(as amended October 1996 and September 2000)
The LETG constitution is set out below. To go straight to any of its sections, click the links below.
Contents:
Name
Objects and powers
Membership
Local branches
National committee
Meetings
Rules of procedure
Finance
Property
Amendments to the Constitution
Dissolution
Schedule 1 - Statement of intent on equal opportunities
LETG Standing orders:
Membership
Meetings
Nominations and elections
Accounts
Alteration to standing orders
Term of office
1.Name
The name of the association will be Legal Education & Training Group hereinafter called "the Group".
2. Object of powers
(a) The Group is established to advance, foster and encourage amongst its members education and training in all matters relating to the legal profession.
(b) In furtherance of the above Objects but not otherwise the Group may:
(i) employ and pay any person or persons to further the work of the Group;
(ii) promote and carry out research and publish the results to the members;
(iii) arrange and provide for meetings, lectures, seminars and training courses;
(iv) collect and disseminate information on all matters affecting the Objects;
(v) acquire any property and any rights and privileges necessary for the promotion of the Objects;
(vi) subject to such consents as may be required by law, borrow or raise money for the Objects;
(vii) raise funds and invite and receive contributions from any person or persons PROVIDED THAT the Group shall not undertake trading activities in raising funds for the Objects;
(viii) invest the monies of the Group not immediately required for the Objects in or upon such investments, securities or property as may be thought fit, subject to such conditions (if any) as may for the time being be imposed or required by law; and
(ix) undertake such other activities as are desirable for the attainment of the Objects.
3. Membership
(a) Membership of the Group shall be open to organisations and individuals interested in furthering the work of the Group who satisfy any criteria for membership laid down in the Group's Standing Orders or Rules. The subscription payable by members shall be determined by the Committee of the Group.
(b) All applications for membership shall be decided by the Committee of the Group. The Committee shall have the right for good and sufficient reason to reject an application for membership or to suspend a member. The Committee shall have the power to expel any member, provided that the individual or organisation concerned (or any individual representing the organisation concerned as the case may be) shall have the right to be heard before a decision is taken.
(c) The Committee shall have the right for good and sufficient reason to require a member to change its nominated representative.
4. Local branches
Local branches of the Group may be established with the consent of the Committee.
5. National Committee
(a) The policy and general management of the affairs of the Group shall be conducted by a Committee (known as "the Committee"), which shall consist of a Chairman, Treasurer, Secretary and 7 other members elected in accordance with Clause 5(b).
(b) The 10 members of the Committee shall be elected for a term of three years from the nominated LETG representatives of members of the Group by postal ballot to be conducted in accordance with the rules laid down in the Group's Standing Orders.
(c) The Committee shall appoint from among its members a Chairman, Secretary and Treasurer and such other honorary officers as it wishes.
(d) No person may hold the same honorary office for more than two consecutive years.
(e) No person may stand for election to the Committee or be elected to serve on the Committee for more than six consecutive years.
(f) In addition to the members of the Committee elected in accordance with sub-clause (b) above, the Committee may co-opt up to 6 members (who need not be members of the Group) to serve for such period as the Committee shall determine. Co-opted members may not vote at Committee meetings.
(g) If a casual vacancy among the honorary officers occurs, then the Committee shall appoint from among its members new honorary officers. Where a vacancy occurs among the elected members of the Committee, the Committee may fill a vacancy as it wishes from amongst the LETG Group's members' nominated representatives. In all cases the person appointed to fill the vacancy will hold office until the conclusion of the next election of the Group.
(h) The Committee may appoint such sub-committees as it may deem necessary and shall determine their terms of reference, powers, duration and composition. All acts and proceedings of such sub-committees shall be reported back to the Committee at the next meeting of the Committee.
(i) Meetings of the Committee shall be held at least 6 times in each year. Fourteen days' notice of such meetings shall be given to all members of the Committee.
(j) Any member of the Committee who fails without reasonable cause to attend 3 consecutive meetings of the Committee shall cease to be a member of the Committee. What is or is not a reasonable cause shall be decided by the Committee.
6. Meetings
(a) The Annual General Meeting of the Group shall be held in each year within 3 months of the end of the Group's financial year. At least 28 days' notice shall be given in writing to all members. At such AGMs the business shall include the consideration of the Group's Annual Report and audited accounts and the transaction of such other matters as may be necessary.
(b) Notice of any resolution to be proposed at the AGM shall be submitted in writing to the Secretary at least 14 days before the AGM, to be distributed to all members at least 7 days before the date of the AGM.
(c) An Extraordinary General Meeting of the Group may be called at any time by the Committee and shall be called within 28 days of receiving the written request so to do signed by at least 15 nominated representatives of members of the Group and giving a reason for the request. Fourteen days' notice of such a meeting stating business to be dealt with shall be sent to all members. No other business may be dealt with at such meetings except that specified in the notice of the meeting.
(d) The Committee shall have the power to call a meeting of the Group as and when it sees fit so to do.
7. Rules of procedure
(a) The quorum at the Annual General Meeting of the Group and Extraordinary General Meeting of the Group shall be one-tenth of all paid up Firm or Group members attending through their nominated LETG representative. The quorum at Committee meetings shall be 5 members. If the nominated LETG representative is unable to attend, the member firm may send an alternative representative provided 7 days' notice in writing of the alternative is given to the Secretary of the Group.
(b) In case of an equality of votes either at the AGM or the Extraordinary General Meetings of the Group that may be called, or at Committee Meetings, the Chairman shall have a casting vote.
(c) Minutes shall be kept by the Committee and any sub-committees. The Committee and sub-committees will inform members in writing of matters dealt with by the Committee and sub-committees. Any Firm or Group member may request a copy of the minutes of a meeting of the Committee or sub-committee by a request in writing addressed to the Secretary who will provide a copy of the minutes requested within 28 days.
(d) The Committee shall have power to adopt Standing Orders or Rules, which shall be subject either to ratification by the Group at the next General Meeting or to deem ratification by the Group where a written notice to the members setting up the proposed changes and the reasons for them is sent to the members, provided that no dissent in writing is received from any member to that proposal within one calendar month of the notification having been sent. If any member dissents from the proposed change and nevertheless the Committee wish to pursue the proposed change that change shall be put before any General Meeting of the Group for ratification.
All Standing Orders or Rules shall be consistent with this Constitution.
(e) The Committee shall operate and develop the work and functions of the Group in accordance with the policies of the Group and the Group Statement of Intent on Equal Opportunities as set forth in Schedule 1 to this Constitution provided that such policies are strictly within the Objects and Powers of the Group.
8. Finance
(a) All monies raised by the Group shall be used to further its Objects and for no other purpose PROVIDED THAT nothing in this Constitution shall prevent the payment in good faith of reasonable and proper remuneration to any employee of the Group not being a member of the Committee, or the repayment of reasonable out-of-pocket expenses.
(b) The Treasurer shall keep proper accounts of the finances of the Group.
(c) A banking account or accounts in the name of the Group shall be maintained with such bank, building society or other financial institution as the Committee shall decide. All cheques shall be signed by any one of the 3 authorised signatories.
9. Property
The title to any property which may be acquired by the Group shall be vested in not less than three individuals.
10. Amendments to the Constitution
The Constitution may be amended at the Group's AGM or any EGM by the positive votes of at least two-thirds of the members' nominated LETG representatives present and voting. At least 14 days' notice of any amendment to be considered at the meeting should be sent to members of the Group.
11. Dissolution
The Group may be dissolved at an Annual or Extraordinary General Meeting by the positive votes of at least two-thirds of the members' representatives present and voting PROVIDED THAT at least 28 days' notice of the meeting, stating the business to be dealt with, has been sent to all members. After the satisfaction of any debts, the Group's assets shall be transferred to such organisation or organisations with objects similar to those of the Group as the Group shall determine.
Schedule 1: Statement of Intent on Equal Opportunities
The Legal Education and Training Group adopts the Law Society statement and policy on equal opportunities.
LEGAL EDUCATION & TRAINING GROUP STANDING ORDERS
A. Membership
1. Firm Membership is open to any individual law firm, set of Chambers, in-house legal department or government legal department. The law firm, set of Chambers, in-house legal department or government legal department will be a member of the LETG and will nominate one person to act as its LETG representative. It will pay the standing subscription, giving it the right to one vote which will be exercised by the LETG representative.
A Firm Member (acting through its LETG representative) is entitled to nominate its LETG representative as a Committee Member (provided that such representative does not speand a substantial amount of his or her time supplying training services on a commercial basis, this is subject to the Returning Officer's discretion).
The LETG representative of a Firm Member is entitled to participate in all activities organised by the LETG as follows:
(a) to receive all mailings to members;
(b) to attend training days or any social event (subject to any charge levied and availability of places);
(c) to attend the Annual Conference (subject to any charge levied and availability of places);
(d) to attend and vote at the Annual General Meeting;
(e) upon payment of the appropriate subscription, to appoint Associate Members having the rights set out in paragraph 2.
2. Associate Membership is open to any individual, not being the LETG Representative, who is employed by a Firm Member. An Associate Member is entitled to participate in all activities organised by the LETG as follows:
(a) to receive all mailing to members;
(b) to attend training days or any social event (subject to any charge levied and availability of places);
(c) to attend the Annual Conference (subject to any charge levied and availability of places); and
(d) to attend and vote at the Annual General Meeting.
For the avoidance of doubt, an Associate Member may not nominate any person to be a Committee Member and is not entitled to vote.
3. Group Membership is open to groups of law firms, in-house legal departments, sets of Chambers or government legal departments which have combined to provide training for the members of the group and which have appointed an in-house training professional or Partner or other individual with full-time or part-time responsibility for training. The umbrella organisation for the group will be the member of the LETG and will nominate one person to act as its LETG representative. It will pay one standard subscription giving it the right to one vote which will be exercised by its LETG representative.
A Group Member is entitled to the same benefits as a Firm Member, as detailed in paragraph 1 above.
4. Upon approval of application for membership by the Committee, notice shall be given to the organisation or individual concerned which shall be supplied with a copy of the Group's Constitution. The organisation or individual concerned shall become a member of the Group and shall be entitled to all the benefits and privileges of membership and shall be bound by the Group's Constitution.
5. An organisation applying for membership of the Group shall inform the Committee at the time of application of the name of its nominated LETG representative. Any change in its representative shall be notified to the Secretary of the Committee of the Group within 21 days of the change. All correspondence between the Group and the member shall be addressed to the nominated LETG representative.
6. The Committee of the Group shall ensure that an up-to-date list of all members and nominated LETG representatives is kept.
7. Every member must pay the annual subscription laid down by the Committee of the Group. The annual subscription is due on lst September in each year. If any members shall fail to pay the annual subscription on or before lst October in each year the Treasurer shall send the member a notice of reminder with a request for immediate payment. If the subscription is not paid within 2 months from the date when the reminder notice would have been received in the ordinary course of post, the Committee may remove the member's name from the list of members and that member will be removed from membership and shall forfeit all rights of membership provided always that the Committee may at any time in their absolute discretion restore membership upon the member giving to the Committee a satisfactory explanation and paying all arrears of subscription then due.
8. The Group's membership year shall run from lst September each year. If a membership application is received within 9 months of that date then it will cover the period of that current membership year.
9. Any member may resign membership by giving to the Secretary written notice to this effect. In addition, any person who is a nominated LETG representative of a member shall, on ceasing to be the nominated LETG representative of the member in question, cease to be entitled to attend and vote at meetings of the Group.
10. No member, on ceasing to be member, shall be entitled to be repaid any subscription previously paid or any part of any such subscription.
11. All applications for membership shall be decided by the Group's Committee in accordance with the powers set out in Clause 3 of the Constitution and paragraph 1 above. The Committee shall have the power to expel any member PROVIDED THAT the individual concerned (or an individual representing the organisation concerned, as the case may be) shall have the right to be heard before a decision is taken.
12. The Group's Committee has the right:
(a) To reject an application for membership or to suspend a member or member's representative provided that it is for good and sufficient reason;
(b) To waive or reduce membership fees in case of hardship;
(c) To decide, upon an application for membership, on the category of membership, if any, applicable in each case.
B. Meetings
1. No person other than the nominated LETG representative of a Firm or Group Member shall be entitled to vote at the AGM, any Extraordinary General Meeting or any other meeting of the Group, save in the circumstances set out in Rule 7a of the Constitution.
2. Every notice of a meeting shall specify the place, day and hour of the meeting and the general nature of the business to be transacted. The notice convening an AGM shall specify the meeting as such.
3. The accidental omission to give notice of any meeting to, or the non-receipt of the notice by any person, shall not invalidate the proceedings at any meeting.
4. A meeting shall, despite being called at shorter notice than that specified in Clause 6 of the Group's Constitution, be deemed to have been duly called if it is so agreed by a simple majority of those present and voting at the meeting.
5. The length of notice shall be calculated exclusive of the day on which it is served and day for which it is given.
6. No business shall be transacted at a general meeting unless the quorum specified in Clause 7(a) of the Constitution be present in person at the time when the meeting proceeds to business. If, within half an hour of the time appointed for the meeting a quorum is not present, the meeting, if called on the request of members, shall be dissolved, and in any other case shall stand adjourned to a day to be determined by the Committee. If, at the adjourned meeting, a quorum is not present, the members present shall form a quorum.
7. The Chairman of the Group (or in his/her absence, any other member of the Committee) shall preside at every general meeting. If none of the Committee members is at the time fixed for the opening of the meeting or within five minutes thereafter the members shall choose one of themselves to chair the meeting.
8. At any meeting of the Group, matters put to the vote should be decided on a show of hands unless a poll is demanded by at least 15 members or by the Chairman. If a poll is requested it should be taken in such manner and at such time as the Chairman of the meeting decides.
9. No nominated LETG representative shall exercise more than one vote even though that person may have been chosen to represent more than one interest.
10. In the case of an equality of votes, whether on a show of hands or on a poll, the Chairman of the meeting shall have a second or casting vote except on a vote to confirm the appointment of the Chairman, in which case the Returning Officer shall have a second or casting vote.
11. No motion or amendment shall be discussed unless it was moved and seconded by persons present at the meeting.
12. The day-to-day affairs of the Group shall be managed by the Committee to be elected in accordance with the provisions of the Constitution and these Standing Orders. If a Committee member ceases to be the representative for a member of the Group they shall automatically cease to be a member of the Committee.
13. The Committee shall, in so far as it is possible, determine at the beginning of the Group's year, dates and places for Committee meetings and meetings of members throughout the year.
14. The Agenda for a Committee meeting shall be prepared by the Group's Secretary in consultation with the Chairman. Business shall be dealt with in the order that it appears on the Agenda, save that the Chairman of the meeting may, with its consent, give precedence to such business as is deemed urgent. Committee members wishing to raise new business must notify the Secretary so that it may appear on the Agenda. The Chairman may however, at his/her discretion, permit new business to be proposed without prior notice under "Any Other Business" or may defer such item to the next meeting.
15. Any member of the Committee failing to attend more than 3 consecutive Committee meetings without reasonable cause in the opinion of the Committee shall automatically relinquish their place on the Committee.
16. Three or more members of the Committee may summon a special meeting of the Committee for the purpose of dealing with any matter requiring urgent attention, the consideration of which ought not to be postponed until the next meeting of the Committee.
17. Any casual vacancies should be filled in accordance with Clause 5 of the Constitution.
18. The Committee may continue to act although their number is reduced below 6. The continuing members shall only act for the purpose of filling vacancies and convening a general meeting.
19. The Chairman of the Group shall preside at all meetings of the Committee unless a simple majority of Committee members resolve otherwise, or unless the Chairman is unable to attend, in which case the Secretary will preside. In the absence of the Chairman and Secretary the Treasurer will preside.
20. Voting at Committee meetings shall be by a show of hands unless a poll is requested by at least three Committee members or by the Chairman. All questions shall be decided by a simple majority and the Chairman of the meeting shall be a second or casting vote in the case of equality of votes. No person shall exercise more than one vote.
21. The Secretary shall circulate notices of all Committee meetings not less than 14 days before the date of the meeting, keep accurate records of the transaction of such meetings and circulate minutes of such meetings to all Committee members.
22. A Committee meeting which is called by shorter notice than by that provided for above shall proceed to business if it is so agreed by simple majority of those present.
23. No business shall be transacted at a Committee meeting unless the quorum of 5 is present in person at the time when the meeting proceeds to business. If within half an hour of the time appointed for the meeting, a quorum is not present, the meeting should be adjourned to a date to be determined by the Chairman. If at the adjourned meeting a quorum is not present the members present shall form a quorum.
24. Sub-committees may be appointed as provided for in Clause 5 of the Constitution and terms of reference, powers, duration and composition of such sub-committees shall be determined by the Committee of the Group. Persons not nominated LETG representatives shall never exceed one-third of the total membership of any sub-committee.
25. The Chairman of any sub-committee shall be determined by the Committee. The Committee may, however, permit such sub-committees to appoint secretaries to service them who need not be the Secretary to the Committee, but in all cases Minutes of those sub-committees shall be made available to the Secretary of the Committee within 28 days of any meeting of any such sub-committee and the records and papers of all such sub-committees shall be the property of the Committee.
26. A resolution in writing, signed by all the members of the Committee, shall be as valid and effective as if it had been passed at a meeting of the Committee duly convened and held.
C. Nominations and elections
1. The Committee of the Group shall consist of 10 elected nominated LETG representatives of members of whom 3 shall be nominated LETG representatives of provincial members. The definition of provincial is any member who is physically based outside Greater London or whose nominated LETG representative is based outside Greater London. In the case of any dispute as to whether a member is a provincial member, that dispute will be resolved by the Chairman and Secretary of the Group.
2. The Committee of the Group shall appoint a Returning Officer who shall be an outgoing member of the Committee or a former member of the Committee.
3. Nominations for members of the Committee shall be made by nominated LETG representatives wishing to nominate themselves in writing and must be in the hands of the Returning Officer at least eight weeks before the Annual General Meeting. The Returning Officer may in his/her absolute discretion accept late nominations.
4. The Returning Officer shall be responsible for preparing a voting paper for such number of vacancies as there may be and sending one copy to each nominated LETG representative. Each voting paper will be numbered by the Returning Officer before it is sent out. Each nominated LETG representative may vote on one voting paper only. The voting paper must be signed by the nominated LETG representative and the name of the member, law firm, set of Chambers or in-house legal department or group of these must be written on the voting paper.
5. The Returning Officer shall set a date and time by which voting papers shall be returned, not less than 28 days from the date when the papers are sent out. Voting by fax will not be allowed. Any voting papers received by the Returning Officer after the time and date specified on the voting paper will be disregarded.
6. In the event of only the number of nominations necessary to fill vacancies, those nominated will automatically be elected as members of the Committee without a ballot.
7. The Returning Officer will count the ballot papers and notify the results first to the existing Committee members and to the newly elected Committee members by whatever means the Returning Officer decides is more appropriate. The number of votes passed for any representative shall not be published to the membership except that any representative who has stood for election shall be entitled to know the number of votes cast for each representative who stood for election including him/herself, if a request in writing is made to the Returning Officer within 14 days of the dates specified on the voting paper for voting papers to be returned.
8. The Returning Officer may delegate to another Committee member or to any person employed by the Group any of the tasks set out in the Standing Orders after consultation with the Chairman.
9. The Returning Officer will convene a meeting of the Committee to be held prior to the Annual General Meeting of the Group to select the Chairman. The Returning Officer may specify such procedure as he or she thinks fit including by written ballot.
10. The Committee's appointment of Chairman will be subject to confirmation at the Annual General Meeting of the Group. Notice will be given to members in accordance with subclause 6(b) of the Constitution.
D. Accounts
1. The Treasurer of the Group shall keep true accounts of all sums of monies received and expended by the Group and of the matters in respect of which such receipts and such expenditure take place, and of the properties, credit and liabilities of the Group.
2. The Treasurer shall cause the accounts to be made up once each year and submit them to the auditor appointed by the Committee together with all vouchers and receipts and any other information required by them. A copy of the audited accounts should be sent to each member of the Group together with his/her notice of the Annual General Meeting. The audited accounts shall be submitted to the membership at the Annual General Meeting.
3. A banking account or accounts in the name of the Group shall be maintained.
4. The books of account should be kept by the Treasurer and should be available for inspection by members by prior notice of at least 28 days to the Treasurer, and at a time and place convenient to the Treasurer.
5. Any cheque made payable to a signatory in person or to his/her firm shall be signed by one other of the authorised signatories.
E.Notices
1. Any notice may be served on a member of the Group by the Secretary by sending it through the post in a prepaid letter addressed to the member or, in the case of an organisation, its nominated LETG representative at the address notified to the Secretary of the Group by the member, or through the document exchange system (DX) or by Facsimile (FAX).
2. Any notice served by post or document exchange (DX) shall be deemed to have been received within 2 days following that on which it was sent.
F. Alteration of standing orders
These Standing Orders may be amended by the Committee of the Group, provided that at least 8 members of the Committee vote for such a change. The alteration shall then be notified to the members of the Group within 14 days of the Committee meeting at which the decision was taken to alter the Standing Orders, and will take effect in accordance with Clause 7(d) of the Constitution.
G. Term of office
This Standing Order shall have effect for the first election of the Committee following its adoption and any subsequent election where more than one-third of Committee members are newly elected.
1. Following the election of the Committee, the Returning Officer will identify Committee members eligible to serve for three years pursuant to subclause 5(e) (as amended) of the Constitution and if their number exceeds three, will conduct a ballot to select two London members and one provincial member to serve a three year term.
2. The Returning Officer will identify Committee members eligible to serve for two years in accordance with Clause 5(e) (as amended) of the Constitution and if their number exceeds three, will conduct a ballot to select two London members and one provincial member to serve for two years.
3. The remaining members will serve on the Committee for one year but shall be eligible to stand for re-election, subject to Clause 5(e) (as amended) of the Constitution.