To View/Print/Download a PDF copy CEAA ConstitutionV2.3-September 2017

CEAA Constitution & Rules Version 2.3

September 2017 Certificated Enforcement Agents Association
Founded 2014
Constitution & Rules
Founded by Enforcement Agents for Enforcement Agents
ceaa.co.uk
©2017 CEAA Page 1 of 12
CEAA Constitution & Rules Version 2.3 September 2017
The Certificated Enforcement Agents Association
Constitution Articles of Association
1 – Name
1.1 The name of the organisation shall be The Certificated Enforcement Agents Association.
1.2 The name of the organisation in abbreviated form shall be CEAA.
2 – Objectives
2.1 The objectives of the Association shall be to further the professional standing of Enforcement Agents and represent those that hold or are studying for a County Court Certificate under ‘The Certification of Enforcement Agents Regulations 2014’.
2.2 The Association shall promote education and encourage the sharing of knowledge and experience between its Members.
2.3 The Association will ensure all information relating in proposed or changes to Enforcement Law is readily available to all Members to provide the opportunity of input by those carrying out enforcement.
2.4 The Association shall support these objectives by promoting acquaintance and discussion among its Members and liaise with those that legislate Enforcement Law.
3 – Membership
3.1 The Founder Members will become the initial Membership and form an Executive. They will hold office for an initial five years.
3.2 Individual Membership – Certificated Enforcement Agents or Trainees who are interested in the objectives of the Association are eligible for Membership and shall become Members on payment of an annual subscription payable in advance and on the proviso that they fulfil the Membership criteria and sign up to the Rules of the Association.
3.3 Individual Membership Rights – Members shall have full rights to nominate and vote on candidates for their nominated region on a yearly basis, 1 year from the formation of the Association. The duly elected candidate will then hold office on the Executive representing their region for 1 year. They shall be entitled to participate under applicable rules in meetings of the Executive and serve any Sub Committees.
3.4 Associate Membership – Associate Memberships will become available 1 year after the formation of the Association and be open to back office staff involved in enforcement but do not hold a Certificate. The criteria and fees for such membership will be decided upon by the Executive and implemented accordingly.
©2017 CEAA Page 2 of 12
CEAA Constitution & Rules Version 2.3 September 2017
3.5 Associate Membership Rights – Associate Members will have no voting rights but may attend Regional Meetings under the region they apply for. They will receive updates on any proposed changes to Enforcement Procedures through the Association’s recommended Training Service providers and have access to Education and Training should they wish to advance to Certification and full Membership.
4 – Officers, Council, Executive and Committees
4.1 Officers;
4.1.1 The Officers of the Association shall be a President, a Vice President, a Membership/General Secretary and a Treasurer, and shall be nominated and agreed by the Founder Members and hold office for 5 years from date of the Formation of the Association. Thereafter, the President and Secretary / Vice President and Treasurer will be up for re-election on alternative years, providing a 2 year term of office. They will be nominated and voted on by the Full Membership.
4.1.2 An additional 4 Founder Members will make up the Executive and again hold office for 5 years from date of launch of the Association. These 4 positions will then be up for re-election on a 2 year cycle on alternative years. They will be nominated and voted on by the Full Membership.
4.1.3 The Councillors elected, one from each of the 6 nominated regions as detailed in Article 6 will complete the Executive Council. The 6 Councillors will be chosen by the Founder Members for the first year from the date of the launch of the Association and thereafter candidates will be nominated and voted on by the Members of each selected region. All 6 will be up for re-election every 2 years with the first election 1 year after formation of the Association. Voting shall be conducted in a format and manner determined by the Executive Council, including but not limited to postal or electronic ballot or by any other means authorised under applicable British Law.
4.1.4 The duties of the President, Vice President and Treasurer shall be those normally pertaining to their posts. The Secretary shall serve as Secretary of the Association and of the Executive Council. Any sub Committees will be nominated and voted for by the Executive Committee and come from the elected Council. The Executive will have the power to co-opt any person on to a sub Committee on the basis of specialised knowledge.
4.1.5 Terms of Office will begin on 1st July following the Annual Meeting of the Association. The Terms of Office will be those described under 4.1.1, 4.1.2 and 4.1.3.
4.1.6 The President, Vice President serving full terms shall not be eligible for immediate re-election to the same office unless exceptional circumstances prevail.
4.1.7 The Secretary and Treasurer are eligible for re-election for a term not to exceed their Council term. The Terms of the Office of the Councillors shall be arranged so that 50% of those elected at-large shall be up for re-election on alternative years.
©2017 CEAA Page 3 of 12
CEAA Constitution & Rules Version 2.3 September 2017
4.2 Council;
4.2.1 The Council shall consist of the Officers and Councillors elected under 4.1. The most recent past President may stand for election as a Council Member but will automatically remain on the Executive Council for 1 year after completing their term of office and retain full voting rights for that year.
4.2.2 The Council shall be the governing body of the Association, establish committees and determine Association policies and procedures. It may assign specific responsibilities to the various Officers and Committees of the Association.
4.2.3 The Council may delegate to Officers the authority to sign contracts.
4.2.4 The Council shall appoint Editors, Assistant Editors and Project Managers to promote the voice of the Association.
4.2.5 The Council may also appoint any of the Councillors to interface, discuss and be involved in the consultation with any Government Department in the interest of the Enforcement Profession.
4.2.6 Except as otherwise provided in the Constitution, Members of Sub-Committees may be appointed by the President, subject to the approval of the Council and shall act according to its procedures established by the Council.
4.2.7 The Council shall meet at least once each year at the call of the President. A majority of the voting Council shall constitute a quorum. The minutes of the Council shall be published as promptly as practicable and be made available to all the Association’s Members.
4.2.8 The President may with the full support of the Council veto any area of the minutes that are deemed contentious or not for release into the public domain, although on each occasion reference must be made in the minutes if such action is carried out. The Council may arrange other meetings in addition to the yearly meeting as required but may use telephone conference facilities to simplify the holding of such meetings.
4.3 Executive;
4.3.1 The Executive Committee shall consist of the President, Vice President, Secretary, Treasurer and most recent past President.
4.3.2 The Executive Committee may invite Members to participate in discussion of matters within their special competence.
©2016 CEAA Page 4 of 12
CEAA Constitution & Rules Version 2.3 September 2017
4.3.3 The Executive Committee shall meet when necessary to facilitate the operations of the Association between Council meetings and prepare policy statements for consideration by Council.
4.3.4 Actions of the Executive Committee shall be subject to approval by the Council.
4.3.5 The minutes of the Executive Committee shall be published as promptly as practicable.
4.3.6 The President with the full support of the Executive may veto any area of the minutes that are deemed contentious or not for release into the public domain, although on each occasion reference must be made in the minutes.
4.3.7 Executive Committee meetings may take place by way of telephone conference if necessary.
5 – Meetings
5.1 Annual Meeting – The Annual General Meeting of the Association shall be held at such time and place as the Council designate. The Council may arrange other meetings in addition to the Annual General Meeting. The Annual General Meeting must not be held any later than 1st July of each year with the exception of special circumstances.
6 – Regional Divisions
6.1 Establishment of Regional Divisions – The Association by vote of the Council shall establish 6 Regional Divisions in England and Wales and appoint each a temporary chair and each Enforcement Agent applying for Membership will nominate the region applying under.
6.2 Each Divisions shall promote the objectives of the Association in their respective areas, provide local input and knowledge to the Association and enable one regionally elected member to sit on the Committee.
6.3 Upon the establishment of a Division the Members will elect a Chair and Minutes Secretary. It is envisaged the Chair will be the elected member to the Committee but is not inscribed in stone. The Minute Secretary shall provide minutes to all meetings to the General Secretary as soon as possible after the meeting.
6.4 Division meetings may be held as regularly as the Division desires and where possible 1 meeting should take place 1 month prior to the AGM in order that the elected Member to the Council may be confirmed.
6.5 The Council shall determine the boundaries of the Regional Divisions which may be changed by majority vote. Initial regions:
©2017 CEAA Page 5 of 12
CEAA Constitution & Rules Version 2.3 September 2017
1. North – Cumbria / Durham / Lancashire / Northumberland / Westmoreland / Yorkshire 2. Wales 3. East – Bedfordshire / Cambridgeshire / Huntingdonshire / Leicestershire / Lincolnshire / Norfolk / Northamptonshire / Nottinghamshire / Rutland / Suffolk 4. West – Cheshire / Derbyshire / Gloucestershire / Herefordshire / Shropshire / Staffordshire / Warwickshire / Worcestershire 5. London – South East – Home Counties – Berkshire / Buckinghamshire / Essex / Hampshire / Hertfordshire / Kent / London / Middlesex / Oxfordshire / Surrey / Sussex / 6. South West – Cornwall / Devon / Dorset / Somerset / Wiltshire
6.6 On recommendation of the Council and by majority vote a Division may be disbanded for inactivity or other cause. Any such disbanding shall integrate the Division or parts of the Division into adjoining Divisions.
6.7 Each Division Chair and Minutes Secretary shall be Members of the Association. The Chair shall serve for not more than two consecutive years.
7 – Changes in the Constitution
7.1 Changes to the Constitution may be proposed by the Council by giving at least 60 days’ notice or less if majority agree prior to the Annual General Meeting (AGM) to the General Secretary.
7.1.1 Immediate changes to the Constitution/Rules may be made by the Executive/Council at any meeting if it is agreed by the majority that waiting until the next AGM will be to the detriment of the Association.
7.2 Changes to the Constitution may be proposed by a minimum of 33% of the total Membership by giving at least 60 days’ notice prior to the Annual General Meeting (AGM) to the General Secretary.
7.3 Changes to the Constitution may be proposed by a minimum of 40% of the total Membership by giving at least 60 days’ notice for an Extraordinary General Meeting (EGM). Voting for such a request should be through each of the regional Divisions Chair by electronic ballot or hand. The Chair will forward to the General Secretary.
7.4 Changes to the Constitution received by the General Secretary reaching the required numbers will notify all Members and add to the Agenda for the AGM or call an EGM. Voting for such meetings may be by electronic ballot or being there in person.
©2016 CEAA Page 6 of 12
CEAA Constitution & Rules Version 2.3 September 2017
8 – Membership Criteria
8.1 The Certificated Enforcement Agent or Trainee applying for Membership will be provided with access to a full copy of the Constitution and incorporated Rules which they must acknowledge they have read and accept as part of the application criteria.
8.1A Associate membership – Back Office Staff who have passed the level 2 exam will be permitted to join by completing an online application form and paying a fee of £25. No voting rights are to be available to said members.
8.2 A full history of the Enforcement Agent or Trainee will be required to enable the Association to provide data on a cumulative basis to the Ministry of Justice to strengthen CEAA’s position.
8.3 The Membership application fee of £25 must be paid at the time of submitting the application. Should Membership be refused for any reason deemed by the Executive, a full refund will be given.
8.4 Membership will run from April to March and be renewed annually.
8.5 Lifetime Membership is available for a one off fee of £250 which will cover the period of Membership and avoid any increases in the annual fee.
9 – Endorsement
9.1 Application may be made to the Executive of CEAA by those that employ or make use of Certificated Enforcement Agents endorsing their support of the objectives of the Association and their commitment to recommending those that they employ / sub contract to become Members of CEAA in their own right.
9.2 For those endorsing the Association, CEAA will openly identify each Company/Local Authority/Courts within the Associations website and future literature / communications.
9.3 Those endorsing CEAA will have no voting rights in the Association.
9.4 Those offering services that may be of interest to members will be able to advertise on the ‘Service Providers’ page on the CEAA website with the consent of the President or General Secretary for a fee to be agreed by the Executive.
©2017 CEAA Page 7 of 12
CEAA Constitution & Rules Version 2.3 September 2017
10 – Insurance
10.1 All Members will be expected to have cover in place by their employer or as an individual in their own right for Public Liability Insurance and Professional Indemnity Insurance in addition to the Bond that is required with their Certificate application.
10.2 Additional or alternative cover may be required at a future date at the request of the Executive Council with 3 months’ notice should legislation stipulate such insurance.
11 – Complaints and Disciplinary Procedure
11.1 All complaints must be in writing to the Association.
11.2 Upon receipt of a complaint from a Debtor, Fellow Member, Creditor, Government Body or Legal Advice Centre, the Association, will through the Executive, consider the content of the complaint and request from the Member a full response to include copies of any relevant paperwork, case history and electronic device data where applicable.
11.3 Members will be required to respond to the Executives request for information within 14 days of the date of the request.
11.4 The Executive may refuse to investigate any complaint where the complainant has failed to initially raise the matter with the Member, who is required to respond to any such complaint within 21 days of receipt.
11.5 There will be a 6 months restriction period from the date of the initial complaint to the Member in which to involve the Association.
11.6 The Association will not consider any complaint where the complainant is or has taken action through the legal system.
11.7 The outcome of any complaint could result in the Association cancelling the Members Membership in the worst case scenario.
11.8 During the first year of the Association, a Sub Committee will be formed to thoroughly cover all aspects of complaints and disciplinary procedures and will be introduced at the first AGM of the Association for the Members to vote on and subsequently sign up to.
©2017 CEAA Page 8 of 12
CEAA Constitution & Rules Version 2.3 September 2017
12 – Other Aspects
12.1 As a new Association representing those that hold Enforcement Agent Certificates to carry out ‘Taking Control of Goods’, it is the intention of the Founder Members to ensure those Members are involved in the final version of the Constitution and Rules under which they have signed up to. For this reasons any amendments or changes will be undertaken during the first year of CEAA and presented to at the first AGM for agreement and endorsement.
©2017 CEAA Page 9 of 12
CEAA Constitution & Rules Version 2.3 September 2017
The Certificated Enforcement Agents Association Association Rules Rule 1 Subscriptions
All Members shall pay an annual subscription as set by the Council and the Membership at the Annual General Meeting.
Members may obtain a waiver of any further subscriptions in respect of Annual Membership by making a single payment of £250 constituting Lifetime Membership. This fee will be non-returnable in the event that Membership is withdrawn for any reason by the full Council.
Any Member more than 1 month in arrear and after 2 weeks’ notice that Membership has elapsed will cease to be a Member. This will be an automated renewal procedure with invoice by email (or other means if requested) followed by the 2 weeks’ notice of cessation of Membership.
Rule 2 Nominations and Voting
(a) Methods of Nomination and Election of Officers; The General Secretary and Treasurer shall be elected by the Council from among its own Members. The Vice President will automatically be named as a single candidate for President by the Committee.
Where the Vice President is not able to accept the candidacy of President, the Committee will take nominations from the Committee Members and a majority vote will provide 2 nominations for the position of President.
The current Vice President will stand down at the Annual General Meeting and the full Membership will vote for the next President. The President will be the one that receives the majority vote and the nominated Member coming second will assume the role of Vice President.
The Committee will nominate 2 of the current Committee for Vice President where the Vice President assumes the President’s position. The full Membership will vote for the Vice President position at the Annual General Meeting and the one that receives the majority vote.
In voting on any issue at the Annual General Meeting, Committee Meetings or Executive Meetings, the Chair will have the casting vote. The Chair will be the current President or the Vice President in the absence of the President. In the absence of both the immediate Past President will take the Chair. The Membership will be promptly notified of the nominations at least 2 weeks prior to the Annual General Meeting. The Council will have the power to fill any vacancy until the next election. ©2017 CEAA Page 11 of 12
CEAA Constitution & Rules Version 2.3 September 2017
(b) Executive Committee;
Notwithstanding the formation of the Executive Committee and Council under 3.1 of the Constitution for election procedures will come into place 5 years after the formation of CEAA. (c) Voting by Members;
All Members will have a single vote in all matters. Member voting shall be conducted in a format and manner determined by the Council and as set forth in these Rules including but not limited to postal and electronic ballot or by any other means authorised under British Law. Members unable to vote by electronic means shall have the option to request to vote by other appropriate means.
Rule 3 Honours The Association shall encourage meritorious achievements in enforcement by awarding Honours in recognition of Members contributions to the advancement of Enforcement and its recognition as a Profession that has a key role to play in society.
It shall include educating others and improving overall standards that is a prerequisite of Enforcement. The sharing of knowledge is at the heart of the Association’s philosophy and those with experience are an integral part of CEAA. These Honours may be Honorary or life time recognition for services offered.
Rule 4 AGM Chair It shall be the responsibility of the Past President to address the Annual General Meeting as Chair.
Rule 5 Committees The Council of the Association shall from time to time designate standing Committees.
Rule 6 Petition and Resolutions (a) A minimum requirement of 15% of the Membership of the Association may formerly petition the Council to initiate action to reconsider an action previously taken by the Council.
(b) The Council may choose to submit petitions and other matters of concern to the Association Membership for a postal or electronic vote at any time if it so chooses. It is for this reason regional Divisions have been incorporated into the Constitution to promote discussion at a local level to encourage full Members participation. If the Council submits a petition to the Membership, the issue to be voted upon may be accompanied by brief statements from the initial Petitioners and by those holding opposing views. The Council may also provide a statement from the Council regarding the recommendation for the issue.
©2017 CEAA Page 11 of 12
CEAA Constitution & Rules Version 2.3 September 2017
(c) The Council (or Executive Committee acting on behalf of the Council) will consider each petition in a timely manner as possible and the Petitioners will be informed of Council (or Executive Committee) action as soon as is feasible. Such actions will be reported to the Association Membership through the Council Meeting minutes.
(d) If a petition results in a resolution that is passed by the Council or passed by a majority of Association Members either by attending / telephone conference facility at a regional Division Meeting, the Division may request that the resolution is voted on by the Association Membership as a whole. If the petition is deemed by the General Secretary to be in good order the Council may submit the resolution to a vote of the Membership.
(e) If a petition requests the Association to make a public statement on behalf of the Association Membership, the public statement must fall within the scope of the Objectives of the Association as specified in section 2 of the Constitution and it must be in accordance with the guidelines for public statements as outlined in any standing rules. The Council shall determine whether petitions fall with the scope of the Association Objectives.
Rule 7 Publications The Association shall issue such publications as the Council may determine.
Rule 8 Affirmative Action In accordance to section 3 of the Constitution, CEAA shall not discriminate on grounds unrelated to Professional competence such as race, religion, sex, age, national origin or physical handicap and shall promote policies of affirmative action among its Members especially with regards to National Guidelines.
Rule 9 Signatures The Council of the Association has sole authority to designate persons eligible to issue cheques, sign other financial documents or otherwise represent the Association as its Agent. Each signatory must be bonded.
Rule 10 Amendments The rules may be amended by a majority of the Members voting at an AGM of the Association, such vote to be followed by, and to take effect upon, ratification by a postal or electronic vote of Members if the Council so determine.
Rule 11 Standing Rules Additional information on the policies concerning the operation and administration of the Association is found in the Standing Rules as adopted by Council. A file of inaugural Standing Rules shall be maintained by the General Secretary of CEAA. Additional Standing Rules will appear in the published minutes of the Council as they are adopted.
V2.3 September 2017
©2017 CEAA Page 12 of 12