British Hallmarking Council: Technical Committee standing orders
Updated 2 August 2022
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The Hallmarking Act 1973 makes provision for the constitution of the British Hallmarking Council at Schedule 4. Schedule 4 paragraph 16 provides that the Council may make standing orders for regulating the proceedings (including a quorum) of the Council or of any of its committees, from time to time as the Council thinks fit. These Standing Orders for the Technical Committee supplement the requirements of Schedule 4.
1. Duties
The duties of the Technical Committee are:
1.1 To consider and make recommendations to the Council regarding the interpretation and application of the provisions relating to the technical aspects of hallmarking as set out in the Hallmarking Act 1974 Schedules 1 and 2.
1.2 To consider and make recommendations on any specific, technical matters referred to it by the BHC.
1.3 To consider and make recommendations to the Council in respect of the reasonableness of a refusal to hallmark any article or articles by an assay office following an appeal invoked under the Hallmarking Act 1973 s2(5) and referred to it by the BHC.
1.4 To make decisions on such technical matters within its remit as are specifically delegated to it by the Council.
2. Membership
2.1 The members of the Technical Committee shall be the assay masters from time to time of the 4 UK assay offices (“the Members”).
2.2 The Member hosting the meeting shall act as Chair for the duration of that meeting. In the absence of the hosting Member, the remaining Members may elect one of themselves to act as chairman for the duration of the meeting.
2.3 The Secretary shall be designated by the assay masters (“the Secretary”).
2.4 The Chair of the Council shall be invited to all meetings and have the right to attend.
3. Meetings
3.1 The Technical Committee shall meet at least twice a year scheduled in accordance with the cycle of Council meetings normally held in spring and autumn.
3.2 The meetings may be held face to face or by alternative means such as video conferencing or telephone conferencing or similar form of communication provided that all persons participating in the meeting are able to hear and speak to each other throughout such meeting, or are able to receive communications, including by electronic mail, from each of the other participants in the meeting. Where a meeting is to be held face to face but a participant is unable for good reason to attend in person, such as illness or other reasons beyond the participant’s control the meeting may include participation by alternative means such as video conferencing or telephone conferencing or similar form of communication provided that all persons participating in the meeting are able to hear and speak to each other throughout such meeting, or are able to receive communications, including by electronic mail, from each of the other participants in the meeting.
3.3 The location (for a face to face meeting) and time of the meetings shall be decided by the Members and, together with the agenda and supporting papers for each meeting, details will be forwarded by the Secretary to the Members and to any person attending (subject to paragraph 3.6), as soon as reasonably practicable prior to the meeting to ensure proper consideration of the matters to be considered.
3.4 Subject to the provisions relating to an appeal against a refusal to hallmark and voting at paragraphs 3.5 and 4.1 respectively, the meeting shall be quorate if at least three of the Members are present. An absent Member may nominate another person to attend and vote on his/her behalf, with the consent of the remaining Members, such consent will not be unreasonably withheld.
3.5 Where an appeal against a refusal by an assay office to hallmark an article or articles has been submitted to the BHC in accordance with the Hallmarking Act 1973 s2(5) and the matter has been referred by the BHC to the Technical Committee for a recommendation as to whether the assay office in question has acted unreasonably, the quorum shall be two Members and the Member (or his/her nominee) representing the assay office which is the subject of the appeal shall not count towards the quorum and though he/she may be required to answer questions regarding the refusal to hallmark the relevant item, he/she shall not participate in the voting or otherwise participate in the decision-making process.
3.6 Where a meeting is held by alternative means, the provisions with regard to quoracy and decision-making as set out in these terms of reference shall apply as if a physical meeting were to take place.
3.7 Only Members and the Council Chair shall have the right to attend meetings. However, any member of the Council may request that they be permitted to attend a meeting as an observer without voting rights and such requests should not be unreasonably refused.
3.8 Members may invite guests to attend all or part of a meeting. Such guests may attend with the unanimous agreement of the Members and may contribute to discussions, but shall have no entitlement to vote. Where guests are attending the meeting in part, they shall be provided with supporting papers relating only to that part of the meeting.
4. Voting
4.1 Any resolution put to a vote at a meeting shall be passed only where the meeting is quorate in accordance with paragraphs 3.2, 3.4 or 3.5 as appropriate and where there is a majority of votes. Where there is an equality of votes, the Chairman, or in his absence the person acting as Chairman, shall have a second or casting vote.
5. Reporting and follow up procedures
5.1 The Secretary shall record a minute of the proceedings including the names of those present and in attendance.
5.2 The draft minutes of the meeting and list of action points from the meeting will be circulated to the Committee within 28 days of the meeting.
5.3 Any conflict of interest shall be declared at the beginning of the meeting and minuted accordingly.
5.4 The Secretary shall provide a copy of the minutes to the Secretary of the Council to be included in the papers circulated for the next scheduled Council meeting.
5.5 The Chair of the meeting shall oversee the proper minuting of the meeting; the follow up actions and the provision of the minutes and action schedule to the BHC Secretary for agreement at the next Council meeting.
Sue Green
Secretary to the British Hallmarking Council
October 2020
[Paragraphs 3 and 4 amended to allow for meetings by alternative means]