Contractors Mechanical Plant Engineers Constitution and Rules
Updated June 2017, from the 2017 Annual General Meeting
Updated June 2018 from the 2018 Annual General Meeting
Constitution and Rules
Aims of the Association
“The C.M.P.E is an Association concerned with all aspects of the mechanical plant used in the construction industries. The objectives of the Association are to broaden the scope of knowledge of such plant and its application and by placing the corporate knowledge of its members at the disposal of any section of the industry, make a worthwhile contribution to the understanding and more effective employment of plant wherever it is used”
Certificate of Competence
To promote the safer use of plant the C.M.P.E. introduced and operates the Plant Operator’s Certificate of Competence.
Constitution and Rules
1- Title and Address
(a) The name of the Association shall be “The Contractors’ Mechanical Plant Engineers”.
(b) The Address shall be as designated from time to time.
2- Aims and Objectives
The objectives of the Association shall be
- To provide members with facilities for meeting together in congenial circumstances to discuss matters affecting their interests in mechanical plant.
- To keep members informed of developments in contractors’ plant.
- To further the common interests of members.
- To do all such other acts and things as may be incidental or conductive to the above objectives.
3- Membership including Corporate Membership
Membership of the Association shall be open to individuals employed in connection with mechanical plant, and companies or authorities in
(i) The building, Public Works and Civil Engineering Industries.
(ii) The Contractors’ Plant Hire Industry.
(iii) The Contractors’ Plant Manufacturing Industry.
(iv) The Contractors’ Plant Service Industry.
3, (b) Election to Membership
Election to membership will be in the hands of the Branch Committee. A Corporate or Individual candidate for membership must be proposed and seconded by TWO members of the branch, both of whom must be personally acquainted with the candidate and vouch for their qualification.
Every person elected to membership including Corporate Members shall be bound by the Constitution and rules of the Association.
(d) Corporate Membership
No Corporate Membership will have any voting rights at National or Branch level.
No Corporate Membership can serve on National or a Branch Committee.
Any attendee from a Corporate Member can apply for full individual membership of the association in their own right and must pay the full individual membership fees.
Members shall be entitled to transfer between branches at the discretion of the receiving Branch Committee.
5- National Power: Powers and Functions
(a) National Council Constitution
There shall be a National Council of the Association consisting of the National Chairman, National Vice Chairman/Chairman-elect, Honorary national Treasurer, National Registrar for the Plant Operator’s Certificate of Competence Scheme, Immediate Past Chairman, and ONE member from each Branch Committee. This member is to be nominated annually by the respective Branch Committee and the name notified to the National Secretary not later than 1st of June each year.
In the case of a member of the National Council having to retire, or in the case of death, the National Council shall immediately require the Branch Committee concerned to make a nomination for the replacement. When, however, the member is prevented from attending due to some temporary reason, that Branch Committee may arrange for the Branch to be represented by another member of the Branch Committee, but such a representative shall not be eligible to accept nomination for election to any of the Offices of the National Council.
Each Branch shall be entitled to one vote only to be expressed on its behalf by the appointed National Representative, or, at the discretion of the Branch Committee, by a member appointed temporarily to represent the Branch on his/her behalf due to his/her unavoidable absence. The only exception to the principle of “one vote per branch” shall be that the National Chairman, or a member of the National Council appointed by the Council to chair the meeting of the National Council on his/her behalf due to his/her unavoidable absence, may, in the case of a tie, cast one deciding vote.
5, (b) Election of Officers
The National Council shall, from among themselves and from among any past Chairmen of Branches who may be nominated by a National Council member, elect in the first place a Chairman who shall be National Chairman of the C.M.P.E and Chairman of the National Council, and a Chairman-elect who shall be Vice-Chairman, The Chairman Shall serve for one year only, and the Chairman-elect shall automatically become Chairman. However, the National Chairman and the Vice-Chairman may be invited to continue in office for up to a period of two years, subject to a vote and endorsement at National Council.
The retiring National Chairman shall remain, ex-officio, a member of the National Council for the year following his retirement. The National Council shall also elect annually from amongst themselves and from any Past Chairmen of Branches who may be nominated by National Council members an Honorary National Treasurer, a National Registrar for the Plant Operator’s Certificate of Competence scheme and a Marketing and Public relations Manager.
The election of the Vice-Chairman/Chairman-elect, of the Honorary National Treasurer and the National Registrar for the Plant Operators Certificate of Competence scheme for the coming year shall be carried out at the last meeting of the existing National Council prior to 31st March each year, such officers to take office at the National Annual General Meeting following their election, and, at the meeting, the serving National Vice-Chairman/Chairman-elect shall take office as National Chairman. The election of all Officers of the National Council shall be done by secret ballot.
5, (c) Meetings, Notice and Quorum
The national Council Shall Meet at least THREE times a year, 21 days’ notice of such meetings shall be given by the National Secretary in writing or where possible by electronic communication, with the Agenda stating the business of the meeting. Four members, excluding National Officers, shall form a quorum. Minutes of the proceedings shall be taken and circulated to all members of the National Council.
5, (d) Overall Direction
The National Council shall be responsible for the overall direction of the Association’s affairs, and shall have power to raise by levy on all Branches sums as may from time to time be required for the central fund.
The National Council shall have the power to appoint ONE of its number to any office which may become vacant.
The National Council may appoint a National Secretary.
The National Council shall have the power to elect sub-committees and appoint Committees to deal with any matters that the National Council thinks fit.
The National Council shall form a committee with the sole purpose of running the Certificate of Competence scheme (COC, Safety Awareness, Assessment etc). This committee will have three or four members, one of whom will be the National Registrar. All will be knowledgeable on the subject, willing to work and push the certificate to the forefront. This committee will have executive powers to make all decisions regarding the scheme, its promotion, lobbying of industry, changes in paperwork and ensuring it conforms to all legislation etc. Reporting to the National Executive on a regular basis to keep them informed of its progress. Once again Branches and individuals can have input direct to this committee, but their decision is final.
The National Council shall form a working committee of two persons to do the promotional material and advertising. Their duties will involve carrying out anything that the National Executive or COC Committee wishes to advertise or put in to the press, liaise with the national industry journals to build up some form of rapport so that whenever we need publicity we get it. Reporting direct to the National Executive. Branches and individuals will again put forward ideas on advertising, promotions and press via the National Executive who will then issue directives.
All members of the new committees will remain in their respective positions for three years. However, if at the A.G.M. members feel that the committees should be restructured or individuals be replaced for any particular reason, then this will be done through a proposal and voting procedure.
The National Council shall have the power to co-opt to its membership not more than FOUR persons from within the Association who, by virtue of their ability or special knowledge or experience, may be of benefit to the National Council.
5, (e) Removal of Officers
The National Council shall have the power to order the removal from office of any National or Branch Officer who, in the opinion of the National Council, is in breach of the duties invested in the Officer by the rules governing the various offices. Before any Officer is removed from office, they shall be given 21 days’ notice by the National Secretary to appear before a meeting of the National Council and be given the opportunity of hearing and answering the complaints made against them. Notice of such intended action shall be stated in the Agenda for the meeting.
5, (f) Disbandment of Branches
A Branch may be disbanded by the National Council if such Branch
(i) Be guilty of conduct not in accordance with the principals of the association.
(ii) Infringe the Constitution and Rules of the Association.
Before any such Branch is disbanded it shall be given 21 days’ notice by the National Secretary to send not less than TWO Officers to a meeting of the National Council, and no Branch shall be disbanded without first having the opportunity, through such officers, of appearing before the National Council and answering the complaints made against the Branch. Notice of such intended action shall be stated in the Agenda for the meeting.
In the event of a Branch being disbanded for the foregoing or any other reason, the whole of the assets shall be paid or made over to the Central Fund for the purposes of the Association.
5, (g) Disputes
The National Council shall have the power to decide all disputes between members, between Branches, between Branches and members and between the Association and any member or members.
5, (h) Branch Literature
The National Council shall have the power to require any Branch to submit, for approval, any leaflet or other literature prepared by the Branch for issue to persons other than members of the Association, or for appearance in any publication other than an official publication of the Association.
6- Branches: Powers and Functions
The Association shall be divided into Branches. The National Council shall have the power to establish a new branch on receiving a written request for the foundation thereof from a reasonably practicable number of applicants eligible for membership (excluding possible transfers from other established Branches) Subject to: –
(i) Neighbouring Branches having been consulted and there being no objection from those Branches which, in the opinion of the National Council, would render the formation of the new branch either unnecessary or undesirable; and
(ii) The attendance at a meeting at a meeting deemed to be an inaugural meeting of the new Branch of a least ONE National Officer or elected member of the National Council, who shall advise National Council whether, in their opinion, formation of the new Branch would or would not, be an asset to the Association;
(iii) The name of the Branch upon establishment, and any subsequent changes therein, shall be at the discretion of the Branch, but always subject to National Council’s approval.
6, (b) Management
The management of all matters relating solely to the affairs of any Branch shall, be subject to Rule 5 (d) to (h) be vested in the Committee consisting of the Officers and not less than THREE other members, to be elected annually at the Branch Annual General meeting.
The Officers of the Branch shall be a Chairman, Vice-Chairman (who shall be Chairman-elect), Honorary Secretary, Honorary Treasurer, Honorary Social Secretary, Honorary Liaison Officer and a Branch Registrar for the Plant Operator’s Certificate of Competence scheme. The retiring Chairman shall, ex officio, be a member of the Committee during the year following his retirement.
Where it is not possible to elect the required number of officers and committee members, the number elected will notify the national council that a full committee could not be formed and run the affairs of the branch in such a manner as to comply with the rules and regulations of the association.
The Branch Committee shall have the power to elect Sub-Committees and appoint Committees to deal with any matters it thinks fit. Each Sub-Committee shall elect its own Chairman.
The Branch Committee shall have the power to co-opt to its members not more than TWO persons from within the Branch who, by virtue of their ability or special knowledge or experience, may be of benefit to the Branch Committee.
The Branch shall have the power to expel any member who shall offend against the Constitution and Rules or whose conduct shall, in the opinion of the Branch Committee, render them unfit for membership. Before any such member is expelled they shall be given 21 days written notice by the Branch Honorary Secretary to attend a meeting of the Branch Committee, and no member shall be expelled without first having an opportunity of appearing before the Branch Committee and answering the complaints against them, without prejudice to Rule 7 (b). FIVE members of the Branch Committee shall form a quorum.
6, (c) Duties of Branch Officers
The Branch Honorary Secretary shall, subject to the control of the Committee, conduct the correspondence of the Branch, maintain the register of members and minutes the proceeding of the Committee and the Annual and Extraordinary General Meeting. The Honorary Secretary shall also be responsible for keeping the National Secretary of the Association informed of the Changes to membership.
The Branch Honorary Treasurer shall, subject to the control of the Committee, keep the accounts of the Branch and be responsible for all receipts and payments, but all cheques shall require the signature of the Branch Honorary Treasurer and or either the Branch Chairman or the Honorary Branch Secretary. The Honorary Branch Treasurer shall also be responsible for remitting to the Honorary National Treasurer of the Association all Entrance Fees and half of the Annual Subscriptions by the 30th June each year and all subsequent Entrance Fees and Annual Subscriptions from all new members are to be remitted every three months.
The Honorary Treasurer shall prepare accounts of the Branch’s income and expenditure for every year ending 31st March and shall submit such accounts, duly audited and certified by the Honorary Auditors, first to the Branch Committee and then for approval at the Branch Annual General Meeting. A copy of such accounts shall be forwarded to the Honorary National Treasurer not later than 31st May.
The Branch Honorary Social Secretary shall, subject to the control of the Committee, be responsible for arranging the Branch functions.
The Branch Honorary Liaison Officer shall, subject to the control of the Committee, be responsible for the liaison with other Branches and for the compilation and issue of Branch Newsletter to Branch members, the National Chairman and Vice-Chairman/Chairman-elect and the Honorary Liaison Officers of all other Branches.
The Branch Registrar for the Plant Operator’s Certificate of Competence scheme shall deal with all matters relating to the issue of applications for certificates and, on receipt back, will check them for correctness before submission to the National Registrar.
6, (d) Branch Annual and Extraordinary General Meetings
An Annual General Meeting of the Branch shall be held no later than May in every year for the purpose of receiving from the Committee their reports and accounts for the preceding financial year. The Annual General Meeting shall also elect Officers, The Committee and TWO Honorary Auditors by secret ballot TWO scrutineers shall be appointed to count votes.
The Branch Committee may at any time call an Extraordinary General Meeting and they should always do so forthwith upon the requisition in writing, of a reasonably practicable number of members, stating the purpose for which the meeting is requested. The national council shall deem what is a reasonably practicable number.
6 members present at any Branch Annual or Extraordinary General Meeting shall form a quorum.
6, (e) Guests
Members may invite guests to any meeting of their Branch (other than an Annual or Extraordinary General Meeting) but such admittance shall always be at the discretion of the Branch Committee.
- Entrance Fee
The Entrance Fee shall be nil for the time being and may be varied only by resolution of the National Council.
7, (b) Annual Subscription
The annual subscription shall be decided by the National Council. The first subscription, together with the Entrance Fee shall be payable on admittance, and the receipt thereof by the Branch Honorary Treasurer shall give effect to the membership of the Association. Members elected on or after the 1st October in any full year shall be liable to pay the Entrance Fee in full, but only half of the Annual Subscription for such year. Any member having retired from business and wishing to continue membership of the Association may do so, subject to the discretion of the Branch Committee, on payment of a reduced subscription of half of the Annual Subscription. All subsequent Annual Subscriptions, for which an official receipt in the form of a membership card be issued, shall be payable in advance on 1st April. Any member whose subscription has not been paid by 31st May will ipso facto, cease to be a member of the Association.
7, (c) Central Fund
There shall be a Central Fund which shall consist of all monies received or raised by the National Council for the general purpose of the National Association.
7, (c1) That the Association is ‘Not for Profit’ body.
No surpluses from the certificate of competence are distributed to the branches (after the Branch Levy payment) and they are applied solely to the supply and continuance of the supply of the Certificates.
7, (d) Honorary National Treasurer
The Central Fund shall be in the keeping of the Honorary National Treasurer for the time being who shall pay into the banking account of the Association all monies received. Subject to the control of the National Council the Honorary National Treasurer shall have the power to invest any part of the Central Fund not currently required for disbursement. The financial year of the Association shall commence on the 1st April of any year and terminate on 31st March of the following year, when the Honorary National Treasurer shall prepare a Statement of Accounts to be submitted to the National Council, and then for approval at the time of the Annual General Meeting. Such Statement of Accounts shall be certified by independent qualified accountants prior to submission to the National Council.
The Honorary National Treasurer shall be involved an ALL transactions involving the Central Fund.
7, (e) Appointment of Independent Accountants.
The appointment of Independent Accountants shall be by resolution at the Annual General meeting.
7, (f) Payments made by the National Treasurer
The National Treasurer may make payments drawn from the Central Fund by electronic transfer on receipt of written authorisation, by emails, from the National Chairman, National Vice Chairman or the Immediate Past National Chairman.
7, (g) Expenses
The National Secretary, the National Officers and other members of the National Council shall be entitled to be repaid out of the Central Fund their reasonable traveling and subsistence expenses incurred in connection with National Council business.
8- Annual and Extraordinary General Meetings
Every year there shall be held an Annual General Meeting open to all members of the Association, and this meeting shall be held in May or June of each year. Notice of the date of the meeting shall be given at the previous Annual General Meeting. Resolutions which are to be placed on the Agenda shall be submitted to the National Secretary of the Association SIX weeks before the date of the Annual General Meeting of the Association.
The national Council may at any time call an Extraordinary General Meeting of the Association and they shall always do so forthwith upon the requisitions in writing of any 20 bona fide members, stating the purpose for which the meeting is required. 12 members personally present shall form a quorum of any Annual General Meeting or Extraordinary General Meeting of the Association. 30 days’ notice of such meeting shall be given.
The following shall be sent to all branch secretaries and all national officers at least 30 days before the date of any Annual General Meeting or Extraordinary Meeting of the Association. By electronic communication, for distribution to branch members.
(i) Notice of Meeting.
(ii) Agenda showing the business to be transacted at the Annual General Meeting or Extraordinary General Meeting and in the case of any Annual General Meeting the following shall be sent in addition to the above.
(iii) A copy of the Minutes of the previous Annual General Meeting and a copy of the Minutes of any Extraordinary Meeting held since the previous Annual General Meeting.
(iv) A copy of the Income and Expenditure Account and the Balance Sheet made up to the previous 31st March, are duly prepared by the Independent Accountants.
(v) A concise and edited copy of the Annual General Meeting minutes. Which have been approved by the National Chairman and National Vice Chairman, are to be available on the web site, within 60 days after the Annual General Meeting. A full copy always to be available to CMPE members from the National secretary.
9- Powers of Chairman
The Chairman of any meeting of any Branch or Sub-Committee of the Association shall, in the case of equality of votes on a show of hands, be entitled to a second vote.
10- Life Membership
The Annual General Meeting of the Association may appoint any person who has rendered exceptional service to the Association to be a Life Member of the Association.
The retiring National Chairman shall be made a Life Member of the Association at the National Annual General Meeting immediately following his retirement from Office.
11- President and Life President
The Annual General Meeting of the Association may appoint annually a President and Vice-President, or a Vice-President of the Association and these persons may be eligible for re-appointment.
12- Service of Documents
Any notice or documents may be served by the Association on any member either personally or by sending it through the post in a prepaid letter addressed to such member at the registered address as appearing in the Register of Members. Any notice or document if served by post shall be deemed to have served at the time when the letter containing same is put into the post office.
13- Alteration to Rules
These Rules may be added to, repealed or amended by Resolution at any Annual General Meeting or Extraordinary General Meeting of the Association, properly convened in accordance with Rule 8.