Group for Solicitors with Disabilities
Constitution
1. Name, Definition and Objects
1.1 Name The name of the Group is the Group for Solicitors with Disabilities (GSD).
1.2 Definition In this constitution "disabled lawyer" means a solicitor, a trainee solicitor or a law student who seeks to qualify at a later date as a solicitor, and (in the case of every such person) who has a disability as defined in the Disability Discrimination Act, 1995.
1.3 Objects The objects of the GSD shall be:
1.3.1 To represent, promote and develop the interests of disabled lawyers;
1.3.2 To provide opportunities for professional, networking and social activities for disabled lawyers and to collaborate with other bodies representing disabled legal professionals;
1.3.3 To encourage the provision by the Law Society and other bodies of educational courses, lectures and seminars designed to benefit the standing of, and to improve opportunities for, disabled lawyers.
1.3.4 To consider, and if thought appropriate to respond on behalf of disabled lawyers to consultation and similar documents circulated by the Law Society and other bodies.
1.3.5 To publish a newsletter or other periodical to members, associate members and others.
2. Status
The GSD is recognised as a group by the Law Society and is accordingly bound by its constitution and policies so far as they relate to recognised groups.
3. Membership
3.1 Ordinary Membership is open to all disabled lawyers who pay the appropriate subscription (if any).
3.2 Associate Membership – may be granted at the discretion of the National Committee to any lawyer, trainee or student not eligible for ordinary membership for such period and on such terms as the National Committee shall decide. An associate Member shall be entitled to attend all General Meetings of the GSD, but not to vote nor to be eligible for election to the National Committee, nor to hold office.
3.3 Termination of membership
(a) A Member may resign at any time on sending notice in writing to that effect to the Secretary.
(b) A Member who has ceased to be a member of the Law Society shall be deemed to have resigned.
(c) Any Member whose subscription is twelve months in arrear shall be deemed to have resigned.
(d) A member shall cease to be a member on 31 December in the year not less than two years after the date on which he or she becomes a member but his/her membership may be renewed and for the purpose of this sub-clause renewal shall count as again becoming a member so that the renewed membership will terminate on 31 December in the year not less than two years after the date of renewal.
(e) If the National Committee shall resolve that any Member has acted in a manner detrimental to the objects or interests of the GSD, his or her Membership shall be terminated:-
* provided that the Member shall first be given notice of the grounds of complaint, and that an opportunity to make representations thereon to the National Committee, either personally or in writing, has been afforded to him or her.
3.3 Membership subscriptions may be fixed in General Meetings from time to time, but in no case retrospectively. Subscriptions, if any, shall be payable on admission to Membership and thereafter annually on such dates as may be fixed by the National Committee from time to time.
4. Officers
4.1 The Officers shall be the Chairman, Vice-Chairman, the Secretary and the Treasurer, each of whom shall act in an honorary capacity. The officers shall take office at the end of the Annual General Meeting at which they are elected and shall hold office for the forthcoming year until the end of the following Annual General Meeting.
The role and powers of each of the officers are defined in the appendix to this constitution.
4.2 The Officers shall each be nominated by two Members and be elected annually, at the Annual General Meeting.
4.3 If any office shall fall vacant during the year, the National Committee shall fill such vacancy from amongst its Members, and the person so appointed shall hold office until the end of the next Annual General Meeting.
4.4 The Chairman or, in his absence the Vice-Chairman, shall preside over meetings of the National Committee.
4.5 A member of the National Committee or of the Executive Committee shall cease to hold office if he or she:
(a) is struck off the roll;
(b) resigns by notice in writing;
(c) has not attended at least six Executive or National Committee meetings in the last year and the Executive Committee so determines;
(d) at least three quarters of the other members of the Executive Committee pass a resolution that he or she be removed from office.
(e) ceases to be a member of GSD.
5. General meetings
The members of GSD in general meetings shall have the supreme governance of GSD. A general meeting of GSD shall be held as often as the National Committee in its discretion shall decide. Business meetings shall take place in accordance with the following rules:
5.1 There shall be an Annual General Meeting in every year held before the end of the calendar year following the end of the GSD's financial year. All members and associate members of GSD have the right to attend the annual and other general meetings, the date of which shall be fixed by the National Committee and notified to Members and associate members in accordance with 6.1 below. The agenda for an Annual General Meeting shall include the following business:
(a) to receive from the Executive Committee a report of the activities of the GSD during the preceding year;
(b) to receive from the Treasurer the Accounts of the GSD for the preceding year;
(c) to elect the Officers;
(d) to elect the National Committee;
(e) to appoint the Auditors.
(f) to consider and dispose of any matter raised on notice by a member of GSD.
5.2 The National Committee may, and shall if so requested in writing by not less than twenty-five members of GSD or one tenth of its membership (whichever is the higher), call an Extraordinary General meeting for the transaction of special business.
6. Notice of Meetings
6.1 The Secretary shall send to all Members and Associate Members notice of every general meeting at least twenty-one days before the date fixed for the meeting.
6.2 The notice of meeting shall specify the time, place and purpose of the meeting and shall be accompanied by an agenda of business to be transacted.
6.3 Accidental omission to give notice of a meeting to any member or Members or associate member or members shall not invalidate any proceedings at that meeting.
7 Procedure at Business Meetings
7.1 At all Annual or Extraordinary General Meetings ten members or one twentieth of the membership of GSD (whichever is the higher) present and entitled to vote shall form a quorum.
7.2 At all such meetings the Chair shall be taken by the Chairmen; in his or her absence the Vice-Chairman; in his or her absence the meeting shall elect a Chair.
7.3 Any member wishing to raise any matter at an Annual or Extraordinary General Meeting shall give notice in writing thereof to the Secretary not later than seven days before the date of the meeting:-
* provided that the Chairman may at his or her discretion allow any matter to be raised at the meeting without such previous written notice having been given.
7.4 Every motion at any such meeting shall be proposed and seconded, and shall then be open for debate. If a motion be not seconded it shall be deemed to have been withdrawn. If there be no debate on a motion it shall immediately be put.
7.5 A general meeting called for that purpose may resolve to remove one or more officers or Executive Committee member from office:
Provided that-
(a) Any resolution under this clause shall be passed by a majority of at least three-quarters of members present voting;
(b) Immediately on the passing of such resolution the officer, officers or Executive Committee member to which it applies shall forthwith vacate office.
8. Voting
8.1 Motions, amendments and all other similar matters put to the vote at any meeting of the GSD or at any meeting of the National Committee or Executive Committee, shall be deemed to be carried by the majority vote of those present and voting. In the event of an equality of votes the Chairman of the meeting shall have a second or casting vote.
8.2 The National Committee may, if it thinks fit, make provision for postal voting.
9. Proxies
The National Committee shall make regulations for enabling Members unable to be present at any General Meeting to vote by proxy.
10. The National Committee
10.1 The National Committee shall consist of:
10.1.1 the officers;
10.1.2 each immediate past Chairman of the GSD if he or she so wishes for a maximum consecutive period of three years;
10.1.3 not more than six elected Members of the GSD (“Elected National Committee Members”);
10.1.4 The member who represents the group on the Council of the Law Society.
10.2 All elected National Committee Members shall retire from office at the Annual General Meeting and, subject to Clause 6.4, shall be eligible for re-election.
10.3. Unless otherwise determined by the National Committee, elected National Committee Members may serve on the National Committee for a maximum period of six consecutive years.
10.4 The election of National Committee Members shall take place at the Annual General Meeting.
10.5 Nominations for election to the National Committee signed by two members and the nominee shall be sent to the secretary not less than 14 days before the Annual General Meeting.
10.6 The National Committee shall be entitled from time to time to co-opt any member of the GSD (subject to the total number of co-opted Members not exceeding six) as an additional member of the National Committee or to fill a vacancy. Any member so co-opted shall retire at the Annual General Meeting following co-option but shall be eligible for re-election or re-cooption.
11. Proceedings of the National Committee
11.1 The National Committee shall be responsible for:
11.1.1 approval of the overall strategy of the GSD;
11.1.2 monitoring performance of the Executive Committee.
11.2 Procedure
11.2.1 The National Committee shall regulate the proceedings of its meetings as it shall think fit. Any member of GSD may attend meetings of the National Committee, dates of which shall be circulated to all members of GSD immediately following the Annual General Meeting.
Apart from members of the National and Executive committee, members attending meetings shall not be entitled to copies of papers but any member may request a copy of a paper on payment of a reasonable sum for copying and postage.
11.2.2 Members of GSD National Committee meetings who are not members of the Committee may take part in discussions and may question the officers but may not vote on any matter unless the Chair of the meeting agrees.
11.2.3 Any member of GSD may be invited to take part in a working party or sub-group set up by the National Committee or the Executive Committee from time to time.
11.3 The National Committee shall hold not less than four meetings every year.
11.4 At all National Committee meetings six members shall form a quorum.
12. The Executive Committee
12.1 The management of the GSD shall be vested in the Executive Committee but subject to any directions which may be given to it by the National Committee from time to time.
12.2. The Executive Committee shall have power to adopt and issue such operating procedures for the GSD as it shall think fit. At all times the Executive Committee shall ensure that members of GSD shall have an opportunity to participate in and have a say about how GSD is run or any business is to be transacted by GSD and that no member of GSD is prevented, by reason of disability or geographical location, from exercising the rights or enjoying the benefits of GSD membership.
13. Composition of the Executive Committee
13.1 The Executive Committee shall consist of:-
13.1.1 the officers;
13.1.2 the immediate past Chairman of the GSD if he or she so wishes and for a maximum period of one year.
13.1.3 the member who represents the group on the Council of the Law Society.
13.2 The Executive Committee shall be entitled from time to time to co-opt any Member of the GSD as an additional member of the Executive committee. Any member so co-opted shall retire at the Annual General meeting following his or her co-option but shall be eligible for re-cooption.
13.3 Proceedings of the Executive Committee
13.3.1 The Executive Committee shall be responsible for implementing strategy decisions of the National Committee and the managing of day to day business of the GSD. The Executive Committee shall regulate the proceedings of its meetings as it shall think fit and shall hold such business meetings as are necessary.
The Executive Committee is free to invite any member of GSD to attend any of its meetings, either for the whole meeting or part of it only, and participate in any discussion.
13.3.2 At all Executive Committee meetings three members shall form a quorum.
13.3.3 The Executive Committee may at any time create any special or standing sub-committee, working group or study group for any purpose that the Executive Committee shall decide, the terms of
reference and membership of which shall be decided by the Executive
Committee.
14. Financial year
The financial year of the GSD shall be the calendar year.
15. Alteration of Constitution
Any Annual or Extraordinary General Meeting of the GSD shall have power to alter the Constitution to any extent whatsoever:-
* provided that no alteration or addition shall be discussed except upon motion nor accepted unless by a majority of at least two thirds of the members voting thereon. Particulars of the proposed alteration or addition shall be included in the notice convening the meeting.
16 Indemnity
Every member of the National Committee, Executive Committee or any committee, or group created by the Executive Committee shall be entitled to be indemnified out of the funds of the GSD against all costs, losses, liabilities and expenses which he or she may incur or for which he or she may become liable by reason of
16.1 Any contract entered into;
16.2 Any act or thing done or not done by him or her acting bona fide in such capacity; or
16.3 in the execution of his or her duties:-
* provided always that this indemnity shall not apply in the case of:-
(a) wilful misconduct; or
(b) any action taken or not taken in breach of this Constitution, or of any operating procedures adopted by the National Committee; or
(c) otherwise in breach of authority.
Appendix
Roles and powers of the Officers
1. Chairman
1.1 To Chair general meetings of GSD, its National Committee and Executive Committee;
1.2 To represent GSD on all formal occasions;
1.3 To summon meetings of the National Committee and the Executive Committee;
1.4 Generally to supervise the work of the National Committee and the Executive Committee;
1.5 Between meetings of the Executive Committee to take action on urgent matters, that is to say, matters which need to be dealt with before the next meeting of the Executive Committee:
Provided that-
(a) The Chairman shall report to the next meeting of the Executive Committee all action taken under this power;
(b) Any such action shall not involve GSD in expenditure exceeding £500.
2. Vice-Chairman
2.1 To take the place of the Chairman at meetings he cannot or does not wish to attend;
2.2 At the Chairman's request to exercise all other powers of the Chairman except that conferred by 1.5 above.
3. Secretary
3.1 To keep a register of members and associate members;
3.2 To give all necessary notices to members and associate members;
3.3 To prepare agendas for General, National Committee and Executive Committee meetings;
3.4 To take or cause to be taken minutes of the meetings specified in 3.3 above;
3.4 To receive and deal with all correspondence addressed to GSD;
3.5 To keep the records and archives of GSD whether electronically or otherwise.
4. Treasurer
4.1 To keep the accounts of GSD;
4.2 To be a co-signatory of the bank account or accounts of GSD and to be a signatory without whose signed authority no payment can be made.
John Wall
20 February, 2004