The SNU Bye-laws C, conditions of affiliation and association

BYE - LAWS, Section C
October 2008

CONDITIONS OF AFFILIATION AND ASSOCIATION

ARRANGEMENT OF PARAGRAPHS

Part I. Affiliation

1. General

2. Conditions of Affiliation

3. Rules for Churches

4. Rules for Mission Churches

5. Rules for Kindred Bodies

6. Amendments to Rules

7. Objects

8. Annual Returns

9. Annual Subscription

10. Inspection of Accounts

11. Convening of Meetings

12. Misconduct of Affairs

Part II. Association

13. General

14. Rules

15. Objects

16. Annual Returns

17. Annual Subscription

18. Withdrawal from Association

19. Associated SNU Healing Centres

Part III. General

20. Interpretation

PART I. AFFILIATION

1. General

(1) In these Bye-laws, except where the context otherwise requires, the word "affiliated" shall mean fully or provisionally affiliated.

(2) There are three classes of affiliated body, namely:-

(a) Church;

(b) Mission Church;

(3) Each class of affiliated body may be accepted into affiliation on a provisional basis in accordance with Article 8(6).

2. Conditions of Affiliation

Each class of affiliated body shall be required as a condition of full affiliation:-

(a) to conform to the Union's Memorandum and Articles of Association and Bye-laws from time to time approved and published by the Union;

(b) not to be in affiliation or association with, or in membership of, any other religious organisation;

(c) not at any time or in any form in the furtherance of its objects and activities to introduce, include, utilise or otherwise promulgate, either in whole or in part, any symbols, trappings or practices of any other religious denomination;

3. Rules for Churches

(1) Except as provided in sub-paragraph (4) below, each fully affiliated Church shall be conducted in accordance with the Rules for Churches from time to time approved and published by the Union. The Church Rules shall be deemed to be fully effective immediately upon the acceptance of the Church into full affiliation.

(2) Each provisionally affiliated Church shall be conducted in accordance with the requirements of the following sub-paragraph.

(3) As a minimum the Rules for Churches shall make provision for the following:-

(a) There shall be two classes of members, namely, Full Members, of whom there shall be not less than thirteen, and Associate (i.e. probationary) Members. Full Membership shall be by invitation from the Church Committee and shall be open only to those who have been Associate Members for not less than six months and those who are and have been within the three preceding years Class B members of the Union or Full Members of another affiliated Church. Associate Members shall have all the rights of membership except that they shall not be eligible to vote at general meetings nor nominate for or have a seat on the Committee.

(b) A Church Membership Roll shall be maintained, with the Seven Principles inscribed therein, which shall be signed by all Full Members.

(c) Except where the Church is the subject of an enquiry by the Union it shall be controlled on a democratic basis by its Full Members through the elected Church Committee, which shall not be less than eight in number and shall include a President, a Vice-President, a Treasurer, a Secretary and, where appropriate, a Class A member or members of the Union and an SNU Trust Accredited Representative. Only the offices of Treasurer and Secretary may be held by the same person, if no other candidate has been nominated for one of these vacancies.

(d) All members of the Church Committee, both collectively and individually, shall show loyalty and allegiance to the Union and its Seven Principles, uphold its constitution and the Rules for Churches, and fulfil the Church's constitutional and financial obligations to the Union. Every Church Committee member shall be deemed to have accepted these obligations as a condition of eligibility for office.

(e) No person shall be or become a member of the Church Committee unless he has signed and returned to the Secretary a form of acceptance for office by the appropriate time. The form shall require the nominee, appointee or co-optee to declare his willingness to carry out the duties of office, his agreement to resign if his loyalties to another organisation conflict with his duties and loyalties to the Church, and his acceptance of the obligations to the Union and the Church as contained in (3)(d) above.

(f) No candidate shall be eligible for membership of the Church if he is a member of any restricted body or holds any position in, or any award or appointment of, such body.

(g) There shall be held an Annual General Meeting of members, at which reports of the activities of the Church and an independently examined Income and Expenditure Account and Balance Sheet for the previous year shall be presented. The independent examiners shall not be members of the Church Committee.

(h) All real property belonging to the Church shall be vested in a trust corporation or individual trustees under a trust instrument approved by the Union.

(i) In the event of dissolution of the Church the remaining assets of the Church or the proceeds of sale thereof shall be used only for charitable purposes in connection with the advancement of the religion and religious philosophy of Spiritualism.

(4) The National Executive Committee shall have power to modify, in whole or in part, the Rules for Churches in their application to a Church under the supervision of the district council or the National Executive Committee.

4. Rules for Mission Churches

(1) Except as provided in sub-paragraph (4) below, each fully affiliated Mission Church shall be conducted in accordance with the Rules for Mission Churches from time to time approved and published by the Union. The Mission Church Rules shall be deemed to be fully effective immediately upon the acceptance of the Mission Church into full affiliation.

(2) Each provisionally affiliated Mission Church shall be conducted in accordance with the requirements of the following sub-paragraph.

(3) As a minimum the Rules for Mission Churches shall make provision for the following:-

(a) The Mission Church shall be composed of not less than five and not more than twelve members.

(b) A Membership Roll shall be maintained, with the Seven Principles inscribed therein, which shall be signed by all members.

(c) Except where the Mission Church is the subject of an enquiry by the Union it shall be controlled on a democratic basis by its members through the elected Committee, which shall not be less than five in number and shall include a President, a Treasurer, a Secretary and, where appropriate, an SNU Trust Accredited Representative. No person shall hold more than one office at the same time.

(f) No candidate shall be eligible for membership of the Church if he is a member of any restricted body or holds any position in, or any award or appointment of, such body.

(g) There shall be held an Annual General Meeting of members, at which reports of the activities of the Mission Church and an independently examined Income and Expenditure Account and Balance Sheet for the previous year shall be presented. The independent examiners shall not be members of the Church Committee.

(h) All real property belonging to the Mission Church shall be vested in a trust corporation or individual trustees under a trust instrument approved by the Union

(i) In the event of dissolution of the Mission Church its remaining assets or the proceeds of sale thereof shall be used only for charitable purposes in connection with the advancement of the religion and religious philosophy of Spiritualism.

(4) The National Executive Committee shall have power to modify, in whole or in part, the Rules for Churches in their application to a Mission Church under the supervision of the district council or the National Executive Committee.

5. Rules for Kindred Bodies

Each Kindred Body shall be conducted in accordance with a set of rules and amendments thereto approved by the Union which shall include:-

(a) the Objects of the body (which shall satisfy the conditions mentioned below);

(b) a provision that all persons who take part in the management or have a right to vote in the affairs of the body shall be required to signify in writing that they adhere to the Seven Principles and are not members of any restricted body or hold any position in, or any award or appointment of, such body;

(d) the method of appointment of the Officers of the body;

(e) such other provisions as may be prescribed by the National Executive Committee.

6. Amendments to Rules

(1) Subsequent to acceptance into full affiliation amendments and additions to the Rules for Churches and Mission Churches may be made by these bodies in accordance with the provisions of the Rules themselves.

(2) Any amendment, addition or revision made by the Union to the Rules for Churches or Mission Churches shall be deemed to be effective upon notification to the Secretary of the Church or Mission Church in accordance with the provisions of the Union's Articles of Association.

7. Objects

The Objects of each affiliated body shall include as the primary object the advancement of the religion and religious philosophy of Spiritualism on the basis of the Seven Principles and shall be brought to the notice of every member on enrolment. Other subsidiary Objects may be included which are not inconsistent with the primary object or with the status of the body as a religious charity.

8. Annual Returns

Each affiliated body shall as soon as possible after the Annual General Meeting and in any event not later than 7th April each year complete and return to the General Secretary of the Union the prescribed annual return and independently examined statement of accounts for the preceding year, certifying that it is a true summary of the accounts and Balance Sheet submitted to and adopted by the Annual General Meeting of the affiliated body and shall supply any other information called for by the Union at any time.

9. Annual Subscription

(1) (a) Each Church shall pay an annual subscription to the Union at the rate and on the basis decided from time to time by the Annual General Meeting of the Union in accordance with the Articles of Association.

(b) The subscription for each year shall be payable in advance on 1st January of that year.

(c) The minimum annual subscription of a Church with less than twenty full members shall be equal to that of a Church with twenty full members.

(2) Each Mission Church and Kindred Body shall pay an annual subscription to the Union at the rate and on the basis decided from time to time in each case by the National Executive Committee.

10. Inspection of Accounts

On a request in writing by an affiliated body or by not less than three members of such body to the General Secretary of the Union, the auditors and elective auditors of the Union or any accountant or qualified person appointed by the National Executive Committee for the purpose may inspect the accounts of the body and for this purpose shall have a right of access to its books, accounts and vouchers. Such body or members thereof shall first be required to give reasons for the request and shall undertake to bear any expense involved in connection with the inspection, unless the National Executive Committee decides otherwise.

11. Convening of Meetings

Any general meeting of an affiliated body may be convened by authority of the Union in such manner as it may consider appropriate in the circumstances and may be presided over by an agent of the Union.

12. Misconduct of Affairs

(1) If it is brought to the attention of the National Executive Committee that an affiliated body may:-

(a) have failed to conduct its affairs in accordance with the terms of affiliation for the time being laid down in the Union's Articles of Association, Bye-laws and the Rules governing the body; or

(b) no longer be adhering to the Seven Principles; or

(d) have acted in a manner which constitutes serious misconduct harmful or potentially harmful to the Union or any part thereof; or

(e) be inculcating principles or practices antagonistic to the Union

it may become the subject of an enquiry by the National Executive Committee.

(2) Any such enquiry shall have the purpose of investigating, and reporting on, any or all aspects of the affiliated body's functioning, as directed by the National Executive Committee, and of making recommendations thereon.

(3) (a) (i) The National Executive Committee or any body authorised to act on its behalf may appoint a panel of not less than three persons to conduct the enquiry. No person shall be appointed as a member of the panel if he is or has been previously concerned in the matters which are the subject of the enquiry, either personally or as a member of a committee or other body, or if he has a direct proprietary or financial interest in the outcome of the enquiry.

(ii) No member of the Arbitration Committee or the Appeals Board shall be a member of a panel appointed under this paragraph.

(b) A panel appointed under this paragraph shall proceed as far as possible in accordance with the guidelines set out in the Schedule to these Bye-laws.

(4) (a) For the duration of such enquiry and until the publication of the decision of the National Executive Committee in the matter the National Executive Committee or any person or body authorised so to act on its behalf shall in relation to the affiliated body or any person concerned in the matter have power to:-

(i) convene, preside over, postpone or cancel any general meeting of members or any meeting of the Committee;

(ii) appoint an auditor or independent examiner to prepare, inspect or report on its accounts;

(iii) take possession of any or all account books, records and documents;

(iv) discharge outstanding liabilities and debts from assets;

(v) take measures to safeguard any or all assets;

(vi) take any action necessary to maintain its constitutional obligations;

(vii) arrange for the supervision of any or all of its activities;

(viii) place it under the supervision of the District Council or the National Executive Committee;

(ix) arrange for the holding, postponement or cancellation of elections;

(x) suspend or reinstate any or all of its activities;

(xi) suspend or reinstate any or all of its or his rights and privileges;

(xii) suspend or reinstate his registration as an SNU Registered Healer;

(xiii) suspend or reinstate any or all holders of elected or appointed positions within it;

(xiv) suspend or reinstate his membership;

(xv) secure its premises, including changing the locks thereto.

(xvi) assume control of it.

(b) Any suspension, supervision, securing of premises or assumption of control ordered under (a) above shall cease upon publication of the decision of the National Executive Committee in the matter.

(5) The report of such enquiry shall be forwarded for consideration by the National Executive Committee, who shall decide upon the appropriate action to be taken.

(6) (a) In pursuance of sub-paragraph (5) the National Executive Committee shall have, in relation to the affiliated body or any person concerned in the matter, power to:-

(i) censure it or him for its or his conduct;

(ii) declare vacant any position and make such arrangements as it may consider necessary or expedient for the constitutional filling of the vacancy and for the discharge of the duties of the position in the meantime;

(iii) discharge outstanding liabilities and debts from assets;

(iv) suspend or reinstate any or all of its activities;

(v) suspend or reinstate any or all of its or his rights and privileges;

(vi) suspend or reinstate his registration as an SNU Registered Healer;

(vii) convene, preside over, postpone or cancel any general meeting of members or any meeting of the Committee;

(viii) appoint an auditor or independent examiner to prepare, inspect or report on its accounts;

(ix) take any action necessary to maintain its constitutional obligations;

(x) arrange for the supervision of any or all of its activities;

(xi) place it under the supervision of the District Council or the National Executive Committee;

(xii) arrange for the holding, postponement or cancellation of elections;

(xiii) reinstate his Class B or D membership or, in the case of a Class B member, re-allocate him to another District Council;

(xiv) reinstate its affiliation or re-allocate it to another District Council;

(xv) suspend or reinstate any or all holders of elected or appointed positions within it;

(xvi) suspend or reinstate his membership.

(xvii) revoke any or all of its activities;

(xviii) revoke any or all of its or his rights and privileges;

(xix) revoke his registration as an SNU Registered Healer;

(xx) secure its premises, including changing the locks thereto.

Any suspension, supervision or securing of premises ordered under this sub-paragraph shall be for a period to be determined by the National Executive Committee.

(b) In further pursuance of sub-paragraph (6) the National Executive Committee shall, in relation to the affiliated body or any person concerned in the matter, also have power to:-

(i) remove or replace any or all holders of elected or appointed positions within it;

(ii) debar his eligibility for any or all offices within any or all affiliated bodies;

(iii) revoke his membership of it;

(iv) suspend or revoke its affiliation or dissolve it.

(v) suspend or revoke his Class B or D membership;

Any suspension ordered under this sub-paragraph shall be for a period to be determined by the National Executive Committee. Any debarment from eligibility ordered under this sub-paragraph shall be for a definite or indefinite period, to be determined by the National Executive Committee.

Provided that:-

(a) The exercise of any of the powers in (6)(b) shall be effective only if supported by three-fourths of the number of members present and the person or body concerned has been given:-

(i) not less than twenty working days' notice of the date, time and place of the meeting of the National Executive Committee at which the resolution is to be put and of the grounds therefor, together with reasons and supporting evidence;

(ii) the opportunity to make written representations thereon within that period;

(iii) the opportunity to make oral representations thereon at such meeting of the National Executive Committee.

(b) The exercise of a power to suspend or revoke Class B or D membership or affiliation shall take effect forthwith but shall be open to revision by any general meeting held within thirteen months after the date of such resolution and the National Executive Committee shall give effect to any direction thereon given by the meeting.

(d) The powers in (6)(a) and (6)(b) may be exercised only within twelve months of the receipt of the report.

(7) The Union has a right of re-entry upon any property of which it is the sole trustee.

PART II. ASSOCIATION

13. General

Each associated body shall be required as a condition of association to undertake to conform to the Union's Memorandum of Association and Articles of Association and Bye-laws from time to time approved and published by the Union.

14. Rules

Each associated body shall be conducted in accordance with a set of rules and amendments thereto considered acceptable by the Union, which shall include the Objects of the body (which shall satisfy the conditions mentioned below) and such other provisions as may be prescribed by the National Executive Committee.

15. Objects

The Objects of each associated body shall be such as to promote those of the Union and shall be brought to the notice of every member on enrolment.

16. Annual Returns

Each associated body shall as soon as possible after the Annual General Meeting each year complete and return to the General Secretary of the Union the prescribed annual return.

17. Annual Subscription

Each associated body shall pay an annual subscription to the Union at the rate and on the basis decided from time to time in each case by the National Executive Committee.

18. Withdrawal from Association

Each associated body shall remain in association with the Union until withdrawal from association has become effective. The requirements for withdrawal from association shall be as follows:-

(a) a resolution withdrawing from the Union has been passed either at a general meeting of members or at a meeting of its managing body;

(b) twenty-one days' notice in writing of such resolution has been sent to the General Secretary of the Union; and

19. Associated SNU Healing Centres

(1) An Associated Body whose sole or primary object is the conduct of SNU Spiritual Healing may apply to be registered as an Associated SNU Healing Centre.

(2) An Associated SNU Healing Centre shall be conducted in accordance with the Rules for Associated SNU Healing Centres from time to time approved and published by the Union, with any amendments thereto considered acceptable by the Union.

(3) (a) All healing conducted by a Healing Centre shall be spiritual healing as defined in Bye-laws H and shall be practised in accordance therewith.

(b) All healer members shall:-

(i) be Class B members of the Union and SNU Registered Healers; and

(ii) carry SNU Public Liability Insurance cover.

(c) Each Healing Centre shall as soon as possible after the Annual General Meeting each year complete and return to the Healing Committee the prescribed Healers Annual Return.

(4) In the event of dissolution of the Healing Centre its remaining assets shall be vested in the Union upon trust to be used for the purpose of SNU spiritual healing.

PART III. GENERAL

20. Interpretation

In these Bye-laws:-

(1) The term 'restricted body' means any religious organisation within the United Kingdom which:-

(a) incorporates within its title, principles or statement of beliefs any reference to the principles, beliefs, religious leader, symbols, trappings or practices of any other religion or religious denomination; or

(b) introduces, includes, utilises or otherwise promulgates any symbols, trappings or practices of any other religion or religious denomination; or

(c) permits a body which falls within (a) or (b) above to be accepted into affiliation with, or membership of, such organisation.

(2) The term 'member' in relation to a restricted body shall include a person who regularly attends its services for the purpose of pursuing its beliefs.

(3) The term 'Class A Member' means a Church delegate, being an accredited representative of a Church.

(4) The term 'Class B Member' means a subscribing member, being an individual Spiritualist. Except where the context indicates otherwise the term shall refer to a person accepted into full membership.

(5) The term 'Class C Member' means a Kindred Body delegate, being an accredited representative of a Kindred Body.

(6) The term 'Class D Member' means a full member of a Church who has been registered as an Affiliate Member.

SCHEDULE

GUIDELINES FOR ENQUIRY PANELS

The following guidelines have been established by the National Executive Committee to assist panels in the process of enquiry under the Union's Bye-laws and Rules for Churches:-

The panel should:-

1. Consider the information already available and decide what further facts need to be ascertained and what records or people may be able to provide them.

2. Consider whether it is appropriate to contact any such parties for this further information prior to a physical meeting.

3. Arrange a venue for the enquiry, which should be the Church if a Church is involved.

4. Contact all the parties to inform them of the enquiry and request their attendance.

5. Inform any relevant parties of the complaints against them. Copies of the original letters of complaint should not be sent. Consider carefully what, if any, other documentation should be copied to them before the enquiry.

6. Instruct the parties to supply the enquiry with all relevant documentation, including, in the case of a Church or other body, the Membership Roll Book, minute-book, account-book, etc.

7. Consider whether parties should be interviewed privately or together, or both.

8. Ask such questions as may be necessary to try to establish what facts can be regarded as substantiated and examine all relevant documents where appropriate. The panel should bear in mind that it is conducting an enquiry fact-finding exercise, which is not restricted to the initial issues of which it was advised.

9. Not make any decisions on the spot, but may give positive guidance in matters where it is apparent that rules or good practice have not been followed.

10. Advise the parties that the panel will be submitting a report on the matter to the National Executive Committee.

11. Consider whether it is appropriate to:-

(a) remove any documents, including records, for further scrutiny;

(b) take measures to safeguard any or all assets of the Church or other body.

(A receipt should be given for any documents removed.)

12. Submit a report and recommendations, where appropriate, to the National Executive Committee.

13. Remember that a helpful and co-operative approach often produces better results than an attitude of hostility or disapproval.

14 Remain impartial at all times.