RCN rules

These Rules were first presented in draft form to RCN Congress in May 1977. They were agreed by RCN Council in June 1977 and amended October 1992, April 1994, June 1995, January and July 2001 and January 2002.

Where the rules refer to the RCN Charter and Bye-Laws, it means the Charter and Bye-Laws which were approved by Her Majesty the Queen in Privy Council on 20 December 1987 and amended on 9 April and 15 November 2000.

For more information see:

1.0 Interpretation of terms:

In these rules:-

The RCN means the Royal College of Nursing of the United Kingdom

ANS means Association of Nursing Students

The Council means the Council of the RCN as constituted by Article VI of the RCN's Charter

Member means any of a full member, an associate member or a student member

Full member means an RCN member in full membership of the RCN as defined in Article Va of the RCN's Charter with all rights and privileges of membership

Associate member means an RCN member as defined in Article Ve of the RCN's Charter

Student member means a Student Member of the RCN as defined in Article Vf of the RCN's Charter

RCN staff member means a person who is employed by (i) the RCN or by (ii) a third party and seconded to the RCN, for which secondment the RCN pays that person or a third party.

National Forum means any group of members established or recognised by the Council as a national forum under Bye-Law 13

Section means an electoral constituency for the Council as defined in Bye-Law 10

Board means any of the National Boards of Scotland, Wales and Northern Ireland and the Regional Boards in England established by the Council under Bye-Law 44, to manage the affairs of the RCN in each Section

Branch means all the members within a geographical area which has been recognised as an RCN Branch by the Council following a recommendation by the relevant Board.

The Membership database is kept by the RCN of all members and is the Roll referred to in Article Vb and e of the RCN's Charter.

2.0 The Headquarters of the RCN

2.1 The RCN's Headquarters will be at 20 Cavendish Square, London W1G 0RN unless the Council decides otherwise. The Council also has the power to acquire or rent other offices to carry out its business effectively throughout the UK.

3.0 Membership

3.1 Under Bye-Law 2, the Council has the power to remove members from membership. However, in doing this, the following procedure applies (subject to 7.2(vi)):-

(i) If a member falls behind with their subscription they will receive at least one warning before their name is removed from membership. Proof that the warning was sent to the address on the Membership database is sufficient evidence that this requirement has been met.

(ii) Where a complaint is made of conduct unfitting in a member, the General Secretary acting on behalf of the Council will give written notice of the complaint to the member, arrange for the complaint to be investigated and make a written report to the Chair or Vice Chair of the Council. If the Chair or Vice Chair of the Council decides the complaint should be heard, they will refer the complaint and the General Secretary's report to a disciplinary committee of the Council. The member shall be given 21 days written notice of the committee meeting at which the complaint will be heard together with a copy of the report. The member will be entitled to attend and be heard in their defence at such a meeting.

(iii) There shall be a right of appeal by the member or the complainant to an appeals committee of the Council. Such right shall be exercised within 21 days of the member and the complainant being given written notice of the decision of the disciplinary committee. An appeal shall be lodged in writing with the General Secretary. The member and the complainant shall be given written notice by the General Secretary of any appeal, and 21 days written notice of the committee meeting at which the appeal will be heard. They will be entitled to attend and be heard in their defence at such a meeting.

(iv) Members are entitled to be accompanied by a friend or legal adviser at the hearing of the complaint and members and complainants are so entitled on appeal. In the case of a legal adviser, 14 days written notice shall be given to the General Secretary, who shall then give written notice of this to the other party.

(v) Anyone who has been removed from RCN membership shall automatically cease to hold any office or position of authority within the RCN.

(vi) Anyone who has been removed from RCN membership has the right to reapply, provided that they submit a new application and satisfy the conditions below.

(a) Those who have been removed because of subscription arrears must pay a full annual subscription or guarantee that they will pay the full annual subscription by regular instalments.

(b) Those who have been removed because of unfitting conduct must include that fact in their application and a Council committee will decide whether the person has complied with any conditions for re-admission.

(c) If the committee does not accept the application for readmission, the applicant can appeal by appearing in person firstly before the Council committee and then before an appeals committee of the Council. In both cases they have the right to be accompanied by a friend or legal adviser. In the case of a legal adviser, 14 days written notice shall be given to the General Secretary.

(vii) A disciplinary committee or an appeals committee of the Council may, instead of exercising the Council's power of removal from membership:

(a) issue a caution to a member;
(b) withhold benefits from a member;
(c) suspend a member; and/or
(d) remove or suspend a member from any other elected office within the RCN (subject to the provisions of 6, 7 and 8);
and in any such case make available its findings to any relevant RCN entity.

3.2 Under Bye-Law 7, the Council may exercise its discretion when admitting anyone to any category of RCN membership. If the Council rejects an application for membership, then the applicant can appeal to a committee of the Council, in which case the procedure described in paragraph 3.1 vi (c) above will apply.

3.3 Any member has the right to have their name deleted from membership at any time, by notifying the General Secretary. However, they will not be entitled to any rebate of their subscription.

3.4 Categories of membership and the rights and privileges attaching to each such category shall be set out in a "RCN Definitions of Membership" document approved by the Council, but each category shall be of either full member, associate member or student member.

4.0 The Council

4.1 Bye-Law 15 enables the Council to set the geographical boundaries of the Sections within England described in 4.2 below. Two full members will be elected to represent these Sections on the Council - pursuant to Bye-Law 10a.

4.2 Except for those areas listed under (i) and (ii) below, the geographical boundaries of each Section match those of the government office and/or regional development agencies and/or European parliamentary constituencies, as at 31 March 2000. The exceptions mentioned above are that:-

(i) (a) Cumbria will be part of the RCN Northern Section

(b) Northamptonshire will be part of the RCN South East Section.

(ii) The Channel Islands shall be part of the RCN South East Section and the Isle of Man will be part of the RCN North West Section.

5.0 Officers of the RCN

5.1 The Officers of the RCN are those elected to honorary office, in accordance with the Charter and Bye-Laws, to the following positions: the President, the Deputy President, the Chair and the Vice-Chair of the Council and the Honorary Treasurer on the Council.

5.2 In addition, the General Secretary is an Officer of the RCN. The General Secretary, and any senior RCN staff member, can speak and act on behalf of the RCN in accordance with agreed policy. In the absence of an agreed policy, they can interpret the philosophy of the RCN to speak or act on behalf of the RCN in situations where the organisation needs to make an immediate response.

6.0 RCN representatives

6.1 RCN representatives are members who are elected to the following roles: officers of Branches, committee members of National Forums or the ANS, stewards, safety representatives and learning representatives.

6.2 RCN representatives are elected in the manner set out in the constitution of the relevant Branch or National Forum or the ANS, or as otherwise decided by the Council. The Council can amend these constitutions after consultation.

6.3 Power to remove an RCN representative from office lies with the committee of the relevant Branch, relevant National Forum or the ANS, or with any other relevant UK committee ("the removing body"). An RCN representative may be removed from office if in the opinion of the removing body any of the grounds in 7.1 apply to that RCN representative.

6.4 If a complaint is made to the removing body alleging any of the grounds set out in 7.1 in relation to an RCN representative, the removing body shall:

(i) give written notice of the complaint to the member and arrange for the complaint to be investigated independently of the removing body and a written report made to the removing body;

(ii) if it resolves that the complaint shall be heard, give the RCN representative 21 days written notice of the meeting of the removing body (or its disciplinary committee) at which the complaint will be heard, together with a copy of the report. The RCN representative will be entitled to attend and be heard in their defence at such a meeting.

6.5 The RCN representative and the complainant shall have a right to appeal

(i) from the decision of a committee of a National Forum, or the committee of the ANS or other UK committee to the Council or a committee of the Council or

(ii) from the decision of a Branch committee or national or regional committee to the relevant Board or Board committee.


6.6 A right of appeal shall be exercised by the RCN representative or the complainant within 21 days of the RCN representative being given written notice of the decision of the removing body. An appeal shall be lodged in writing with the General Secretary (in relation to appeals under 6.5(i)) or the Secretary of the relevant Board (in relation to appeals under 6.5(ii)). The RCN representative and the complainant shall be given written notice by the General Secretary or the Secretary of the relevant Board of any appeal and 21 days written notice of the meeting at which the appeal will be heard. They will be entitled to attend and be heard at such a meeting.

6.7 RCN representatives are entitled to be accompanied by a friend or legal adviser at the hearing of the complaint and RCN representatives and complainants are so entitled on appeal. In the case of a legal adviser, 14 days written notice must be given to the General Secretary or the Secretary of the relevant Board who shall then give written notice of this to the other party.

6.8 The removing body or its disciplinary committee hearing a complaint under 6.4, or the Council or a committee of the Council or the relevant Board or Board committee hearing an appeal under 6.5

(i) may, instead of exercising the power of removal of an RCN representative from office,
(a) issue a caution to the RCN representative;
(b) withhold benefits from the RCN representative; or
(c) suspend the RCN representative from office,
and/or

(ii) may remove or suspend any RCN representative from any other elected office in the RCN (subject to the provisions of 7 and 8) within its remit, and

(iii) may make available its findings to the Council or any relevant RCN entity.

7.0 Removal from the Council

7.1 The Council may remove any member of the Council before the end of their term of office on the grounds that such member of the Council has:

(i) exceeded their powers in a way that is detrimental to the RCN, or

(ii) failed to discharge their duties, or

(iii) acted in breach of the RCN Code of Conduct, or

(iv) acted in a manner likely to bring the RCN into disrepute.

7.2 If a complaint is made to the Chair or Vice Chair of the Council alleging any of the grounds set out in 7.1 in relation to a Council member, the following procedure applies:

(i) The General Secretary will give written notice of the complaint to the member, arrange for the complaint to be investigated and make a written report to the Chair or Vice Chair of the Council.

(ii) If the Chair or Vice Chair of the Council decides the complaint should be heard they will refer the complaint and the General Secretary's report to a disciplinary committee of the Council. The Council member in question shall be given 21 days written notice of the committee meeting at which the complaint will be heard together with a copy of the report. The Council member will be entitled to attend and be heard in their defence at such a meeting.

(iii) There shall be a right of appeal by the Council member or the complainant to an appeals committee of the Council. Such right shall be exercised within 21 days of the Council member and the complainant being given written notice of the decision of the disciplinary committee. An appeal shall be lodged in writing with the General Secretary. The Council member and the complainant shall be given written notice by the General Secretary of any appeal and 21 days written notice of the committee meeting at which the appeal will be heard. They will be entitled to attend and be heard in their defence at such a meeting.

(iv) Council members are entitled to be accompanied by a friend or legal adviser at the hearing of the complaint and Council members and the complainants are so entitled on appeal. In the case of a legal adviser, 14 days written notice must be given to the General Secretary who shall then give written notice of this to the other party.

(v) A disciplinary committee or appeals committee of the Council may, instead of exercising the Council's power of removal from Council membership

(a) issue a caution to a Council member;
(b) withhold benefits from a Council member;
(c) suspend a Council member; and/or
(d) remove a Council member from any other elected office within the RCN;

and in any such case make available its findings to any relevant RCN entity.

(vi) Notwithstanding 3.1, the procedure in 7.2 may be applied by a disciplinary committee or appeals committee of the Council to exercise the Council's power to remove a Council member from membership of the RCN.

8.0 Removal from a Board

8.1 A Board may remove any member of that Board before the end of their term of office if in the opinion of the Board any of the grounds in 7.1 apply to that Board member.

8.2 If a complaint is made to the Chair or Vice Chair of a Board alleging any of the grounds set out in 7.1 in relation to a member of that Board, the procedure in 7.2 shall apply but substituting the Secretary of the Board for the General Secretary, the Chair and Vice Chair of the Board for the Chair and Vice Chair of the Council, Board member for Council member, and the Board for the Council throughout, save that appeals shall be to an appeals committee of the Council, and 7.2(vi) shall not apply.

9.0 Advisers to the Council

The Council may at any time appoint any person who is not an RCN staff member to any committee of the Council or to act as an independent special adviser to the Council, and the Council may at any time remove any such person(s) from such post. Nobody shall hold such post for longer than a term of 4 years, renewable once for a further term of up to 4 years.

10.0 RCN staff members

10.1 The General Secretary is appointed by the Council, who may establish a committee for the purpose of making a recommendation to the Council in respect of the appointment.

10.2 Other RCN staff members shall be appointed by the Council who may establish a committee for that purpose or delegate this power to the General Secretary or to RCN staff members designated by the General Secretary.

10.3 The Council has the power to suspend or dismiss any RCN staff member. The Council may delegate this power to a committee, to the General Secretary or to designated senior RCN staff members. Any suspension or disciplinary action shall be taken in accordance with the approved disciplinary procedure.

11.0 Special funds

11.1 The Council will administer any special funds that the RCN holds or are established in accordance with the terms of reference of the fund. If there are no terms of reference the Council will determine how the fund will be administered and allocated.

12.0 Power to call industrial action

12.1 It is a fundamental principle of the RCN that its members shall not act in any way which is detrimental to the well being or interests of their patients or clients. Without prejudice to this fundamental principle, the Council is empowered to authorise action by members in furtherance of an industrial dispute and to make regulations governing the procedure to be followed. This rule may not be altered, amended, added to or repealed other than by resolution at a general meeting, passed by no less than a two-thirds majority of the members present or voting by proxy.

12.2 No industrial action shall be taken by any member without the prior authorisation of the Council.

12.3 The Council will not authorise any form of industrial action unless satisfied that such form will not be detrimental to the wellbeing or interests of patients or clients.

12.4 The Council will ensure that any authorised industrial action complies with both the relevant trade union legislation in force at the time and with the RCN Code of Practice on Industrial Action.

12.5 The Council may delegate to a committee of the Council the power to make recommendations when, where and in what form industrial action may be taken by members (subject always to the provisions of above clauses). Such committee may be convened at the request of the Chair of the Council or the General Secretary.

13.0 RCN Congress

13.1 Bye-law 46 provides for the establishment by the Council of the RCN Congress. The RCN Congress meets annually and is the delegate body of the organisation, concerned with the formulation of organisational policies, with the consideration of all issues of current importance to the RCN membership and with promoting the advancement of the RCN in accordance with its objects.

13.2 Congress is empowered to request the Council to take action on any matter within the RCN's objects. The Council can either take the action or report back the reasons for not taking action, by means of its Report to Congress at its next meeting, or earlier by some other means.

13.3 Congress will elect its officials and conduct its affairs according to its constitution which may only be amended with the approval of both the Council and Congress.

14.0 Affiliation of other bodies to the RCN

14.1 The Council may consider applications from other bodies that wish to be affiliated to the RCN. The objects of these bodies may not conflict with those of the RCN and they shall be composed exclusively of persons working in nursing or midwifery, who may or may not have professional qualifications. However, the Council shall not accept any such application without consulting with members at Congress and, if necessary, may refer the question to an RCN general meeting.

14.2 If another organisation is affiliated to the RCN, the services, facilities, rights and privileges which members of that organisation can expect from the RCN must be clearly stated, and an affiliation fee decided.

15.0 Affiliation of the RCN to other bodies

15.1 The Council may decide that the RCN should join or seek affiliation to another body if it is believed that this would further the RCN's objects as laid down in the RCN's Charter and it would not endanger the integrity of the RCN as an organisation.

15.2 Where such an action would fundamentally change the standing of the RCN, the Council must first consult with the members at Congress. Such a decision would also need to be confirmed at an RCN general meeting with a vote won by a two thirds majority of those present, or voting by proxy.

16.0 Signing documents

16.1 This Rule is made in accordance with Article XIII (e) of the Charter

16.2 The General Secretary, on behalf of the Council, may sign any contract that needs to be signed for the management and transaction of the RCN's affairs.

16.3 A senior RCN staff member may also sign any such contract provided they are authorised to do so by the General Secretary and that it lies within their area of responsibility, subject to any restriction that the General Secretary or the Council may impose.

16.4 Nothing in these Rules shall invalidate any contract signed on behalf of the Council prior to the Rule coming into force.

16.5 This Rule does not apply to any document to which the Common Seal of the RCN is affixed (see Article XIV in the Charter).

17.0 Amendments or additions to the rules

17.1 Under Bye-Law 47, the Council may amend, add to or repeal any of these Rules as it shall think fit. However for significant changes, the Council should first consult with the membership at Congress or seek approval at a general meeting where possible and appropriate, or where required to do so by the terms of the RCN Charter, Bye-Laws or Rules.

18.0 Interpretation of rules

18.1 Any question as to how these Rules are to be interpreted shall be referred to the Council who will make a final decision in the best interests and in line with the objects of the RCN as laid down in the RCN's Charter.