Constitution

 

1) Name

The name of The Association shall be known as The Association of NMH Providers, (where NMH stands for Non-Medical Help).

2) Aims

 The aims of The Association

  • Disseminate information and guidance to members on government funding, auditing and other initiatives relevant to the sector
  • Develop and maintain links with other professional organisations involved in the provision of services to disabled students
  • Attract and maintain the widest representation from those with a stake holding in DSA-funded NMH provision
  • Represent and be the collective voice of those with a stake holding in DSA-funded NMH provision.
  • Act in an advisory capacity to appropriate stake holders including the Department for Education, statutory funding bodies and any designated auditing body
  • Promote best practice, quality and improvement across the sector to ensure the most effective outcomes for students.

 3) Authority of the Association

The Association of NMH Providers Management Committee will be acting as the representative body of the Association members.

 

4) Powers

 In order to achieve its aims The Association may:

a) Have regular meetings and forums

b) Open bank accounts

c) Hold appropriate insurance

d) Approve reasonable expenses

e) Organise courses and events

f) Work with similar groups and exchange information and advice with them

g) Do anything that is lawful which will help it to fulfil its aims

 

5) Membership

 a) Membership of The Association shall be open to any individuals over eighteen without regard to disability, political or religious affiliation, race, sex or sexual orientation or gender reassignment who are:

  • Institutional DSA-funded NMH providers (e.g. a Higher Education provider (HEP) providing 1:1 study skills funded through DSA) providers
  • Non-institutional DSA-funded NMH providers, including individual, for profit and not for profit providers

b) The membership of any member may be suspended for good reason by the Management Committee, if they act in a way that is detrimental to the association and its members: Provided that the member concerned shall have the right to be heard by the Management Committee, accompanied by a friend or colleague before a final decision is made.

c) Fees:

Individual Member – £25 per annum.

Institution/organisation: nominated members may be changed at any time to reflect staffing changes.

One member – £25

Up to five members – £100

d) Voting rights: each individual member has the right to vote.

 

6)Management Committee

a) The Association shall be administered by a Management Committee of not less than five and not more than ten individuals elected at The Association’s Annual General Meeting (A.G.M.). Included in the overall number of Management Committee members shall be the 4 Officer posts. The Management Committee should be representative of a variety of NMH models.

b) The Officers of the Management Committee shall be: the Chair, the Vice-Chair, the Treasurer and the Secretary.

c) The Management Committee may appoint any other member of The Association as a Committee member to fill a vacancy, provided that the maximum prescribed is not exceeded.

d) The Management Committee may co-opt onto the Committee, up to three individuals.

e) The Management Committee shall meet at least two times a year.

f) At least four Management Committee members must be present for a Management Committee meeting to take place (the quorum).

g) Voting at Management Committee meetings shall be by a show of hands. If there is a tied vote then the Chair shall have a second vote.

h) The Management Committee shall have the power to remove any member of the Committee for good and proper reason, which may include non-attendance at meetings.

i) The Chair and the Vice Chair may serve for a term of two years, on a staggered basis. The Chair shall be eligible for election for no more than one additional year. The Treasurer and the Secretary shall be re-elected annually, and may serve indefinitely. Ordinary Members will also be re-elected annually.  The membership will be consulted about membership of the Management Committee on an annual basis.

 7) The Duties of the Officers

a) The duties of the Chair shall be to:

 

Chair meetings of the Committee and The Association

Represent The Association at meetings

Act as the spokesperson of The Association when necessary

 

b) The duties of the Vice Chair shall be to:

 

Deputise for the Chair in all duties when necessary.

 

c) The duties of the Secretary shall be to:

 

prepare in consultation with the Chair the agenda for meetings of the Committee and The Association

take and keep minutes of all meetings

collect and circulate any relevant information within The Association

help the Chair when necessary in preparation of materials or organisation of events

organise and collate proposals and seconds in advance of the AGM.

 

d) The duties of the Treasurer shall be to:

 

keep and maintain the membership list

supervise the financial affairs of The Association

keep proper accounts that show all monies received and paid out by The Association

prepare and present the Association annual accounts

8) Code of Conduct

Each member of the association should respect the responsibilities of association membership and act accordingly, including:

  • Acting in good faith in the interests of the Association, not permitting any personal or business interest to take precedence;
  • Maintaining confidentiality and respecting sensitivity of information that may be provided in accordance with the Data Protection Act 2018[1]
  • Avoiding conflict (actual or potential) between their personal interests and their duties to the association;
  • Disclosing any actual, potential or perceived conflict of interest, financial or otherwise to the association chair;
  • Bring The Association into disrepute through social media or other means of communication

9) Finance

a) All monies received by or on behalf of The Association shall be applied to further the aims of The Association and for no other purpose.  This includes expenses incurred by The Association.

b) Any bank accounts opened for The Association shall be in the name of The Association

c) Any financial transactions shall be signed by the Treasurer and one other nominated member of the Management Committee.

d) The Association shall ensure that its accounts are independently examined every year.

10) Annual General Meeting

a) The Association shall hold an Annual General Meeting (A.G.M.)

b) All members shall be given at least fourteen days’ notice of the A.G.M. and shall be entitled to attend and vote.

c) The business of the A.G.M. shall include:

receiving a report from the Chair on The Association’s activities over the year

receiving a report from the Treasurer on the finances of The Association

electing a new Management Committee

reviewing membership fees and

considering any other matter as may be decided.

 

11) General Meetings

a) Meetings may be called at any time. There shall be a minimum of 1 General Meeting each year, which may include the A.G.M.

b) All members shall be entitled to attend and vote.

12) Special General Meeting

A Special General Meeting may be called by the Management Committee or a quorum of 25% of members to discuss an urgent matter. The Secretary shall give all members fourteen days’ notice of any Special General Meeting together with notice of the business to be discussed.

 

13) Alterations to the Constitution

Any changes to this Constitution must be agreed at a General Meeting, by at least two-thirds of those members who are present and exercising their right to vote at the Meeting.

 

14) Dissolution

The Association may be wound up at any time if agreed by two-thirds of those members who are present and exercising their right to vote at any General Meeting. In the event of winding up any assets remaining after all debts have been paid shall be given to another Association or charity with a similar aim, as determined by the Membership, for example furthering the wellbeing of students studying in Higher Education.

 

15) Adoption of the Constitution

This Constitution was adopted at the General Meeting held on Tuesday 2nd July 2019 through agreement by two-thirds of members present and exercising their right to vote.

[1] The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR).