RULES OF THE BRITISH PROTECTED ORNAMENTALS ASSOCIATION
[NATIONAL FARMERS UNION SPECIALIST BRANCH]
BOA Rules of the Association (version date 2
nd July 2019) 1
BASIS OF RULES
- The Association is a specialist Branch of the National Farmers’ Union [“the
NFU”] and these rules constitute a special arrangement made by the
Council of the NFU [“the Council”] pursuant to Rules of the NFU
[“Headquarters Rules”] from time to time. - These rules were amended by the British Protected Ornamentals
Association (formerly called the British Bedding and Pot Plant Association)
on 2nd July 2019 and were approved by NFU Council September 2019. - Headquarters Rules are binding on the Association and its members except
where they are inconsistent with these Rules and permit such an exception. - The Association shall not form part of any County Branch of the NFU.
NAME - The Name of the Association shall be The British Protected Ornamentals
Association [National Farmers Union Specialist Branch].
OBJECTS AND POWERS - The objects of the Association are the objects of the NFU specified in
Headquarters Rules. - Within its objects but not further or otherwise the Association shall have the
following powers, namely,
[a] To seek to advance the interests of its membership in a corporate manner.
[b] To promote and market the sale of protected ornamentals.
[c] To promote and influence market development via the Marketing
Committee.
[d] To promote and influence market research.
[e] To make representations to the government and other public or local
authorities on issues of importance to that industry.
[f] To assist in the institution and carrying on of litigation or prosecution
concerning that industry.
[g] To establish such codes of practice as it considers necessary to protect
that industry and the public and to encourage or enforce compliance with
those codes by all lawful means.
RULES OF THE BRITISH PROTECTED ORNAMENTALS ASSOCIATION
[NATIONAL FARMERS UNION SPECIALIST BRANCH]
BOA Rules of the Association (version date 2nd July 2019) 2
[h] To disseminate information relating to protected ornamentals.
[i] To encourage grower liaison with education and training.
[j] The Committees will promote research and development and other related
objectives and encourage grower liaison with associated industries to furtherance any of the above objects and powers.
[k] To foster its objects by any other means.
MEMBERSHIP - The membership of the Association shall comprise grower members and
trade members. Others who are deemed to have skills to the mutual benefit
of the Association and agreed by the Management Committee shall be
associate members. - To be eligible to be a grower member a person shall grow protected
ornamentals on a commercial scale. Grower members shall ipso facto be
members of the NFU, shall have the right to receive notice of and attend
general meetings of the Association and may hold office as Chairman, Vice
Chairman or Treasurer of the Association and serve on its committees.
10.To be eligible to be a trade member a person shall have business interest in
a trade associated with protected ornamentals growing. Trade members
shall not ipso facto be members of the NFU but shall have the right to
receive notice of and attend general meetings of the Association and may
serve on its committees, but not as Chairman, Vice Chairman or Treasurer
of the Association. They may, however, serve as Chairman or Vice
Chairman of the Marketing or Technical Committees. If however the annual
general meeting fails to appoint a grower Chairman or Vice Chairman of the
Association, an allied trade member may be chosen as Chairman or Vice
Chairman of the Association.
11.A person wishing to become a grower or trade member shall apply to the
Management Committee which upon ensuring that that person is eligible
may admit that person to membership.
12.The Management Committee may admit to associate membership of the
Association such persons who are interested in protected ornamentals but
are not eligible for grower or trade membership as it thinks fit. Associate
members may attend general meetings of the Association but shall have no
right to vote and shall have the right to serve on a committee if invited to do
so.
13.If the Management Committee is satisfied that any member has ceased to
be eligible under Rule 8 or 9 or that the conduct of any member renders it
necessary so to do then the committee may suspend for such period as it
RULES OF THE BRITISH PROTECTED ORNAMENTALS ASSOCIATION
[NATIONAL FARMERS UNION SPECIALIST BRANCH]
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nd July 2019) 3
specifies or may, with the concurrence of two thirds of those
voting, expel that member from membership of the Association.
Any grower member so suspended or expelled may appeal to the
Council whose decision shall be final.
14.All grower, trade and associate members shall pay annual subscriptions to
the Association on a scale recommended by the Management Committee
and approved by the Association in general meeting but in no circumstances
shall the subscription rate for grower members be less than the minimum
prescribed by the NFU Council under Headquarter Rules.
15.The financial year of the Association shall be 1
st November to 31st October
and every annual subscription shall be payable on the first day of that year
except in the case of a new member whose subscription shall be payable on
admission to membership and at the discretion of the Management
Committee may be proportionately reduced.
16.The Association shall hold an annual general meeting to consider the report
of the Management Committee and the accounts for the previous financial
year and the report of the Auditors thereon, to elect the Management and
other committees. Not less than nine nor more than fifteen months shall
elapse between one annual general meeting and the next.
17.If any member fails to pay their full subscription for any financial year by the
end of that year then the Management Committee may terminate their
membership.
18.Special general meetings may be called at any time by the Management
Committee and the Secretary shall convene a special general meeting as
soon as practicable after receipt of a written requisition to that effect signed
by not less than seven members and stating the purpose of the meeting.
19.Grower and trade members shall pay to the Association from time to time
such levies for specific purposes as the Management Committee may
decide under authority conferred by the Association in general meeting with
the concurrence of two thirds of those voting.
20.Notice of an annual general meeting shall be given by not less than twenty
one days written notice to every member and who shall also receive a copy
of the accounts to be considered at that meeting no less than 10 days prior
to the meeting, normally by email.
21.Every member shall be given not less than ten days written notice of every
special general meeting.
22.The quorum for a general meeting shall be fifteen members entitled to a
vote and only grower and trade members shall be so entitled; on a motion
advertised in accordance with rules 21 & 22 and previously considered at an
AGM without a vote being recorded, the chairman may call for a vote by
simple majority of those attending the general meeting called specifically to
RULES OF THE BRITISH PROTECTED ORNAMENTALS ASSOCIATION
[NATIONAL FARMERS UNION SPECIALIST BRANCH]
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nd July 2019) 4
consider the motion; in such a case, the members may record a
proxy vote. These rules will not apply to a question pertaining to
the affairs of the NFU beyond the Association when only grower
members shall be entitled to vote.
23.The Chairman of the Management Committee shall preside at general
meeting, or failing him/her, the Vice Chairman shall preside but, failing both
of them, the members present shall choose one of their number to preside.
On an equality of votes the Chairman of the meeting shall have a second or
casting vote.
MANAGEMENT COMMITTEE
24.The affairs of the Association shall be managed by the Management
Committee which may act in the name of the Association and exercise all
the powers of the Association not reserved by these rules to the Association
in general meeting.
25.The Management Committee shall consist of Chairman, Vice Chairman,
Treasurer, immediate Past Chairman, Marketing Committee Chairman and
Technical Committee Chairman of the Association and not less than four nor
more than eight other members. The Committee should include at least one
representative of each sector within the Association all of whom shall be
elected by ballot of the members at the annual general meeting, to hold
office for two years and can be re-elected at that year’s annual general
meeting. In addition, the NFU shall also have one non-voting representative
on this committee. The Management Committee may fill any casual
vacancies which arise and has the power to co-opt and shall take account of
regional representation as required. Where possible the Committee should
represent the interests of its members both regionally and commercially. No
two persons from the same company can be Management Committee
members at the same time.
26.The secretary shall convene a meeting of the Management Committee on
the instructions of the Chairman or on receiving written instructions to that
effect signed by not less than three members of the Committee.
27.The quorum for a meeting of the Management Committee shall be half the
number of elected voting members.
28.The Chairman or failing him/her, the Vice Chairman shall preside at every
meeting of the Management Committee but failing both of them, the
Committee shall choose one of its number to preside. On an equality vote
the Chairman of the meeting shall have a second casting vote.
29.The Management Committee may appoint sub-committees for such purpose
as it thinks fit and may co-opt any member with relevant expertise to serve
on a sub-committee. Every division and sub-committee shall observe any
directions given by the Management Committee and shall report to that
Committee after every meeting. The Management Committee shall take
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[NATIONAL FARMERS UNION SPECIALIST BRANCH]
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nd July 2019) 5
steps to ensure that adequate grower member representation is
on all committees.
TERMS OF OFFICE
30.All elected members shall serve for a period of two years and will be eligible
for re-election.
SECRETARY
31.The Secretary/Executive Officer of the Association shall be appointed by the
Management Committee under contract to the Association with consultation
with the NFU. Support for administrative staff will be provided by the NFU.
FINANCE
32.The funds of the Association shall be made up of subscriptions paid by
members to the extent that they are not required by Headquarters Rules to
be paid over to the Council and such sums as are received by way of levies
imposed under Rule 14
33.The Treasurer shall be responsible for the safe custody of the funds of the
Association and shall ensure that proper books of accounts are kept
showing all sums received and expended. Subscription rates shall be set at
Annual General Meetings subject to the approval of those present and
voting at the Annual General Meeting.
34.The annual accounts of the Association shall be prepared as soon as
possible after the end of every financial year and shall be audited by the
Auditor appointed.
AMENDMENT OF RULES
35.These Rules shall be amended only by the passing of a resolution to that
effect with the concurring votes of two thirds of the members present at a
general meeting of which every member has been given not less than
twenty-one days notice specifying the amendment to be considered. No
amendment shall be effective without the approval of the Council.
SUSPENSION OR DISSOLUTION
36.The Council may suspend or dissolve the Association if in the opinion of the
Council, the Association;
[a] refuses or persistently fails to comply with these Rules or with
Headquarters rules in so far as they are binding on the Association or;
[b] has a membership below twenty or;
[c] fails to pay its dues to the Council.
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[NATIONAL FARMERS UNION SPECIALIST BRANCH]
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nd July 2019) 6
37.The Association may voluntary dissolve by resolution passed by
two thirds majority at a general meeting of the Association the
notice of which specified that resolution but no such resolution shall have
effect unless and until it is approved by the Council.
38.Upon the dissolution of the Association, any surplus assets remaining after
the satisfaction of all its debts and liabilities shall be applied as the Council
directs.
Rules agreed unanimously by a general meeting held at NFU Stoneleigh 2
nd July 2019