BOPA constitution

 Registered as a Charitable Unincorporated Association.

Charity No: 1065026

VAT registered GB 326 4322 23

Page updated 21st May 2020

 

  1. Name

The name of the Association is The British Oncology Pharmacy Association (“the Charity”)

 

  1. 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”).

 

  1. Aims

To promote excellence in the pharmaceutical care of patients with cancer, thereby improving their quality of life.

 

  1. 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, Department of Health and equivalent bodies in the devolved nations 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, independent sector, charitable sector 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.

 

  1. Powers

In accordance with the objectives 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 accordance with the objectives 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 objectives.
    4. Power to appoint and constitute such advisory committees as the Executive Committee may think fit (such as subcommittees and working groups).
    5. Power to do all such other lawful things as are necessary for the achievement of the objectives.

 

  1. 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 assistants.

  1. 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. Honorary Membership: May be conferred on the recommendation of the Executive Committee. They may attend all meetings of the association but have no voting rights.
  4. Fellowship: Conferred on the recommendation of the Executive Committee (following a nomination or consultation process that includes the membership) in recognition of an outstanding contribution to the work of BOPA and/or supporting oncology pharmacy in its widest sense. Fellowship is for life. Fellows may attend all meetings of the association and have voting rights so long as their membership is active.
  1. 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, non-renewal of fees, 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. Fees are not refundable if cancelled during the subscription year.
  5. The Executive Committee may unanimously and for good reason terminate the membership of any individual or member organisation. The individual/organisation concerned shall have the right to be heard by the Executive Committee before the decision is made. Fees are not refundable.

 

  1. Fees
  1. Each member shall pay an annual subscription
  2. Membership fees shall apply for one calendar year from the date that they are paid.
  3. Fees of existing members shall be due one calendar year after joining, after which date a member whose fees remain unpaid shall be deemed to be in default and shall not be entitled to the privileges of membership.
  4. The subscription fees shall be determined at the Annual General Meeting and shall become effective on a date agreed at the Annual General Meeting.

 

  1. Honorary Officers

The Honorary Officers will be elected members of the Executive Committee. They 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. Where there are two co-chairs the honorary post of vice chair can be deemed by the Executive Committee as not necessary.

  1. Executive Committee
  1. The Executive Committee shall consist of not less than 9 members and not more than 14 permanent members with at least 50% of members employed by the National Health Service (NHS).
  2. The honorary officers specified in the preceding clause must elect as many members 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 a turnover of committee members.
  3. The Executive Committee may in addition appoint not more than 2 co-opted members to bring in required expertise. 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 and be reviewed each year. Note co-opting additional members may take membership of exec committee to 16 (maximum 14 elected plus 2 co-opted). Co-opted members do not have voting rights.
  4. 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.
  5. The Executive Committee shall include no less than one member who is a pharmacist new to the field of oncology (less than 2 years oncology experience at the point of election to the role). 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 member working for the independent sector. Should no suitable members come forward to fill position then a vacancy will be noted, and membership informed
  7. 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
  8. 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.
  9. 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.
  10. 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.
  11. 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, of willingness to act in the trusts of the Charity and a declaration of any relevant interest. This declaration will be stored on the website and updated each year.
  12. 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.
  13. Working Group & Subcommittee 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 Executive committee.
  14. All executive and subcommittee 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
  15. The Chair and Vice Chair (or 2 co-chairs) 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 (or 2 co-chairs) 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(s) being excluded due to conflict of interest the Vice Chair will take the chair (if applicable).
  16. In the case of both the chair (or 2 co-chairs) 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.

 

  1. Determination of Membership of Executive Committee
  1. A member of the Executive Committee shall cease to hold office if he or she:
  2. 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).
  3. Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs.
  4. 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
  5. 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).
  6. Is involuntarily removed from the General Pharmaceutical Council register for pharmacists and pharmacy technicians.

 

  1. Voting

Each Executive committee member shall have a vote. Voting rights of all Executive committee members shall be equal. The method of voting shall be as specified under clause 13.

  1. 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 subcommittees and task forces.
    8. Ensure Terms of Reference are established for Subcommittees and Working groups.
    9. Review minutes and ensure clarity and accuracy.
    10. Prepare correspondence as required.
    11. Ensure communication with members, via website, social media, and newsletters.
    1. Vice Chair

In the event of co-chairs – the sitting Executive Committee may decide it is not necessary to have a vice chair as well. In this instance, this decision will be communicated clearly to the membership at the time of announcing Executive officer appointments following the AGM.

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.
  1. 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.
    5. Be a high-level administrator for the BOPA website.
    6. Coordinate membership recruitment/renewal campaign. This may be contracted to a commercial organisation or via the BOPA website.
    7. Maintain membership database, mailing lists and labels. This may be contracted to a commercial organisation or via the BOPA website.
    8. Maintain stock of official Association stationery (including digital templates). This may be contracted to a commercial organisation or via the BOPA website.
  1. 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 standing financial instructions.
  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.

 

  1. 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 extenuating circumstances.
  4. The Chair(s) shall act as Chair at meetings of the Executive Committee. If the Chair(s)is/are absent from any meeting, the vice chair (if applicable) shall chair and if not available then 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. Where this is tied (in the case of co-chair) then the casting vote is passed to the treasurer.
  7. The Executive Committee shall keep minutes of the proceedings of the Executive Committee and any subcommittees. This will be made available on the BOPA website.
  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 working group consisting of at least one member 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 working group: provided that all acts and proceedings of any such working group shall be fully and promptly reported to the Executive Committee.

 

  1. Subcommittees
  1. Subcommittees are formed to recommend programs and policies to the Executive committee members.
  2. Subcommittees may be permanent and ongoing.
  3. Subcommittee chairs (or co-chairs) are appointed by the Executive Committee.
  4. Subcommittee chairs (co-chairs) or their deputies will attend meetings of the Executive Committee for the length of the subcommittee. Unless they are also members of the Executive Committee, they will not have voting rights.
  5. Subcommittee chairs (co-chairs) will recruit committee members as required.
  6. Terms of reference or duties and responsibilities are established by the Executive Committee in collaboration with the subcommittee Chairs and kept on the website.
  7. The subcommittee Chair (co-chairs) will conduct meetings.
  8. The subcommittees Chair (co-chairs) will submit a written summary of activities, at least quarterly, to the Executive Committee.
  9. Funding for annual or special events will be agreed with the Treasurer when required. The Subcommittee Chair (co-chair) will ensure an annual budget is submitted to the Treasurer.
  10. Official correspondence on behalf of the Association should be copied to the Executive committee Chair (co-chairs). Official BOPA digital templates should be used where available

 

  1. 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. Digital bank transfer can be used where necessary. This should be in line with the standing financial orders. Monthly bank statements are submitted to the Executive committee by the treasurer.

The funds belonging to the Charity shall be applied only in furthering the objectives stated in section 4.

  1. Remuneration

Executive Officers, Subcommittee, 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.

Pharmacists can claim reimbursement of locum fees for community pharmacist cover to attend meetings or carry out work in accordance with BOPA objectives. This must be agreed in advance of the meeting attended.

  1. Property

No land or building will be held by or in trust for the Charity.

  1. Accounts

The Executive Committee shall comply with their obligations under the Charities Act 2011 (or any statutory re-enactment or modification of that Act) regarding:

    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.

 

  1. Annual Report

The Executive Committee shall comply with their obligations under the Charities Act 2011 (or any statutory re-enactment or modification of that Act) regarding the preparation of an annual report and its transmission to the Commissioners.

 

  1. Annual Return

The Executive Committee shall comply with their obligations under the Charities Act 2011 (or any statutory re-enactment or modification of that Act) regarding the preparation of an annual return and its transmission to the Commissioners.

  1. 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.
  4. The meeting may be held virtually (on digital media).

 

  1. 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.

 

  1. 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. Email receipt is deemed satisfactory as signature.
  5. A seconder must support each nomination. Email receipt is deemed satisfactory as signature.
  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)

 

  1. Elections
  1. Election Date
    1. The membership shall elect Executive committee members 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. Where the annual symposium is held in any other month than October then the annual cycle started on 1st November.
  1. Election Procedure
    1. The election, which shall be by secret ballot, shall be conducted by an independent organisation, or in such as way though the website that individual votes cannot be seen by any BOPA members, including the Executive committee
    2. The candidate receiving a majority of the cast ballots shall be declared elected.

 

  1. Vacancies

An Executive Committee members seat shall be deemed vacant if a committee member

  1. Ceases to be an “active member” of the Association in accordance with section 10.
  2. Resigns
  3. Dies

Where a vacancy occurs, the Executive Committee may appoint a successor from among qualified members of the Charity only when the vacancy results in a non-quorate Executive Committee (Section 9a). Such appointee shall hold office until for the remainder of the term or until an election can take place.

  1. Special General Meetings

The Executive Committee may call a special general meeting of the Charity at any time. If at least ten Charity members request such a meeting in writing or email 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.

  1. 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.

 

  1. Notices

Any notice required to be served on any member of the Charity shall be in writing and shall be served by the secretary or the Executive Committee on any member either personally, by email (using BOPA approved template) or by post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom. Any letter so sent shall be deemed to have been received within 10 days of posting. Any email so sent shall be deemed to have been received on the transmission date.

  1. 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 Charity 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.

 

  1. 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: Seonaid McLachlan, Co-chair of BOPA

Emma Foreman, Co-chair of BOPA

Netty Cracknell BOPA Secretary

Approved By: BOPA committee
Version No. 2.0 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 at 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
2.0 Approved by on-line members vote (2019 AGM was not quorate) 21/01/2020