>[!External Links]+ >[The Act](https://www.legislation.gov.uk/ukpga/1994/30/part/II) >[USSU Adherence to 1994 Education Act](x-devonthink-item://9EE9DA1B-1B28-479F-A635-F0F32AE8ECE0) > ## Background - [[The National Union of Students (NUS)|NUS]] had created its own charter for SUs the previous year - Political agitation from the Major government. - Lots of changes made through the process, following lobbying from NUS - NUS broadly happy with the outcome. ## Summary - Defines what an SU is, and which unis where this might apply. If these both met then... - ...it says what an SU must do - These requirements placed on the governing body of the University, not SUs themselves - But there will be overlap now that the Charity Commission regulates most SUs, including all major SUs. - Basically, the requirement is that the governing body must take reasonably practicable steps to ensure that their SU: - is fair and democratically run - is accountable for our finances. - Some of the details are highlighted below, but basically each SU must - have a written constitution that is reviewed at least every 5 years - allow students to opt out of membership - Have major union office holders to be elected by secret ballot, properly and fairly conducted and those people must not be in office more than 2 years - Produce financial reports at least annually, and should be made available to the members and Uni Council - Have its budget approved annually by the Governors - Publish its way that it allocated resources to clubs and societies. - Publish the details of any affiliations, including costs both when they are joined, and annually. - have a complaints procedure, published. - Have a code of practice between the SU and the Uni- see [[Salford SU Articles of Association]] - Uni must let students know at least annually of their options of opting out, provision of services if they do opt out, and around freedom of speech. ## Duties under the Act University governing bodies have a duty to take such steps as are "reasonably practicable" to secure that their students' unions operate in a fair and democratic manner and are accountable for their finances (Clause 21(1)). This includes: - Each union should have a ==written constitution==, subject to approval and review by the institution's governing body at intervals of not more than five years (Clause 21(2)(a) and (b)). - Students should have the ==right to opt out== of their students' union or student representative council. - Appointment to major union offices should be by ==election in a secret ballot of all members==. It will also be left to the institution and union to determine which appointments are to be regarded as major offices and therefore subject to secret ballot. - The governing body should satisfy themselves that the ==elections are fairly and properly conducted== (Clause 21(2)(e)) - No one should serve as a sabbatical officer or paid elected union officer for ==more than two years== - The financial affairs of the union should be properly conducted, with governing body ==approval of the union's budget and expenditure== - ==Financial reports== of the union should be published annually or more frequently, and should be made available to the governing body and to all students (Clause 21(2)(h)). - The procedure for ==allocating resources to groups or clubs== should be written down and accessible to all students (Clause 21(2)(i)) - Affiliations to external organisations should be subject to specific procedures relating to information about, and the ==review of, affiliations==. Where a union decides to affiliate to an external organisation it should publish details of its decision, including the costs, and make such details available to the governing body and to all students (Clause 21(2)(j)). A report listing all affiliations and their costs should be published at least annually and made available to the governing body and to all students (Clause 21(2)(k)). The list of affiliations should be subject to approval by members of the student union annually or more frequently (Clause 21(2)(l)(i)). Exactly how this should be done is left open. - A ==complaints procedure== should be available to all individuals or groups of students who are dissatisfied in their dealings with the union. Provision should be made for an independent person appointed by the governing body to investigate and report on complaints (Clause 21(2)(m)). - Clause 21(3) requires the governing body of every establishment to prepare and issue, and when necessary revise, a ==Code of Practice== as to how the requirements set out above will be implemented. - Clause 21(4) places a duty on governing bodies to remind all students, at least annually, of any ==restrictions imposed on the activities of the union by charities law==, and the freedom of speech provisions contained in Section 43 of the Education (No 2) Act 1986. - Clause 21(5) requires the governing body of every establishment to bring to the attention of all students, at least annually, details of any arrangements it has made for the provision of ==services for students who are not members== of the union