-thirds of those present and voting.

12.3 A copy of these Rules will be supplied to any member of the Group upon application to the Branch or Group Secretary.

APPENDIX A: CONFERENCE STANDING ORDERS
ORDER OF BUSINESS

A1 The order of Group Conference business shall be decided by Conference on the recommendation of the SOC and shall comprise:
(a) Report of the SOC and references back.
(b) Records of Decisions of the previous Group Conference.
(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 Group Executive Committee reports and papers.
(g) Motions.
(h) Other business.

A2 At an early stage in the Conference the Group Executive Committee Report will be introduced by the Group Secretary who will then propose its adoption. When all sections of the report have been considered, the motion for its adoption (as amended) will be put without further discussion.

A3 All Officers, Group Executive Committee members and delegates should attend all sessions.

MOTIONS

A4 All motions shall be in the affirmative.

A5 Motions shall be moved when called and seconded immediately after the mover's speech, otherwise they shall fall. Neither a Branch nor the GEC may second their own motion.

A6 A motion(s) may be withdrawn only by the mover and with the consent of Conference.

A7 Motions other than those appearing in the booklet of motions shall not be accepted except:
(a) Emergency motions which must have been passed at a properly constituted General Meeting of a Branch, or meeting of the Group Executive Committee (as the case may be) and submitted in writing to the SOC by noon on the Friday before Conference.
(b) Motions to refer back an SOC report or suspend Standing Orders, or motions of order.

A8 A motion to amend shall not directly negate the substantive motion, and if carried shall become part of it.

A9 A motion once lost may not be moved again at the same Conference.

A10 A motion shall not be tabled for debate where, in the opinion of the SOC, it contains substantially the same or equivalent proposition as considered by Group Conference in either of the two preceding years and where there has been no significant change in relevant circumstances.

A11 In all normal circumstances motions will be moved only by a delegate from the sponsoring Branch (or a spokesperson for the Group Executive Committee in respect of any Group Executive Committee motion). If the Branch representation is not present the motion will fall, unless Conference otherwise directs in which case another delegate may 'adopt' the motion and move it.

MOTIONS OF ORDER

A12 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 proceeds to next business.
(d) That Conference does now adjourn.
Motions for 'The previous question' shall not be allowed.

A13 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.

A14 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.

A15 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

A16 Delegates raising a point of order shall seek to prove one or more of the following:
(a) That the speaker is using discriminatory or abusive language.
(b) That one of the Union's Rules is being broken.

REFERENCE BACK OF SOC REPORT

A17 Branches must give written notice of their intention to move reference back of the SOC report by noon on the Friday before Conference, with details of proposed alterations, and with reasons for it. The Branch delegation shall meet the SOC before Conference at a time determined by the SOC.

A18 Only Branches that 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.

SUSPENSION OF STANDING ORDERS

A19 These Standing Orders shall not be suspended except with the support of not less than two-thirds of the votes cast.

A20 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.

A21 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 Rules.

A22 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

A23 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 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.

A24 If two or more delegates seek to speak at the same time, the Chairperson shall decide which shall speak first.

A25 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 Group Executive Committee statements where Conference has agreed to provide for such questions.

A26 Speeches by movers of motions shall be limited to 4 minutes, except that Group Executive Committee speakers may be allowed up to 6 minutes to introduce a major motion or Conference paper. All other speeches including mover's right of reply shall be limited to 3 minutes. Any member may formally second any motion and reserve their speech until later in the debate.

A27 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.

A28 The mover of a motion exercising a right of reply shall deal solely with points of opposition raised in the debate.

A29 The Chairperson shall ensure that where opposition to a motion exists, opportunity shall be given for this opposition to be expressed in debate.

A30 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.

A31 During a speech other delegates may rise to address the Chairperson only on
a point of order.

CARD VOTES

A32 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

A33 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 Vice- President without discussion. The Chairperson's ruling shall only be reversed with the support of not less than two-thirds of the votes cast.

A34 The ruling of the Chairperson on a point of order shall be final and not open to discussion.

A35 The Chairperson may operate the 'guillotine' at their discretion when the time allotted on any agenda section expires. The Chairperson may use their discretion when GEC speakers are supporting non-contentious motions and ask if they wish to ‘move to the vote’ to save Conference time.

SOC PROCEDURAL RULES

A36 The SOC shall separate and list motions into the following categories:
Category A Motions for debate, grouped as far as practicable under the main headings appearing in the Annual Report.
Category B Motions covered by or composited with motions in Category A.
Category C Motions that confirm existing policy.
Category D Motions that seek to reverse policy as determined at Conference within the last two years.
Category E Motions capable of being dealt with by correspondence with the Executive Committee.
Category X Motions not properly submitted or not proper to 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 that 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 Groups 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 that it considers may provide grounds for legal proceedings.

A41 The SOC shall be available to meet delegates at certain times on the afternoon 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.

A43 The SOC shall ensure that a report containing emergency motions is made available to delegates before Conference begins.

A44 During Conference the SOC shall advise the Conference 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: BRANCHES

[The contents of this Appendix are not appropriate for discussion or amendment at Group Conference; they are extracts from the PCS National Rules and are provided for the convenience of reference for members and Branches]

COMPOSITION OF BRANCHES

4.1 Members shall be organised into Branches at the discretion of the NEC, wherever practicable on the basis of those sharing the same employer or bargaining group located within reasonable proximity to one another or in a single place of work. The minimum number of members in a Branch shall be 50, unless the NEC considers there are exceptional circumstances.
4.2 Each Branch shall:
a) Take action, subject to the authority of the NEC, to protect and promote the interests of its members.
b) Recruit and retain members.
c) Promote the most effective practicable system of local and workplace representation.
d) Promptly furnish any information, and complete any returns, required by the NEC.
e) Assist the NEC to carry out the Objects, and comply with the Rules, of the Union.
4.3 The NEC may allocate to a Headquarters Branch any person qualified to be a member whom it is not practicable to include in any other Branch. The Union’s President and General Secretary shall be the Chairperson and Secretary respectively.

BRANCH GENERAL MEETINGS

4.4 Except where the NEC considers that the scattered location of members makes it impracticable, each Branch Executive Committee (“BEC”) shall arrange Branch General Meetings as follows:
a) An Annual General Meeting (“AGM”).
b) One or more General Meetings to determine motions and nominations for the Biennial Delegate Conference; where such a meeting is not the AGM it shall be convened on the same basis as it.
c) One or more General Meetings to instruct the Branch Delegate(s) on motions and other Delegate Conference business.
4.5 Each Branch’s constitution shall provide for a Special General Meeting to be convened at the request of a minimum number or proportion of members, and for an Extraordinary General Meeting to be convened by the BEC.

BRANCH EXECUTIVE COMMITTEES

4.6 Each Branch shall elect a Chairperson, Secretary and Treasurer. The name and address of a newly elected officer shall be notified to the General Secretary by the Branch Secretary within 7 days. Where a new Branch is formed (other than by a Branch merger), a Branch Secretary may be appointed by the NEC; the member so appointed shall convene a General Branch Meeting within 6 weeks to approve the Branch Constitution.
4.7 Each Branch shall have a BEC composed of:
a) Branch Officers and other members elected by all Branch members.
b) Local (or senior) representatives. Local or (senior) representatives shall constitute a majority on the BEC, except where the NEC, after consulting the Branch, considers it
impracticable.
4.8 Where a Branch has members from more than one category of grades, its constitution shall ensure that the interests of members from each category are adequately represented.

LOCAL REPRESENTATIVES

4.9 Each Branch shall have a system of local representatives, except where the NEC, after consulting the Branch, considers it impracticable. Members shall be grouped into constituencies by workplace, location, grade or function. Each constituency shall elect annually a local representative.
4.10 Each local representative shall be a BEC member, except that Branches may establish a system of senior representatives, elected by local representatives, who may replace them in their entirety on the BEC. A local representative elected as a Branch officer may be replaced as local representative by further election.

BRANCH ACCOUNTS

4.11 Each Branch shall at its AGM elect 2 auditors, who shall not be BEC members, to audit the Branch accounts.
4.12 The Branch Treasurer shall present to the AGM a financial report and audited accounts for the preceding year in the form prescribed by the NEC. A copy shall be sent to the Head Office as soon as practicable, and in any event by not later than 31 March. Branch accounts shall be kept available for inspection for 6 years following the last date to which they relate.
4.13 Any subscriptions paid in cash shall be sent by the Branch Treasurer to the Head Office as soon as practicable (and in any event not later than the last week in each quarter).

FUNDING OF BRANCHES

4.14 The NEC shall make payments to each Branch for Branch expenses, on a per capita basis for each ordinary member. The level of payment shall be determined by the NEC, and shall take into account special circumstances affecting Branches. If a Branch considers that it requires a supplementary payment it may apply to the NEC: applications shall be accompanied by a budget statement detailing all Branch spending since the last annual financial return, and all proposed Branch spending. Applications for supplementary payments covering local education or campaign spending shall be made separately. The NEC’s decision on any application shall be final.
4.15 A Branch’s membership shall be that used to determine representation at Delegate Conferences, except that a new Branch shall be assessed for the first year by the General Secretary.
4.16 Payments to a Branch shall be varied by the NEC to reflect the balance of a Branch’s funds at the end of the previous financial year, after excluding funds raised by the Branch’s own activities; except that a Branch which has complied with this Section of the Rules shall be permitted an operating balance at the start of the financial year of not less than one instalment of the payment to it determined in accordance with supplementary rule 4.14.

4.17 Payments to Branches shall be used solely to meet expenditure on activities which the NEC considers to be in conformity with the Union’s policies.

BRANCH CONSTITUTION

4.18 Each Branch shall be governed in accordance with the Model Branch Constitution contained in Appendix B to these Rules. Branches may amend their constitution, except that any amendment must be consistent with this Section of the Rules and shall not take effect unless:
a) Supported by not less than two-thirds of the votes cast at an AGM or at a General Meeting convened for the purpose of considering it; and:
b) Subject to NEC approval, or the approval of a body or officer delegated by the NEC, and not valid or binding until then.

LOCAL TRADE UNION SIDES

4.19 Co-ordinating committees shall be established where more than one Branch is involved in a local trade union side. Branch representatives on a local trade union side shall be accountable to the co-ordinating committee or BEC (where no co-ordinating committee exists) and act in conformity with Union policy. No member shall sit on a local trade union side without Union authority.


APPENDIX C: TRANSITIONAL ARRANGEMENTS

C1 In framing the new Group Constitution the Group Executive Committees have had to balance contemporary circumstances with longer term objectives. Both parties agree that a full merger of the former Customs & Excise and Inland Revenue Groups will best be achieved through providing representational structures that give all PCS Group members confidence that their interests are being served. In the short term it has been necessary to invoke a transitional period where electoral reservations shall apply, as outlined below. The transitional period shall be from Annual Group Conference (AGC) 2005 to AGC 2009. This transition period will cover elections held up to AGC 2008. Members seeking election will be defined as former Inland Revenue or former Customs & Excise by reference to their substantive post as at 31st March 2005.

C2 Reserved places (Group Executive Committee)
For elections conducted during the transitional period, the reservations are:-
2 Vice Presidents - 1 shall come from Inland Revenue and 1 shall come from Customs & Excise.
10 Assistant Group Secretaries - 6 shall come from Inland Revenue and 4 shall come from Customs & Excise.
All other officerships may be filled by any member.
1 President.
1 Deputy Group Secretary, who shall be the PCS nominated Departmental Trades Union Side Secretary.
1 Group Treasurer.
In addition there shall be 25 Group Executive Committee Members - 15 shall come from Inland Revenue and 10 shall come from Customs & Excise.

C3 Reserved Places (Conference Elections)
Conference shall elect the following :
2 Auditors – 1 shall come from Inland Revenue and 1 shall come from Customs & Excise.
4 Members of the Editorial Board - 2 shall come from Inland Revenue and 2 shall come from Customs & Excise.
5 Members of Standing Orders Committee to be elected at 2006 Annual Group Conference – 3 shall come from Inland Revenue, 2 shall come from Customs & Excise. These 5 shall serve until Conference 2009, when 3 shall be elected.
10 Members of the Group Women’s Advisory Committee – 6 shall come from Inland Revenue and 4 shall come from Customs & Excise.

C3A
In 2009, elections will be held for all 5 places on the group standing orders committee (SOC) and candidates will be advised that the highest polling candidate will serve for 5 years (retiring in 2014), the second highest polling candidate will serve for 4 years (retiring in 2013), the third highest polling candidate for 3 years (retiring in 2012), the fourth highest polling candidate will serve for 2 years (retiring in 2011), and the lowest polling candidate will serve for 1 year (retiring in 2010). In 2010 a new SOC member will be elected for 5 years (retiring in 2015). In 2011 a new SOC member will be elected for 5 years (retiring in 2016). In 2012 a new SOC member will be elected for 5 years (retiring in 2017). In 2013 a new SOC member will be elected for 5 years (retiring in 2018). In 2014 a new SOC member will be elected for 5 years (retiring in 2019). In 2015 a new SOC member will be elected for 5 years (retiring in 2020). In 2016 a new SOC member will be elected for 5 years (retiring in 2021). The cycle of yearly elections for 1 SOC member to serve for 5 years will be repeated annually thereafter.

REVIEW

C4 This 2005 Special Delegate Group Conference agrees that the continuing need for reservations, as set out in C1 of these Transitional Arrangements, should be thoroughly examined by the GEC and a paper presented by the GEC to Conference 2007.