ATCO Rules 2011
- Details
- Category: Business
- Published on 19 May 2011
- Written by Dominic Lund-Conlon
- Hits: 3031
1. Aims and Objectives
1.1 To secure the association of persons directly concerned with the formulation and implementation of policies for the securing of passenger transport services in order to exchange information and views, to assist in the formulation of those policies and standards and to promote appropriate matters of common interest in the transportation field with the objective of improving passenger transport services on a nation-wide basis.
2. Voting Membership
2.1 Voting Membership of the Association is open to Local Authority Officers who have significant responsibility for one or more of the following activities:
- securing Passenger Transport Services including Community Transport;
- developing policies under which Passenger Transport Services are secured;
- securing or providing Education Transport Services;
- securing or providing Social Care Transport Services;
- providing Concessionary Travel benefits;
- regulating Taxi and Private Hire Car Services;
- providing Public Transport Infrastructure and/or Publicity.
Voting membership is also open, subject to Board approval, to officers working for organisations to which local authorities have delegated responsibility for the whole of one or more of these activities by a contract of at least three years’ duration and who have significant and direct responsibility for one or more of these activities.
2.2 The Board may grant Voting Membership to any other person if it considers that it is in the interests of the Association to do so.
2.3 Each Voting Member of the Association shall be entitled to one vote.
3 Non-Voting Membership
3.1 Subject to the Board agreeing that their membership is in the interests of the Association, Non-Voting Membership is open to persons whose employment is not with a transport operator but is otherwise passenger transport related and whose duties would not qualify them for membership of the Association as a Voting Member. A Non-Voting Member will not be entitled to vote at a General Meeting nor hold the positions of Chair or Vice Chair of the Association.
3.2 The Board may grant Non-Voting Membership to any other person if it considers that it is in the interests of the Association to do so.
4 Retired Membership
4.1 Subject to the Board agreeing that their membership is in the interests of the Association, Retired Membership is open to former Voting Members of the Association who are no longer substantively employed in the passenger transport field and who would otherwise no longer qualify for membership of the Association.
5 Termination of membership
5.1 Membership of the Association will terminate at the end of a membership year during which an individual ceases to meet the membership requirements under Rule 2 (Voting Membership), Rule 3 (Non-Voting Membership) or Rule 4 (Retired Membership).
5.2 The Board shall have the power to withdraw membership from anyone whose membership, in the Board’s opinion, no longer serves the interest of the Association.
6. Subscriptions
6.1 Each member shall pay an annual subscription, the level of which shall be decided from time to time by Voting Members in a General Meeting.
6.2 The level of membership subscription payable in any year is determined by the grade of membership as at the date of joining or renewal of membership.
6.3 The Board may offer free Non-Voting Membership to individuals if it is felt to be in the interests of the Association to do so.
6.4 Applications for membership of the Association and transfers of membership grade or position must be approved by the Business & Communication Executive. The Business & Communication Executive shall have power to delegate approval for applications and transfers of membership to the Secretary or the body managing Membership Services. No person shall be accepted into membership, nor receive any benefits relating to membership, until the required subscription has been paid.
6.5 The membership year will run from the date of joining the Association. The date of joining the Association shall be taken as the date on which the application was approved or payment received, whichever is the later. For those who became members in 2009-10 or earlier, the membership year will run from 1 November to 31 October each year.
6.6 Members who leave the Association during the membership year will not be eligible for any refund of subscription.
6.7 Members who have withdrawn their membership through non payment of membership subscription cannot rejoin the Association until outstanding subscription payments and any other payments due to the Association are paid.
6.8 Members who transfer to a post whose new duties satisfy the voting membership criteria defined in Rule 2.1 automatically retain their membership but must notify the Business & Communication Executive in writing of the change.
6.9 The Board may withdraw membership from a member whose subscription has not been paid within two calendar months from the date of renewal.
7. Board
7.1 A Chair and Vice Chair together with voting members nominated by ATCO Scotland, ATCO Cymru, the Business & Communication Executive (who shall act as Secretary to the Board and the Association), two appointed Voting Members and one appointed Non-Voting Member shall together form the Board of the Association and shall take up office at the Annual General Meeting. The Board shall meet at least once a quarter. A quorum for the Board shall be four. All members of the Board shall have voting rights on the Board. The Chair shall have the casting vote at Board meetings.
7.2 The Vice Chair shall be elected each year and shall take up office at the Annual General Meeting. The Vice Chair shall automatically replace the former Chair at the Annual General Meeting when the former Chair’s term of office is completed. If the Vice Chair is unable to take up the office of Chair at an Annual General Meeting there shall be an election for the office of Chair. The maximum term of office for Chair and Vice Chair is one year.
7.3 In the event that during their term of office the Chair or Vice Chair no longer meet the eligibility criteria for Voting Membership, the Board shall, at its discretion, allow the post holder to continue in office until the next Annual General Meeting.
7.4 The Board shall advertise an election for a Chair or Vice Chair by giving notice to all ATCO members six months before the Annual General Meeting or, if this is not possible, as soon as the need for an election is known. Any Voting Member who has been a member of the association for at least three years, supported in writing by five other Voting Members, shall be eligible for nomination to a vacancy. The Board shall allow a minimum of four weeks for the receipt of nominations for these posts. If more than one nomination is received an election shall be held which shall be open to all Voting Members. The Board shall allow a minimum of four weeks for members to cast their votes.
7.5 The Board shall advertise a vacancy for a Voting Member on the Board by giving notice to all ATCO members and issuing a job outline six months before the Annual General Meeting or, if this is not possible, as soon as a vacancy is known. Any Voting Member who has been a member of the association for at least three years shall be eligible for appointment to one of these positions. The Board shall shortlist applicants and they shall be appointed following interview by a panel consisting of the Chair, Vice Chair and one other member appointed by the Board. The Board shall give priority to the appointment of a member who is employed by an English local authority to one of these positions.
7.6 The Board shall advertise a vacancy for a Non-Voting Member on the Board by giving notice to all ATCO members and issuing a job outline six months before the Annual General Meeting or, if this is not possible, as soon as a vacancy is known. Any Non-Voting Member who has been a member of the association for at least three years shall be eligible for appointment to one of these positions. The Board shall allow a minimum of four weeks for the receipt of applications for these posts. The Board shall shortlist applicants and they shall be appointed following interview by a panel consisting of the Chair, Vice Chair and one other member appointed by the Board.
7.7 The maximum term of office for the appointed Voting Members on the Board shall be three years. The maximum term of office for the Non-Voting Member on the Board shall normally be two years; however the Board may, at its discretion, extend the term for up to two extra years. The maximum term of office for the nominated Business & Communication Executive nominee on the Board shall be three years. The maximum term of office for the ATCO Scotland and ATCO Cymru nominees will normally be three years; however, ATCO Scotland and ATCO Cymru may extend their respective nominee’s period of office by up to two years.
7.8 The Board may co-opt one further Voting or Non-Voting Member to the Board if it feels that it is in the interests of the Association to do so.
7.9 No ATCO member may sit on the Board for a consecutive period of more than five years.
7.10 The Board shall meet at least three times a year with representatives of each Executive and Regional Group.
7.11 A Treasurer shall be appointed by the Board and shall sit on the Business & Communication Executive. The Board shall advertise a vacancy for a Treasurer by giving notice to all ATCO members and issuing a job outline six months before the Annual General Meeting or, if this is not possible, as soon as a vacancy is known. Any Voting Member shall be eligible for appointment to this post. The Board shall allow a minimum of four weeks for the receipt of applications for this post. The Board shall shortlist applicants and they shall be appointed following interview by a panel consisting of the Chair, Vice Chair and one other member appointed by the Board.
8. Regional Groups
8.1 The establishment of, and geographical areas to be covered by, regional groups of the Association shall be decided by a General Meeting. Any change to regional groups shall not take effect until at least three months after the General Meeting approving the change.
8.2 The voting members in each regional group shall select a Regional Chair and Vice Chair.
8.3 Regional groups shall advertise an election for a Chair or Vice Chair by giving notice to all ATCO members in the region six months before the vacancy is due to occur or, if this is not possible, as soon as the need for an election is known. Any Voting Member in the region shall be eligible for nomination to a vacancy. The regional group shall allow a minimum of four weeks for the receipt of nominations for these posts. If more than one nomination is received an election shall be held which shall be open to all voting members in the region. The regional group shall allow a minimum of four weeks for members to cast their votes.
8.4 The maximum term of office as regional Chair or Vice Chair shall be three years.
8.5 Each regional group shall submit a written report on its activities for publication on the ATCO website at least quarterly.
9. Executives
9.1 Executives may be established as required by the Board. Membership shall be of nominees from each English region and from Scotland and Wales with each able to nominate up to two representatives to each Executive. Each Executive shall elect, from amongst its members, a Chair and Vice Chair to serve for a maximum of three years. Executives shall have the right to co-opt any person who, in its view, will make a valuable contribution to the group but such persons will not have voting rights on the Executive. The Chair or their nominated representative shall meet the Board as required by the Board.
9.2 The Terms of Reference of each Executive shall be drawn up by the Executive and be subject to approval by the Board. Each Executive shall meet at least twice during the year or as otherwise instructed or approved by the Board and shall compile reports to the General Meetings each year summarising its work in the previous twelve months and, in the case of the Annual General Meeting, its business plan in conjunction with the Board for the next twelve months. In addition each Executive shall submit a written report on its activities for publication on the ATCO website at regular intervals and at no less a frequency than twice yearly.
10. General Meetings
10.1 There shall be an Annual General Meeting of the Association which will usually be held during the month of November of each year. Notice of this meeting shall be given to all ATCO members 28 days before the date of the meeting. A motion for the agenda, signed by the proposer and seconder, must be deposited in writing with the Secretary at least 21 days before the date of the meeting. The agenda for the meeting shall be dispatched at least 14 days before the date of the meeting together with the minutes of the previous General Meeting.
10.2 There shall be at least one Ordinary General Meeting in addition to the Annual General Meeting in each year at a time to be determined by the Board. Notice of this meeting shall be given to all ATCO members 28 days before the date of the meeting. A motion for the agenda, signed by the proposer and a seconder, must be deposited with the Secretary at least 21 days before the date of the meeting. The agenda for such meetings shall be dispatched at least 14 days before the date of the meeting.
10.3 An Extraordinary General Meeting of the Association can be called by not fewer than 20 voting members by written notice to the Secretary. The Secretary must then call such a meeting within 28 days from receipt of the notice following the same procedures set out for the Annual General Meeting.
10.4. A quorum for a General Meeting shall be 20 Voting Members present within 15 minutes of the time called for such a meeting. The Chair shall have a casting vote at General Meetings.
11. Minutes
11.1 The Association shall record minutes of General Meetings and all other Meetings. Such minutes shall be open to inspection by any members of the Association having given notice to the Secretary.
12 Notice to members
12.1 Any requirement to give notice to members or to dispatch agendas to members shall be satisfied if the notice or agenda is sent by email to members’ email addresses as recorded on the ATCO membership database or posted to the postal address as recorded on the ATCO membership database. Each individual member shall be responsible for ensuring that the Secretary is notified of their email or postal addresses and any changes to them.
13 Honorary President
13.1 A General Meeting may invite a suitable person to become Honorary President of the Association. The term of office of an Honorary President will be determined by the Board but will be subject to review every three years. Nominations for such a post shall be made by the Board at a General Meeting.
14. Financial
14.1. The Association shall keep books of accounts as may be appropriate and shall have power to operate a bank account(s). The accounting year shall be from 1 November to 31 October the following year. The Association shall circulate a balance statement and appoint an auditor at a General Meeting. The accounts shall be open to inspection by any member having given notice to the Treasurer.
14.2. In the event of the Association being wound up, any monies outstanding to the account of the Association at such time shall be distributed as decided by the majority voting at a General Meeting.
14.1. The Board may authorise the employment of such assistance as may be deemed necessary for the effective running of the Association and its enterprises, or it may pay honoraria and expenses to any person who would undertake to provide such assistance. The Board shall report to the Annual General Meeting each year all such appointments and payments.
15. Amendment of Rules
15.1 Amendments to these Rules shall only be agreed at a General Meeting. A two thirds majority of those present and voting is required to approve any such change.
16. Interpretation
16.1 In these rules, the terms “securing of public passenger transport services” and “public passenger service” shall have the meaning given to them by the Transport Act 1985 or successor legislation.
