
CONSTITUTION
AC CONSTITUTION
TABLE OF CONTENTS
TITLE SECTION PAGE
OBJECTIVES, CONSTITUTION & RULES
Name 1. 3
Definitions 2. 3
Objectives 3. 3
Membership (plus Appendix 2) 4. 4
Voting Rights 5. 4
Government & Administration 6. 5
Accounting & Auditing 7. 5, 6
Annual General Meeting 8. 6, 7
Disciplinary Procedures (plus Appendix 4) 9. 8
Alteration to the Constitution 10. 8
Dissolution 11. 8
All Appendices shall be deemed as part of this Constitution
APPENDIX 1 - Definitions 9-11
APPENDIX 2 - Requirements of Membership 12, 13
APPENDIX 3 - Qualifications for Membership of Lay Chairman 14-16
and other Officers of the Council
APPENDIX 4 -Disciplinary Procedures 17, 18
APPENDED DOCUMENTS TO THE CONSTITUTION
Terms of Reference (in Appendix 1) 10
Definition of Complementary Diagnosis (Appendix 1) 9
Financial Regulations 19-25
Constitution of A.C.
Approved by the Group
15th January 2008
AROMATHERAPY COUNCIL
OBJECTIVES, CONSTITUTION & RULES
1: NAME
1.1: The name "AROMATHERAPY COUNCIL" shall be the registered name of the Group and is hereinafter referred to as the "AC" or the COUNCIL.
1.2: The name of the AC, its symbols, signs and such written material as may be published in its name, may not be used or reproduced in any manner whatsoever, without due authorisation of the COUNCIL.
2: DEFINITIONS
2.1: For the purposes of this document a number of terms used herein have been specifically, defined, said definitions being detailed in Appendix 1.
3: OBJECTIVES
3.1: AC Mission Statement: The role of the AC is be the LEAD BODY for the UK Aromatherapy profession and to maintain the integrity of the profession by promoting and safeguarding high professional standards through upholding the values of effectiveness, inclusiveness, accountability and transparency in all aspects of its work
3.2: To establish standards of training and education for the aromatherapy profession.
3.3: To compile a list of all organisations holding membership of the AC and to recognise their members where they achieved a qualification that is benchmarked to the National Occupational Standards and AC Core Curriculum or equivalent.
3.4: To implement the AC’s Terms of Reference as amended from time to time by the COUNCIL and defined within Appendix 1.
3.5: To be a non-profit making, unincorporated organisation.
4: MEMBERSHIP
4.1: Membership of the AC shall consist of a) Association representatives
b) Lay members
c) Awarding Body representatives
4.2. Membership requirements are defined in Appendix 2.
4.3: Association members shall pay an annual membership fee of such sum and on
such due date as may be determined by the group at the Annual General
Meeting, and applied at the next renewal date. Where necessity shall arise said fee
may be varied by subsequent resolution of the COUNCIL which same shall
require a two-thirds majority vote.
4.4: Termination of membership shall arise under the following conditions:
a) Upon receipt by the AC of written notice of the intent to withdraw from membership.
b) If the member becomes in default of payment of the annual subscription for a period of 28 days from the due date and the COUNCIL having given notice by means of recorded delivery letter to the members last known address of their intent to terminate the Member's membership if payment is not made.
c) As the result of expulsion. (Refer to section 9 and Appendix 4, Disciplinary procedures).
d) If the Member organisation shall cease to operate, whether or not formal written notice be received by, the COUNCIL.
4.5: The formal withdrawing of membership from an organisation, for whatever
reason, shall be a matter for the Full COUNCIL and notice of a resolution to
effect same shall be given to all members four weeks prior to the date of an AC
meeting at which it is proposed to effect it.
5 : VOTING RIGHTS
5.1: There is no voting system, all objectives of the COUNCIL shall be reached by consensus. Where consensus is not possible, the matter will be given to a working group for further work and re-submitted to the Council.
6. THE GOVERNMENT AND ADMINISTRATION OF THE AFFAIRS OF THE AC
6.1 The final authority for all matters to do with the administration of the affairs of the AC and its government shall rest with the whole COUNCIL in formal session. A quorum for COUNCIL purposes shall consist of at least one third of all Full Members, which shall include at least one lay member and at least one signatory.
6.2: The COUNCIL shall, at its Annual General Meeting appoint:
a) A Lay Chair to serve for a period of one year
b) A Treasurer to serve for one year
6.3: The sub-boards to date are:
a) The Aromatherapy Education Board
b) The Appointments Panel (interviewing Lay members) and appointment of the
Board members for any regulatory bodies.
c) Special Purposes Board (ad hoc to deal with such things as disciplinary for
Council members (see Appendix 4).
Additional sub-boards/panels can be created or disbanded by the COUNCIL as required.
6.4: A sub/board/panel must consist of at least 4 people, preferably including a Lay member, plus a Chair in order to be quorate.
6.5: Sub-boards/panels shall be responsible for:
a) The carrying out of the general work of the group under guidelines laid down by the COUNCIL.
b) The preparation of detailed proposals in respect of specific policies under consideration as approved by the AC and their presentation to the COUNCIL.
6.6: The Sub-boards/panels shall cause a proper record of its meetings and attendance at same to be kept, which record shall, in particular, clearly show all decisions are made.
6.7: The Administrator shall ensure that the AC is properly and adequately insured against such liabilities as it may encounter in the conduct of its business.
7: ACCOUNTING AND AUDITING
7.1: The AC shall cause a proper record to be kept of all financial, legal and other matters appertaining to the operation of the COUNCIL and shall appoint auditors to examine and report annually upon the financial records of the AC for presentation to the Members at the Annual General Meeting.
7.2: The funds of the AC shall be kept in a recognised reputable banking facility and the signatories to such accounts as the AC may keep at same shall be, as hereforeto mentioned, the Lay Chair, the Office Manager, any of the Chairmen of the Sub-boards/panels and the Treasurer, with transactions up to £100 requiring one of said signatures and amounts exceeding this value to require two of said signatures.
8: ANNUAL GENERAL MEETING
8.1: The Annual General Meeting, of the AC shall take place during the month of November each year with two months written notice of date and venue being given to all members.
8.2: The current Lay Chair shall preside until the incoming Lay Chairperson has been appointed who shall then exercise his/her office immediately.
8.3: Notice of Motions affecting the Constitution shall be given in writing to the AC Office Manager no later than four weeks prior to the date of the Annual General Meeting as circulated and details of same shall be circulated to all members as part of the notification of the Agenda of the Annual General Meeting, as under 8.4 below.
8.4: Nominations
a) Nominations for Officers and Lay members must be given in writing to the Administrator, no later than 4 (four) weeks prior to the date set for the Annual General Meeting.
b) In the event that no nomination is received by the due date in respect of one of the signatory or other designated offices then exceptionally nominations may be taken at the Annual General Meeting.
c) Nominations may only be made by Full Member organisations with the written consent of the nominee.
d) The OA shall confirm with all nominees their willingness to stand for the position for which they have been nominated and in the event of their acceptance said nominee shall be required to supply to the OA brief details of themselves for circulation to the members. In addition, the nominee shall sign a Declaration of Intent to abide with the aims and objectives of the AC to confirm their commitment to donate sufficient time to fulfil the position of an elected member.
e) The qualifications for Lay membership and other Officers are set out in Appendix 3 of this Constitution.
f) Lay members and other Officers may, offer themselves for re-election to the same or a different office.
8.5: The Agenda of and confirmation of the date and venue of the Annual General Meeting shall be sent to all members, 3 weeks prior to the given date and said Agenda shall include notice of and details regarding all Motions affecting the Constitution.
8. 6: The Agenda and business of the Annual General Meeting shall include, but not be limited to, the hearing of the reports of the Officers and the Auditors, the election of a new Lay members, discussion and voting on Resolutions and Any Other Business.
8.7: Each Member organisation shall provide written notification to the Office Manager, prior to the commencement of the Annual General Meeting, or an Extraordinary General Meeting, of who its appointed voting representative(s) shall be and the Office Manager shall provide the Lay Chair of the AC with a list of said representatives.
8.8: In the event that a Full Member organisation is unable to provide a personal representative at the Annual General Meeting or an Extraordinary General Meeting, it may inform the Office Manager by any written form.
8.9: For the purpose of the Annual General Meeting or an Extraordinary General Meeting the presence of at least one third of Full Members for the given year of the COUNCIL shall constitute a quorum..
8.10: No business shall be transacted at the Annual or an Extraordinary General Meeting unless a quorum is present. If within half an hour of the appointed time for the commencement of the meeting a quorum is not present, the meeting shall be dissolved and adjourned to a day and time to be determined by those members present, which day shall be within one calendar month of the original date. The date and time of the reconvened meeting shall be circulated to all members by the Office Manager and if at the adjourned meeting a quorum is still not present at the end of one half hour from the time appointed the members present shall constitute a quorum
8.11: An Extraordinary General Meeting may be called by a two-thirds majority of the Full Members.
8.12: The reason and purpose of such a meeting shall be circulated to all members not less than one month prior to the date set.
8.13: The rules governing voting at an Extraordinary General Meeting shall be those as defined herein for the Annual General Meeting.
9: DISCIPLINARY PROCEDURES
9.1: In the event that the COUNCIL considers that a member organisation or lay member may be in breach of one or more of its obligations as a member of the AC it shall inform said member in writing of the nature of the alleged breach and shall require said member to respond within 28 days.
9.2: In the event that, having duly requested a member in breach as per 9.1 above:
a) and in the event that there is no response, the AC shall be empowered to
commence disciplinary proceedings against said member as laid down in Appendix 4
of this Constitution.
b) any response needs full consideration by the AC
c) and if the response is unsatisfactory, the AC shall be empowered to commence
disciplinary proceedings against said member as laid down in Appendix 4 of this
Constitution.
10: ALTERATION TO THE CONSTITUTION
No amendment, addition or deletion may be made to this Constitution that would put the AC at variance with the law of England and Wales. Alterations can only be made at an AGM or EGM.
11: DISSOLUTION
a) The AC may be dissolved by the passing of a special resolution framed to that end at an Extraordinary General Meeting convened for that purpose.
b) Any assets remaining on dissolution of the AC after satisfying outstanding debts and liabilities may be transferred to some other voluntary or non-profit making organisation(s) as agreed by the AC having similar Objects or concerns, and once those objectives have been met, at the Dissolution Meeting.
c) If no such resolution is made at the EGM, upon dissolution the assets be distributed back to the Full Members pro-rata to their subscription.
d) Upon
dissolution, outstanding debts become the liability of the Full Members
pro-rata to their subscription.
APPENDIX 1
Definitions
The purpose of this Appendix is to provide clear definitions of the meanings applied by the AC to certain words or terms appearing within the main body of this Constitution and Objects of the AC and its associated Appendices, which same might otherwise be mis-interpreted or have an alternative, even though similar meaning applied to them by some parties.
1: AROMATHERAPY
For the purposes of the AC the term "AROMATHERAPY" shall be taken to mean the systematic topical/external use of essential oils, excluding direct ingestion, in holistic treatments to improve physical and emotional well being of human beings. Whenever the word Aromatherapy is used within the Constitution and its appendices, this definition shall apply.
2: AROMATHERAPIST
An "Aromatherapist" is a person who practices aromatherapy and has been trained to a specific standard, as may be defined by the COUNCIL from time to time, in the use of Essential Oils for therapeutic purposes.
The Aromatherapist is able to utilise a range of complementary diagnostic techniques within the scope of their practice to evaluate the needs of their patient and has the therapeutic skills and knowledge to undertake an aromatherapy treatment suitable for an individual in line with Section 12(1) of the Medicines Act 1968 (i.e. after a face to face consultation).
This will be reviewed constantly and keep it as an area of development and scrutiny for the future depending on how things develop within the MHRA and S12 (1).
Definition of Complementary Diagnosis:
The aromatherapist will use a number of techniques to assess the presenting symptoms of the patient, the underlying causes of the illness and then make recommendations about the potential treatment/s which may be appropriate.
The patient may bring a medical history based on a series of allopathic diagnoses, which will serve to provide an indication of a named condition. However the aromatherapist will need to assess the case from different criteria and no attempt should be made to describe a complementary diagnosis in allopathic terms unless the practitioner is so qualified.
Aromatherapists who wish to refer their patients for an allopathic diagnosis or tests should exercise care in the way in which they describe their understanding of the presenting symptoms; an aromatherapist might detect something during the course of an aromatherapy massage treatment but it may be outside their competence to put an allopathic medical name to the condition.
3: ESSENTIAL OILS
Essential oil means: odorous volatile substances extracted from a single botanical source.
4: LEAD BODY
“Lead Body” means that the AC shall be the main unifying body for the UK Aromatherapy profession for practitioners involved in the representation of, or teaching of, individuals practising, or seeking to practice Aromatherapy within the United Kingdom, as defined hereinto before, and as such shall have the following functions and powers.
a) To act as a link organisation between its members and the field of Aromatherapy generally.
b) OLD B REMOVED
b) To undertake the defining of standards of conduct, practice and training appropriate to individuals practising or operating within the field of Aromatherapy and to liaise with professional bodies and other organisations so that they require their own members to adhere to such standards
5: TERMS OF REFERENCE
Aim: To act as a focal point for all matters relating to aromatherapy.
Lead Body Status:
i. To consult with and encourage the participation of all organisations representing aromatherapists.
ii. To review applications made from Awarding bodies to the QCA and Sector Skills for Health
iii. To deal with media enquiries in respect of aromatherapy.
iv. To promote the profession and use of aromatherapy
i. To develop criteria for the definition of practitioner, levels of practice and relevant benchmarking of qualifications.
ii. To advise national regulators on educational standards and any other matters that may arise from time to time
iii. To work alongside and consult with QCA, SfH and Awarding Bodies on relevant educational matters as may be requested.
i. To provide administrative structure and support.
ii. To manage financial affairs.
iii. To provide a coordinated approach to the dissemination of information through the Administrator
iv. To promote the work of the COUNCIL.
APPENDIX 2
Requirements of Membership
1: ALL CATEGORIES
The following requirements shall apply to all categories of membership:
a) No organisation shall be considered to be a member of the AC if it has failed to pay within such period as may have been defined by the COUNCIL, or as laid down within the Constitution, such annual or other subscription as may be set from time to time as being required for its class of membership.
b) No organisation which is not financially solvent can be considered for or continue as a member of the AC.
2: MEMBERS - PROFESSIONAL ASSOCIATIONS & AWARDING BODIES
The following additional requirements to section 1 shall apply to all members:
a) To be considered as a Professional Organisation within the field of Aromatherapy an organisation must represent individual Aromatherapist practitioner members holding Full Membership qualifications of their Association or be an Awarding Body, paying a fixed membership fee as decided upon by the full COUNCIL. The initial rate is:
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1 - 49 members – annual fee of £500 |
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50 – 499 members – annual fee of £1000 |
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500 – 1499 members – annual fee of £2000 |
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1500 – 15000 members – annual fee of £3500 |
|
|
|
Awarding Bodies – Provision of facilities for meetings |
b.) Their Constitution must include a Code of Ethics, Conduct and Practice and Disciplinary/Complaints Procedures for their Aromatherapy members who choose not to belong to one of the voluntary self-regulators.
c) They must be able to show that they have the facility to maintain a directory of their qualified members.
d) They must verify that their members hold suitable insurance to practice as a professional aromatherapist for public liability and professional malpractice.
e) They must acknowledge the National Occupational Standards (NOS) and the AC Core Curriculum as the benchmark for the practice and training of aromatherapy.
3: LAY MEMBERS
A lay member is someone who is required to bring a perspective of ordinary common sense to the work of the Aromatherapy COUNCIL and its sub-boards/panels. In order to achieve this objective and degree of separation:
It shall include:
any person whose knowledge of aromatherapy, if any, is either incidental to or of a secondary nature to their employment or practice.
Note: It may be that from time to time applications are received from persons who do not fit strictly into the criteria above. In this case the Aromatherapy COUNCIL will consider such applications and determine whether or not they should be appointed on an individual basis.
4. AFFILIATED ORGANISATIONS
The definitions are:
a) Associations or insurance bodies that have met all the above criteria but choose not to be directly involved with the Lead Body.
b) They may however require information from time to time from the Lead Body and want to be consulted in NOS reviews.
c) Will pay a flat rate fee per annum as determined by the COUNCIL from time to time. (This fee originally set at £100.00).
APPENDIX 3
Qualifications for Membership of Lay Chairman and other Officers of the AC.
1. Officers of the Lead Body shall include the Lay Chairman, Vice Chairman, Treasurer, elected Chairmen of the Sub-Boards/panels, Administrator and any other such person properly elected or appointed in accordance with this Constitution.
2. To be responsible for establishing guidance and definitions of working practices and job descriptions, including but not limited to, job descriptions for all the members and Officers, and descriptions of protocols and working practice for the smooth running of the COUNCIL and its various sub-boards/panels.
3. In the light of this guidance, the following qualifications will be applied to individuals taking up positions on the COUNCIL or any sub-boards/panels. These provisions shall take effect from the AGM following the approval of the COUNCIL in formal session of the guidance of this Constitution.
a) To Serve on the COUNCIL any person must:
i) have been nominated in accordance with procedures set out this Constitution.
ii) have been a full member or Officer/senior staff member of one or more Full Member Associations for at least two years or is employed by the Awarding Body they represent.
iii) sign a Statement of Intent to abide by the Aims & Objectives of the AC and to work to further enhance the standing and development of the AC, nationally and internationally.
iv) accept and abide by the working practices and precedents
v) confirm their commitment to donate sufficient time to fulfil the position if elected.
vi) agree to abide by the Code of Behaviour as set out below.
vii)Interests and potential conflicts should be declared where relevant
b) To serve as an Officer of the AC, the elected Treasurer may be exempt from the conditions 2c.ii, 2c.iii and 2c.iv.
c) To serve as an Officer of the AC, including Vice Chairman, any person must:
i) have been nominated in accordance with the procedure set out in this Constitution.
ii) have been a full member or Officer of one or more Full Member Associations for at least three years.
iii) must sign a Statement of Intent to abide by the Aims & Objectives of the AC and to work to further enhance the standing and development of the AC nationally and internationally.
iv) accept and abide by the working practices and precedents as recorded in the “Working Practices & Precedents Guidance” of this Constitution
v) confirm their commitment to donate sufficient time to fulfil the position of an elected officer.
vi) confirm that their experience, knowledge and expertise is adequate to perform the job requirements of the nominated position.
vii) agree to abide by the Code of Behaviour as set out below.
Code of Behaviour
All Council Members of the AC are required to demonstrate mutual respect for colleagues and:
1. be polite and supportive
2. listen to and respect each others opinions
3. create and promote a positive environment where members feel safe to express opinions
4. be open to constructive feedback providing feed back to others as appropriate
5. be committed to resolving conflicts of interest and personality differences in positive, objective and creative ways
6. treat items discussed or read as confidential unless otherwise stated in order to foster open exchange of information and opinions
7. respect group decisions and implement any actions required as a result.
d) To serve as the Lay Chair any person must:
i) have been elected to the position by the COUNCIL following receipt of a CV and following an interview and recommendations from the appointments panel. The appointments panel shall be made up of the Chairman of the Education Board, at least one lay member and at least 2 other Council members.
ii) be someone who is Lay but has a personal interest in aromatherapy to some degree.
iii) sign a Statement of Intent to abide by the Aims & Objectives of
the AC and to work to further enhance the standing and development of the AC
nationally and internationally.
iv) accept and abide by the working practices and precedents as
recorded in the “Working Practices & Precedents guidance” of this Constitution.
v) confirm their commitment to donate sufficient time to fulfil the
position of an elected lay chair.
vi) confirm that their experience, knowledge and expertise is adequate to perform the job requirements of the nominated position.
vii) agree to abide by the Code of Behaviour as set out above.
1. Qualified complementary therapists whether practicing or not.
2. Persons with a primary role in the training of aromatherapists.
3. Persons involved in aromatherapy research.
4. Members, in any capacity, of aromatherapy organisations.
5. Any person whose practise or products are endorsed by an aromatherapy
organisation.
6. Staff of aromatherapy organisations.
7. Any other category which may from time to time be determined by the
COUNCIL.
e) To serve as a Chairperson of a Board or Panel any person must:
(i) have been nominated in accordance with the procedure set out in this Constitution.
(ii) have been a full member or Officer of one or more Full Member Associations for at least two years.
iii) be prepared to sign a Statement of Intent to abide by the Aims & Objectives of the AC and to work to further enhance the standing and development of the AC nationally and internationally.
(iv) be prepared to accept and abide by the working practices and precedents as recorded in the “Working Practices & Precedents guidance” of this Constitution
(v) be prepared to confirm their commitment to donate sufficient time to fulfil the position of an elected chair of a working party.
(vi) be prepared to confirm that their experience, knowledge and expertise is adequate to perform the job requirements of the nominated position.
f) To serve on a Board or Panel any person
i) Must have been nominated in accordance with the procedure set out in this Constitution.
ii) Need not be an Aromatherapist but should have experience relevant to the working party functions.
All Members of the AC are required to adhere to this Code of Ethics and Practice and to conduct themselves in such a manner as to uphold and maintain the high standards of the profession of Aromatherapy. Any breach of this Code may render the Member liable to Disciplinary Procedures.
APPENDIX 4
Disciplinary Procedures
1: The procedures detailed hereunder are an extension of section 9 of the Constitution and provide the basis upon which the Group and the Special Purposes Board shall act in respect of disciplinary matters as defined in section 9 of the Constitution.
2: It should be understood that the disciplinary procedures detailed herein are in respect of organisations and not individuals. The responsibility for disciplinary procedures in respect of individual practitioners lies with their respective Associations and/or regulatory body if they choose or are bound by Law to be registered with one.
3: Any member knowing, or having good reason to believe, that another member is, or has been and is likely to be so again in the future, in technical or ethical breach of one of more of its obligations as a member of the AC then the said member shall draw the attention of the COUNCIL to the matter by submitting a written report on the matter to the Administrator.
4: The AC having been made aware of a technical or ethical breach on the part of a given member, whether from another AC member under section 3 above or in some other manner, of one or more of the obligations and requirements of members as detailed within this Constitution of which this appendix forms a part, shall request and require the Adminstrator to write to the appropriate official of the alleged offending member, advising them of the nature of the offence(s) and requesting and requiring them to reply to the COUNCIL within twenty one days.
5: In the event that either:
a) No response is received within the allotted time from the alleged offending member, or
b) A response is received and having been considered by the COUNCIL is found to be unsatisfactory,
Then the AC shall set a date for the convening of a Special Purposes Board and shall likewise determine the persons who shall constitute said working party and shall charge them with the investigation of the alleged offences and with the preparing of a report of recommendation to the AC within a pre-defined period of time.
6: The Chairman of the Special Purposes Board will be responsible for obtaining adequate written details regarding the alleged offence(s) from the person or organisation lodging the complaint and a copy of same shall be sent to the alleged offending member and the person or organisation lodging the complaint shall likewise be informed in writing that the complaint is being investigated. The alleged offending member shall again be requested to respond in writing within twenty one days, accepting or denying the offence and in the case where a previous reply was considered to be unsatisfactory the member shall be given the reasons why this was considered to be so.
7: On receipt of the alleged offending members reply or lack of same, the members of the Special Purposes Board shall convene to consider same and to determine whether it be appropriate to request one or both parties to attend a further meeting, or whether sufficient information is available to them to make a decision, or whether they require further information before this can be done. The Board shall be empowered to require the alleged offending member or any other member they consider may be of help in determining a proper course of action, to provide copies of records or other documentation they consider pertinent to their investigations, or to appear before the working party to give direct evidence.
8: Having considered the complaint and any rebuttal the Special Purposes Board shall submit a written report with recommendations to the AC.
9: If on consideration of the Special Purposes Board’s report the AC considers that the matter should be taken further, then the report shall be circulated to all COUNCIL Members together with a recommendation from the working party as to action to be taken.
10: The matter shall be considered at the next full AC Meeting and the member informed in writing, of the COUNCIL’s decision in the matter. The member shall be given the right of appeal to the AC within fourteen days of receiving formal notification of the AC's decision.
11: The AC will deal with any written appeal within one month of its receipt and may request further written or verbal submission from either party.
AROMATHERAPY COUNCIL (AC)
FINANCIAL REGULATIONS
1. INTRODUCTION
1.1 The Regulations and Procedures contained in this document are in accordance with the Terms of Reference of the AC. Any variations or modifications to the regulations, procedures or conditions set out in this document shall be made only with the prior approval of the COUNCIL.
1.2 The Chairman and the Treasurer shall be responsible under the general direction of the COUNCIL for determining all accounting procedures and financial records of the AC and for exercising supervision and check over all financial matters, including handling cash or AC property.
1.3 The following principles shall be observed in the allocation of accounting duties:
a) the duties of providing information regarding sums due to or from AC and calculating, checking and recording these sums, shall be separated as completely as possible from the duty of collecting or disbursing them;
b) those charged with the duty of examining and checking the accounts of cash or other financial transactions shall not themselves be engaged in any of these transactions.
1.4 These Regulations and Procedures shall be read in conjunction with any Resolutions as may be passed by the COUNCIL from time to time.
1.5 Where relevant, the Terms and Conditions of grant offers made to AC shall take precedence over these Regulations.
1.6 The Treasurer is responsible for the maintenance of the Financial Regulations and their day-to-day interpretation.
1.7 Breach of the Financial Regulations is ground for action by the COUNCIL.
2. BUDGETS AND BUDGETARY CONTROL
2.1 Budgets must be set and administered according to the constraints identified by the COUNCIL in planning.
2.2 All budgets will be approved initially by the COUNCIL.
2.3 The COUNCIL will empower the Chairman and Administrator to incur expenditure within budgets agreed by the COUNCIL.
2.4 Officers may incur expenditure within the budgets agreed up to their specified limits.
2.5 The Treasurer will provide the Chairman, Vice Chairman and Administrator with a financial report on income and expenditure and trends to budgets on a monthly basis. The Treasurer will also provide other such financial statements that may reasonably requested by the COUNCIL.
2.6 Overall financial reports will be submitted to the COUNCIL at each Meeting.
2.7 No person shall authorise expenditure unless authorised to do so by the Chairman, Vice Chairman, Treasurer or COUNCIL Office Manager.
2.8 COUNCIL members shall consult with the Treasurer, Chairman, Vice Chairman and/or the COUNCIL Office Manager regarding any matter which is liable to materially affect the finances of the COUNCIL before any commitment is incurred.
3. ORDERING
3.1 All orders for goods or services must be made on an official AC order form except:
a) where a written contract is required or operative,
b) or agreed periodical payments such as rents, leases or utilities, or
c) for purchases made out of petty cash
3.2 Orders shall not be issued for goods or services unless the cost is covered by an approved estimate or budget, or one agreed previously by the COUNCIL, except where required urgently for Health & Safety, security or other reasons relating directly to the effectiveness of service and is approved by the Chairman or in his/her absence by the COUNCIL Office Manager, up to the value of £1000. Such exceptional expenditure shall be reported to the next available meeting of the COUNCIL.
3.3 Official order forms must include details of the quantity, description of goods or services, and the price agreed.
3.4 Orders may only be given verbally in cases of emergency and where given must be confirmed by official written order within two working days. These orders must clearly state ‘CONFIRMATION ONLY’
3.5 On delivery of orders, goods received details shall be indicated with invoice details when relevant accounts are passed for payment.
3.6 Each order shall comply with the requirements of Budgetary Control (section 2)
3.7 Where the estimated value of the order is more than £1000, competitive quotations shall be sought from at least three suppliers.
4. ACCOUNTS FOR PAYMENT
4.1 The Treasurer, Chairman, Vice Chairman and COUNCIL Administrator shall be responsible for the examination, verification and certification of all invoices and accounts.
4.2 Before certifying an account, certifying personnel shall satisfy themselves that the requirements below have been complied with and certification shall include responsibility for ensuring that:
a) the goods have been received, examined and approved as to quality and quantity, or that the work or services have been performed satisfactorily,
b) where appropriate, an official order has been issued and the account conforms with it,
c) the expenditure has been correctly allocated and is within the sums available within the budget, the prices, extensions, calculations, trade discounts, other allowances, credits and tax are correct and conform with the tender, quotation or contract,
d) the account has not been previously passed for payment in whole or in part and that it is a proper liability of AC.
4.3 Certified accounts shall be passed without delay to the Treasurer who shall examine them to the extent he/she considers necessary, for which purpose he/she shall be entitled to make such enquiries and receive such information and explanations as he/she may require.
4.4 The Treasurer is empowered to authorise all properly certified accounts for payment, and to prepare cheques for payment.
4.5 Authorised signatories for cheques are any two of the following:
Chairman
Vice Chairman
Treasurer
Voted in Officers of the COUNCIL (current Chairs of Education, Regulations
and Liaison Working Parties).
4.6 All cheques must be signed by two of the authorised signatories.
4.7 Cheques presented for payment must be accompanied by either:
a) the expenses claim form relating to the payment,
b) the invoice relating to the payment, or
c) in the absence of either, a documented request for payment.
4.8 No signatory may sign an authority to pay him/herself or any member of his/her family or any business associated with them.
4.9 The normal method of payment to creditors shall be by cheque or other instrument drawn upon the COUNCIL’s current bank account.
4.10 Cheques shall only be signed after being completed and any officer signing cheques shall ensure that the regulations relating to accounts for payment have been satisfied.
4.11 Cheques shall be issued in numerical order and a listing of all cheque payments (cheque list) shall be made and retained by the Treasurer. Cancelled cheques shall be marked as such and listed on the cheque list and retained for audit purposes.
4.12 No arrangement to make Direct Debit, Standing Order or other such ‘automatic’ methods, shall be made without the prior authorisation of the Chairman, Vice Chairman and the COUNCIL. Any such arrangements shall be in line with budgeted expenditure.
5. BANKING ARRANGEMENTS
5.1 All arrangements with AC’s Bankers concerning Banking Accounts, including authorised signatories, shall be approved by the COUNCIL.
5.2 The ordering and issuing of cheques shall be authorised by the Treasurer who shall make proper arrangements for their safe custody and use.
5.3 New bank accounts shall only be opened by the Treasurer with the prior approval of the COUNCIL.
5.4 Bank accounts shall be in the name of Aromatherapy Council and not in the name or designation of any of its officers, contractors or employees.
6. INCOME
6.1 The collection and recording of all accounts and money due to AC shall be carried out in accordance with arrangements made and agreed between the Treasurer and the COUNCIL, and notified in writing to all COUNCIL members as standard procedure.
6.2 The Treasurer shall be notified promptly of all money due to AC in any circumstance or arrangement which involves the receipt of money. He/She shall have the right to inspect any documents or other evidence in this connection as he/she may decide.
6.3 All receipt forms and other such documents shall be supplied by the COUNCIL Administrator
6.4 No officer or COUNCIL member shall give a receipt for money received on any form other than the official receipt form.
6.5 Any payment received by any officer or COUNCIL member shall be properly safeguarded and promptly paid over to the Treasurer.
6.5 Whenever possible, payments shall be made by crossed cheque made payable to AC, or by transfer.
6.6 When cash payments are received an official receipt must be given and the cash kept in a secure place. Cash must be banked as soon as possible.
6.7 The Treasurer shall keep an accurate and chronological account of all receipts and deposits with AC’s bank.
6.8 Personal cheques shall not be cashed out of money held on AC’s behalf.
6.9 The COUNCIL Administrator will take appropriate recovery action on all outstanding debts.
6.10 No debtor shall be excused payment of monies properly due to AC except on a recommendation by the Chairman and the COUNCIL to write off the debt.