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876   28 November 2003    [ Updated 24 February 2004 ]

A new profession
is born...

In late November 2003, in Swansea, the new profession of Public Advocate was born.  I predict that this will rise in the 21st century, as the "barefoot advocates" of Europe, challenging the mainstream legal professions for their lucrative monopoly of the advocacy sector, and giving to ordinary people the right to be heard.

NB Subsequently, on 21 February 2004, the Council of the College decided to abandon the title Public Advocate, and adopt the name Questor, seeking to carve out a new image, a new role, for a profession with a new name.

This is the Constitution of the College of Questors - we welcome supporters from all quarters, who see the advantages of developing within UK society this third profession of para-legal professionals -

Mobile  079-6817-7564  E-mail  questors@warrenevans.net

1. Formation  There shall be formed a members’ association to be called the “College of Questors” (hereafter, “Association”).

   2.  The objects of the Association shall be –

   (a)  To establish, develop and promote the professional role of “Questor”, being the practice of informing, assisting, advising, and where appropriate representing, those in need of these services in any civil matter howsoever arising, whether between citizens, or between the citizen and any public agency or service; 

   (b)  To determine the professional functions which may properly be discharged by a person having the qualification of Questor and permitted by the Association to bear the style and title of “Questor”; 

   (c)  To secure all necessary academic validation for the qualifying and continuing educational qualifications necessary for the proper discharge of the function of Questor; 

   (d)  To arrange, or to authorise and assist with the arrangement of, all educational and training courses necessary for the purpose of qualifying as a Questor; 

   (e)   To conduct, or to authorise the conduct of, all examinations and other validation appropriate for the purpose of assessing individual ability, skill and knowledge of those seeking the qualification of Questor; to award to successful candidates the right to bear the style and title of “Questor”; and to take such action as shall be within its powers to ensure that the use of the title of “Questor” is limited to Association Members, and is not otherwise deployed; 

   (f)    To adopt a Code of Conduct for the purpose of regulating the professional performance and standards of Questors, for contractual acceptance by those seeking the qualification of Questor, to include powers of suspension and exclusion; 

   (g)  To further public understanding of the role of the Questor in society, its functions, responsibilities and duties.

3.  Membership   Membership of the Association shall be open to all those accepting the terms of the Constitution and admitted to membership by the Council of the College; provided that the Association in general meeting may create different categories of membership and assign to each category such functions and rights as it may determine, as well as obligations including the payment of membership subscriptions.

4.  General Meeting   The Association shall meet in general meeting of all members at least once in each calendar year, in the second calendar quarter of each year (“Annual General Meeting”, or “AGM”), save that the first AGM may be deferred to the year 2005;  the AGM shall appoint not less than three nor more than twelve of its members to constitute a managing Council (“the Council”), and the Council shall be entitled to exercise all powers of management under this Constitution, save where expressly reserved to the Association in general meeting; members of the Council shall hold office until the end of the next following AGM; the Association may meet in general meeting at any other time if convened in accordance with this Constitution; the AGM shall consider the Association’s audited Accounts for the preceding financial year, and shall determine all categorisation and terms of Association membership; and the Founding Meeting may exercise all the powers of an Annual General Meeting, as conferred by this Constitution.

• NB An initial Council has been elected, and an annual Membership Fee of £5 decided upon.

5.  Functions of Council  The Council shall appoint from its members a Chairman, Secretary and Treasurer, and may appoint such other Officers and Committees as it considers appropriate for the conduct of Association business; and without prejudice to the generality of the foregoing, the Council may – 

a)    Open and manage Bank Account/s on behalf of the Association, provided that in the management of any such account there shall always be required two authorised signatories;

b)    Coopt Association Members to membership of the Council, subject to their submitting to appointment by the next following general meeting;

c)     Employ full-time or part-time staff, including members of the Association and make all payments reasonably relating thereto, including pension contributions;

d)    Take on lease or other proprietary arrangement such accommodation as may be required for the conduct of Association business;

e)    Reimburse all expenses actually and reasonably incurred in the conduct of Association;

f)      Procure all appropriate fidelity insurance for employees and for  Council members notwithstanding their voting participation; 

g)    Convene a general meeting of the Association.

6.  Secretary    It shall be the responsibility of the Secretary –

 (a)    To maintain proper records of the proceedings of the Association;

(b)    To give such notices as may from time to time be required; provided that the Secretary shall serve notice of a special general meeting if requisitioned in writing by no less than five current paid-up members of the Association, specifying the terms of any Resolution to be submitted to the general meeting;

7.  Treasurer   It shall be the responsibility of the Treasurer – 

a)    To maintain proper accounts of all the Association’s transactions;

b)    To maintain a running record of all paid-up members of the Association;

c)     To open and manage the Association’s Bank Account/s;

d)    To prepare annual accounts and to have them audited as required by the Council;

e)    To submit audited annual accounts to the AGM;

f)      To advise the Association on its tax liabilities.

And for the avoidance of doubt, the Association’s financial year shall terminate on 25 March in each calendar year;

8.  Votes, Quorums 

a)    All meetings of the Association (whether general, Council or Committee) shall decide by simple majority of those attending and voting; provided that in all cases, in the event of an equality of votes, the chairman shall have a second and casting vote; 

b)    The quorum for a general meeting shall be five, and for a Council or committee meeting, three.

9.  Notices   Unless otherwise authorised by the Council, seven clear days’ notice of all meetings shall be served upon those entitled to attend; provided that in the case of a general meeting at least 21 days’ written notice shall be given. 

10.  Proper Law   This Constitution shall be subject to English law, and shall be construed according to English law. 

11.  Amendment, Termination  This Constitution may be amended, and the Association dissolved, by decision of the Association in general meeting, provided that the wording of any such Resolution shall be circulated with Notice of the meeting; and if upon dissolution there should remain any surplus, it shall be devoted to such relevant professional charity or charities as the meeting may at its absolute discretion may determine.

End   Amended and adopted at Swansea
Saturday 21 February 2004

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