Standing Orders

AS APPROVED BY THE EXECUTIVE BOARD

Pursuant to Article 9 of the Constitution/Trust Deed

MEMBERSHIP

SO1 Applications for membership shall be made in such form as is prescribed for the first General Council meeting by the Steering Group and thereafter by the Executive Board.

SO2 The fees for membership shall be determined by the Steering Group for the first year and thereafter by the Executive Board.

SO3 An application for membership may not be granted until the appropriate fee is paid, the level whereof shall be determined by decision of the Executive Board.

SO4 Applications for membership shall be subject to the approval of the Executive Board or one of its duly appointed committees.

SO5 (a) Categorisation of members shall be in the sole discretion of the Membership Committee of the Executive Board.

(b) A change of circumstances may upon request or on its own motion cause the Board to change the category assigned to a member. A member may seek a review of the decision made at a duly constituted meeting of the Board.

SO6 Approval of membership may be deferred for a period of three months pending submission of documents or evidence required by Executive Board.  In the event that no decision is reached at the end of the three-month period, the application will be deemed to have lapsed and any amount paid, as fees shall be refunded to the applicant.

SO7 For the purposes of eligibility to membership of the MINAB and with particular reference to Article 3(a) and (b):

a) A Mosque or Islamic Centre, which provides regular and facilities for prayers five times a day and Jumah or midday prayers.

b) A Mosque or Islamic Centre, which in addition to providing facilities for prayers as set out in para (a), also provides any other service or services such as Islamic teaching, funeral service, marriage registration, circumcision and activities that facilitate community cohesion may qualify for membership as Mosque or Islamic Centre with extended services.

c) An institution or establishment that provides vocational training that leads to accreditation or a certificate of diploma or degree as Imam.

d) An institution or educational establishment, which provides academic training/courses leading to qualification as Islamic Teacher.

CONDITIONS OF MEMBERSHIP

SO8 Membership of the MINAB is based upon acceptance at all times by a member to be bound by the aims and objectives of the MINAB as set out in the Constitution/Trust Deed.

S09 Membership shall be terminated in the event that a member is found guilty of serious criminal conduct.

S10 Membership may be suspended if credible allegations of misconduct against a member are made.

SO11 All representatives of members shall be expected to have reasonable competence in speaking and understanding the English language.

SO12 All representatives of members, whether appointed or elected shall be required to sign a declaration of truth, which will include a self certification of the member being of good character and having no involvement with any matter that might bring the MINAB or Islam into disrepute.

SO13 (a) A member may terminate membership by resigning.

(b) In the event of a Founding Member resigning his membership or his membership being terminated by any event set out herein above, the other Founding Members shall be entitled to all benefits and advantages flowing from that situation including a proportionate increase in the numbers of nominated members to the Executive Board.

(c) In the event that a Founding Member decides to be succeeded by another organisation, the successor organisation shall have the same rights and responsibilities as the organisation which it has succeeded.

CODE OF CONDUCT

SO14 All representatives of members shall conduct their activities in a professional manner and with integrity at all times. All members and their representatives shall be aware at all times of the need to present the MINAB, and where appropriate themselves, with appropriate standards of professionalism that would be expected of a large, national body representing the interests of Islam and a multitude of institutions, organisations, disciplines and religious schools of thought.

SO15 Representatives of members shall be obliged to act prudently, lawfully and in accordance with the MINAB’s governing documents namely the Constitution/Trust Deed and the Standing Orders.

SO16 Chair of the MINAB shall not hold the top office of any of the Founding Organisations.

SO17 All Office-Bearers/Trustees of the MINAB shall be bound to act and conduct themselves in a manner that does not effect the interests or the work of the MINAB.

SO18 In the event of any complaint made about the action or conduct of an Office-Bearer/Trustee by ten members of the Board, the Office Bearer/Trustee may be suspended from office pending full investigation by the Board.

SO19 The Board may carry out the investigation itself or ask the Adjudication Council to do so.

SO20 If the complaint is found to be well founded the Board may remove the Office-Bearer/Trustee from his/her office informing the Charity Commission as appropriate or issue a reprimand and seek appropriate undertakings on future conduct.

SO21 For removal of a person from office, the matter shall be regarded as one of Special Significance.

MEETINGS

SO22 Members of the Board are obliged to attend all duly constituted meetings.

SO23 Members of the Board have a duty to the MINAB to act in good faith and execute their work, with reasonable skill and diligence expected of such persons.

SO24 Members who cannot attend a duly constituted meeting must (in advance) notify the Secretary of their reason for non-attendance.

SO25 Members who repeatedly fail to attend meetings (Upon two consecutive occasions and without good reason) may be formally reminded by the Board of their duty under SO22 and may, if such reminder does not lead to improvement in attendance, be requested to resign.

SO26 At every annual meeting of the General Council there shall be exhibited a report on the attendance of members at Board meetings.

CONFLICT OF INTEREST

SO27 Representatives of members who are appointed to the Board by nomination or election shall ensure respect for and compliance with any conflict of interests.

SO28 A “conflict of interest” arises, for example, but is not limited to, a situation where there is a conflict between the responsibilities of a representative of a member towards the MINAB with any other personal interests that particular individual may have. A perceived conflict of interest must also be avoided.

SO29 A financial interest held by a representative of a member or a close member of his/her family in a third party organisation that provides goods and/or services to or on behalf of the MINAB has the potential to cause conflict of interest to arise or perception of such conflict to arise. Examples of such interest are paid consultancies, equity holdings, membership of a board of directors or advisory board, trusteeship, or any other capacity where the concerned member is able to exert any influence on the decisions of the organisation, or receive a pecuniary benefit from the organisation.

SO30 Receipt of any pecuniary benefit or award of any contract to a representative of a member or the member itself, which is dependent on a member’s, or the representatives association with the MINAB is a conflict of interest.

SO31 A representative of a member shall declare any interest if at any meeting there is discussion that has the potential to result in financial or other tangible gain for him, his organisation or his business. The same rule shall apply if the potential beneficiary is an immediate member of his family (spouse, child and sibling).

SO32 The Chairman of the meeting shall record in the minutes of the meeting the declaration of interest by a representative of a member concerned and it shall be the duty of the representative concerned not to participate in the discussion or influence the decision in this regard in any way.

SO33 If an immediate member of the family of a representative member on the Board or an Office-Bearer/Trustee gets employed by the MINAB on a casual, temporary or permanent basis, it shall be the duty of the Chairman to file a report of the appointment at the next meeting of the Board. The report shall give details of the process as well as the terms of appointment and will include a declaration by the Chair that the appointment has been made in accordance with equality of opportunity principles.

SO34 The award of contracts to any organisation, individual, institution or otherwise for goods or services to or on behalf of the MINAB shall be based on merit and economic considerations.

SO35 Where the MINAB is to award a contract for goods or services for an amount of £10,000 or more in a single financial year, the MINAB shall normally invite at least two organisations, individuals and institutions to competitively tender for such contract (or contracts as the case may be).

RULES OF GOVERNANCE & DECISION MAKING

SO36 Decisions at the Council and in particular at meetings of the Board shall be taken by consensus after due process of consultation.

SO37 If consensus is not reached, decisions may be taken by an agreed process of voting which may include secret ballot.

SO38 The use of voting by secret ballot shall be made when Chair declares an issue requiring decision to be a matter of Special Significance.

SO39 For an issue to be declared a matter of Special Significance, the issue will need to have a significant bearing on the working of the MINAB for example (but not limited to) an amendment of a Standing Order or the setting up of a Committee not required under the Constitution/Trust Deed. The Chair shall use his/her reasonable discretion and judgment in deciding whether an issue is a matter of Special Significance. Decisions leading to suspension and/or termination may be ruled as matters of Special Significance but each case will depend on its own facts.

SO40 On a matter of Special Significance, a majority of two thirds of those present and voting shall be required for a binding decision.

SO41 On matters that are not of Special Significance, the support of a majority of members present and voting will be required for a binding decision.

SO42 Once a decision is made whether by consensus or through a process of voting, it shall be the responsibility of all (including those who had disagreed with the decision) to take responsibility for its implementation as well as consequences.

SO43 Information on voting outcomes on resolutions or individual voting decisions at the Council or Board meetings or meetings of Committees shall not, at any time, be disclosed to the media or any third party without the explicit approval of the Chairman.

SO44 If there is reason to believe that a member may by word or action have breached the fundamental condition of membership (as set out in SO8), the Chairman of the Board shall himself or upon being asked, order that an investigation to establish relevant facts be carried out by Adjudication Council. The Adjudication Council shall be required to conclude its investigation within a time scale set by the Chairman of the Board. The Chairman shall upon receiving the report of the Adjudication Council, place it before the Board and should the Chairman consider that the matter requires a special meeting of the Board, he/she may call such meeting.

SO45 The Board shall consider the report of the Adjudication Council and take appropriate action. It may terminate, suspend or make membership conditional upon specified conditions or take no action or conclude the matter by securing undertakings for future conduct.

SO46 A decision to terminate or suspend membership will only be taken after having given the member concerned a reasonable opportunity to make representations to the Board.

SO47 In the event that a member is found by any statutory regulatory body or other relevant law enforcement authority to be involved in an activity of a criminal nature, the member shall be expelled.

SO48 If a member of the Board is served with notice of disciplinary proceedings by any statutory regulatory body or charged with criminal offence by a prosecuting authority, the member shall be suspended pending the final outcome of such notice or charge.

CONDUCT OF ELECTIONS

SO49 For the purposes of elections to the Executive Board:

a) Except for facilitating the election of the first Executive Board, the Executive Board shall appoint a person as Election Commissioner at one of its duly convened meetings at least ten weeks in advance of the meeting of the General Council at which elections are due to be held.

b) A person who aspires to any office or membership by election to the Executive Board cannot be appointed as Election Commissioner.

c) Election Commissioner shall be responsible for all arrangements, primary and incidental to the election process and to that extent he/she shall receive full co-operation from office bearers and staff of the MINAB.

d) Decision of the Election Commissioner in all matters relating to election shall be binding and final.

e) For holding the elections to the first Executive Board, the Steering Group shall exercise the same powers as are given to the Executive Board including the power to appoint an Election Commissioner. The Election Commissioner so appointed shall carry the same duties and powers, as would an Election Commissioner appointed by the Executive Board.

PROCESS

SO50 The Founding Members shall, four weeks before the date of the General Council meeting, be required by the Election Commissioner to submit names and particulars of persons who will be members of the Executive Board as nominated members.

SO51 Each Founding Member shall in nominating four persons to the Executive Board use its best endeavour to bring about balance of gender and school of thought.

SO52 The Election Commissioner may, if it is deemed appropriate in his/her opinion, remind Founding Member/s of the requirement of Article 8 of the Constitution/Trust Deed and insist on compliance.

SO53 Founding members shall not have the power to appoint persons to the Executive Board after 2017.

SO54 Members shall be required to provide particulars of their appointed delegate/s to the General Council fourteen days before the date of the meeting of the General Council.

SO55 The particulars shall be sent to the Election Commissioner on a form approved by him/her.

SO56 The Election Commissioner shall collate a full list of appointed delegates and shall cause the list to be sent to all members seven days before the date of the General Council meeting. At the same time the Election Commissioner shall ask in prescribed form (nomination forms) whether a member wishes to nominate its appointed delegate/s or any other appointed delegate to stand for election to the Executive Board.

SO57 Members shall complete and return the nomination forms within three working days of receipt from the Election Commissioner.

SO58 The Election Commissioner shall cause the list of nominated candidates for election to the Executive Board to be displayed prominently at the meeting of the General Council.

SO59 In compiling the list of nominated candidates the Election Commissioner shall be bound to follow such process as shall deliver the outcomes laid down in Article 8 (k) and (l) of the Constitution/Trust Deed.

SO60 If the list is deemed to be incompatible with achieving the outcomes required by the Constitution with respect to representation of gender, the Election Commissioner shall require members, including Founding Members to take such steps, as he/she requires of them.

SO61 The Election Commissioner shall, as part of the process, satisfy himself/herself that the candidates for election to the Executive Board are suitable in that they are of good character.

SO62 In the event that ballot papers are needed, the Election Commissioner shall ensure that the format and content are fully conducive to deliver a fair and honest result.

SO63 The Election Commissioner shall hold elections by secret ballot to the 34 seats on the Executive Board in the event that the list of nominated candidates exceeds 34.

SO64 Only those persons who are appointed delegates shall have the right to participate in the voting process unless prior permission has been sought from the Election Commissioner to substitute an appointed delegate due to the appointed delegates’s illness or other compelling reasons.

SO65 Should secret ballot become necessary, every appointed delegate attending the General Council shall place such number of ticks on the ballot paper, as the Election Commissioner requires.

SO66 Voting by proxy shall not be allowed.

SO67 Amongst 34 seats on the Executive Board, 6 will be from the Shia Muslim communities. The Election Commissioner shall make suitable arrangements to ensure fair and democratic process to elect 6 persons from the Shia Muslim communities. The Election Commissioner shall have the same responsibility in facilitating the election of 28 persons from the Sunni Muslim communities.

SO68 The Election Commissioner shall appoint counting officers from amongst the attending delegates and observers but it will be the Election Commissioner and not the counting officers who will announce results and who will be accountable to the delegates for conducting the process.

SO69 All candidates for elections to the Board shall be expected to have good communication skills in English language and each candidate shall so declare.

SO70 The English language requirement shall also apply to those who get appointed to posts by nomination.

NOTICES

SO71 Secretary of the MINAB and prior to his/her appointment, the Election Commissioner, shall be responsible for issuing notices of meetings of the General Council as well as the Executive Board.

SO72 All notices for convening meetings shall be in writing and shall be sent either by post or by electronic means to those who are entitled to receive these.

SO73 Meeting of the General Council shall require 21 days notice except when the Chairman of the MINAB certifies that meeting is required for urgent purposes in which case the notice period shall be 10 days.

SO74 Decisions made at meetings shall not be invalidated solely on account of any defect in the notice or service of notice.