Constitutions

NAME AND CONSTITUTION

  • The official name of the political party constituted by this document, hereinafter referred to as the “Constitution”, shall be the “True and Fair Party”, hereinafter referred to as the “Party”.

  • The Party may also use such other names as may be registered from time to time with the Electoral Commission and may also use informally such other names as may from time to time by deemed appropriate by the Executive Committee of the Party.

  • The Party shall be an Unincorporated Association to be governed in accordance with this Constitution, which shall take effect as the Rules of the Unincorporated Association.

     

AIMS

  1. The aims of the Party shall be:

    • To bring about constitutional changes in England and Wales to enable proper checks and balances, scrutiny, and accountability in political and public life.

    • To reform the electoral voting system to secure a fairer proportional representation model, to encourage voters who feel unserved by the present political system to vote in elections;

    • To support a broader range of people being elected to political office than is achieved by existing political parties;

    • To restore public trust in politicians and the England and Wales representative democratic system;

    • To upgrade the machinery of government and policy making so it is more effective, efficient, professional, accountable and represents better value for taxpayers and voters; and,

    • To influence politics and government to embody our nation’s values of respect, fairness, common-sense and compassion.

  2. In order to achieve such aims, the Party shall seek to secure the election of True and Fair Party candidates as Members of Parliament for constituencies in England and Wales.

  3. In addition, the Party may participate and campaign in any referendum, including but not limited to national, regional or local referendums in England and Wales.

  4. The Party may co-operate with other political parties, institutions and organisations for any purposes which are consistent with these aims.

     

ACTIVITIES

  1. The Party may undertake a wide range of activities to publicise, promote and inform the public of the Party’s aims, values, and policies.

  2. The Party may raise funds, including through subscriptions from members and supporters, donations from any legal or natural persons or the sale of merchandising, in compliance with applicable legal principles.

  3. The Party may in accordance with the applicable legal principles:

    • Employ and pay people to supervise, organise and carry out the Party’s aims;

    • Purchase, lease or rent property, goods and services necessary to carry out the Party’s aims; and,

    • Invest any monies of the Party not immediately required, in accordance with the Trustee Act of 1925.

  4. The Party may do all such other lawful things as are necessary for the achievement of its aims.

     

MEMBERSHIP

  1. Membership of the Party is open to all persons over the age of 16 years old who agree with its fundamental values and aims without discrimination as to ethnic origin, religion, disability, gender identity or sexual orientation.

  2. Members of the Party must treat others with respect and must not bully, harass or intimidate any Party member, member of staff employed to support the Party, Party volunteer, or member of the public. Such behaviour will be considered to be bringing the Party into disrepute for the purposes of Article 4.8.2.

  3. Members of the Party agree to be bound by this Constitution and any Rules or Code(s) of Conduct which may from time to time be made by the Executive Committee.

  4. Membership shall be acquired through the application process that shall from time to time be established by the Executive Committee or by any person or body to which that power has been delegated by the Executive Committee. An applicant shall become a member of the Party on acceptance by the Executive Committee or by any person or body to which that decision has been delegated by the Executive Committee, payment by the applicant of the requisite subscription and registration of the membership by the Party.

  5. The Executive Committee shall from time to time set such annual subscription fee(s) as it deems appropriate and may define and set differential subscriptions for different categories of membership as it may from time to time it deems appropriate.

  6. Membership may be refused by the Executive Committee or by any person or body to which that decision has been delegated by the Executive Committee on one of more of the following grounds:

    • Evidenced conduct which, in the opinion of the decision-maker, conflicts with the fundamental values and aims of the Party;

    • If admission of the applicant for membership would, in the opinion of the decision-maker, be likely to bring the Party into disrepute;

    • Membership of another political party in the UK;

    • Membership of an organisation or institution the aims or values of which have been declared by the Executive Committee to be incompatible with those of the Party; or,

    • Any other good reason.

  7. Any person whose membership application is refused shall have a right of appeal, which must be made in writing within 14 days of the applicant being advised of the refusal of their application, and which shall be dealt with in accordance with the appeal process which shall from time to time be established by the Executive Committee or by any person or body to which that power has been delegated by the Executive Committee.

  8. Membership may be revoked by the Executive Committee or by any person or body to which that decision has been delegated by the Executive Committee, including on application for renewal of membership, on one of more of the following grounds:

    • Evidenced conduct which, in the opinion of the decision-maker, conflicts with the fundamental values and aims of the Party, including acting in breach of the Constitution or any Rules of the Party or Code(s) of Conduct made thereunder by the Executive Committee;

    • Conduct which, in the opinion of the decision-maker, has brought, or is likely to bring, the Party into disrepute;

    • Standing against the candidate of the Party in any election to public office;

    • Membership of another political party in the UK;

    • A breach of the standards set out in Article 4.2;

    • Discrimination against another person on the basis of a protected characteristic as defined in the Equality Act 2010; or,

    • Any other good reason

  9. Save in circumstances which are deemed exceptional by the Executive Committee, membership shall not be revoked under this Article unless the member in question has been notified of the grounds on which revocation is being considered and has been given a reasonable opportunity of reply.

  10. The Executive Committee or any person or body to which that power has been delegated by the Executive Committee may suspend membership while revocation is being considered.

  11. Any person whose membership is revoked or suspended shall have a right of appeal, which must be made in writing within 14 days of the applicant being advised of the revocation or suspension by the Party, and which shall be dealt with in accordance with the appeal process which shall from time to time be established by the Executive Committee or by any person or body to which that power has been delegated by the Executive Committee.

  12. Membership shall be automatically terminated if the renewal subscription is not received within two months of the due date for payment.

  13. A register of members shall be maintained by the Party, the officers of which shall ensure that the information contained therein is not disclosed to any person other than for the proper purposes of the Party in compliance with the Party’s data protection obligations.

 

THE EXECUTIVE COMMITTEE & PARTY OFFICERS

There shall be established a body known as the Executive Committee which shall be the Party’s management committee and shall be responsible for ensuring that the Party achieves its stated aims.

The Executive Committee shall be responsible for managing the Party’s funds and for its structure, publicity and strategy, including finalising and approving the Party’s manifesto for elections and other statements of the Party’s policies as being in accordance with the fundamental values and aims of the Party.

 

POWERS OF THE COMMITTEE

  1. In furtherance of the Party’s aims, the Executive Committee may in accordance with the applicable legal principles:

    • Raise funds, invite and receive contributions from and enter into transactions with any legal or natural person subject to the requirements of the Political Parties, Elections and Referendums Act 2000 and any other applicable legislation;

    • Employ and pay staff to carry out roles consistent with the Party’s aims, including to secure compliance with its legal obligations. In the event that the Party employs staff or engages contractors, the Executive Committee will appoint a

      suitable person Executive of the Committee as the principal line manager or contract manager on behalf of the Party;

    • Purchase, lease or rent such real or personal property deemed necessary to the carrying out of the Party’s aims and make arrangements for the management of any such property;

    • Invest any monies of the Party not immediately required in accordance with the Trustee Act 1925;

    • Enter into contracts for the supply of goods, employment and services;

    • Undertake any activities required to ensure compliance of any limited company incorporated in furtherance of the Party’s aims with its legal obligations, including under the Companies Acts;

    • Establish, suspend or disband such subcommittees, constituency associations, branches or organisations of the Party as it considers necessary, subject to the requirement that such decisions must be confirmed in writing by the Party Chairperson in accordance with such Rules as the Executive Committee may make from time to time; and,

    • Make or amend from time to time such Rules or Code(s) of Conduct as it deems appropriate for the efficient conduct and administration of the Party, including for the selection of candidate for election and for the convening and conduct of Party meetings, and for the discharge of its legal obligations and its responsibilities under the Constitution.

       

  2. The Executive Committee shall have the power to borrow money for the general purposes of the Party and to secure any monies borrowed in such a manner as it thinks fit upon the assets of the Party, provided always that the total amount of monies borrowed shall not exceed such amount as may from time to time be determined by the Executive Committee.

     

  3. The Executive Committee shall have the power to establish a company limited by guarantee to acquire, hold and dispose of such assets of the Party as the Executive Committee may from time to time direct and to undertake such work as the Executive Committee may from time to time decide.

     

  4. Subject to the requirement that the Treasurer shall become a director upon their election, the Executive Committee shall have power from time to time to appoint and remove the directors of such a company, who will otherwise be appointed for a period of a year, provided always that the Executive Committee shall not so appoint any person holding any public office or office in the Party which may be incompatible therewith.

     

  5. The Executive Committee may by resolution proposed at a meeting convened for that purpose, duly seconded and passed by not less than two-thirds of the present and

    voting members of the Executive Committee indemnify the directors of such a company from any liability arising from decisions by the Party.

     

  6. To the extent permissible under law, the members of the Executive Committee shall be equally and severally liable for all assets, liabilities and obligations of the Party.

     

  7. The Executive Committee shall have power to make and from time to time vary Rules as to:

    • Membership of the Party;

    • Party elections, including of Party Officers and members of the Executive Committee;

    • Compliance with any statutory or regulatory provisions that are relevant to the Party’s activities; and,

    • Such other matters as it may consider necessary or desirable to give effect to or supplement the provisions of this Constitution.

       

  8. The Executive Committee may convene any Annual General Meeting, Emergency General Meeting or Conference of the Party as and when it considers appropriate. Such meetings shall be conducted in accordance with such Rules as the Executive Committee may from time to time establish.

  9. The Executive Committee may resolve to conduct a consultative ballot of all members of the Party on any fundamental question where, in its judgment, the values and aims of the Party are in issue or it is otherwise in the essential interests of the Party. The result of such a ballot shall not be binding on the Executive Committee.

  10. The Executive Committee may resolve to establish a process whereby members of the public may register their support for the Party’s fundamental values and aims without the requirement that such persons become members of the Party. The Executive Committee may decide what criteria should apply to that process, including the payment of any financial contribution to the Party.

  11. The Executive Committee shall be responsible for overseeing the Party’s compliance with external regulatory bodies, including the Electoral Commission and the Information Commissioner, in relation to the discharge of the Party’s legal obligations.

     

PARTY OFFICERS & COMMITTEE MEMBERSHIP

  1. The Party shall elect the Party Officers at its inaugural meeting to adopt this Constitution. Thereafter, the Party Officers shall be elected by the Executive Committee at each Annual General Meeting of the Party (the “AGM”). In accordance with the

    Political Parties, Elections and Referendums Act 2000, the Party Officers shall include the offices of:

     

    • Party Treasurer; and,

    • Party Nominating Officer.

       

  2. The Party Officers may include the offices of:

     

    • Party Secretary; or,

    • Party Campaigns Officer.

       

  3. The Party Leader, the Party Treasurer and the Party Nominating Officer shall become voting members of the Executive Committee automatically upon election. Further voting members may be appointed from time to time by the Executive Committee. Any such appointment shall be communicated in writing by the Chairperson.

     

  4. The Executive Committee may from time to time create and make appointments to such further posts as it deems necessary for the efficient exercise of its duties under the Constitution and to ensure compliance with its legal obligations. If such appointees are not already members of the Executive Committee, they may be appointed by the Executive Committee as ex-officio and non-voting members of the Executive Committee.

     

  5. All members of the Executive Committee must be members of the Party.

     

  6. If at any time the Party membership of a serving member of the Executive Committee shall be suspended, that member shall automatically be suspended from the Executive Committee and shall not be entitled to resume their place on the Executive Committee until such time as suspension of their membership is ended. If the Party membership of a serving Executive Committee member shall be revoked, that member shall automatically be expelled from the Executive Committee without the need for the Executive Committee to take any further action.

     

  7. The Executive Committee may expel or suspend any member from the Executive Committee if a resolution to that effect is proposed at a meeting convened for that purpose, duly seconded and passed by not less than two-thirds of the present and voting members of the Executive Committee, excluding the member in question. The following shall be grounds for expulsion/suspension:

     

    • Evidenced conduct which, in the opinion of the Executive Committee, conflicts with the fundamental values and aims of the Party, including acting in breach of the Constitution or any Rules of the Party or Code(s) of Conduct made thereunder by the Executive Committee;

    • Conduct which, in the opinion of the Executive Committee, has caused or is likely to cause the Party to be brought into disrepute;

    • Conduct which, in the opinion of the Executive Committee, amounts to breach of Article 4.2;

    • Discrimination against another person on the basis of a protected characteristic as defined in the Equality Act 2010;

    • Breaching Executive Committee or Party confidentiality;

    • Persistent failure to attend Executive Committee meetings without good cause;

    • Unbecoming conduct in the course of Executive Committee meetings; or,

    • Any other good reason.

       

  8. The member against whom such a motion is proposed shall be given no less than seven days’ written notice by the Party Chairperson of the proposed resolution and the date, time and place of the meeting to allow them to make representations to the Executive Committee, including by the presentation of written or oral evidence.

     

  9. If the member fails to attend the meeting without reasonable excuse the Executive Committee may proceed to deal with the resolution in their absence if it is of the opinion that it would be fair, just and reasonable to do so taking into account the circumstances of the case.

     

  10. Any member who is expelled or suspended under this Article shall have the right of appeal against the Executive Committee’s decision to an independent panel appointed by the Executive Committee, in accordance with such procedural Rules as the Executive Committee shall from time to time specify. The independent panel may consist of a single person.

     

  11. Should any member of the Executive Committee also be a director of any limited company incorporated in furtherance of the Party’s aims, their directorship shall automatically be terminated in the event they cease to become a member of the Executive Committee, regardless of the basis on which their membership of the Executive Committee has ceased.

     

  12. The resignation of a member of the Executive Committee must be made in writing and addressed to Party Chairperson. The resignation shall be minuted at the next meeting of the Executive Committee and those minutes shall be signed by the Party Chairperson and Party Leader next to the entry relating to the resignation.

     

  13. Should a vacancy on the Executive Committee, other than in the offices of Party Treasurer or Party Nominating Officer, occur between elections for whatever reason

    the Executive Committee may appoint a member of the Party to fill the vacancy until the next AGM.

     

MEETINGS OF THE COMMITTEE & QUORUM

  1. The Executive Committee will aim to meet monthly and, in any event, no less than 10 times a year. Meetings of the Executive Committee shall be convened and conducted in accordance with such Rules as shall from time to time be established by the Executive Committee.

     

  2. Meetings of the Executive Committee will be convened by the Party Chairperson or a member of the Executive Committee deputised to do so by the Party Chairperson. The Party Chairperson or their deputy will be responsible for making arrangements for the meeting including agreement of a convenient date, time and venue. Save for in exceptional circumstances, that person shall give no less than two weeks’ notice of the meeting to all Executive Committee members.

     

  3. Meetings of the Party shall be convened by the Party Chairperson or, in their absence, by a chairperson appointed for the purposes of that meeting by the Executive Committee.

     

  4. The quorum of the Executive Committee shall be five voting members or two thirds of the voting membership of the Executive Committee, whichever is the smaller number of people.

     

  5. The Executive Committee will take minutes of its meetings, recommendations and decisions, which will be signed by the Party Chairperson and Party Leader.

     

THE PARTY LEADER

  1. The Party Leader shall give political and administrative direction to the Party and shall be responsible for the development of the Party’s policies in consultation with the Executive Committee.

     

  2. The Party Leader shall have the right to:

    • Appoint a Party Chairperson, who shall be an ex-officio member of the Executive Committee and shall only be entitled to a casting vote at Executive Committee meetings;

    • Make or approve statements of the Party’s policies to be made by or on behalf of the Party; and,

    • Form such advisory groups as they deem necessary to enable them to discharge their functions under the Constitution.

  3. With the exception of the inaugural Party Leader, the Party Leader shall be elected by the Party in accordance with the Rules which shall from time to time be established by the Executive Committee.

     

  4. In the event of an immediate vacancy to the post of Party Leader, the Executive Committee will appoint an Interim Party Leader until an election to the post of Party Leader can be held.

     

  5. An election for Party Leader shall be called by the Executive Committee upon:

     

    • The Leader requesting an election in writing to the Executive Committee;

    • The Leader’s death or incapacity;

    • The resignation of or declaration of intent to resign by the Leader in writing to the Executive Committee; and,

    • A vote of no confidence in the Leader being proposed, duly seconded and passed by two-thirds majority of present and voting members of the Executive Committee and approved at an Emergency General Meeting (“EGM”) of the Party held for that purpose and in accordance with the Rules that shall be made from time to time by the Executive Committee.

       

  6. In the event of a vote of no confidence being proposed to the Executive Committee, the Party Leader shall be given no less than seven days’ written notice of the proposed vote and the date, time and place of the meeting to allow them to make representations to the Executive Committee, including by the presentation of written or oral evidence.

     

  7. If the Party Leader fails to attend the meeting without reasonable excuse the Executive Committee may proceed to deal with the vote of no confidence in their absence if it is of the opinion that it would be fair, just and reasonable to do so taking into account the circumstances of the case.

     

  8. In the event of a motion of no confidence in the Party Leader having been passed by the Executive Committee, an EGM shall be convened within 28 days of the motion being passed.

     

  9. In the event that the motion of no confidence is rejected at the EGM, elections shall be held in relation to any elected positions on the Executive Committee within three months of the date of the EGM.

     

  10. Upon the calling of an election for Party Leader, the Executive Committee shall publish a timetable for nominations, withdrawals, despatch and receipt of ballot papers and the holding of ballots and shall appoint a disinterested person or body to receive and count the ballot papers.

  11. Nominations for Party Leader must be of a member of the Party who must be proposed in accordance with the process specified from time to time by the Executive Committee and who must indicate acceptance of nomination. All members of the Party are eligible to stand for election as Party Leader.

     

  12. If there is only one valid nomination for the post of Party Leader the candidate so nominated shall be declared elected as Party Leader without the need for a ballot.

     

  13. The election shall be held with 90 days of the end of the Leader’s term of office.

     

  14. Upon election, the Leader shall hold office until their death, incapacity, resignation or the completion of an election called under this Article.

     

  15. THE PARTY TREASURER, NOMINATING OFFICER AND PARTY SECRETARY

     

    1. Upon their election by the Executive Committee, the Treasurer shall serve for a term of one year and shall, upon election, automatically be appointed as a director of any limited company established by the Party under Article 5.5. For the avoidance of doubt, a Treasurer may be elected to serve for two or more consecutive terms in office.

       

    2. The Treasurer will prepare annual accounts and present them at a meeting convened for that purpose by the Executive Committee.

       

    3. The Treasurer will be responsible for ensuring the Party’s compliance with its legal obligations, including under the Political Parties, Elections and Referendums Act 2000, in accordance with the Party’s Financial Scheme adopted on 24 September 2021.

       

    4. Upon election by the Executive Committee, the Nominating Officer shall serve for a term of one year. For the avoidance of doubt, a Nominating Officer may be elected to serve for two or more consecutive terms in office.

       

    5. In the event of a vacancy to the post of Party Treasurer or Nominating Officer prior to the AGM, the Executive Committee will appoint an interim Party Treasurer or Nominating Officer until an election can be held. In doing so, the Executive Committee shall be mindful of its obligation under the Political Parties, Elections and Referendums Act 2000 to notify the Electoral Commission of any change in its registered officers within 14 days of that change.

       

    6. The Party Treasurer and Nominating Officer may be required by the Executive Committee to submit reports at any AGM, EGM, meeting of the Executive Committee or other meeting of the Party as appropriate.

    7. Upon election by the Executive Committee, the Party Secretary shall serve for a term of one year. For the avoidance of doubt, a Party Secretary may be elected to serve for two or more consecutive terms in office.

       

    8. The Party Secretary shall:

       

      1. Act as Secretary to the Executive Committee;

         

      2. Formally convene meetings of the Executive Committee; and,

         

      3. Ensure appropriate records are kept of the meetings and business of the Executive Committee, including the taking, retention and distribution of accurate minutes.

         

CANDIDATES

  1. The Party shall have a candidate selection process which shall be established from time to time by the Executive Committee.

     

RESOLUTION OF CONFLICT

  1. There shall be a Party Dispute Resolution procedure whereby the Executive Committee shall appoint a panel, the jurisdiction, powers, composition (subject to Article 9.2) and procedure of which shall be in accordance with such Rules as the Executive Committee shall from time to time specify. The panel may consist of a single person.

     

  2. No person who has been substantively involved in any decision challenged by application to the panel shall be appointed to handle the case.

     

  3. Any Party member or officer whose matter is dealt with under a procedure established under this Article shall have the right of appeal against any decision of the panel to an independent panel appointed by the Executive Committee, in accordance with such procedural Rules as the Executive Committee shall from time to time specify. The independent panel may consist of a single person.

     

COMPLAINTS PROCEDURE

  1. If a complaint is brought against a member of the Party it shall be dealt with by the Executive Committee or a body established by it to deal with complaints, including the panel established under Article 9.1 if considered appropriate by the Executive Committee.

  2. The Executive Committee shall have power, after appropriate consultation, to make and from time to time vary procedures for the handling of complaints, including an appeals process.

     

AMENDMENTS TO THE CONSTITUTION

  1. Save where an amendment is required to ensure urgent compliance with the Party’s legal obligations, amendments to this Constitution shall only be made if proposed, duly seconded and approved by a two-thirds majority of present and voting members of the Executive Committee at a meeting convened for that purpose.

  2. Save where an amendment is required to ensure urgent compliance with the Party’s legal obligations, such amendments shall come into force seven days after the result of such an affirmative vote is declared.

     

DISSOLUTION OF THE PARTY

  1. The Party may be dissolved by a Special Resolution being proposed, duly seconded, and passed by a majority of not less than two-thirds of the present and voting members of the Executive Committee, with the Party Chairperson having a casting vote.

     

ADOPTION

  1. This Constitution was adopted by the Party on [insert] October 2021.