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©2018 Veterans’ and People’s Party

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Veterans’ and People’s Party (VAPP)

The Constitution

This document is the Constitution of the Veterans’ and People’s Party

and is hereunder referred to as “the Party Constitution”

Date Creator Checked Comment

1 5th

September 2017 R Burke C Evans/J Gillingham Issue for review

2 13th

October 2017 R Burke C Evans/J Gillingham/ E Ellis Issue for Proofreading

3 17th

October 2017 R Burke J Hillman/A Conyers/DMcAndrew Issued for 2nd

Proofread

4 23rd

October 2017 R Burke C Evans/J Hillman 3rd

Proofreading & Amendments

5 3rd

December 2017 R Burke J Hillman/J Gillingham EC Due Diligence

6 21st

May 2018 R Burke J Gillingham/Wendy Watkins Name Change


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INDEX PAGE

VETERANS’ AND PEOPLE’S PARTY - THE CONSTITUTION 1

INDEX 2

PART I - INTERPRETATION 3

PART 2 - NAME AND OBJECTIVES OF THE PARTY 4

PART 3 - ACTIVITIES OF THE PARTY 6

PART 4 – ORGANISATION 7

PART 5 - PARTY MEMBERSHIP 8

PART 6 - PARTY ORGANISATION AND PARTY CONFERENCE 11

PART 7 – GENERAL MEETING 12

PART 8 - BUSINESS MEETING 13

PART 9 – THE BOARD 14

PART 10 - POWERS OF THE BOARD 15

PART 11 - COMPOSITION OF BOARD 16

PART 12 - THE PARTY LEADER 23

PART 13 - THE PARTY CHAIRMAN 25

PART 14 - SEPARATION OF OFFICE 26

PART 15 - STANDING AND TEMPORARY COMMITTEES 27

PART 16 - DISCIPLINE 28

PART 17 - CANDIDATES 31

PART 18 - THE CONSTITUTION: APPROVAL AND AMENDMENT 34

PART 19 - PARTY RULE BOOK 35

PART 20 – DISSOLUTION OF THE COMPANY/PARTY 36


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PART I - INTERPRETATION

Abbreviations and Explanations:

PPERA - Political Parties, Elections and Referendum Acts 2000

GM - General Meeting

NSGM - Non-Scheduled General Meeting


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PART 2 - NAME AND OBJECTIVES OF THE PARTY

Who are the Veterans’ and People’s Party (VAPP)?

The Veterans’ and People’s Party (the Party) exists to build and safeguard a free and open society in

which we seek to balance the fundamental values of liberty, equality and community, and in which

no one should be enslaved by poverty, ignorance or conformity. We champion the freedom, dignity

and well being of individuals, we acknowledge and respect their right to freedom of conscience and

their right to develop their talents to the full.

We aim to work in partnership with the British public, disperse power, to foster diversity and nurture

creativity. We believe the role of the State is to enable all citizens to retain these ideals, to

contribute fully to their communities, and play an active role in the decisions affecting their lives,

including and not limited to contributing to and suggesting changes to political policy and issues

facing the country.

To that end we will listen to the public, consult them on policy and their concerns, speak for them

and seek change where there are issues of injustice, challenging where necessary political tradition,

intransigence, short-termism and elitism.

2.1 Name of the Party

2.1.1 The Veterans’ and People’s Party exists as a Political Party registered

with the UK Electoral Commission under the PPERA. The Party bears the Electoral

Commission Registration Number TBC. The registered name of the Party under the

PPERA shall be the Veterans’ and People’s Party (VAPP) (hereinafter referred to

as “the Party”).

2.1.2 This document refers to Chairman and Vice Chairman; for the

avoidance of doubt this reference is not gender specific and the Chairman and Vice

Chairman may be either gender.

2.1.3 The Party may also use such other names as may be registered occasionally

with the Electoral Commission and may also use informally such other names as may

occasionally be appropriate.

2.1.4 The Party exists as a Private Company Limited by Guarantee with no share capital

registered with Companies House (Company Number: 10952874) in accordance with

the Companies Act 2006 for transparency of funds generated by subscriptions,

merchandise sales and donations.


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2.1.5 Elected members shall serve as directors of the company from the date upon which

they are declared elected in accordance with this Constitution and the Rules until

the date upon which their successor is elected. Prior to selection of directors from

elected members, the Chairman, the Party Founder and the Nominating Officer shall

work for the Party as directors of the Party.

2.2 Objectives of the Party

2.2.1 The Party believes that the United Kingdom of Great Britain and Northern Ireland

(hereinafter “the United Kingdom” ) should be governed by the Queen, her

successors according to law, her elected members (MP’s, MSP’s, MLA’s, AM’s and

Councillors), and her own citizens, and that its’ governance shall at all times be

conducted first and foremost in the interests of the United Kingdom and its’

people and that the only laws applicable within the jurisdiction of the United

Kingdom are those wholly made by the Parliament of the United Kingdom. To that

end it shall be the policy of the Party that the United Kingdom shall cease to be a

member of the European Union forthwith and shall not make any treaty or join any

international organisation which involves in any way the surrender of any part of the

United Kingdom’s sovereignty. The Party further believes that the integrity of the

United Kingdom of Great Britain and Northern Ireland should be maintained.

2.2.2 In pursuit of these objectives the Party will, at all times, adhere to the principle of

full

equality before the law. The Party shall conduct itself and its’ affairs in such a way

that

it does not discriminate against or in favour of any person on the grounds of their

race,

religion, ethnic origin, education, beliefs, sexual orientation, class, social status,

sectarianism or any other basis prescribed by law.

2.2.3 Furthermore, the Party shall, at all times, adhere to the principles of the rule of law,

Liberty and democracy, and provide respect for the human rights and the essential,

traditional freedoms of the people of the United Kingdom and those under the

protection of the United Kingdom.

2.2.4 The Party is a democratic, libertarian Party and will adopt policies which:

a) promote and encourage those who seek to improve their personal situation

and those who seek to be self-reliant, whilst providing protection for those genuinely in need;

b) support the ability of individuals to make decisions in respect of themselves;

c) seek to moderate the role of the State;

d) lower the liability of taxation on individuals and businesses;

e) ensure proper and fair control over the United Kingdom’s borders;

f) strengthen and guarantee the essential, traditional freedoms and rights of


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all people within the United Kingdom.


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PART 3 - ACTIVITIES OF THE PARTY

Activities

3.1 In furtherance of these objectives the Party may undertake the following activities:

a) the development of a full range of policies for domestic and foreign

affairs and/or;

b) participation in all democratic electoral processes that take place within the

United Kingdom or in such other places where it is lawful for the Party to

stand for election, subject always to the proper use of resources belonging

to the Party.

b) the Party may stand in all levels of elections to public office from elections

to

the European Parliament (whilst the UK remains a member of the European

Union) down to Parish, Council level, including Mayoral elections.

3.2 In addition the Party may participate and campaign in any referendum, including but

not limited to national, regional or local referendums.

3.3 The Party shall take up any seat to which it wins election regardless of any policy of

the Party which espouses the abolition of such seat or election, subject always to the

right of the Party Leader and the Board jointly to decide otherwise.

3.4 In the furtherance of its’ objectives, the Party may:

a) raise funds and invite and receive contributions from any legal or natural

person whatsoever in such manner and to the extent and limits established

by law, including but not limited to loans, subscriptions, donations, provision

of work or materials in kind as agreed by the Board;

b) publish, with or without charge, any document it sees fit in any format;

c) employ and pay people to manage, supervise, organise and carry out the

Party's aims, administer the Party and meet the Party’s obligations under

the law and any other legitimate means to promote the Party;

d) purchase, lease or rent such real or personal property deemed necessary to

carry out the Party's objectives and to conduct the Party’s administration;

e) invest any monies of the Party not immediately required, in accordance with

the Trustee Act of 1925;

f) enter into contracts for the supply of goods, employment and services;

g) undertake any or all lawful activities under the Companies Acts.


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PART 4 - ORGANISATION

4.1 The Board may create, suspend or disband branches or other means of organisation

as may from time to time be required. Such constituency associations, branches or

organisations may only be established with the written authority of the Board, which

may delegate such authority to the Party Chairman.

4.2 Employment

4.2.1 All persons employed by the Party hereof, or who are employed by any person

elected to any public body as a Veterans’ and People’s Party candidate at the

time of the coming into force of this Constitution, shall certify that they are willing to

conform with the Rules of the Party hereunder shown in Article 5.2.

4.2.2 It shall be a condition of employment that no person so employed may be a person

who has been excluded from membership of the Party by virtue of Rules or excluded

from any social media pages related in any way to the Party. Such a condition shall

expressly form part of their contract of employment. All such employees shall,

before taking up employment, acknowledge in writing that they agree to be bound

by the terms of this Constitution that relate to such employment. This requirement

shall only apply to those who commence employment on the date of or after the

coming into force of this Constitution.

4.2.3 For the avoidance of doubt, the purpose of the restrictions against employment of

persons who have been excluded from membership by virtue of Rules herein is to

prevent the reputational damage of the Party in any way whatsoever by such

persons infiltrating the Party and being associated in any way with the Party.

Nothing, however, in this Constitution shall prevent such persons supporting or

making donations to the Party.


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PART 5 - PARTY MEMBERSHIP

5. Eligibility

5.1 Membership of the Party shall be open to any natural person who shares the

objectives and core beliefs of the Party and who agrees to abide by this Constitution

and any Rules which may from time to time be made by the Party and who have not

been excluded from membership by virtue of Rules made under Article 5.2.

5.2 Good Standing

5.2.1 Members are considered to be in "good standing" if at any given moment:

a) their subscriptions are up to date;

b) and they are not subject to any suspension or exclusion by the Party either

from elected office, social media, or from standing as a candidate of any sort

in any election; and

c) they are not subject to any form of suspension or restriction as to their

membership of the Party or from the any social media pages related to

V&PP.

Members who are in “good standing” shall receive a membership card and the

Party's

newsletter either by post or electronic mail. They shall be entitled to vote in all

relevant internal Party elections or ballots, with the provision that no new member

shall be entitled to vote in any such election until 28 days have elapsed from the

commencement of his/her membership.

5.3 Exclusion

5.3.1 Notwithstanding anything in Article 5.2 of this Constitution, the Board may from

time

to time make Rules of Procedure concerning the refusal of or exclusion from

membership of persons or classes of persons whose admittance to membership of

the Party would, in its’ opinion, be damaging to the Party’s interests.

5.3.2 The Party Chairman (or, in their absence their Vice Chairman) shall, without

reservation or qualification, be entitled, subject to the approval of the Board, to

refuse to admit any person to membership. Where it is deemed appropriate, factual

explanation will be given for any such refusal.

5.3.3 Any person applying for or renewing membership of the Party shall, at the time of


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applying for or renewing that membership, certify that he is not a person

disqualified from membership under Article 5.2 above. Renewal of membership may

be treated by the Party as if it was an application for membership for the first time.

5.3.3.1 The Party Chairman (or, in their absence, their designated deputy) shall, without

reservation or qualification, be entitled, subject to the approval of the Board, to

refuse to renew the membership of any person and may exercise this power without

giving reasons for the same, if he/she deems it appropriate so to do.

5.3.4 Any person to whom membership is refused under Article 5.2 may appeal against

that

decision within 28 days of notification thereof being sent to them. Such an appeal

shall be heard within a reasonable time by a panel composed either of the Party

Secretary and two elected members of the Board or, at the discretion of the Party

Secretary, by the Party Secretary and two persons independent of the Party;

provided, in the case of an application to renew membership, that such right of

appeal shall only extend to those who were members in “good standing” at the

time of the application for membership or renewal of membership as the case may

be.

5.3.5 The appeal panel shall give an opportunity to both the Party Chairman (or in their

absence their designated deputy) and the appealing person to be heard. The Appeal

panel, in its’ discretion, may at the conclusion of the appeal publish the reasons for

its’ decision, but is not bound to do so.

5.3.6 The Board or Sub Committee of the Board may

a) at its’ discretion, review the powers, purposes, composition and usefulness

of any Regional Committee, and vary or amend or disband in entirety the

power they hold;

b) resolve any problems arising on any Regional Committee which cannot be

resolved internally, if previously referred to the Board or not;

c) upon any disbandment of any regional committee, the financial reserves or

any other assets shall be transferred to the Party via the Party Treasurer;

d) ensure any meetings held by regional committees are held in accordance

with the Party orders for conduct of internal Party meetings.


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5.4 Revocation of Membership

5.4.1 If, after becoming a member of the Party, a person;

a) joins another political party or organisation (whether registered with the

Electoral Commission or not) or any organisation membership of which

the Board has declared to be incompatible with membership of the Party; or

b) without the authority of the Board, sets up or has set up or has aided and

abetted the setting up of another political party, whether registered with

the Electoral Commission or not; or

c) is later found already to be a member of another political party or

organisation membership of which the Board has declared to be

incompatible with membership of the Party; or

d) stands against a VAPP candidate in any election; or

e) is found to be a person who has been expelled from the Party

The Chairman shall revoke their membership forthwith. Any person whose

membership is revoked under this Article may appeal against that decision within 28

days of notification thereof being sent to them. Such an appeal shall then be heard

within a reasonable time by a panel composed either of the Party Secretary and two

elected members of the Board or, at the discretion of the Party Secretary, by the

Party Secretary and two persons independent of the Party.


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Exceptions

5.4.2 The Board may from time to time make such rules as it deems appropriate

concerning

the employment by the Party and/or those elected to public office of persons falling

within the ambit of Article 5.2 above. This contractual employment must only be

selected if no alternate method of assistance can be sourced.

5.4.3 Upon being employed, all employees must sign a certificate that they are not a

person

who falls within the ambit of Article 5.2 above.

Subscriptions and terms of membership

5.5.1 The Board shall from time to time set such annual subscription fees as it deems

appropriate and may define and set differential subscriptions for different

categories of membership as it may from time to time deem appropriate.

5.5.2 By entering into membership the member agrees that at all times he/she will abide

by the terms of this Constitution and the Rules of the Party. Any member who is in

breach of this Constitution or the Rules made thereunder may be subject to the

disciplinary procedures set out in the VAPP Disciplinary Document, VAPP Party

Rules and any Rules of the Party made under this Constitution.

5.5.3 Members of the Party are deemed by their entry into membership to agree not

to commit or omit to do any act (as the case may be), the commission or omission of

which either:

a) brings the Party into disrepute; or

b) is intended to damage the Party’s interests; or

c) damages the Party’s interests; or

d) breaches any other disciplinary rule which the Board may from time to time

deem appropriate to make.

5.5.4 Any member whose annual subscription has not been received by the Party within

30 days of the end of the month in which their membership subscription

expired shall be regarded as having resigned their membership.

5.5.5 The Board may from time to time as it deems appropriate make rules concerning

affiliation to the Party by other organisations. Such affiliated bodies shall not enjoy

any voting rights under the Constitution.


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PART 6 - PARTY ORGANISATION AND PARTY CONFERENCE

6.1 The Board may from time to time make rules concerning the organisation of such

Party structures which are not provided for in this Constitution.

6.2 The Annual Conference shall be open to Party members in “good standing”,

associate

members and guests. Its’ business shall include the consideration of motions on

Party policy and strategy, in accordance with the Rules of Procedure and as

registered in the Quality Management System.

6.3 Motions carried shall only have advisory force and will be listed for discussion by

the Board within 6 months of the motion having been carried.

6.4 The Board may also summon other special conferences or NSGMs for specific

purposes, which will be open to all Party members in “good standing” .

The Board may from time to time make rules for the convening of and the

procedures for the conduct of such conferences.


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PART 7 - GENERAL MEETING

7.1 The Party Secretary shall call a General Meeting (GM), giving members a minimum

of

28 days’ notice, if requested to do so by application in writing from at least twenty

per cent (20%) of the Party’s duly registered and constituted constituency

associations or branches.

7.2 Each such application shall include a written statement, signed by the respective

branch or constituency association chairman as the case may be, certifying that the

application was supported by a majority of members attending a properly convened

Non Scheduled General Meeting of the constituency association or branch.

7.2.1 Each such application shall set out the business to be dealt with at the NSGM and

the

agenda of any such NSGM shall be restricted to that business and to matters arising.

7.2.2 Each such application shall further be accompanied by payments to VAPP Head

Office account for such sum as shall be determined by the Board from time to time,

drawn against the constituency association or branch bank account, as a

contribution towards the cost of the meeting.

7.2.3 For the purposes of this Article, "constituency association" and "branch" shall bear

the meaning ascribed to them under the Rules of the Party.

7.3 For the purposes of Article 7.1, a constituency association or branch is deemed to be

duly registered only if it has been registered by the Party HQ (following approval by

the Board) for not less than six months before the date of application.

7.4 Upon receipt of a valid application or petition under Article 7.2 hereof, the Party

Secretary shall call a Non Scheduled General Meeting of the Party to be held within

three months of such receipt.


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PART 8 - BUSINESS MEETING

8.1 The Party shall hold both a Business Meeting and a full Party Conference annually at

such place and at such date and time as the Board may determine. Only Party

members in “good standing” may vote at the Business Meeting and at the Annual

Conference. Members shall produce a valid membership card in order to participate

and vote in the Party Conference and Business Meeting.

8.2 The Business Meeting will be open only to Party members in "good standing”.

Its’ business shall be:

a) to receive reports from the Party’s leaders and officers; and

b) to receive and note the Party's accounts hereof as required under company

law.

8.3 All motions at the Business Meeting may be passed by a simple majority of those

voting.


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PART 9 – THE BOARD

9.1 There shall be established a committee known as the Board which shall function as

the principal management and administrative authority of the Party, in particular for

the purposes of company law.


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PART 10 - POWERS OF THE BOARD

10.1 The duties, powers and responsibilities of the Board shall include (but are not

limited

to):

a) ensuring that the Party works towards the achievement of the objectives set

out in Article 2 above in an efficient and judicious manner;

b) managing the Party's funds, structure and employees;

b) advising the Party Leader on political matters;

d) approving the Party's policies and manifestos;

e) ensuring that the Constitution of the Party is in accordance with the laws of

the United Kingdom;

f) managing and conducting the Party’s disciplinary procedures;

g) making or amending from time to time such Rules of Procedure as it deems

appropriate for the efficient conduct and administration of the Party and for

the discharge of its’ responsibilities under this Article and under company

law for the efficient running of the Party and the attainment of its’

objectives.

10.2 Within the Party, there may be roles which receive remuneration for the work

carried out for the Party. These roles when voted upon by the Board, will be listed

below and may be added to, as and when the Board see fit.

10.3 Remuneration is subject to Party funds being available and are in no way to be

treated as a permanent income unless a contract of employment is drawn up and

agreed by the Board contrary to the aforementioned statement.

10.4 All changes to the remuneration of the paid Party posts shall be discussed by all

Board members and voted upon before a change can be implemented.


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PART 11 - COMPOSITION OF BOARD

11.1 The Board shall normally be composed of the following voting members:

a) There will be 15 members elected to the Board;

b) The Party Leader (who may be an elected member);

c) The Party Chairman (who may be an elected member);

d) The Nominating Officer;

e) The Campaign Officer;

f) The Compliance Officer;

g) The Vice Chairman;

h) The Party Treasurer;

j) The Party Secretary;

k) The Head of Legal;

l) The Communications Officer.

m) An MP;

n) An AM;

n) An MLA;

p) An MSP;

q) A Councillor (elected by Party members at conference).

11.2 The Board may from time to time appoint further non-voting ex-officio members as

it

deems necessary for the efficient running of the Board.

Party Treasurer

11.3 The post of Party Treasurer is required under the Political Parties, Elections and

Referendums Act 2000 and the name of the Party Treasurer must be registered with

the UK Electoral Commission. The Party Treasurer shall establish and chair a Finance

Committee to be responsible for managing VAPP's general (non-campaign specific)

finances and reporting these to the Board. The Party Treasurer will prepare annual

accounts and present them at the Annual Business Meeting. The Party Treasurer will

be responsible for complying with all statutes and requirements of the Electoral

Commission applicable to financial reporting and probity.

11.4 The Party Treasurer's term of office shall be two years, which may be renewed;

he/she may be removed before the end of their term by not less than a two-thirds

majority vote of the Board.

11.5 The Party Treasurer may, subject to the approval of the Board, appoint Deputy

Treasurers to assist with the tasks described above.


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Party Secretary

11.6 The Party Secretary is responsible, inter alia, for ensuring the administrative and

other

arrangements of the Party, and ensuring the Party complies with all legal

requirements placed upon it by statute.

11.7 The Party Secretary's term of office shall be two years, which may be renewed;

he/she may be removed before the end of their term by not less than a two-thirds

majority vote of the Board.

Campaign Officer

11.8 The Campaign Officer will convene members in joint advocacy and policy

initiatives to secure changes in policy due to The United Kingdom’s EU

responsibilities.

Board Sub-Committees

11.9 The Board shall establish standing sub-committees for conference, discipline,

finance,

policy, standing orders and appeals, plus any temporary additional sub-committees

it identifies as necessary for the administration of the Party. The composition of all

sub-committees, the limits of their delegated powers and their operational details

shall be in accordance with the Party Rule Book.

Eligibility for Board

11.10 Only paid-up members of the Party in “good standing” shall be eligible for

election to

and/or membership of the Board.

11.11 Notwithstanding anything in Article 11.8 hereof, any person who is:

a) a paid employee of the Party; or

a) one of the Party's elected representatives who receive in respect of their

elected position, remuneration commensurate with full-time employment; or

b) a self-employed contractor providing services either to the Party or to any of the

elected representatives of the Party shall not be eligible for election to

the Board and upon becoming such shall resign from the Board.

11.12 Notwithstanding anything in Article 11.10, a paid-up member in“good standing”

who


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provides paid professional advice or supplies goods or services on a casual basis to

the Party or the Party's elected representatives from time to time shall not be

excluded from membership of the Board. Any dispute as to the status of any

member under this Article shall be conclusively determined by the Board.

11.13 If at any time the Party membership of a serving Board member shall be suspended,

that member shall automatically be suspended from the Board and they shall not be

entitled to resume their place until such time as the suspension of their Party

membership is ended.

11.13.1 If at any time the Party membership of a serving Board member shall be revoked,

that

member shall automatically be expelled from the Board without the need for

the Board to take any further action.

Elections and Term of Office

11.14 Members of the Board shall be elected for a term not exceeding 2 years and shall be

eligible for re-election at the completion of each 2-year term. In exceptional

circumstances the Board may extend the periods of office of retiring members for a

period not exceeding six months.

11.15 Elections to the Board shall be conducted in accordance with rules laid down by

the Board from time to time and shall take place annually on a date to be

announced, together with the number of vacancies and the latest date for the

receipt of nominations, in the issue of the Party newsletter penultimate to the

election. The election shall be by way of a postal ballot of all members.

11.16 The election shall take place on the basis of the first past the post system. Each

eligible

Party member may cast a number of votes up to, but not exceeding, the number of

vacancies and all votes shall be of equal value.

Resignation and vacancies

11.17.1 The resignation of a member of the Board shall either be evidenced in writing signed

by the resigning member and sent or given to the Party Chairman, or given orally, or

sent via electronic mail. If given orally, the Party Chairman shall write to the

resigning member inviting him to confirm or to withdraw their resignation.

11.17.2 The resigning member shall reply to such invitation within fourteen days of

the proof


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of receipt of letter or electronic mail. In the absence of a reply from the resigning

member within that time he shall forthwith be deemed to have resigned from

the Board.

11.18 Should a vacancy occur between elections, the Board may invite a candidate from

the

immediately preceding Board election to fill the vacancy until the next annual

elections when the position shall be filled by election, subject always to the

willingness of the invitee to serve. Members joining the Board in this manner shall

have the same rights as elected members.

Conduct of Meetings

11.19 The Board shall meet at least six times a year. Meetings shall be chaired by the Party

Chairman or, in the Chairman's absence, by the Vice Chairman appointed under

Article 8.3 or, in the absence of them, by a member of the Board appointed by

the Board for that meeting only, which appointment shall be duly minuted or may

be electronically recorded. The plan for meetings shall be released within the first

week of each calendar year to allow for member scheduling to be arranged.

11.20 Nine voting members of the Board including the Party Chairman or, in the

Chairman's

absence, the Vice Chairman appointed under Article 13.3, or such Board member

appointed for that meeting as Chairman in accordance with Article 11.19, shall

constitute a quorum.

11.21 Any five or more voting members of the Board may requisition an Emergency

Meeting by notifying the Party Secretary in writing signed by each of them to

summon one as soon as practicable. The document calling for such a meeting shall

set out the business to be discussed and any motions to be put at that meeting. The

agenda for the Emergency Meeting shall comprise solely this business and matters

arising.

Suspension/Expulsion from Board

11.22 The Board may expel a member of the Board from the committee. A member of

the Board may only be so expelled if a resolution to that effect is proposed and duly

seconded and passed by not less than two-thirds of the voting members present.

The quorum for such a proceeding shall be nine voting members of the Board

excluding the Chairman or acting Chairman.

11.23 The following shall be grounds for expulsion/suspension from the Board:

a) Conduct which in the opinion of the Board has caused or is likely to cause


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reputational damage to the Party or its’ leadership.

b) Serious breach of Board or Party confidentiality.

c) Persistent failure to attend Board meetings without good cause.

d) Unbecoming conduct in the course of Board meetings.

e) Conduct which in the opinion of the Board amounts to the

abuse, harassment

or bullying of a fellow member of the Board or an employee of the Party

whether paid or unpaid.

11.24 The member against whom such a motion is proposed shall be given no less than

seven days’ notice in writing of the meeting. They shall be entitled to attend, to address and vote at the meeting. They may make written representation to the meeting.

11.24.1 They may also question any member or other witness whose evidence is considered

by the Board as being relevant to the issue on the same basis as any other party and

may call witnesses on their own behalf on the same basis as obtained during the

case against them.

11.25 If the member against whom such a motion is proposed cannot attend the meeting

to discuss the motion, they must be given reasonable opportunity to attend on a

subsequent occasion. Provided that they have been given reasonable notice of such

rearranged meeting, the Board may proceed to deal with the matter in their

absence if the Board is of the opinion that, in all the circumstances, it would be fair,

reasonable and just to do so and that they have had reasonable opportunity to

attend.

No Confidence Motions

11.26 A motion of no confidence in the Party Leader may be proposed before the Board. In

order for it to pass no less than twelve of the fifteen members of the Board shall

vote in favour of the motion. The Party Chairman shall have a casting vote in the

normal way.

11.27 The Party Leader shall be given no less than seven days’ notice in writing of the

meeting. They shall be entitled to attend, to address and vote at the

meeting. They may make written representation to the meeting. They may question

any member or other witness whose evidence is considered by the Board as being

relevant to the issue on the same basis as any other party and may call witnesses

on their own behalf on the same basis as obtained during the case against them.

11.28 If the Party Leader cannot attend the meeting, they must be given reasonable

opportunity to attend on a subsequent occasion to take place within ten days.

Provided that they have been given reasonable notice of such rearranged meeting,


23

the Board may proceed to deal with the matter in their absence if the Board is of the

opinion that, in all the circumstances, it would be fair, reasonable and just to do so

and that they have had reasonable opportunity to attend.

11.29 In the event of a motion of no confidence in the Party Leader being passed by

the Board, the Party Secretary shall call an NSGM of members of the Party,

such NSGM to be held within 28 days of the passing of the motion. The Board may

from time to time make rules as to the conduct of such an NSGM. The NSGM shall

have as its’ only business a motion to endorse or to reject the vote of no confidence

in the Party Leader by the Board.


24

11.30 In the event that:

a) the NSGM convened under Article 6.23.6 rejects the vote of no confidence

in

the Party Leader; or

c) the Party Leader stands for and is re-elected as Party Leader at an election

following a vote of no confidence in them by the Board, elections shall be

held in respect of each of the elected seats on the Board, with the result

being declared no more than three months from the date of the refusal of

the NSGM to endorse the Board's vote of no confidence or the date of Party

Leader's re-election whichever the case may be. Until such time as those

elections are held the Board elected members shall remain in office until

their successors are elected.

Electoral Cycle

11.31 In the event of a Board election with more than four vacancies, successful

candidates

other than the top four shall be elected for terms of two years or one year to

preserve the three-year electoral cycle, but these terms of office may be extended

to not more than 3 years should further Board vacancies occur.

Authorised Groups

11.32 The Board may authorise the establishment of groups of members or groups of

constituency associations or branches in furtherance of the aims of the Party. These

groups shall have responsibility for administering their own financial and other

affairs in accordance with the procedures set down in the rules for the said groups.

11.33 The Board may from time to time permit the formation of groups within the Party

known as Focus Groups and may, as it deems appropriate, make rules concerning

such groups; subject always to the requirement that no such group may exist or

operate within the Party save with the express written consent of the Board.


25

Officers

11.34 The Board shall also appoint the following Officers, described in Article 11.35 to

11.36

11.35 A Secretary who shall:

a) formally convene meetings of the Board and its’ sub-committees and notify

members thereof;

b) create and maintain appropriate electronic administrative records with

appropriate data protected backup and archiving;

c) act as Secretary to the Board;

d) maintain accurate records and minutes of meetings and decisions of

the Board and its’ sub-committees;

e) ensure that minutes and records are appropriately agreed and signed;

f) maintain and make available for distribution rules and other decisions made by

the Board;

g) organise and conduct Board elections subject to Board rules;

h) maintain records of membership of the Board and its’ sub-committees.

j) this role will be fulfilled by a Board member or staff member.

11.36 A Nominating Officer, as required by the Political Parties, Elections and Referendums

Act 2000, who shall control the registered Party descriptions and emblems and be

responsible for the appointment of Deputy Nominating Officers as appropriate, and

Candidates.

11.37 The Board may from time to time create such further posts as it deems necessary for

the more efficient exercise of its’ duties under this Constitution and appoint persons

thereto.

11.38 The Board may from time to time invite any person it deems appropriate to attend

any Board meeting in whole or in part.


26

PART 12 - THE PARTY LEADER

Status

12.1 Under the Political Parties, Elections and Referendums Act 2000 all registered

parties

must appoint a Party Leader. The Party Leader shall give political direction to the

Party and shall be responsible for the development of the Party’s policies with the

agreement of the Board.

12.2 The Party Leader may, at their discretion, form such advisory groups as he/she

deems

appropriate to advise him/her on any matter pertinent to the exercise

of their functions, and will inform the Board of the membership of such groups.

12.3.1 The Party Leader:

a) shall have the right to be a full member of all sub-committees and working

groups set up by the Board;

b) shall, subject to the approval of the Board, appoint a Party Chairman; in the

event of a refusal to approve the appointment the Party Leader may request

that the matter be referred to a GM of the Party;

c) shall make or approve national statements of the Party's policies and the

manner of their communication; and

d) may make such other appointments as he/she thinks fit, with the agreement of

the Board.

12.3.2 Election for the post of Party Leader shall be by way of a postal ballot of all paid up

members of the Party in “good standing”.

Term of Office

12.4 The Leader's term of office shall be for four years. This term may be extended for

such time as may be deemed necessary upon the Board passing a motion by a two-

thirds majority to enable the Leader to stay in post in order to fight an imminent

General Election or European Election, however in such event the period of

extension shall be for no more than one year. The Party Leader may be elected for

successive terms.

12.5 A leadership election shall be called:

a) in the event of the Party Leader's death, incapacity or resignation; or

b) on the passing of a vote of no confidence in the Party Leader by the Board if this

is endorsed by a Non Scheduled General Meeting of the Party; or

c) upon the Party Leader's completion of their term of office.


27

Such election shall be held within 90 days of the completion of the Leader's term of

office.

12.6 The Board may from time to time as it deems appropriate make rules for the calling

and conduct of elections for the post of Party Leader.

12.7 A Party Leader shall communicate their decision to resign in writing to the Party

Chairman, who must then summon an emergency meeting of the Board within 48

hours.

12.8 If there is only one valid nomination for the post of Party Leader the candidate so

nominated shall be declared elected as Party Leader without the need for a ballot.

Any contested election for the leadership shall be decided by a simple majority of

the votes cast. Those eligible to vote shall be members in “good standing” of the

Party on the date when the election is called, subject always to the restrictions on

voting set out in the final paragraph of Article above.

12.9 When a vacancy in the leadership occurs due to the Party Leader's death, incapacity,

resignation or removal following a vote of no confidence, the procedure for a

leadership election shall be initiated by the Party Secretary.

Deputy Leader

12.10 The Party Leader may from time to time appoint a member of the Party “in good

standing” to be Deputy Leader. The Deputy Leader shall carry out such duties as

the Party Leader shall assign to him/her. In the event of the incapacity or

unavailability of the Party Leader, the Deputy Leader shall not assume

the constitutional powers and duties of the Party Leader unless authorised so to do

by the Board.

12.11 Where a vacancy in the Party Leadership occurs unexpectedly, the Board shall

within three days appoint an Interim Leader to lead the Party until a Leadership

election takes place. Such Interim Leader shall have all the powers of the Party

Leader under this Constitution as if he/she had been elected to that post.


28

PART 13 - THE PARTY CHAIRMAN

Status and Duties

13.1 The Chairman appointed under Article 11 shall be an ex officio member of

the Board if

not already an elected member of it. The Chairman will be entitled only to a casting

vote whether or not he is an elected member of the Board. The Party Chairman may,

notwithstanding their ex officio membership of the Board, be a full time employee

of the Party.

13.2 The Party Chairman shall chair meetings of the Board, the Annual Business Meeting,

Annual Conference and such Non Scheduled General Meetings as may be called. The

Party Chairman shall be responsible for maintaining accurate databases of

membership and for safeguarding such databases within the terms of data

protection legislation.

Vice Chairman

13.3 The Party Chairman may, with the agreement of the Party Leader and of the Board,

appoint a Vice Chairman from amongst the voting members of the Board who shall,

in the absence of the Chairman, chair the Board. The Vice Chairman may act

generally in the place of the Chairman if the Chairman is absent for any period over

two weeks or is incapacitated through illness or is otherwise unable to undertake

the duties of Chairman. The Chairman may from time to time delegate to the Vice

Chairman such duties as he sees fit. Only one such officer shall act in the place of the

Chairman in the Chairman’s absence at anyone time, unless the board ratifies any

additional requirement.. The Vice Chairman will act in place of the Chairman and

shall have only the same voting powers as the Chairman for the period of their

absence.

Responsibilities

13.4 The Party Chairman shall have overall responsibility for administration and direction

of the Party organisation. He/she shall be responsible for ensuring that all efforts are

made to have an active and properly constituted organisation of the Party in every

constituency, financially able to support a parliamentary election campaign.

13.5 The Party Chairman may make such administrative appointments as he/she sees fit

and may recommend to the Board the creation of paid administrative posts. The

Party Chairman shall, from time to time, report to the Board on Party, branch and

constituency activity or ensure that a report is made by an appointed Party officer,

as appropriate, on such activity.


29

PART 14 - SEPARATION OF OFFICE

14.1 The offices of Party Leader, Party Treasurer, Party Secretary, Party Chairman,

Vice Chairman, Nominating Officer and General Secretary shall each be held by a

different individual.


30

PART 15 - STANDING AND TEMPORARY COMMITTEES

15.1 The standing committees set up by the Board shall include a Conference

Arrangements Committee, a Discipline Committee, a Finance Committee, a

Constitution/Standing Orders Committee, a Policy Committee and an Appeals

Committee. The Board may from time to time establish other committees as it

deems necessary.

Finance Committee

15.2 The Finance Committee shall be chaired by the Party Treasurer. Its’ responsibility

shall

be to oversee the management of the Party's finances and to appoint auditors.

Discipline Committee

15.3.1 The Discipline Committee shall be chaired by the Party Secretary and shall comprise

in addition either two or four voting members of the Board. Any appeal panel

formed for hearing appeals from disciplinary hearings or membership exclusions

shall be composed of an independent Chairman and either two or four other

persons independent of the Board.

15.3.2 The Discipline Committee shall have responsibility for conducting and arranging for

all matters relating to discipline under this Constitution. The Board may make rules

as to the manner of selection of the panel members of the Disciplinary Committee

and of appeal panels.

Conference Arrangements Committee

15.4 The Conference Arrangements Committee will have the responsibility for all

matters relating to organisation of the Party Conference, including the selection of

motions for debate.


31

PART 16 - DISCIPLINE

Jurisdiction

16.1 The Discipline Committee of the Board shall have jurisdiction over all matters

pertaining to Party Discipline. The Board may from time to time as it deems

appropriate make rules for the composition of discipline panels and management of

matters of discipline and appeals, for the conduct of hearings and appeals under

VAPP Disciplinary Document and for the procedure and evidence to be used by the

Committee.

16.2 All disciplinary hearings, investigations and appeals shall be conducted with proper

regard for the rules of natural justice to ensure that any member subject to such

proceedings receives a fair hearing at each stage of the disciplinary or appeals

procedure.

Complaints

16.3 Any member in “good standing” may refer the conduct of any other member to

the

Party Secretary who shall act in accordance with the rules made under this Article

and the rules of natural justice.

16.4 Thereafter the Party Secretary shall likewise act in accordance with the rules made

under VAPP Disciplinary Document and the rules of natural justice.

Remedies

16.5 Upon the conclusion of any disciplinary hearing the Discipline Committee may:

a) issue oral or written advice to the Respondent Member as to future conduct;

b) give the Respondent Member a written caution as to future behaviour;

c) suspend the Respondent Member from attending constituency association

meetings for a specified period, dependent on severity of the offence;

d) suspend the Respondent Member from membership of the Party for a

specified period, dependent on severity of the offence;

e) suspend the Respondent Member from an elected Party post and/or

candidature for elective post for a specified period, dependent on severity

of the offence;

f) expel the Respondent Member from membership for a specified period or

permanently, dependent on severity of the offence;

g) take any other reasonable and proportionate action that it deems to be

warranted by any particular circumstance;


32

h) take no action; or

i) if the Respondent Member is elected to public office, remove the Party

Whip. The Discipline Committee shall at all times exercise its’ powers with

proper regard for the principle of proportionality. The Party Secretary shall

provide a report of all disciplinary hearings and appeals to the Board upon

their conclusion.

Right of Appeal

16.6 Any member disciplined under the VAPP Disciplinary Document shall have the right

of appeal against such order as is made thereunder. Such appeal shall be dealt with

in accordance with the Rules of the Party concerning discipline.

16.7 The Board may cause any disciplinary panel to be chaired by an Independent

Chairman and may appoint such a Chairman who need not be a member of the Party.

16.7.1 The Board shall cause an appeal hearing to be chaired by an Independent Chairman

and may appoint such a Chairman who need not be a member of the Party. No

person who sat on a disciplinary hearing at first instance may be a member of the

appeal panel for the matter at hand. If an Independent Chairman is selected to sit in

a disciplinary panel, the party non disclosure agreement must be signed prior to any

meeting or discussion of the case in point.

16.8 In addition to the rules outlined in VAPP Disciplinary Document, the Board may

from time to time as it deems appropriate make rules as to the qualifications

required for appointment as an Independent Chairman.

Emergency Powers

16.9 In cases of exceptional gravity and urgency the Party Chairman may, with approval

of

the Board, exercise any of the powers set out in the VAPP Disciplinary

Document except that under 16.5 (f) above in respect of any member, with due

regard to proportionality. The Party Chairman shall, within twenty-four hours of so

acting, notify the Party Secretary of their action.

16.10 Upon being so notified the Party Secretary shall convene as soon as possible an

Emergency Disciplinary Panel composed of himself (or an Independent Chairman

appointed in accordance with the rules made under VAPP Disciplinary Document

and Article 10) and not more than two voting members of the Board.


33

16.11 The Emergency Panel may:

a) confirm the order of the Party Chairman; or

b) confirm the order of the Party Chairman but order that the matter be placed

before an ordinary Disciplinary Panel as soon as possible for a full hearing; or

c) make any order permitted by this Constitution; or

d) revoke the order of the Party Chairman on the grounds that the action was

either:

(i) inappropriate having regard to the circumstances; or

(ii) excessive having regard to all the circumstances; or

(iii) not supported by the facts. In that event the Party Chairman may

within

fourteen days of the findings of the Emergency Disciplinary Panel

renew

the complaint under the ordinary disciplinary procedure.

16.12 It shall be no defence to any allegation laid under this Article that the Party member

was ignorant of the Constitution or any Rule made thereunder.


34

PART 17 - CANDIDATES

Approved Candidates Lists

17.1.1 The Party shall establish lists of approved candidates for elections to public office.

The

Board may from time to time make such rules as it deems fit for the establishment

of such approved lists. Persons holding elective office shall have no automatic right

to re-selection or to a place on such approved candidates lists.

17.1.2 Any person who seeks to be placed on such approved candidate lists shall make a

written application and, without exception, shall in such application make a full

disclosure of any material fact, political or personal (whether or not the material fact

arose before or after this Constitution came into force), that has or may have a

bearing on their suitability for selection as a candidate and shall provide full details

in writing of the same to the Party Chairman. The Board shall issue guidance on

disclosure.

Duty of Disclosure

17.1.3 Once selected, candidates remain, without reservation or qualification, under a

continuing duty fully to disclose to the Party Chairman any material fact, political or

personal (whether or not the material fact arose before or after this Constitution

came into force) that has or may have a bearing on their suitability to stand as a

candidate and shall provide full written details of the same to the Party Chairman.

17.1.4 Any failure to disclose such a material fact shall be a matter in respect of which

disciplinary proceedings under VAPP P Disciplinary Document hereof may be

initiated against the candidate. The Party Leader or the Party Chairman shall

automatically refer such a matter to the General Secretary and Party Secretary who

may then act under VAPP Disciplinary Document and the rules made thereunder.

Suspension and Removal

17.2.1 The Party Chairman may suspend any candidate from the approved list or remove

any

candidate from the list of candidates to be nominated or having been nominated, if,

in their opinion, the inclusion and possible election of that candidate will or may

damage the reputation or interests of the Party.

17.2.2 Such a suspension shall be notified forthwith to the Board and the candidate.

17.2.3 Thereafter the Board may proceed to determine whether or not the candidate shall


35

be removed from or restored to the list of approved candidates or remain

nominated by the Party.

17.2.4 Once a candidate is finally removed from the list or their nomination is withdrawn

according to law, they automatically lose all rights to be the selected candidate and

the association, branch or region concerned shall select a new candidate.

17.3 A candidate who is removed from the approved candidates list or whose nomination

is withdrawn shall have the right to an appeal according to rules made by

the Board pertaining to candidates.

Selection of Candidates

17.4 The Board may from time to time as it deems appropriate make rules concerning all

matters relating to the selection, training, nomination, ranking, conduct, removal

and organisation of candidates.

17.5 All candidates standing on behalf of the Party in any election to public office must be

paid-up members of the Party in “good standing” and on the Party's list of

approved candidates, held at Head Office.

17.6 In the case of a by-election (other than local government by-elections and other by-

elections to local public office) the selection of a candidate will be made by the

Board

in consultation with the constituency association or branch.

17.7 The selection of candidates for local government by-elections and other by-elections

to local public office shall be the responsibility of constituency associations or

branches. The Party Chairman may at any time refer the selection to the Board.

Codes of Conduct

17.8 The Board may from time to time as it deems necessary and appropriate make:

a) Codes of Conduct for those holding elective office in the Party's name;

b) Rules defining the nature of the Party Whip, the circumstances in which the

Party Whip may be removed and the consequences and the sanctions which

may be applied when the Party Whip is removed or the elected member

resigns the Party Whip.

17.9 It shall be the duty of any member of the Party who is elected to any elective office:


36

a) to abide at all times by any such Code of Conduct and the Rules drawn up

under Article 12.8; in addition to any external rules and guidelines relating

to their elected office.

b) at all times to behave in a manner becoming to such elective office.

17.9.1 Any breach of such Code of Conduct, Rules or failure to observe Article 17.9 (b) may

be treated as a matter falling within Article 5.2.

17.10 The Board shall refer any breach of any Code of Conduct or Rules made under

Article 11.23 to the Disciplinary Committee according to the provisions of VAPP

Disciplinary Document, whereupon those provisions shall be followed as if the

matter was an ordinary matter pertaining to discipline.

17.11 Notwithstanding any legal waivers, immunities, or dispensations granted by virtue of

a candidate’s election to public office, the Board shall have the right to regard all

undertakings signed by candidates prior to their election or subsequent to it as

morally binding and binding under the Rules of the Party and shall have the right to

remove the Party’s Whip from, de-select, refuse to re-select or to expel from the

Party any member who is in breach of any such undertaking under this Article.


37

PART 18 - THE CONSTITUTION: APPROVAL AND AMENDMENT

18.1.1 For the purpose of registration of the Party with the Electoral Commission this

Constitution shall come into force immediately once approved by the Board.

18.1.2 This Constitution will once the Party is registered, and at a time to be determined by

the Board, then be put before the members for consideration and approval by

members voting in a postal or electronic internet based ballot according to the

requirements of the Constitution in force at that time.

18.1.3 Thereafter amendments to the Constitution may be proposed/made at any time in

accordance with this Article. Such amendments shall only come into force after a

postal or electronic internet based ballot of the membership has been held in which

not less than two-thirds of members voted in favour of them.

18.1.4 Such amendments shall then come into force seven days after the result of such an

affirmative vote is declared.

18.1.4 Such a ballot shall be held;

a) If proposed by the Board and approved by a two-thirds majority of those

voting; or

b) At the request of twenty or more properly constituted and duly registered

constituency associations or branches which have communicated their

proposal for such amendment or amendments in writing to the Party

Chairman who may require the constituency associations or branches to

fund the cost of the ballot.

18.1.5 Any constituency association or branch requiring a vote to be taken on a proposed

amendment shall file with the Party Chairman a certificate that the majority of

members at a properly constituted Non Scheduled General Meeting or Annual

General Meeting of the constituency association or branch voted in favour of such

an amendment.

18.2 The Board shall have the right in addition to its’ own proposals to amend the

constitution, the right to put separate and distinct elements or clauses

amending the Constitution to separate votes for the approval of a two-thirds

majority of members voting in a postal or electronic internet based ballot.


38

PART 19 - PARTY RULE BOOK

19.1 The Party Rulebook shall be published on the Party’s website and a hard copy shall

be

available on demand to any member upon payment of a fee, to be determined by

the Board from time to time, for printing and postage.

19.2 Any Rules made under this Constitution shall be read in conjunction with it and

where

the Rules are repugnant to the Constitution, the latter shall prevail.


39

PART 20 – DISSOLUTION OF THE COMPANY/PARTY

20.1 In the event that the company and or the Party becomes dissolved or insolvent, it’s

assets should firstly be applied towards legal and legislative requirements of the

company, in accordance with Company Law, then to the payment of company debt.

Any further funds and assets then being held either by the Party or by

administrators in accordance with legislation once these debts have been settled,

shall then either be applied to:

a) any successor company, established on behalf of the Party, to

ensure

its’ continuation, or

b) to another successor party, in the case of a merger, or

c) in the case of there being no successor company or party, to a

political

group or party with the same mission and or values of the Party, or

to a charity or foundation serving the people and armed services of

the United Kingdom and the veterans thereof.


40

Appendix 1 Your Rights and Responsibilities within VAPP Your Rights 1 You have the right to be treated with respect. This applies to all members, staff, and

volunteers. Treating others with respect includes not bullying, harassing, or intimidating them. It also means at the most basic level, treating others as you would wish to be treated.

2 You have the right to be treated equally. The Veterans’ and People’s Party will not

discriminate as to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, or sex.

3 You have the right to be treated fairly. This is in regard to all aspects of Party life –

from the workings of your local party to your dealings with the National Party, committees and members of staff.

4 You have the right to be treated within the Party rules. All action that the Party

takes towards you will be within its’ own rules. These can be found in the Constitutions, Standing Orders, in membership rules and in any additional operational and policy documents.

5 You have the right to make a complaint in confidence.

Any complaint you make will be treated on a ‘need to know’ basis, and no information will be passed on without your consent.

Your Responsibilities

6 You have the responsibility to treat others with respect. As a supporter or member you have a responsibility not to bully, harass, or intimidate other supporters, members, volunteers, Party employees, members of Parliamentary staff or members of the public.

7 You have the responsibility to treat others without bias

The Veterans’ and People’s Party reject all prejudice and discrimination, and are opposed to all forms of entrenched privilege and inequality. As a supporter or member you will not discriminate as to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, or sex.

8 You have the responsibility not to bring the Party into disrepute ’Bringing the Party into disrepute’ refers to your behaviour both as a supporter or member and as an individual. You should never behave in a way which could negatively impact the reputation of the Party if your behaviour was to be made public.


41

Appendix 2 Complaints Procedure for the United Kingdom Veterans’ and People’s Party. Introduction 1 The Veterans’ and People’s Party aim to be the most accountable and transparent

party within UK politics. To this end we have published this guidance to assist anyone wishing to make a complaint or indeed are dealing with a complaint that has been made against the Veterans’ and People’s Party or its’ supporters, members, volunteers or elected members. If you have a complaint we wish to hear about it and we will do our best to put it right.

2 Our complaints procedure has the following goals:

to deal with complaints fairly, effectively and efficiently;

to ensure all complaints are handled in a consistent manner;

to resolve complaints in a timely manner to prevent them escalating;

to use complaints constructively to improve the Party. 3 Complaints are something that we aim to resolve through conversation, discussion

and better understanding. Should you wish to bring a more formal action against something you believe is criminal or potentially grounds for revoking of membership, then you should not use this procedure as it is not intended to be a substitute for the following:

A criminal investigation: should you wish to complain about the commission of a criminal offence you should contact the police.

The formal disciplinary process of the Party: if the actions that you are complaining of involve any of the grounds by which the membership of a Party member may be revoked, then you should consider making a formal complaint under the membership rules. If you are in any doubt you should contact the Complaints Department at Headquarters.

Complaints against your elected members regarding constituency of casework issues please contact the Complaints Department at Headquarters for advice.

4 If you are a member of staff and wish to raise a concern in confidence, and you do

not feel this can be trusted to your line manager, you should follow the Whistleblowing Policy. If, however, you have a complaint or grievance that does not fall into any of the above categories, you should follow the guidance in this document.


42

5 If you are in any doubt, please contact the Complaints Department by email to [email protected] or you can use the complaints form on our website found at http://www.vapp.org/complaints/ Before you make a complaint, and to assist you decide the most appropriate process here are some definitions:

Complaints: When somebody complains they are saying that they have personally been poorly treated. The complainant is seeking redress or justice for themselves. The person making the complaint therefore has a vested interest in the outcome of the complaint and, for this reason, is expected to be able to validate their case.

Whistleblowing: When someone blows the whistle they are raising a concern about a danger or illegality that affects others. The person blowing the whistle is usually not directly nor personally affected by the danger or illegality. The whistleblower rarely has a personal agenda or interest in the outcome of any investigation into their concern they are simply trying to alert others. He or she is a messenger raising a concern so others can address it.

6 For further details on whistleblowing, see our whistleblowing policy. 7 Who can use this guide?

Any member of the public

Any member of the Party


43

8 What people should expect from the Party member or employee?

You have the right to be treated fairly, equally and with respect and dignity. 9 Types of situations we investigate:

Disputes between members of the Party and all its’ employees or complaints about them

Misconduct such as abuse of colleagues or the public

Conduct which has brought or is likely to bring the Party into disrepute, such as standing against the Party in an election, or where a member displays a fundamental disagreement with the aims and objectives of the Party - although consideration should be given to using the formal disciplinary process in these cases

Breach of the electoral law.

10 This is not an exhaustive list. We cannot investigate if the complaint concerns someone who is not a member of the Party or an employee. If alleged criminal conduct is the subject of the complaint that the police should be contacted.

11 Before making a complaint to the Party:

Check the person you wish to complain about is a member of the Party or an employee. If you are unsure please contact the local Party Chair.

Be clear on what you are complaining about and what resolution you seek. 12 Making a complaint to the Party:

The Party aims to resolve complaints as soon as possible. 13 Informal process:

Many complaints can be resolved informally. In the first instance every effort should be made to resolve the complaint locally through the Chair of the relevant Party organisation, e.g. the local Party, Council group, Assembly group or the Parliamentary Party group.

Contact details can be found on our website. If you are unsure of who to contact please contact our Complaints Department who will provide you with the details. If you feel able, speak to them and they will try to resolve the matter.

If the complaint is about an employee please contact Human Resources Department CONFIDENTIAL, Veterans’ and People’s Party, 20 to 24 Wenlock Road, London, N1 7GU or E-mail:

[email protected] They will be able to direct your complaint to the relevant manager.

mailto:[email protected]


44

14 When making contact with the Party:

If you use the complaints form on the website, please make a note of the time and date you send your complaint.

If you make contact via a letter, please make a note of who you sent it to and the date posted. Sending via recorded delivery may be beneficial to ensuring it is received.

If you make contact in person or by phone, please make a note of the name of the person you speak to. If a solution is offered at this point, please make a note of this also.

15 Formal process:

I) If you are unsatisfied with the response or do not wish an informal solution, you may pursue a formal complaint.

ii) Report the incident in writing stating Formal Process using either the

complaints form available on our website, which asks for information we need in order to investigate the complaint and gives us permission to show it to the person in question, or write direct to our Complaints Department at our Head Office address, alternatively you may email us at [email protected]

iii) Send the completed form to either the local or regional Chair, or the

Complaints Department. If you are unsure of who to contact, please contact the Complaints Department at [email protected] who will be able to give you the contact details of the local or regional Chair if applicable.

16 Whilst we take complaints seriously and review all complaints once complete in

order to assist us improve our service and procedures, it is important to note that resolution does not always mean that all parties will be happy with the decision.

Each complaint we receive is treated on its’ own merit.

Our process will involve:

An initial assessment of the allegation or complaint,

Where necessary, an investigation of the allegation or complaint,

Where necessary, a hearing or meeting to reach a decision and formulate actions. 17 Where the Party feels no further investigation is required, the results will be set out

in writing either in an email or letter to you. If your complaint is to be investigated, you may need to provide further evidence in order for the Party to reach a decision.

mailto:[email protected]


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PLEASE NOTE: The Party will not usually investigate a complaint that relates to an incident that is more than 12 months old, except in exceptional circumstances as decided by the board. 18 We aim to acknowledge receipt of your complaint within 14 working days and we

aim to resolve your complaint within 30 days. This may not always be possible due to circumstances beyond our control.

Useful information:

Useful website for victims of sexual assault: http://www.mydecision.co.uk

http://www.mydecision.co.uk/


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Appendix 3 Policy and Procedures for Disclosure (‘Whistleblowing’) Introduction 1 The Public Interest Disclosure Act 1998 gives legal protection to employees against

being dismissed or penalised by their employers as a result of publicly disclosing certain serious concerns. It is fundamental to any employment contract that an employee will be loyal to his or her employer and will not disclose confidential information outside the organisation.


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However, from time to time, a member of staff might discover information which he or she believes shows wrongdoing or malpractice within the organisation. On such occasions it must be made possible for the information to be disclosed without fear of reprisal and, where appropriate, to someone other than the direct line manager.

Policy Statement 2 The Party is committed to the highest standards of honesty, openness and

accountability. It aims to ensure that it operates in a responsible manner, taking into account standards set out in and by the Electoral Commission, Companies House, Her Majesty’s Revenue and Customs, the Palace of Westminster, the Ministerial Code, the Civil Service Code, the Charity Commission, other National, Regional and Local Government regulations and guidelines, and the requirements of funding and other bodies and Data Protection Standards (Due to be changed in 2018 to GDPR).

3 The Party recognises that individual members of staff, its’ supporters, volunteers,

members, and elected officials have an important role in helping to achieve this aim. It is often these individuals who are first to know if someone in the Party, or connected with it, appears to be acting illegally or improperly. They may feel apprehensive or anxious about raising their concerns, and their loyalty to the Party or to a colleague may prevent them from doing so. They may also be concerned that they will not be taken seriously or about any action against themselves a disclosure might provoke.

4 The Party encourages individuals who have knowledge, or reasonable suspicion, of

wrongdoing to come forward. The Party takes all wrongdoing seriously and believes any evidence suggesting such behaviour should be investigated thoroughly.

5 The purpose of this procedure is to assist and enable all individuals linked with the

Party to raise concerns or to disclose information which they believe, in good faith, may indicate malpractice. Individuals are encouraged and expected to use this procedure rather than to air their grievances outside the Party. There are potential consequences of not using these procedures, which are set out below.

Scope of the Policy and Procedure 6 The Public Interest Disclosure Act limits its’ protection to employees, agency workers

and self-employed workers. However, this policy and procedure extends similar protection to supporters, members of the Party, volunteers, elected members as well as employed staff of the Party.


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7 The policy and procedures are concerned with alleged malpractice, impropriety or wrongdoing in the institution being it is in the Party’s or public’s interest to disclose. Whilst it is difficult to provide an exhaustive list, these might include the following:

financial malpractice or impropriety, fraud and especially electoral fraud;

failure to comply with a legal obligation or with the rules and regulations of the Party;

dangers to health and safety or the environment;

criminal activity;

professional malpractice, which includes matters such as research misconduct, non-application of the Party’s procedures and systems;

improper conduct or unethical behaviour including any offence under the Bribery Act 2010;

miscarriage of justice;

attempts to conceal any of the above.

8 It can be difficult to decide whether a particular action falls within the procedures and it may be that, when concerns are investigated, it appears appropriate to address them through other more specific procedures. For instance, the Party has policies and procedures in place covering staff grievances, complaints and discipline matters. In such cases, the matter will not normally be considered under the Public Interest Disclosure Procedures.

9 As part of its’ day to day conduct of business the Party takes decisions under

established and reasonable procedures. It is not intended that this procedure will allow such decisions to be questioned unless on grounds of malpractice, impropriety or wrongdoing


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Procedure for Making and Investigating a Disclosure 10 Concerns should normally be expressed in writing to the Party Secretary, who is

designated with responsibility for oversight of this procedure. If, however, an allegation directly concerns the Party Secretary, or their involvement would not be appropriate for any other significant reason, an individual may write to the Chair of the Party.

11 The Party Secretary, or any other senior executive identified by the Chair of the Party,

will consider the information disclosed and decide whether the matter falls within the scope of this procedure and, if so, whether there are grounds for proceeding with an investigation.

Should the matter fall outside this procedure but within another, the individual making the disclosure will be informed and directed to the appropriate process.

Should the Party Secretary or the Chair of the Party decide that there are insufficient grounds on which to proceed, the individual making the disclosure will be informed and will have a right to provide further information and resubmit his or her concerns (see below).

Should there be grounds for proceeding, the Party Secretary or other person will decide how the investigation should be undertaken.

This will depend on the nature of the matter and may involve:

An internal investigation conducted by a sufficientindependent senior member of the Party or its’ internal or external auditor;

referring the matter to the police;

an independent external inquiry. 12 The investigation will not be conducted by the Party Secretary or any other person

who may need to take a significant decision arising from the findings. It will be conducted as sensitively as possible, and normally be complete within eight weeks of the disclosure being made. The investigation will also take into account concepts of natural justice and the need to safeguard individual reputations.

13 When an allegation concerns a named individual, the person concerned will be

informed of the allegation and of the evidence supporting it. He/she will be invited to respond to the allegation as part of the investigation and/or before any final conclusion is reached.

14 The point at which it is appropriate for the individual to be informed will depend on

the nature of the case. In any hearing under these procedures, the individual making the disclosure and the person against whom an allegation has been made are both entitled to be accompanied by his/her union representative or by a colleague or friend.


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15 The findings of any investigation will be reported to the Party Secretary or other identified person who will reach a decision on any further action to be taken. Following an initial investigation, other internal procedures may be identified as relevant and may be invoked, such as the disciplinary, grievance or complaints procedures.

16 In some cases it may be appropriate to refer a matter outside the Party for further

investigation. The Party Secretary or other person will inform the individual making the disclosure of the conclusion reached and what action, if any, is to be taken and why.

17 If the individual making the disclosure is dissatisfied about how an inquiry was

carried out, and its’ resultant outcome, then he/she may appeal only on procedural grounds to the Chair of the Party, who may order a procedural review and establish its’ terms of reference.

18 If the initial disclosure was made to the Chair, an appeal may be made to the Appeals

Committee. 19 A report summarising all disclosures and inquiries and any subsequent actions taken

will be made by the Party Secretary or other person to the Board. Such reports will be retained for a minimum of three years.

Safeguards 20 The Party is keen to ensure that the position of both the individual raising concerns

and anyone about whom allegations might be made are safeguarded. It will do this through the following measures:

a. Protection

The procedure offers protection against dismissal or other penalty by the Party to those individuals who disclose any relevant concerns, provided that the disclosure is made:

in good faith; and,

in the reasonable belief that what is disclosed may help identify malpractice, and,

to the appropriate person.

b. Confidentiality The Party will aim to treat all disclosures and information regarding any action taken under these procedures in a confidential and sensitive manner, in particular:

c. Individual making a disclosure

The identity of the individual making an allegation will remain confidential, unless otherwise agreed with that individual, so long as it does not hinder or frustrate the investigation and is compatible with natural justice. However, the investigation process may at some stage need to reveal the source of the information, and the


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individual making the disclosure may at that stage need to provide an attributable statement as part of the evidence to be presented.

d. Named individual

During the course of any investigation the Party will, as far as is reasonably possible without prejudicing that investigation, endeavour to maintain confidentiality regarding the names of any person/people named in an allegation.

e. Anonymous Allegations Individuals are normally expected to put their name to any disclosures or allegations they make. Concerns expressed anonymously will not normally be addressed. However, at its’ discretion the Party may decide to do so after taking into account the seriousness of the issues raised; and the credibility of any allegations; and the likelihood of being able to substantiate the allegation through attributable sources.

f. Unsubstantiated Allegations

No action will be taken against an individual who makes an allegation in good faith even if it is not confirmed by subsequent investigation. If, however, an individual makes what is subsequently determined by the Party Secretary or the Chair of the Party to be malicious or vexatious allegations or made for personal gain, and particularly if he or she persists in making them, disciplinary action may be taken. A disclosure may be deemed malicious or vexatious at any stage of the procedure.

g. Independent Advice

If an individual is unclear on whether to use this procedure, or if they want independent advice at any stage, they are advised to contact the following, as appropriate:

a union advisor;

an appropriate employee representative;

the local Citizens Advice Bureau;

Public Concern at Work ([email protected]). 21 This policy and procedure is designed to clarify for individuals the route through

which concerns can be raised and to assure them that such matters will be taken seriously and acted upon within the Party. The Party takes the view, in the vast majority of cases, an internal investigation and decision is likely to be the most appropriate course of action.

22 Should an individual raise matters of concern outside the Party without first using

this procedure, he/she may be in breach of the procedure and potentially will have committed a disciplinary offence, especially if it causes, or might have caused, unnecessary reputational damage to a member of the Party or to the institution. In such circumstances, an individual may be deemed as having waived their rights under the Public Interest Disclosure Act.


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23 In particular, it would not usually be considered appropriate for matters to be raised publicly in the media before an investigation is completed. Public Concern at Work are able to advise independently on these matters.

24 Should you have a query about this policy or its’ applicability, in the first instance,

please contact The Party Secretary of VAPP.

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