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BIOA Members | Criteria | BIOA's Rules

  • Name

  • The Association shall be called:
    British and Irish Ombudsman Association.

  • Objects

  • The objects of the Association shall be to:
    (a) encourage, develop and safeguard the role and title of Ombudsmen in both the public and private sectors;
    (b) define, publish and keep under review criteria for the recognition of Ombudsman offices by the Association (attached as Schedule 1);
    (c) accord recognition publicly to those persons or offices in the United Kingdom and its dependent territories, the Channel Islands, the Isle of Man, and the Republic of Ireland who satisfy the defined criteria for recognition;
    (d) formulate and promote standards of best practice to be met by Ombudsmen in the performance of their duties;
    (e) hold meetings, conferences and seminars, publish information and engage in all such other activities as may improve public awareness of recognised Ombudsman schemes and encourage their efficiency and effectiveness.

  • Membership

  • (a) There shall be two categories of membership for which those eligible shall be as follows:
    (i) ‘Voting’ member: an Ombudsman office recognised by the Association as satisfying the Association’s Criteria irrespective of whether or not the term ‘Ombudsman’ is included in the title or description of such office;
    (ii) ‘Associate’ member: any individual (Individual Associate member) or organisation (Corporate Associate member) who, in the opinion of the Executive Committee (taking account of any recommendation of the Validation Committee), is interested in and supports the objects of the Association and has significant relevant expertise. A decision to admit to Associate membership shall take account of the current position held by the applicant and/or the expertise and interest of the applicant personally irrespective of their current position.

    (b) The Secretary shall maintain an up-to-date list of members of the Association (attached as Schedule 2).

    (c) Any Ombudsman office as shall wish to become a member of the Association must submit to the Secretary an application signed as the case may be by the Ombudsman or on behalf of the office. The Executive Committee shall elect to Voting membership any Ombudsman office recommended by the Validation Committee in accordance with the Association’s Criteria or remit the recommendation to the Annual General Meeting or a Special General Meeting of the Association for decision.

    (d) Each Voting member shall have a Representative who shall be the Ombudsman (or other individual person performing that role at the office of that Voting member). However, if an Ombudsman office has two or more Ombudsmen (or other individual persons performing that role) its Representative shall be such one of them as it shall specify by notice in writing to the Secretary.

    (e) The Representative of a Voting member shall be entitled to exercise on behalf of that member all such rights as attach to being a Voting member of the Association.

  • Subscription

  • (a) Each member shall pay an annual subscription according to the category of membership as set out in Rule 3(a) namely: (i) Voting member; (ii) Individual Associate member; (iii) Corporate Associate member, and according to any differential in the rates of subscription within a particular category which the Executive Committee may determine.

    (b) The annual subscription shall be due on joining the Association and thereafter on the 1st day of April each year, except that a new member joining on or after 1 January, shall not be required to pay a subscription for the remainder of that financial year.

    (c) The amount of the subscription shall be determined from time to time by the Executive Committee and their decision reported to the Annual General Meeting.

  • Resignation

  • (a) A member shall cease to be a member on giving written notice to the Secretary of resignation.

    (b) A member whose subscription is more than three months in arrears shall be deemed to have resigned.

  • Expulsion

  • The Executive Committee shall have power to expel a member when, in its opinion, it would not be in the interests of the Association for that member to remain a member. A member shall not be expelled unless the member shall first have been given the opportunity to attend a meeting of the Executive Committee and 28 days notice in writing specifying the date, time and place of the meeting and details of the complaint made against the member. The member shall be entitled to appear before the Executive Committee accompanied, if the member so wishes, by a friend or representative to answer any complaint against the member and shall not be expelled unless at least two thirds of the Executive Committee then present vote in favour of the member’s expulsion. The decision of the Executive Committee on whether or not to expel a member with reasons shall be notified in writing to the member.

  • Officers

  • (a) The Association shall have a Chairman, a Secretary, and a Treasurer. The Chairman must be a Voting member of the Association.
    (b) The Secretary may also be the Treasurer of the Association.
    (c) The Chairman shall be proposed, seconded and elected by the Voting members at the Annual General Meeting and shall hold office until the conclusion of the next Annual General Meeting when he or she shall retire. Any vacancy occurring by resignation or otherwise may be filled by the Executive Committee at their discretion. A retiring Chairman shall be eligible for re-election.
    (d) The Secretary (and Treasurer, if the post is separate from that of Secretary) shall be appointed by the Executive Committee annually immediately following the Annual General Meeting.

  • Executive Committee

  • (a) The Association shall have an Executive Committee, which shall consist of the Chairman, Secretary and Treasurer (if the post of Treasurer is separate from that of Secretary), and up to five other elected members.

    (b) Voting members and members of staff of Voting members shall be eligible for election to the Executive Committee, except that the number of members of staff of Voting members on the Committee at any one time shall not exceed two (or three if the post of Treasurer is not also held by the Secretary).

    (c) The five members of the Executive Committee, other than the Chairman, Secretary and Treasurer, shall be elected at the Annual General Meeting as follows:
    - three members shall be elected by representatives of Voting members from the UK and Northern Ireland
    - one member shall be elected by representatives of Voting members from the Republic of Ireland
    - one member shall be elected by Associate members.

    (d) They shall hold office until the conclusion of the next Annual General Meeting when they shall retire. Retiring members of the Executive Committee shall be eligible for re-election. Any vacancy occurring by resignation or otherwise may be filled by the Executive Committee by co-option.

    (e) The Executive Committee shall be responsible for the conduct of the business of the Association in accordance with these Rules and the decisions taken at the Annual and Special General Meetings.

    (f) The Secretary shall give all members of the Executive Committee not less than seven days written notice of a meeting of the Executive Committee. Decisions of the Executive Committee shall be made by a simple majority of all the members present and voting and in the event of equality of votes the Chairman (or the acting chairman of that meeting) shall have a casting or additional vote. The Secretary, or in the absence of the Secretary, a member of the Executive Committee shall take minutes.

    (g) A sub-committee or sub-committees may be set up for particular purposes either by the Executive Committee or by the Association at an Annual General Meeting, or a Special General Meeting. The membership may include Associate as well as Representatives of Voting members. A sub-committee shall have the power to make recommendations to the Executive Committee. The recommendations of a sub-committee set up by the Association at an Annual General Meeting or at a Special General Meeting shall first be considered by the Executive Committee, but shall be received by the Association at the next Annual General Meeting or Special General Meeting together with the Executive Committee’s comments on them.

  • Validation Committee

  • (a) Each year the Executive Committee shall appoint a Validation Committee whose responsibility shall be to:
    (i) advise the Executive Committee on whether applications for membership shall be approved;
    (ii) review, when requested to do so by the Executive Committee or by a resolution of the Annual General Meeting whether existing Voting members meet the Criteria for Voting membership, and to advise the Executive Committee if they consider that a Voting member does not meet the Criteria or is not considered to be making satisfactory progress towards meeting them.

    The Validation Committee’s report following a review of a Voting member(s) together with the comments of the Executive Committee shall be submitted to the next Annual General Meeting or, at the discretion of the Executive Committee, a Special General Meeting of the Association.

    (b) The Validation Committee shall consist of the Chairman of the Association, who shall be chairman of the Validation Committee, one other representative of a Voting member of the Association, and three independent members. Members may be reappointed at the end of their year of office. Recommendations of the Validation Committee shall be decided by a simple majority of votes.

    (c) Members of councils and Individual Associate members (but not Voting members) are eligible for appointment as an independent member, provided they are not in paid employment of any organisation subject to investigation by a Voting member.

    (d) The independent members shall be chosen from among those who, in the opinion of the Executive Committee, represent the public interest; have knowledge of the Ombudsman function; are known to support it; and will make a relevant contribution to the work of the Validation Committee because of their particular skills and experience.

    (e) The Validation Committee shall meet as required and the Secretary of the Association shall be responsible for providing relevant papers, advising the Committee and recording its proceedings.

    (f) At the Chairman’s discretion, the Validation Committee’s business may be conducted other than by holding a meeting, e.g. by correspondence or by telephone.

    (g) All applications for Voting membership must be considered by the Validation Committee, but where an application for Associate membership appears to be straightforward, the Chairman in consultation with the Secretary shall have discretion without reference to the Validation Committee or the Executive Committee to approve it on behalf of the Executive Committee, reporting the decision subsequently to both committees.

  • Annual General Meeting

  • (a) The Association shall hold an Annual General Meeting in each year to transact the following business:
    (i) to receive the Chairman’s report of the activities of the Association during the previous year;
    (ii) to receive and consider the accounts of the Association for the previous year, the Auditor’s report on the accounts, and the Treasurer’s report as to the financial position of the Association;
    (iii) to remove and elect the Auditor or to confirm that he or she remain in office;
    (iv) to elect the officers and other members of the Executive Committee; and
    (v) to decide on any resolution which may be duly submitted in accordance with Rule 10(k).

    (b) The quorum for the Annual General Meeting shall be a quarter of the Voting membership.

    (c) The Chairman or, in his or her absence, a member selected by the Executive Committee, shall take the chair.

    (d) All members present shall be entitled to speak and to participate in discussion but only Voting members shall be entitled to vote at the Annual General Meeting, other than for the election of an Associate member to be a member of the Executive Committee (see rule 10(j)).

    (e) A Voting member shall be represented at the Annual General Meeting by its Representative or, in his or her absence, by such other individual representative as the Representative may by prior notice in writing to the Secretary appoint for a particular meeting.

    (f) The Secretary, or in the absence of the Secretary, a member of the Executive Committee, shall take minutes at the Annual General Meetings.

    (g) Nominations for the election of a member to the office of Chairman, and for the election of four of the members of the Executive Committee shall be made in writing to the Secretary not less than 14 days before the Annual General Meeting by the proposer and seconder, who must both be representatives of Voting members, and in the case of the member of the Executive Committee from the Republic of Ireland, Voting members in the Republic of Ireland.

    (h) A decision on the election of the Chairman and four members of the Executive Committee shall be made by the Voting members, if necessary by a vote when a simple majority of Voting members present and voting shall be required for a candidate to be elected.

    (i) The nomination for the fifth member of the Executive Committee, who shall be an Associate member, shall be made in writing to the Secretary not less than six weeks before the Annual General Meeting by the proposer and seconder who must both be Associate members.

    (j) A decision on the election of the Associate member of the Executive Committee shall be made by the Associate members, by means of a postal ballot (if there is more than one candidate) to be arranged by the Secretary in sufficient time for the name of the successful candidate to be announced at the AGM, save in May 2001, when (if there is more than one candidate) the postal ballot shall be conducted as soon as possible after the AGM.

    (k) Notice of a resolution to be moved at the Annual General Meeting proposed and seconded by a member, who may be a Voting or Associate member, shall be given in writing to the Secretary not less than 14 days before the meeting.

    (l) A decision on a resolution moved at the Annual General Meeting, other than a resolution proposing an amendment(s) to the rules or criteria, shall be made by the Voting members, if necessary by a vote, when a simple majority of Voting members present and voting shall be required for a resolution to be carried. In the event of an equality of votes, the chairman of the meeting shall have, as the case may be, a casting or additional vote.

  • Special General Meeting

  • (a) A Special General Meeting may be called at any time by the Executive Committee.

    (b) A Special General Meeting shall be called by the Executive Committee within six weeks of being so requested by not less than a quarter of the Voting members by notice in writing to the Secretary signed by or on behalf of those Voting members to consider such business as may be specified in the notice.

    (c) The procedure at a Special General Meeting shall be the same as at the Annual General Meeting.

  • Alteration of the Rules and Criteria

  • The Rules or the Criteria may be altered by resolution at an Annual or Special General Meeting provided that the resolution is carried by a two-thirds majority of Voting members present and voting at the General Meeting.