BOPA constitution

Registered as a Charitable Unincorporated Association.

Charity No: 1065026

  1. Name
    The name of the Association is The British Oncology Pharmacy Association (“the Charity”)
  2. Administration
    Subject to the matters set out below the Charity and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee constituted by clause 9 of this constitution (“the Executive Committee”).
  3. Aims
    To promote excellence in the pharmaceutical care of patients with cancer, thereby improving their quality of life.
  4. Objectives
    1. To promote the highest standards of pharmaceutical practice within oncology.
    2. To promote the role of specialist oncology and haematology pharmacists and technicians.
    3. Support and develop recognition and accreditation of oncology as a specialty area of pharmacy practice.
    4. To lead, promote and encourage oncology pharmacy practice research.
    5. To encourage and promote specialist postgraduate and other education of pharmacists and technicians in the knowledge and practice of oncology and oncology pharmacy.
    6. To inform and guide the General Pharmaceutical Council, Royal Pharmaceutical Society of Great Britain, National Health Service and Department of Health about the pharmaceutical needs of patients with cancer.
    7. To develop and monitor standards of pharmaceutical practice in cancer care
    8. To foster alliances between hospital, community and academic pharmacists and pharmacy technicians with those working in the pharmaceutical industry and other healthcare professions.
    9. To facilitate communication through appropriate media such as website, social media, digital platforms, newsletters, other publication, symposia and by providing networking opportunities.
    10. Promote occupational health and safety issues for personnel working with hazardous anticancer agents.
    11. To be an advocate for challenges members face in delivering service(s) to patients, in face of growing demand, time and resource pressures
    12. Support development and evolution of the profession into new areas of practice such as non-medical prescribing and advanced clinical practitioners.
  5. Powers
    In furtherance of the objects but not otherwise the Executive Committee may exercise the following powers:

    1. Power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law.
    2. Power to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objects or of similar charitable purposes and to exchange information and advice with them.
    3. Power to establish or support any charitable trusts, associations or institutions formed for all or any of the objects.
    4. Power to appoint and constitute such advisory committees as the Executive Committee may think fit.
    5. Power to do all such other lawful things as are necessary for the achievement of the objects
  6. Membership
    1. Qualifications for full membership
      Membership of the Association shall be open to all pharmacists and pharmacy technicians interested in the practice of oncology pharmacy on the current register of the General Pharmaceutical Council and pharmacy ATOs.
    2. Other Categories of Membership
      1. Corporate Membership
        This is open to corporate bodies that have expressed their willingness to support the philosophy and activities of the association. They may attend all meetings of the association but have no voting rights.
      2. Affiliate Membership
        This is open to healthcare professionals not eligible for other forms of membership who support the philosophy and activities of the association. They may attend all meetings of the association but have no voting rights.
      3. iii. Honorary Membership
        May be conferred on the recommendation of the Executive Committee
      4. Fellowship
        Conferred on the recommendation of the Executive Committee (following a nomination or consultation process that includes membership) in recognition of an outstanding contribution to the work of BOPA and/or supporting oncology pharmacy in its widest sense.
    3. Applications
      1. Applications for membership shall be in a form prescribed by the Executive Committee and shall be accompanied by the prescribed fees.
      2. Membership will be considered upon application, with the Executive Committee reserving the right to refuse any application.
      3. Membership ends by resignation, expulsion or death.
      4. A member may resign his or her membership by giving the membership secretary notice in writing to that effect or by non-renewal of membership / payment of fees.
      5. The Executive Committee may unanimously and for good reason terminate the membership of any individual or member organisation, provided that the individual concerned (as the case may be) shall have the right to be heard by the Executive Committee, accompanied by a friend or colleague, before the decision is made.
  7. Fees
    1. Each member shall pay an annual subscription
    2. Membership fees shall apply to the membership year for which they are paid.
    3. The membership year shall commence on 1st April.
    4. Fees of existing members shall be due on April 1 of each year, after which date a member whose fees remain unpaid shall be deemed to be in default and shall not be entitled to privileges of membership.
    5. Where the membership is obtained after the first day of February in any year, the fee shall apply as well to the year following.
    6. The subscriptions for the following year shall be determined at the Annual General Meeting and shall become effective on the 1st of April following year.
  8. Honorary Officers
    The Honorary Officers will be elected members of the Executive Committee, are responsible to the Executive Committee and manage and operate the Association. The Honorary Officers shall be elected by the elected members of the Executive Committee at the first executive meeting after the announcement of the elected members. The position of Vice Chair can be held by any committee member other than the Chair including those in the position of Secretary and Treasurer.
  9. Executive Committee
    1. The Executive Committee shall consist of not less than 9 members not more than 14 permanent members with at least 50% of members employed by the National Health Service (NHS).
      1. The honorary officers specified in the preceding clause must elect as many member to the exec committee at the annual general meeting as required to fill vacancies who shall hold office from the conclusion of that meeting for a period of up to 3 years, with potential extension by 1 year in exceptional circumstances by agreement of rest of committee in order to avoid too large turnover of committee members.
    2. The Executive Committee may in addition appoint not more than 2 co-opted members but so that no-one may be appointed as a co-opted member if, as a result, more than one third of the members of the Executive Committee would be co-opted members. Each appointment of a co-opted member shall be made at a special meeting of the Executive Committee and shall take effect from the end of that meeting. Note co-opting additional members may take membership of exec committee to 16 (maximum 14 elected plus 2 co-opted)
    3. The Executive Committee shall include no less than one pharmacy technician amongst its membership. Should no suitable members come forward to fill the position then a vacancy will be noted and membership informed.
    4. The Executive Committee shall include no less than one member who is a pharmacist new to the field of oncology. Should no suitable members come forward to fill position then a vacancy will be noted and membership informed
    5. The Executive Committee shall include no less than one member working for a private healthcare provider. Should no suitable members come forward to fill position then a vacancy will be noted and membership informed
    6. The Executive Committee shall include no less than one individual member who is a pharmacist or pharmacy technician registered with the General Pharmaceutical council and who is employed by a pharmaceutical company which holds a market authorisation for at least one product licensed in the UK for the treatment of an oncological or haematological malignancy. They must have joined as an individual member, i.e. not part of a corporate membership. Should no suitable members come forward to fill position then a vacancy will be noted and membership informed
    7. Members of the Executive Committee shall retire from office at the end of the annual general meeting three years after the date on which they came into office but they may be re-elected or re-appointed or have term extended by one year in exception circumstances see 9.ii. above.
    8. The proceedings of the Executive Committee shall not be invalidated by any vacancy or by any failure to appoint or to defect in the appointment or qualification of a member.
    9. Nobody shall be appointed as a member of the Executive Committee who is aged under 18 or who would if appointed be disqualified under the provisions of the following clause.
    10. No person shall be entitled to act as a member of the Executive Committee whether on a first or any subsequent entry into office until after signing a declaration of acceptance and of willingness to act in the trusts of the Charity.
    11. A nominated representative from the Paediatric Oncology Pharmacist group (POPG) and any subsequent specialist practice interest group approved by the Executive Committee may attend meetings of the Executive Committee. These nominated representatives do not have voting rights.
    12. Working Group & Sub Committee chairs or their deputies will attend meetings of the Executive Committee. These chairpersons and deputies do not have voting rights unless they are also full members of the committee.
    13. All committee members are present in their capacity as oncology pharmacists/technicians and are not representing their employers and must therefore not act in direct interests of their employers, ensuring that all potential conflicts of interest are declared. Members will withdraw themselves from discussion and voting on topics where there is a conflict of interest
    14. The Chair has to be an NHS or UK Higher Education Institute Employee.
    15. The Chair and Vice Chair and have a responsibility to ensure all discussion and decisions are fair and open and that all conflicts of interest are noted. The Chair and Vice Chair have capacity to ask a committee member to exclude themselves (including each other) from discussion and decisions if a conflict of interest arises. In the case of the Chair being excluded due to conflict of interest the Vice Chair will take the chair.
    16. In the case of both the chair and vice chair being excluded, the committee will agree a temporary chair for the item of business. All exclusions should be noted in the minutes
  10. Determination of Membership of Executive Committee
    A member of the Executive Committee shall cease to hold office if he or she:

    1. Is disqualified from acting as a member of the Executive Committee by virtue of section 45 of the Charities Act 1992 (or any statutory re-enactment or modification of that provision).
    2. Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs.
    3. Is absent without permission of the Executive Committee from all their meetings held within a period of six months or for greater than 50% of meetings in one annual period and the Executive Committee resolve that his or her office be vacated, or
    4. Notifies to the Executive Committee a wish to resign (but only if at least three members of the Executive Committee will remain in office when the notice resignation is to take effect).
  11. Voting
    Each Executive Officer shall have a vote. Voting rights of all officers shall be equal. The method of voting shall be as specified under clause 13.
  12. Duties and responsibilities 
    1. Executive Officers:
      1. Chair:
        The duties and responsibilities of the Chair include, but are not restricted to:

        1. Attend all meetings of the Executive Committee.
        2. Represent the Association at other meetings as required.
        3. Preside at Executive Committee meetings and the Annual General Meeting.
        4. Establish agenda in conjunction with Executive Committee members.
        5. Prepare and submit annual report of activities to the membership at Annual General Meeting.
        6. Attend the Annual British Oncology Pharmacy Association Symposium and participate as required
        7. Ensure chairs are appointed for sub-committees and task forces.
        8. Ensure Terms of Reference are established for Advisory Committees and Working groups.
        9. Review minutes and ensure clarity and accuracy.
        10. Prepare correspondence as required.
        11. Maintain communication with members, via website, social media, and newsletters.
      2. Vice Chair
        The duties and responsibilities of the Vice Chair include, but are not restricted to:

        1. Attend all meetings of the Executive Committee.
        2. Perform the duties of the Chair if the Chair is unable to do so.
        3. If for any reason the Vice Chair is unable to assume the office of Chair, an election of Chair must be held. The Current Chair will remain in office until the special election by the elected members has been held.
      3. Secretary
        The duties and responsibilities of the Secretary include, but are not restricted to:

        1. Attend all meetings of the Executive Committee.
        2. Attend the Annual British Oncology Pharmacy Association Symposium and participate as required.
        3. Act as secretary for Executive Committee meetings.
        4. Ensure maintenance and safekeeping of all official records. This may be contracted to a commercial organisation.
      4. Treasurer:
        The duties and responsibilities of the Treasurer include, but are not restricted to:

        1. Manage financial transactions as per established rules.
        2. Attend all meetings of the Executive Committee
        3. Conduct banking transactions within budgetary guidelines.
        4. Authorise disbursement of funds under the direction of the Executive Committee.
        5. Review proposed plans and programmes with regards to financial implications for the Association.
        6. Provide an update of financial status at all ordinary meetings of the Executive Committee.
        7. Submit an annual budget to the Executive Committee.
        8. Present a financial report to the Annual General Meeting.
        9. Coordinate membership recruitment/renewal campaign. This may be contracted to a commercial organisation.
        10. Maintain membership database, mailing lists and labels. This may be contracted to a commercial organisation.
        11. Maintain stock of official Association stationery. This may be contracted to a commercial organisation.
  13. Meetings and Proceedings of Executive Committee.
    1. The Executive Committee shall hold at least four ordinary meetings each year. A special meeting may be called at any time by the Chair or by any two members of the Executive Committee upon not less than 4 days notice being given to the other members of the Executive Committee of the matters to be discussed but if the matters include an appointment then not less than 21 days notice must be given.
    2. Attendance at Executive Committee meetings to be published on the BOPA website as part of meeting minutes.
    3. Elected members of the Executive Committee must attend at least 50% each year unless prevented by circumstances.
    4. The Chair shall act as Chair at meetings of the Executive Committee. If the Chair is absent from any meeting, the members of the Committee present shall choose one of their number to chair the meeting before any other business is transacted.
    5. There shall be a quorum when at least one third of the number of members of the Executive Committee for the time being or three members of the Executive Committee, whichever is the greater, are present at a meeting.
    6. Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the question but in the case of equality of votes the Chair of the meeting shall have a second or casting vote.
    7. The Executive Committee shall keep minutes, in books kept for the purpose, of the proceedings of the Executive Committee and any sub-committee.
    8. The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
    9. The Executive Committee may appoint one or more sub-committees consisting of three or more members of the Executive Committee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Executive Committee would be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committees shall be fully and promptly reported to the Executive Committee.
  14. Working groups
    1. Working groups are formed to recommend programs and policies to the Executive Officers.
    2. Working groups may be permanent and ongoing.
    3. Working group chairs are appointed by the Executive Officers.
    4. Working group chairs or their deputies will attend meetings of the Executive Committee for the length of the working group. Unless they are members of the Executive Committee, they will not have voting rights.
    5. Working group chairs will recruit committee members as required.
    6. Terms of reference or duties and responsibilities are established by Executive Officers in collaboration with the Working Group Chairs.
    7. The Working Group Chair will conduct meetings.
    8. The Working Group Chair will submit a written summary of activities at each meeting of the Executive Committee.
    9. Funding for annual or special events will be agreed with the Treasurer when required.. The Working Group Chair will ensure an annual budget is submitted to the Treasurer.
    10. Correspondence on behalf of the Association should be copied to the Chair. Official Association stationery should be used.
  15. Receipts and Expenditure
    The funds of the Charity, including all donations, contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the Charity at such bank as the Executive Committee shall from time to time decide. All cheques drawn on the account must be signed by at least two members of the Executive Committee.The funds belonging to the Charity shall be applied only in furthering the objects.
  16. Remuneration
    Executive Officers, Working Group or Task force members shall not receive remuneration for their work for the Association, but shall be entitled to have their reasonable expenses reimbursed by the Association.
  17. Property
    No land or property will be held by or in trust for the Charity.
  18. Accounts
    The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to:

    1. The keeping of accounting records for the Charity,
    2. The preparation of annual statement of account for the Charity,
    3. The auditing or independent examination of the statements of the account of the Charity, and
    4. The transmission of the statements of the account of the Charity to the Commissioners.
  19. Annual Report
    The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Commissioners.
  20. Annual Return
    The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Commissioners.
  21. Annual General Meeting
    1. There shall be an annual general meeting of the Charity, which shall be held in the month of October each year or as soon as practicable thereafter.
    2. The Executive Committee shall call every annual general meeting. The secretary shall give at least 21days’ notice of the annual general meeting to all the members of the Charity. All the members of the Charity shall be entitled to attend and vote at the meeting.
    3. The Executive Committee shall present to each annual general meeting the report and accounts of the Charity for the preceding year.
  22. Voting
    1. Only active members may vote at meetings of the Association. At any meeting of members, each member shall be entitled to give one vote. There shall be no voting by proxy.
    2. At all meetings of members, every question shall be decided by a majority of the votes.
    3. Every question shall be decided in the first instance by a show of hands unless a secret ballot is demanded. Upon show of hands, every member present in person shall have a vote and, unless a secret ballot is demanded, a declaration by the chairperson that a resolution has been carried or not carried. An entry to that effect in the minutes shall be sufficient evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. In the event of a tie vote the motion shall be defeated.
  23. Nominations to Executive committee
    1. A call for nominations shall be mailed to all members of the Association at least 30 days prior to the election.
    2. Only active members are eligible nominate for election, vote, or stand for election in the Association.
    3. Nominations for election to the Executive Committee must be made by members of the Charity in writing (submission may be by post or by email) and must be in the hands of the secretary (or nominated deputy) of the Executive Committee at least 14 days before the annual general meeting.
    4. Nominations must be signed by the nominee.
    5. A seconder must support each nomination.
    6. Should nominations exceed vacancies, election shall be by ballot. Votes will be cast by post or suitable online voting tool and the results announced at the annual general meeting or by post or email (see section 24)
  24. Elections
    1. Election Date
      1. The membership shall elect Officers at the time of the Annual General Meeting. The election may be held during the Annual General Meeting or by mail or suitable online voting tool immediately prior to the Annual General Meeting.
      2. The committee’s annual cycle starts after the annual conference and election of officers, e.g. 1st November to 31st October.
    2. Election Procedure
      1. The election, which shall be by secret ballot, shall be conducted by an independent organisation.
      2. The candidate receiving a majority of the cast ballots shall be declared elected.
  25. Vacancies
    An Executive Officer’s seat shall be deemed vacant if an officer:

    1. Ceases to be an “active member” of the Association
    2. Resigns
    3. DiesWhere a vacancy occurs, the Executive Committee may appoint a successor from among qualified members of the Association and such appointee shall hold office until for the remainder of the term or until an election can take place.
  26. Special General Meetings
    The Executive Committee may call a special general meeting of the Charity at any time. If at least ten members request such a meeting in writing stating the business to be considered the secretary shall call such a meeting. At least 21 days’ notice must be given. The notice must state the business to be discussed.
  27. Procedure at General Meetings
    1. The secretary or other person specially appointed by the Executive Committee shall keep a full record of proceedings at every general meeting of the Charity.
    2. Quorum is when at least one tenth of the number of members of the Charity for the time being or ten members of the Charity, whichever is the greater, are present at any general meeting.
  28. Notices
    Any notice required to be served on any member of the Charity shall be in writing and shall be served and shall be served by the secretary or the Executive Committee on any member either personally or by sending it through the post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within 10 days of posting.
  29. Alterations to the Constitution
    1. Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than fifty one percent of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.
    2. No amendment may be made to clause 1 (the name of the Charity clause), clause 3 (the objects clause), clause 20 (the dissolution clause or this clause without the prior consent in writing of the Commissioners.
    3. No amendment may be made which would have the effect of making the Charity cease to be a charity at law.
    4. The Executive Committee should promptly send to the Commissioners a copy of any amendment made under this clause.
  30. Dissolution
    If the Executive Committee decides that it is necessary or advisable to dissolve the Charity it shall call a meeting of all members of the Charity, of which not less than 21 days’ notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed is confirmed by a two-thirds majority of those present and voting the Executive Committee shall have power to realise any assets held by or on behalf of the charity. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institutions or institutions having objects similar to the objects of the Charity as the members of the Charity may determine or failing that shall be applied for some other charitable purpose. A copy of the statement of accounts, or account and statement, for the final accounting period of the Charity must be sent to the Commissioners.

Documentation Control

Approval of Document
Prepared By: Steve Williamson,

BOPA Chair

Approved By: BOPA committee
Version No. 1.31 Supersedes version 1.3
Date Approved: Review Period 24 Months

 

Version Control
Version Description of Changes Date Issued
unnamed Original 2012 version January 2012
1.0 Redrafted version for comments 01/05/2017
1.1 Final Draft for AGM approval 30/08/2017
1.2 Updated following agreed motions and amendments on  Annual general Meeting 07/10/17 11/10/2017
1.3 Ratified by executive committee with addition of point of clarity re co-opted members in section 9b 15/12/2018
1.31 Draft changes to voting circulated for consultation 21/09/2018
1.32 Approved at 2018 AGM 13.10.18

(after members vote, passed by majority)

16.10.2018