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The
name of the Association shall be:
THE ASSOCIATION OF
REGULATED IMMIGRATION ADVISERS
Article
1: NAME
THE ASSOCIATION OF REGULATED IMMIGRATION ADVISERS
Hereinafter in this document called “The Association”.
The Association will have an Acronym known as ARIA. This Acronym may be
used only to describe The Association when is clear this Association is
the subject.
The Aims of the
Association shall be:
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To promote the image
and professionalism of all regulated immigration advisors;
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To provide the general
public with a symbol that the organisation with which they are
dealing is recognised as professional, creditable, providing a quality
service and good value.
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To promote membership to all organisations eligible to join the
Association;
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To provide information
to its members in regard to news, information and a focus of resource
facilities;
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To regularly
communicate with all members
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To build a partnership
and improve communication between other recognised immigration bodies,
organisations and institutions;
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To provide a focus for
discussion with the Office of Immigration Services Commissioner;
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To provide a means of
securing recognition and engaging in discussion and consultation with
the Home Office and other establishment bodies;
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To promote the rights
of the Association’s members and express their views and concerns;
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To monitor the
Association, it’s work, finances and membership.
Article 3:
POWERS
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The Association shall
have the power to initiate and maintain its business in accordance with:
-
It’s aims;
-
The best interests of
the membership;
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The efficient and
economical operation of the Association;
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Purchase goods,
equipment and effects for the benefit of the Association and its
efficient operation;
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Employ staff;
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Appoint professional
individuals required to deal with any statutory obligations imposed on
the Association for it’s effective, efficient, statutory operations or
other operations.
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Instigate any
statutory obligation imposed upon it necessary to operate the
Association;
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Conduct business on
behalf of the membership;
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The operation of an
agreed membership Disciplinary Procedure.
Article 4:
MEMBERSHIP
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Membership of the
Association will be open, irrespective of Politics, Nationality, Religion,
Sex, Sexual Orientation, Race or Creed to:
Membership of the
Association will be by Regulated Organisation. All Immigration Advisers
of 18 years or over and qualified by means of their Regulated status
within the Regulated Organisation and who are named as being Advisers, at
their respective ‘level’ 1, 2 or 3, within their Regulated Organisation,
may be Members of the Association, with the exceptions stated in Article
5.
Members must conduct
themselves in a reasonable manner at all times and in keeping with the
‘Rules’, ‘Roles and Responsibilities’, ‘Terms of Office’, ‘Equal
Opportunities’, ‘Code of Conduct’ and ‘Minimum Standards’ of the
Association associated with this Constitution.
At
General Meetings, Special General Meetings and Annual General Meetings,
only Members present at such Meetings will be eligible to vote at that
Meeting.
At
Committee Meetings, only Committee Members present will be eligible to
vote at that Committee Meeting.
Article 5: EXCEPTIONS
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Organisations and persons excluded from membership by decision of the
members or the Associations Disciplinary Committee appointed within the
Committee, on the grounds of misconduct, unprofessional behaviour,
inappropriate behaviour in accordance with the aims of the Association and
their individual or corporate unlawful action.
Member
Organisations and Members of those Organisations who are excluded from
membership on the basis of disciplinary action by the Association that has
been in accordance with the agreed Disciplinary Procedure and the member
having been provided with a ‘right of reply’ in accordance with the
process of natural justice for those affected.
The
Association will not have political preference. Membership will not be
permitted for a political activist/s or their political party, or any
politically funded organisation.
Organisations and Members of those Organisations who are excluded from
membership on the basis of good and sufficient reason having been
disclosed to the Membership and ratified by majority vote of the
Membership of the Association at AGM.
Article 6: OFFICERS
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The
Association will have in accordance with the Terms of Office the following
Officers:
All
Officers shall themselves be Regulated Immigration Advisers and Members of
the Association.
CHAIRPERSON: to be; elected by the Committee and will be elected or
re-elected by the Committee at the first Committee meeting after each
AGM.
The Chairperson will
take charge of all Meetings (as defined in this document) and other
official gatherings of the Association
SECRETARY: to be; elected from the Membership or appointed by
virtue of ability and agreement, re-election or re-appointment to be
considered every third AGM.
The
Secretary or their appointed proxy, will be responsible for the running of
the Association, keep true and accurate minutes and/or maintain a minute
book of all proceedings and meetings entered into or attended by the
Committee in the enactment of its duties.
TREASURER: to be: elected from the
Membership at every third AGM.
The
Treasurer will keep proper records of the financial position of the
Association.
No
person may hold more than one ‘Officer’ position.
The
Treasurer will be aware of and act in accordance with Article 10 of this
Constitution.
The Committee may
appoint and dismiss and fix the remuneration of Staff and Officers as may
in their opinion be necessary and to run the Association in a professional
manner.
In order to ensure the
Association is managed and operated on a continually professional basis it
will not wholly rely on volunteers carrying out the day-to-day operations
of the Association or the facilities for the benefit of the membership.
The Committee may
determine which, if any, persons employed by, or seconded to, the
Association shall be invited in a non-voting capacity, to attend any
meeting of the Association.
The committee shall
consist of no less than 5 Members and no more than 9 MEMBERS of the
Association and must include the SECRETARY and TREASURER.
The Committee will be
responsible for the effective and efficient running of the Association in
accordance with the aims of the Association.
Committee members must
conduct themselves in a reasonable manner at all times and in keeping with
the ‘Rules’, ‘Roles and Responsibilities’, ‘Terms of Office’, ‘Equal
Opportunities’, ‘Code of Conduct’ and ‘Minimum Standards’ of the
Association associated with this Constitution.
The Committee will
appoint 3 of its members who will be the Disciplinary Committee of the
Association and operate within the Disciplinary Procedure of the
Association and as in the Rules and Code of Practice.
Article 9: TERMS OF OFFICE
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The
Committee will be elected/re-elected as per the following:
Officer and Committee Member positions fall for election/re-election every
three-year period.
Members elected at AGM hold a Committee position for three years and then
are eligible for re-election.
Vacancies arising may be filled by the co-opting of members in good
standing, to the Committee by simple majority vote of the Committee.
General Meetings of the Membership may be called by the Chairperson when
and where it is their opinion it is prudent to do so.
The
Committee have the power to co-opt additional members to the Committee by
majority vote of the Committee. Co-opted Committee member/s will have the
same status as ordinary Committee Members. Co-opted members will serve
until the next Annual General Meeting, where they must step down to be
nominated for election or co-option.
The
role of the Committee is to discuss policy decisions, to discuss events
that are to take place, and to ensure and if necessary enact all actions
in accordance with the Aims as stated in Article 2.
The
Committee in addition must consider proposed changes to the Constitution
as required and make provision to adopt the agreed changes in accordance
with Article 12 herein.
Article
10: FINANCES
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The
Treasurer will provide, at every Committee Meeting, General Meeting or
Annual General Meeting, a written statement of the financial affairs of
the Association.
The
Treasurer will keep accurate income and expenditure accounts for the
Association in accordance with recognised requirements or statutory
obligations.
The
Treasurer will maintain an account with a Bank as may be determined for
the purpose of furthering the Aims of the Association.
A Bank
account shall be opened in the name of the ‘The Association of Regulated
Immigration Advisers’ (ARIA). The name of the Association on the Bank
Account shall be stated as THE ASSOCIATION OF REGULATED IMMIGRATION
ADVISERS (ARIA) To ensure Cheques, and Financial Orders made payable to
the Acronym will be accepted by the Bank.
The
Auditor shall audit the Association’s accounts at least once a year. The
auditor shall be appointed at the Annual General Meeting.
Not
less than two Officers must be recognised signatories on the Bank
Account.
No
more than one family member of the same family may be a signatory of the
Bank Account.
The
Association must at all times be operated on a ‘not for profit’ basis.
All funds raised, donated, sought and paid, as membership fees must be
applied for the Aims as stated in Article 2.
Members (and Officers) may be reimbursed for reasonable out-of-pocket
expenses, arising from their duties in connection with their official
duties for the Association, but not for their attendance at General
Meetings, Special General Meetings or Annual General Meetings.
Article 11: MEETINGS
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The
Association must hold at least one meeting each year. This is defined as
the Annual General Meeting (AGM). The AGM must be in the presence of the
people appointed and defined as Officers, and Members.
The Association may also hold a variety of
meetings, the criteria of which are set out below. Only members present
at a Meeting may vote. There will be no voting by proxy.
Conference telephone or Internet facilities may be used for
Committee meetings where it is preferred, practical and viable for such to
be used. Telephone Conferencing or Internet facilities cannot be used for
The Annual General Meeting.
A
Chairman will administrate all Meetings to ensure the meeting is ordered
in accordance with the appropriate meeting rules:
COMMITTEE MEETINGS.
May
take place at any time and in any number per year at the instigation of
the Chairman, Secretary or Treasurer and as much notice as possible will
be given and taking account of the need to circulate Agenda and Minutes
prior to the proposed meeting. There is to be a minimum of 3 Committee
Members to attend or be present. Minutes of all Committee Meetings shall
be taken and be available to the Membership if requested. Minutes of the
previous Meeting and the Agenda of the proposed meeting must be circulated
to all Committee members not less than 24 hours before the meeting is due,
by the Secretary. (Quorum of 3)
Agenda
items must be submitted to the Secretary not less than 48 hours before the
meeting in which they are to be considered.
Meetings must be attended by not less than 3 Committee Members to be valid
Meetings.
In
the event of the Chair or Secretary being unable to attend a Committee
Meeting those present must nominate a member/s present to act in their
place before the commencement of the meeting.
At
Committee Meetings all decisions will be carried by a simple majority
vote, with the Chair having a deciding vote in the case of a hung
decision. The Chair may only vote in the case of a ‘hung’ Committee. Only
Committee Members present at the Committee Meeting may vote. Voting by
proxy at a Committee Meeting is not permitted.
GENERAL MEETINGS
May
take place at any time at the instigation of the Chairman, Secretary or
Treasurer or a minimum of 20 Members of the Association. Minutes of all
General Meetings shall be taken and be available to the Membership if
requested. Minutes of the previous General Meeting and the agenda of the
proposed meeting must be circulated to all members not less than 24 hours
before the meeting is due, by the Secretary.
All
General Meetings must be conspicuously advertised within the whole
membership of the Association not less than 14 days in advance.
Attendance of not less than 10 individual members eligible to vote will
be required to validate the proceedings and vote on resolutions and
proposals tabled. (A Quorum of 10)
Proposals and motions to be discussed at the General Meeting must be
submitted to the Secretary not less than 21 days before the meeting in
which they are to be considered. General meetings must have an Agenda
prepared and circulated to all Members not less than 7 days before the
meeting is due, by the Secretary.
For
General Meetings, all proposed resolutions to be agreed will be decided,
by a simple majority vote. Only members present at the General Meeting
may vote. Voting by proxy is not permitted.
A
General Meeting may be defined as a SPECIAL GENERAL MEETINGS by the
direction of the Chairman.
ANNUAL
GENERAL MEETINGS (AGM)
The
AGM is to be held during the autumn months of each year, and the agenda
should include:
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Report from the Chair on the year’s activities.
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Financial report from the Treasurer.
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Appointment of an independent Auditor
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Any
Other Business. (Prior notification is required as with General
Meeting Rules).
All
proposed resolutions to be agreed at AGM will be decided, by a simple
majority vote.
Article 12: ALTERATIONS TO
THE CONSTITUTION
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Any
members may propose alterations to the Constitution of the Association, by
giving written notice to the Secretary. The Committee will initially deal
with consideration of the proposal and if prudent discussed and voted at
the next Annual General Meeting.
The
Constitution may only be altered with the consent of the Membership at an
Annual General Meeting or at a Special General Meeting called for that
purpose.
Article 13: TERMINATION OF MEMBERSHIP
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The
Disciplinary Committee shall have the right, for good and sufficient
reason, to suspend or to terminate the membership of an Individual member
or all members of the Member Organisation. In this event a nominated
individual member, representative of the Organisation, shall have the
right to be heard by the Disciplinary Committee before the final decision
is made in accordance with the process of ‘natural justice’ and the
Disciplinary Procedure stated in the Rules.
The
individual and/or representative of the Organisation shall have the right
to appeal in accordance with the Disciplinary Procedure.
Article 14:
DISSOLUTION
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The
Association can only be dissolved by means of a Special Meeting called
specifically to consider a motion to dissolve the Association. And a
two-thirds majority of those present and entitled to vote so resolve. The
motion to dissolve will be a special vote of those present and numbers
present will in no way invalidate the vote providing the following is
applied. After dissolution, any funds held after liabilities have been
met will be donated to suitable charitable cause.
The
proposal to dissolve The Association shall take effect if:
The
Committee are unable or unwilling to perform the duties as stated in the
Constitution.
Notice of such resolution and subsequent meeting shall be posted in
conspicuous places for the attention of the Members and giving not less
than 28 days notice.
The
Committee by a simple majority decides at any time that on the grounds of
expense or otherwise it is necessary or advisable to dissolve the
Association.
The
Association becomes unconstitutional or such statutory limitations are
imposed so as to make the Association cease.
If a
dissolution vote is defeated but a new Committee cannot be convened, then
the Association will be dissolved.
Adopted
as the Constitution of: THE ASSOCIATION OF REGULATED IMMIGRATION
ADVISERS (ARIA)
Dated
this day of 2003
Signed Signed
Signed
Chairman Secretary.
Treasurer
Appendix’s
follow:
Appendix a: Roles and Responsibilities of Committee and Employees.
Appendix
b: Equal Opportunities Policy.
Appendix c: Rules
(Including Minimum Standards and Disciplinary Procedure).
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ARIA Constitution
Appendix a
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General:
All persons associated with the Association must at all times comply with
all policy and procedural requirements of the Association. It is the
responsibility of all persons associated with the Association to ensure
they are aware of all policy documentation as it applies to them. In the
event of any person associated with the Association being unclear on
policy or unable to ascertain the correct procedure guidance must be
sought from other associated persons prior to action being taken that may
bring into disrepute the Association, Officers, Employees or Members.
Ignorance of policy unless as a direct result of inaction or incorrect
information being given by another associated person whom it is
hierarchically understood is in a position whereby such sought knowledge
should be known will not be acceptable as defence against disciplinary
proceedings being taken.
Chairperson:
The Chairperson of the Association shall at all times be non-biased
towards all members of the Association or its links. The Chairperson
shall officiate over all meetings of the Association in keeping with these
guidelines. The Chair shall ensure all Rules, Codes and policies are
adhered to at all times. In the event of a vote being put before the
Committee being hung the Chair shall have a right to exercise his/her vote
to cast as he/she feels is in keeping with the discussion. It is the duty
of the Chair to ensure meetings are held in accordance with the procedures
laid down in the published Constitution.
Secretary:
The duties of the Secretary are to ensure a true and accurate record
of the actions of the Association are maintained and all entitled members
receive appropriate notification of scheduled committee meetings. Minutes
of all meetings must be kept and copies distributed to all invited persons
not less than 48-hours prior to the commencement of meetings. The
Secretary in association with the Chair will compile the agenda for the
meetings. The Secretary, if an elected person, has the right to vote on
any resolution proposed. The Secretary must act in accordance with the
Rules, Codes and Roles and Responsibilities of Members applicable, except
where excluded by specific conflict of duties, where the role of Secretary
takes precedence.
Treasurer:
The Treasurer must keep accurate and true records that reflect the
financial status of the Association. He/She must ensure that the Committee
is kept appraised of any financial events affecting the interests of the
Association. The Treasurer must at all times protect the assets of the
Association and take steps to identify trends in income or expenditure
which may lead to a potentially damaging situation. The Treasurer must
report the financial standing of the association at regular intervals.
The Treasurer must pay the Associations debts as required and bank monies
belonging to the Association on a regular basis. The Treasurer must liase
with the appointed Auditor and must advise the Association on specific
details of the Accounts and associated financial matters as given or
directed by the Auditor. The Treasurer if an elected person has the right
to vote on any resolution proposed. The Treasurer must act in accordance
with the Roles and Responsibilities of Members except where excluded by
specific conflict of duties, where the role of Treasurer takes precedence.
Members:
Members of the Association must ensure that they act in accordance with
the Constitution and Rules of the Association at all times, and must bear
in mind that they represent the Association in all they do within the
Association. Members must assist in the operations of the Association and
encourage active participation in all activities, events and functions
operated by and in co-operation with the Association. Each member has one
vote on any resolution proposed. Only members present at the Meeting may
vote. Voting by proxy is not permitted.
ARIA Constitution
Appendix B
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Equal Opportunities Policy
The Association
is an equal opportunities organisation and all Members will, where
possible, ensure that nobody, whether Member, Committee Member, staff,
volunteer or user of any asset, premise, feature, facility, procedure,
process, owned, operated or used, by or on behalf of, the Association is
discriminated against on the grounds of race, sex, gender, sexual
orientation, age, ability, marital status, religious or political
affiliation. Except where the person or organisation would present an
unacceptable risk to the well being of others, whereby the right of the
Association to protect the interests of the Membership would be exercised.
The Committee
will take steps to ensure that:
Committee
Members, Members, volunteers, members or staff will not be treated in
another way than in accordance with the statement above.
Within the
Constitution of the Association the composition of the Committee fairly
reflects the ethnic makeup of the Association whenever possible. Members
of all ethnic origins will be welcome to volunteer for appointment or
election by the Membership, or co-option by the Committee.
Everyone
concerned with the management of, and functions operated by, the
Association, understand the context of this Equal Opportunities policy
statement and abide with its content.
Code of
Conduct.
Persons will be
treated with due respect and dignity regardless of race, nationality, sex,
gender, sexual orientation or age.
Incidents of
discrimination will be treated seriously.
If the matter
cannot be resolved by way of an accepted apology, and an undertaking that
the behaviour will not be repeated, the following remedies are available.
In a case
involving a member of staff, disciplinary action will be taken in
accordance with
the
Disciplinary Procedure.
In a disciplinary
case involving a Committee member, Employed Staff or Volunteer worker,
he/she will be immediately suspended from active duty until such time
as
the matter can be brought before the Disciplinary Committee for a hearing
and action taken as decided and agreed by the Disciplinary Committee, and
laid down in the Membership Disciplinary Procedures.
Monitoring and
review.
The Committee is
responsible for monitoring the success of this policy and for its
subsequent review.
ARIA Constitution
Appendix C
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Rules
(Including Minimum Standards and Disciplinary Procedure)
INTRODUCTION
The Rules
contained herein form an integral part of the Conditions of Membership of
the Association of Regulated Immigration Advisers. All applicants for
membership to the Association will be sent a copy and, in applying, each
applicant agrees to be bound by them.
The Rules aim to
achieve and promote the highest standards of conduct by Members of the
Association in order that the image and professional status of the
Immigration Advice sector may be improved and advanced.
These Rules are
also aimed at protecting the public against restrictive or unethical
practices and provide a means of complaint against any member of the
Association by members of the public who raises issue in regard to the
standards expected or a complaint. An ‘Issue’ may be regarded as a matter
that is in the process of being resolved by the member in accordance with
the member’s complaint’s procedure and against whom that issue has been
raised. A ‘Complaint’ is regarded as an unresolved Issue that has been
raised and not dealt with in a professional manner or in accordance with
the member’s complaints procedure. By incorporating these Rules in the
Association it is the intention to promote good standards of service, and
to develop a useful and mutually respected and co-operative relationship
with the Office of the Immigration Services Commission, other Professional
Bodies, Government departments, any other appropriate agencies and the
general public.
These Rules
relate solely to the way in which the Association requires Members to
conduct themselves in the activities as Regulated Immigration Advisory
Organisations, as Regulated Immigration Advisers within their
Organisations and as Members of a professional body. These must not be
taken by Members or others as in any way affecting their statutory legal
rights and obligations or Regulatory requirements or the legal
relationship between the Member and/or any organisation, company, member,
employee or the Association itself.
The term "member"
in the Rules that follow denote the grade of Member of the Association.
These Rules
together with associated Policies and Procedures, including Minimum
Standards and the Disciplinary Procedure, may be subject to amendment from
time to time. In such circumstances the Committee or the Membership should
present proposals for amendment or approval at the Annual General Meeting
to the Secretary providing no less than 28 days prior to the date of the
meeting.
Association Rules
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Rule 1
All Members
have a duty to abide by the Rules of the Association, its Aims,
Procedures, Practices, Policies and its Constitution.
Rule 2 (1)
General Duty
of Members appertaining to Good Professional practice.
A
Regulated Adviser and any regulated employee or representative shall make
themselves familiar with all current and future legislation regarding, and
relating to, the provision of Immigration Advice and Services and for the
efficient and accurate use of these for the benefit of Clients.
Rule 2 (2)
General Duty of Members to act in best interests of Clients.
A Regulated
Adviser will act in the ‘best interests’ of his/her Client, keeping the
Client informed of the progress of the case as is necessary.
Rule 3 (1)
Members shall conduct themselves so as to comply with the Rules of the
Association.
The
member must ensure their registration with the Regulator is current
together with any statutory or obligation imposed on themselves, their
organisation, its employees or regulated representatives in regard
to the trading activities and, in dealings with clients and other
agencies, and will not contravene any of the laws of the said current and
future legislation. A member acting in the capacity as a Regulated
Immigration Adviser for the purpose of carrying out immigration advice and
services will endeavour to be insured for public liability (if
appropriate) and will have professional indemnity insurance.
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Rule 3 (2)
No member
shall do any act when in the business of being an Immigration Adviser
which:
a) involves dishonesty, dishonourable, or deceitful behaviour, or which is
unfair to members of the public: and
b) in any way
brings the Association and/or its members into disrepute.
Rule 4
Disclosure of
change of circumstances:
A member shall
disclose immediately, and in writing to the Secretary any change in the
circumstances of the Member Organisation and/or Regulated Advisers within
the Organisation, during his term of membership that affects his
membership of the Association.
Rule 5
Duty not to
seek to conduct business using improper means.
A member shall
not use any oppressive methods to gain or transact business; or use any
method that involves dishonesty, deceit or misrepresentation.
Rule 6
Duty regarding
a conflict of interests and confidentiality.
A member shall
disclose to the Association any existing conflict of interests, or any
circumstance that may evoke a conflict of interest, in his dealings with
the Association. A member will respect at all times the confidentiality
of his fellow members.
Rule 7
Duty to
protect members of the public and employees.
A Member
Organisation and/or Regulated Member, will at all times operate safe
working procedures, premises, means of access and egress to premises, and
if applicable will have, where members of the public are admitted to his
commercial offices or premises an appropriate Public Liability insurance
policy.
Rule 8
Duty to act at
all times without discrimination.
A member will not
discriminate in his dealings with any prospective and existing clients,
members of the Association or members of the public. All sections of the
membership and population will have an equal
access to employment, and no applicant or client or employee will
receive less favourable treatment than others because of his or her
colour, creed, ethnic or national origin, disability, age, sex, marital,
sexual orientation, politics, or his or her responsibility for dependants.
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Rule 9
Duty to assist
and co-operate in disciplinary investigations.
A member shall
co-operate with any disciplinary investigation, replying to correspondence
within 14 days, and in accordance with the current Disciplinary Procedure.
These provide that he may attend the
hearing of the Disciplinary Committee at which an allegation concerning
the conduct of the member is to be discussed, and that he has the right to
be heard, to be represented, and to appeal against any finding.
Rule 10
Loss of Membership.
Members and/or
Member Organisations who have their Membership of the Association
terminated by virtue of disciplinary action or do not renew registration
with the Regulator automatically loose, with immediate effect, all rights
to use the Association Logo and any associated use of the Association’s
name.
Rule
11
Opportunities to develop.
Officers, Committee Members, Employed staff and Volunteers may be given
full opportunity to develop their potential to enhance the successful
operation of the Association in accordance with the Roles and
Responsibilities and Equal Opportunities Policies.
Rule
12
Training
Officers, Committee Members, Employed staff and Volunteers may be given
consent to pursue training to enhance the successful operation of the
Association in accordance with the Roles and Responsibilities and Equal
Opportunities Policies.
Rule
13
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Association Logo.
A Member
Organisation or Member, by virtue of their Member Organisation, may use
the Associations ‘Membership’ Logo and reasonable wording that confers
Membership of the Association by the Member Organisation on letter
headings, business cards, and other publicity free of any fee or
additional charge by the Association, providing the Member Organisation of
which the Member is associated or employed, is a Member of the
Association. Use of the logo and use the name of the Association will
cease immediately on loss of Membership or lapse of renewal of
Membership. The Association’s name and logos are Copyright © to The
Association of Regulated Immigration Advisers, and are the property of the
Association.
Rule 14
Application to join the
Association
Applications to
join the Association shall be accepted if they contain a completed and
signed Membership Application Form (ARIA Form 1), Completed List of
Associated Advisers (ARIA Form 2), and payment of the appropriate
Membership Fee (in accordance with the published fee structure and numbers
of Regulated Advisers within the Organisation).
MINIMUM STANDARDS
Rule 15
The General
duty to conduct business and provision of services and advice within
current and future legislation.
A Member will be
familiar with all relevant laws and rules and ensure that these are
observed in full when conducting any business for Clients whether in
relation to Immigration and Advice Services or otherwise, and shall also
ensure the same laws are observed by anyone acting on their behalf,
whether employed by him or otherwise.
Rule 16
The General
Duty to attain high standards of practice.
A Member will at
all times aim to achieve the highest standards of practice in his capacity
as an Immigration Adviser. This will involve maintaining a professional
approach to clients, and members of the public, and conducting himself in
such a manner so as to encourage respect amongst all members of society.
DISCIPLINARY PROCEDURE
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The Association
of Regulated Immigration Advisers operates a Disciplinary Procedure with a
view to ensure Member Organisations and Regulated Members within Member
Organisations comply with the Rules, Codes, Procedures and Policies of the
Association and promote good working practice to ensure clients, members
of the public, other professional bodies and government departments are
reassured of the standing and resolve of the Association.
The Membership
shall appoint 3 Committee members to form the Disciplinary Committee and
to deal with, in a firm and fair manner, in accordance with the
Disciplinary Procedure stated here and for the benefit of the Membership
of the Association, any disciplinary matter in regard to the membership.
This Disciplinary
Procedure of The Association of Regulated Immigration Advisers is an
integral part of the Rules and will be observed by all members joining the
Association.
The Disciplinary
Procedure is intended to ensure that all such complaints are dealt with
swiftly and with due regard to each member's right to respond to any
complaint made against him/her in accordance with natural justice.
Whilst every effort will
be made to hear all sides of any grievance before a decision is made, it
should be fully understood that outcome of the Disciplinary Procedure is
final and binding.
An appeal
procedure may be operated against such decisions only where additional and
worthy evidence is made available in which case, and at the Chairman's
discretion, a further hearing involving the whole of the Committee will
then be arranged.
A
member may appeal against the decision made by Disciplinary Committee no
later than 28 days after the date of the decision letter. An appeal
against the finding may be lodged and, if such an appeal is lodged the
Disciplinary Committee, with the consent of the Chairman, will then bring
the matter to the attention of the Association’s full Committee and
explain the circumstances of the case, maintaining confidentiality as is
appropriate. The full Committee will then hear the matter operating a
further hearing, as soon as can be practically arranged and decide
accordingly. The decision of the full Committee will be binding.
The
member involved in any disciplinary hearing may remain a member until the
decision of the Disciplinary Committee. If deemed appropriate, and if
appropriate and in accordance with the decision, the membership of the
member will be suspended from the time of the Disciplinary Committee’s
decision and made final after 28 days of the date of the decision. During
any period of appeal the member’s membership will remain suspended,
pending the decision of the full Committee of the Association.
The maximum penalty of
any member is the forfeiting of their current period of membership of the
Association, with no financial refund of their current membership fee and
total exclusion from further membership of the Association.
In the event of a Member Organisation being
found wholly at fault, this will result in the loss of membership of ALL
those Regulated Members within the Organisation.
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