Rules of TECBAR
Membership
As approved and adopted by the Association at its first meeting on 16th February 1983 and amended at the Annual General Meetings on 7th February 1986, 10th June 1988, and 20th November 1990, the Extraordinary General Meeting on 25th June 1992, and the Annual General Meetings on 19th December 1994, 11th November 1998, 8th November 2001, 2nd November 2004, 28 June 2007, 16 July 2009, 13 July 2011, 19 July 2012, 21 July 2016, 20 July 2017 and 18 July 2019.
- The name of the Association shall be TECBAR (The Technology and Construction Bar Association).
- The objects of the Association shall be:
- to advance the interests of the Users of the Technology and Construction Court and in particular:
- to receive and formulate the views and suggestions of its members;
- to represent those views and suggestions to the Lord Chancellor’s Department, the Supreme Court Rules Committee, the Technology and Construction Court Users Committee, the Bar Council and other bodies concerned with litigation in the Technology and Construction Court;
- to protect and promote the efficiency and standing of the Technology and Construction Court;
- to promote the reform of law and procedure in particular that associated with arbitration and alternative dispute resolution;
- to promote good relations with other professional bodies or associations both within the United Kingdom and abroad;
- to promote ways of reducing the length and cost of disputes;
- to represent the interests of its members and to accredit and/or nominate suitably qualified members as arbitrators or adjudicators or mediators;
- to provide continuing education for barristers who practice in the Technology and Construction Court.
- to promote equality and diversity amongst its membership.
- to advance the interests of the Users of the Technology and Construction Court and in particular:
- Membership of the Association shall be open:
- to any practising barrister, whether employed or self-employed, who is regulated by the Bar Council and the BSB and who pays subscription fees to the General Council of the Bar of England and Wales,
- who regularly practises, or intends to practise, in the Technology and Construction Court, or
- who regularly carries out, or intends to carry out, the like work in other courts or before arbitral or other tribunals, or
- whose professional work is wholly or mainly advisory in fields with which the Technology and Construction Court deals.
- to any person (whether resident in England and Wales or in a jurisdiction other than England and Wales) who is not (or is no longer) eligible for ordinary membership of TECBAR and who is nominated by two current members of the TECBAR Committee and whom the TECBAR Committee elects to become an honorary member.
- to any practising barrister, whether employed or self-employed, who is regulated by the Bar Council and the BSB and who pays subscription fees to the General Council of the Bar of England and Wales,
Officers and Committee
- The Association may in a general meeting elect a president.
- The Association shall have the following executive officers (ranking in the following order of seniority): Chairman Vice-Chairman Treasurer Secretary
- The Association shall have a Committee comprising:
- the executive officers
- the Association’s Bar Council representative
- 9 elected members
- further members co-opted by the Committee as provided by the following rule.
- The committee shall have power to co-opt:
- to fill casual vacancies amongst elected members;
- 6 further members practising from London Chambers during any year;
- 2 further members practising from provincial Chambers during any year.
- Of the elected members of the Committee, at least 5 shall be juniors at the date of their election, of whom at least 3 shall be under 7 years call at the date of their election.
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- The duration of offices and Committee membership shall be as follows:-
President – until the Association otherwise determines in general meeting;
Executive officers – 2 years;
Bar Council representative – such period if any as is fixed from time to time by the Constitution of the General Council of the Bar and, if no period is fixed, 2 years;
Elected Committee members – 2 years;
Co-opted Committee members – until the Annual General Meeting following their co-option. - The Chairman shall not be eligible for re-election as Chairman at the expiration of his or her 2 year term. Other Officers and Elected Members shall be eligible for re-election. Co-opted members shall be eligible for re-co-option.
- The duration of offices and Committee membership shall be as follows:-
- The Chairman shall act on behalf of the Association and shall take into consideration the views of the Committee.
- The Committee shall formulate the policy of the Association subject to the resolutions of the Association in general meeting and shall advise and assist the Chairman.
11A. Upon the recommendation of the Dispute Resolution sub-committee, the Chairman of TECBAR may suspend or remove a member of TECBAR from the Dispute Resolution Lists if he brings the reputation of TECBAR into disrepute
Procedure for elections and Annual General Meeting
- In each year, at a Committee meeting held within 3 months of the preceding AGM, the Committee shall resolve a convenient/appropriate date during the following July for the next AGM. In each year at a Committee meeting held prior to 15th April, the Committee shall resolve a convenient/appropriate timetable for the nomination of candidates for election to serve as required as Officers, Committee members and/or representative to the Bar Council from the date of the forthcoming AGM, for the holding of whatever elections may be required prior to the date of the forthcoming AGM and for the submission of resolutions for the forthcoming AGM. As soon as may be practicable thereafter the Secretary shall cause to be sent to every member of the Association:
- an invitation to nominate candidates for election as Officers and members of the Committee by such date as the Committee shall have resolved being a date not less than 10 days after the invitations shall have been despatched by the Secretary;
- in years when the Association has to elect a representative to the Bar Council, an invitation to nominate a candidate to that post by the same date as that provided for pursuant to (a) above;
- notice of the date, time and place of the AGM;
- an invitation to submit resolutions for the AGM, including information about the date by which such are to be received.
- Nominations shall close on, and resolutions to be placed on the agenda for the AGM shall be received by, such date as the Committee may in any particular year have resolved.
- In every year in which more than one nomination is received for election as a particular executive officer or as the Association’s Bar Council representative and/or in which more nominations have been received for election to the Committee than vacancies exist the Returning Officer will generally be the Chairman. In the event that (for whatever reason) the Chairman considers it would be inappropriate or impractical for him/her to be the Returning Officer he/she will appoint some other member of the Bar of appropriate seniority (who may or may not be a member of the Association) to be the Returning Officer for that election.
- The basic rules/procedures to be followed for the election are those stated in the Annex to these Rules. Subject thereto and subject also to Rule 16 below the Returning Officer shall have authority to direct all matters relating to the elections.
- When an election is held for a Bar Council representative, the Returning Officer shall set in place such procedures as he sees fit to ensure that persons voting in the election for that position:
- are subscribers to the Bar Council;
- do not vote that year in any election by another specialist Association for a representative on the Bar Council under Regulation 2(b)(vi) of the Constitution of the General Council of the Bar.
- By such date as the Committee shall have resolved being a date not less than 10 days before that fixed for the next AGM the Secretary shall cause to be sent to every member of the Association:
- a ballot paper in respect of every elected position for which more nominations have been received than vacancies exist;
- general details about the conduct of voting, including information about the address to which, and the date by which, ballot papers are to be returned;
- an agenda for the Annual General Meeting.
- Voting shall close on such date as the Committee may in any particular year have resolved.
- Number not used.
- In every year in which an election is held as soon as may be practicable after the votes have been counted the Returning Officer:
- shall announce the result of the election to the candidates and to such other persons as he deems fit;
- shall report to the Chief Executive of the Bar Council the identity of the person elected as Bar Council Representative in every year in which the Association elects a person to that post.
General Meetings
- In every calendar year an Annual General Meeting shall be held on such date as the Committee determine in July (see also Rule 12 above).
- The Chairman may call General Meetings at any other time if he sees fit.
- The Chairman shall call a General Meeting to consider a particular item of business if requested in writing to do so by not less than 10 members of the Association.
- No General Meeting shall take place unless 14 days notice has been given to members of its date, time and place and of resolutions to be considered at it.
- All General Meetings shall be presided over by the Chairman, or, in his absence, the next most senior executive officer present.
- The quorum at General Meetings shall be 10 members of the Association.
- The Person presiding at a General Meeting may in his discretion,
- allow amendments to be moved to resolutions on the agenda;
- allow business which is connected with items on the agenda to be considered;
- allow emergency resolutions to be debated.
- All business at General Meetings shall be decided by a simple majority.
- The Rules of the Association may be altered by a resolution passed by a simple majority of the members present and voting at any General Meeting.
- The person presiding at a General Meeting shall be entitled to a casting vote.
Finance
- Each member of the Association shall pay an annual subscription of such sum as may be determined by the Committee of the Association from time to time and shall be given notice in writing of any change in the subscription rate not less than 8 weeks in advance of the date on which the change is to take effect.
- Members’ subscriptions shall be paid on or before 5th April in each year.
- Any member whose subscription is more than one month in arrear shall automatically cease to be a member, but shall be reinstated forthwith on payment.
- The Treasurer shall be responsible to the Association’s funds and shall:
- keep proper accounts;
- open a bank account or accounts in the name of the Association and keep the Association’s funds therein;
- prepare annual accounts to lay before the Association in general meeting;
- if requested by the Chairman, or by the Association in general meeting, submit the said accounts, with any books vouchers or other documents relating thereto, for audit or inspection by the Chairman or a person appointed by the Chairman or the general meeting, as the case may be.
- The funds of the Association shall be expended on the promotion of the objects of the Association and expenses fairly and properly relating thereto.
- If the Chairman for the time being of TECBAR is authorised by the Committee to enter into and does enter into a contract on behalf of TECBAR in his or her own name then that Chairman is entitled to be indemnified by TECBAR from its funds against any claims (whether the claim is made during his or her period of office or thereafter) and any costs arising out of or in connection with that contract.
Transitional provision
- Rule 9(a) shall apply to the election of officers with effect from 1999 but for the purpose of deciding in that and subsequent years when an election to any office is required account shall be taken of any period before 1999 in which an officer has held the same office.
- The Committee may co-opt 3 additional Committee members to serve before the first occasion on which there is an election to bring the number of elected Committee members up to 9.
- Notwithstanding anything contained in Rule 9(a) the executive officers and Bar Council representative who assumed office in November 2003 shall continue in office until the July 2007 AGM, and committee members elected in November 2004 shall serve only until the July 2007 AGM.
- The Committee may, prior to the collection of annual subscriptions in the year 2008, determine that an additional subscription shall be paid by each member of the Association, collection of which will be made not earlier than 8 weeks after written notice of it is given to the members of the Association
The Annex
A: The Returning Officer
- As provide by Rule 14, the Returning Officer will generally be the Chairman. In the event that (for whatever reason) the Chairman considers it would be inappropriate or impractical for him/her to be the Returning Officer he/she will appoint some other member of the Bar of appropriate seniority (who may or may not be a member of the Association) to be Returning Officer for that election.
- The Returning Officer may appoint others (whether members of the Association or not) to assist him/her in preparation of the ballot papers (including accompanying materials) and in their distribution but he/she must personally receive/consider/count the return ballot papers and certify the result.
- No person who has proposed or seconded any of the candidates shall act as the Returning Officer.
B: Voting system
- Officers
- If two candidates have been nominated, the candidate who received the majority of the votes cast shall be declared the winner.
- If more than two candidates have been nominated the election shall be conducted on the basis of a single transferable vote. Any candidate who received more than 50% of the first preference votes cast shall be declared the winner. If no candidate obtains such an overall majority of the first preference votes, the votes of the least supported candidate shall be redistributed (in accordance with the expressed alternative preferences of the voters) and it shall be ascertained whether any of the remaining candidates has obtained an overall majority. If so, that candidate shall be declared the winner; if not, that same process shall be repeated as often as may be necessary until a candidate obtains an overall majority and is then declared the winner.
- The CommitteeVoters shall be invited to vote in favour of individual candidates. The number of votes cast to be no more than the number of vacancies being contested. The candidates receiving the greatest number of votes shall be declared the winners.
C: Voting procedures
- The ballot papers shall list candidates in order of seniority (calculated by reference to the date of taking silk or call to the Bar) and shall show the names of the proposers and of any seconders of each candidate. The ballot paper shall show on its face the address.
- The ballot papers shall be accompanied by personal statements of no more than 200 words prepared by each candidate or where no statement has been submitted in time by a candidate to the Returning Officer, by a formal statement that no personal statement has been received from that candidate.
- The preferred method of voting, which shall be either (a) or (b) as follows, shall be determined by the Returning Officer. (a) If by post then the ballot papers shall be accompanied by envelopes addressed to the Returning Officer with some distinctive marking to indicate that they contain ballot papers. (b) If by email or other electronic method, then the ballot papers shall be accompanied by details of the electronic address which the Returning Officer selects for receipt of the ballot papers. Irrespective of the method of voting selected the members of the Association will be invited to return the ballot papers by the date/time stipulated by the Returning Officer in the envelope provided so that they may remain unopened until the ballot has closed, or to the electronic address stipulated.
- Irrespective of the preferred method of voting determined by the Returning Officer, members of the Association who, for whatever reason find it impracticable or inconvenient to vote in that way, may communicate their votes by fax copy of the ballot or by a personal e-mail to the Returning Officer or by electronic communication. The ballot papers will identify all relevant details so as to facilitate this.
- The Returning Officer shall personally open the returned envelopes purporting to contain ballot papers after the ballot has closed. He/she will take such steps as he/she thinks necessary to satisfy himself/herself that the said ballot papers and any faxes or e-mails received constitute legitimate votes before proceeding to consider what votes have been cast and counting the same. When declaring the result the Returning Officer shall state the number of ballots returned, the number accepted as legitimate (giving brief reasons why any were not so accepted) and whether any of the legitimate ballots constituted (wholly or in part) a spoilt or otherwise invalid voting paper (again giving brief reasons why that should be so).
- The ballot papers are confidential. Unless otherwise ordered by the High Court, the Returning Officer is not to disclose the identity of those voting or in the manner in which any member of the Association cast his/her vote. Returned ballot papers, faxed copies of ballot papers and hard copies of e-mail votes shall be retained by the Returning Officer for 28 days after the results have been declared or, if a challenge to the result has been notified within that period, they shall be retained until the matter is resolved or the High Court otherwise orders.