|
Rules & Byelaws
These byelaws were passed by the Council of the Association ("the Council") by Resolution dated 6 September 1996 and were amended by the Council by Resolutions dated 12th May 2000, 2nd March 2002, 9th May 2003 and are made under the powers vested in the Council by the articles of association of the Association. These byelaws are effective from 23rd July 2004 and abrogate all previous byelaws. (Please note: The ALCD no longer accepts applications for Diploma and Certificated membership. The provision within these Byelaws only applies to those members who made application for these categories when such categories of membership were available) There are two main sections and the training regulations, click on the relevant one to view the sub-sections.
* Interpretation * Membership of the Association * Fellows * Associates * Diploma members * Certificated members * Students * Affiliates * Honorary Members * Conditions of continuing membership * Rights of members * Fees and subscriptions * Officers and Council members * President and Vice Presidents * Termination of Membership Interpretation 1. The headings in these byelaws are for convenience only and do not affect their interpretation. Words importing the masculine gender only shall include the female gender and words importing the singular number only shall include the plural and vice versa. Membership of the Association 2. There shall be the following classes of membership of the Association, namely: 2.1 Fellows. 2.2 Associates. 2.3 Diploma 2.4 Certificated 2.5 Students 2.6 Affiliates 2.7 Honorary. 3. In these byelaws references to "Members" shall be construed as reference to Fellows, Associates, Diploma, Certificated, Students and Affiliates. Provisions relating to Honorary Members are set out in byelaw 12. Fellows 4. No person shall be eligible for admission to the Association as a Fellow unless he satisfies the Council that he is of good character, experience and suitability and is a fit and proper person to be a Fellow of the Association and meets all the following requirements and any other requirements stipulated from time to time by the Council: 4.1 That he has met the Association’s training requirements as stipulated from time to time by the Council and that he has been in practice dealing predominantly with the preparation and/or assessment of legal costs for a minimum period of seven years either: 4.1.1 on his own account, or 4.1.2 in partnership with one or more persons, or 4.1.3 in full time employment. 5. A Fellow shall be entitled to use after his name the letters "F.A.L.C.D." and shall be entitled to use the Association's logo on his stationery, subject to compliance with paragraph 11 of the code of conduct and shall be entitled to advertise the fact that he is a Fellow of the Association. Associates 6. No person shall be eligible for admission to the Association as an Associate unless he satisfies the Council that he is of good character, experience and suitability and is a fit and proper person to be an Associate of the Association and meets all the following requirements and any other requirements stipulated from time to time by the Council: 6.1 That he has met the Association’s training requirements as stipulated from time to time by the Council and that he has been in practice dealing predominantly with the preparation and/or assessment of legal costs for a minimum period of five years either: 6.1.1 on his own account, or 6.1.2 in partnership with one or more persons, or 6.1.3 in full time employment. 7. An Associate shall be entitled to use after his name the letters "A.A.L.C.D." and shall be entitled to use the Association's logo on his stationery, subject to compliance with paragraph 11 of the code of conduct and shall, in all other respects, be entitled to advertise the fact that he is an Associate Member of the Association. Diploma Members 8. No person shall be eligible for admission to the Association as a Diploma Member unless he satisfies the Council that he is of good character and experience and suitability and is a fit and proper person to be a Diploma Member of the Association and meets all the following requirements and any other requirements stipulated from time to time by the Council. 8.1 That he has met the Association’s training requirements as stipulated from time to time by the Council and that he has been in practice dealing predominantly with the preparation and/or assessment of legal costs for a minimum period of five years either: 8.1.1 on his own account, or 8.1.2 in partnership with one or more persons, or 8.1.3 in full time employment. 9. A Diploma member may not use any permutation of letters nor the Association's logo to indicate that he is a Member of the Association nor shall he, in any other respect, be entitled to advertise the fact that he is a Member of the Association Certificated members. 10 No person shall be eligible for admission to the Association as a Certificated Member unless he satisfies the Council that he is of good character, experience and suitability and is a fit and proper person to be an Certificated Member of the Association and meets all the following requirements and any other requirements stipulated from time to time by the Council: 10.1 That he has met the Association’s training requirements as stipulated from time to time by the Council and that he is engaged with the preparation and/or assessment of legal costs for a minimum of 20 hours per week either 10.1.1 on his own account, or 10.1.2 in partnership with two or more persons, or 10.1.3 in part-time employment 11 A Certificated member may not use any permutation of letters nor the Association's logo to indicate that he is a Member of the Association nor shall he, in any other respect, be entitled to advertise the fact that he is a Member of the Association Students 12. No person shall be eligible for admission to the Association as a Student unless he satisfies the Council that he is of good character and experience and suitability and is a fit and proper person to be a Student of the Association and meets all the following requirements and any other requirements stipulated from time to time by the Council. 12.3 That he will undertake any training course required to be undertaken by the Council and will sit any examinations as may from time to time be prescribed by the Council. 13. Any Student who, within three years of his admission, fails without good cause to complete a training course prescribed by the Council and within five years pass, at no more than three attempts, the Association's examinations, shall cease to be eligible for membership of the Association. 14. A Student may not use any permutation of letters nor the Association's logo to indicate that he is a Member of the Association nor shall he, in any other respect, be entitled to advertise the fact that he is a Member of the Association.l |
Affiliates 15. The Council, in their absolute discretion, may admit for affiliate membership, those who have a professional; administrative or academic interest in the matter of law costs and/or the Association's work, including those practising in other jurisdictions. Affiliate members will be required to pay a membership fee as prescribed from time to time by the Council. Affiliate members should not be predominantly engaged in the practice of legal costs within England and Wales Affiliate members shall not be permitted to use the logo of the Association except where they are a member of a firm or company where all those practising in costs are members. Affiliate members may only hold themselves out as being affiliate, members. Honorary members 16 The Council shall have the power to appoint Honorary members of the Association for such period as the Council may determine. An Honorary member shall not be entitled to vote at general meetings or to take part in the management of the Association or to be elected as an officer or council member. An Honorary member shall not be required to pay an annual subscription or meet any other requirement of membership. Honorary members are granted and retain Honorary membership at the sole discretion of the Council who may extend or summarily determine such membership. Conditions of continuing membership 17. It shall be a continuing condition of membership as a Fellow, Associate, Diploma, Certificated or Student that those members continue to be predominantly engaged in the practice of law costs and/or law costs drafting. Further all members must meet any educational obligations laid down by the Council. If any such member ceases to meet these continuing requirements, save for affiliates and the exception set out in paragraph 14, he shall immediately cease to be a member of the Association and he shall not be entitled to any refund of his annual subscription. Such a person shall no longer be entitled to use the letters attributed to his particular class of membership. 18. Any member who ceases to practice law costs by virtue of retirement by reason of age or ill health shall be entitled to continue as a member of the Association in a class applicable at the date of his retirement and on payment of such annual subscription as shall be determined by the Council and may continue to use the letters attributed to his particular class of membership. 19. Fellow, Associate, Diploma, Certificated and Student members will be required to complete an annual certificate of fitness for membership in such form as may from time to time be determined by the Council. Fellows, Associates and Students will not be permitted to renew their membership unless they have submitted an annual certificate which is acceptable to the Council. Similar rules will apply to Affiliate members at the discretion of the Council. Rights of members 20. Fellows and Associates shall be entitled to receive notice of all General Meetings of the Association and to attend, speak and vote at such meetings. 21. Diploma, Certificated, Students and Affiliates shall be entitled to receive notice of all General Meetings of the Association and to attend and speak at such meetings, but not to vote. Fees and subscriptions 23. An application fee in such sum as may from time to time be determined by the Council shall be payable by all Members on application for membership of the Association. In the event that an applicant withdraws his application or is not admitted as a Member, the application fee shall not be refunded. The application fee shall not be treated as part payment of the first annual subscription of a newly admitted Member 24. An annual subscription fee, in such sum as may from time to time be determined by the Council, shall be payable by all Members. A subscription fee shall be paid on admission to membership and thereafter on the first day of January each year. 25. When a Member is admitted to a higher class of membership, he will be required to pay any additional subscription applicable to the higher class of membership. Officers and Council members 26. The officers of the Association ("the Officers") shall be: 26.1 Chairman. 26.2 Vice Chairman. 26.3 Secretary. 26.4 Treasurer. 27. Membership of the Council ("Council Members")shall comprise: 27.1 The Officers of the Association. 27.2 No more than twelve Fellows not being Officers, and 27.3 No more than four Associates. 27.4 Ex Officio: The Education Development Officer and the Administrative Secretary 28. The appointment of Officers and Council Members shall be made by nomination in accordance with these byelaws and where nominations exceed the posts to be filled by secret ballot of the Fellows and Associates of the Association. 29. A Fellow shall be eligible for nomination and election either as an Officer or Council Member and an Associate shall be eligible for nomination and election as a Council Member only, unless such Fellow or Associate has been required to vacate his office as an Officer or Council Member, as the case may be, pursuant to any of the provisions of the Association's Articles of Association. Any Fellow or Associate may apply to the Council for this bar on nomination to be removed but no application will be considered by the Council until a period of at least three years has passed from the date on which the vacation from office occurred. The determination of any such application will be in the absolute discretion of the Council. 30. Nomination of a Fellow as an Officer or Council Member shall be made in writing by two other Fellows or two Associates and shall contain the consent of the nominee. A Fellow may only consent to be nominated to one officer post. Nomination of an Associate as a Council Member shall be made in writing by two other Associates or Fellows and shall contain the consent of the nominee. Nominations shall be received by the Secretary by 15 January or the first working day thereafter in any year. The Secretary shall arrange for a secret postal ballot immediately thereafter, if required. The result of the ballot or the unopposed nominations, as the case may be, shall be announced at the Association's Annual General Meeting. 31. Officers and Council Members shall hold office for a period of one year. Officers and Council Members shall be eligible for re-appointment to the same position, save that the Chairman and Vice Chairman shall not be eligible for re-appointment if they have held their respective positions for a period of three consecutive years. 32. The Chairman of the Council and the Chairman of any sub-committee appointed by the Council shall have a second or casting vote in the event of an equality of voting. 33. The Council may from time to time appoint an assistant or deputy secretary, and any person so appointed may act in place of the Secretary if there be no Secretary or Secretary capable of acting. President and Vice Presidents 34. The Council may appoint a President and Vice President of the Association for such periods as the Council may determine. If Presidents and Vice Presidents are not already members of the Association, they shall be appointed Honorary members. No voting rights in the Association shall attach to the appointments of President or Vice President. Termination of membership 35. The Council shall have the power to fine, suspend or expel any member for failing to comply with these byelaws or the Association's Code of Conduct. 36. A member may terminate his membership by giving notice to the Secretary. 37. When a person ceases to be a member of the Association, any certificate issued to him by the Association shall, unless the Council otherwise consents, be returned to the Association. |
|
||||||||||||||||
|
||||||||||||||||||
 |
About Us | Find a Member | Become a Member | Members Forum | News | Events | Training | Publications | Rules | Links | Contact Us |
