Royal Charter Changes

Members will be sent proxy voting papers and an information leaflet in the post from September 22 2009. We are asking members to vote yes to enable us to make important changes to the RCN's Royal Charter. These changes will allow us to set up a separate charitable foundation.

Read more in the RCN legal and governance review sector.

Why are we making these changes?

The RCN's current legal structure is not compliant with the Charity Commission requirement that all the objects of a charity have to be charitable. The RCN has one charter objective - its trade union objective - that is not charitable.

We have created a list of FAQs to help you understand what you will be voting on.

What are the changes?

We are asking members to vote on two resolutions to amend the RCN Royal Charter. In summary, the changes will:

• add reference in Clause III of the Charter to the benefits provided by the RCN to its members as a professional trade union
• remove reference in Clause IV to the Royal College of Nursing being a charity.

The actual proposals for the changed wording to the Charter are set out below.

Clause III

To add:

"j To provide legal representation, advice and assistance as a provident benefit as defined in
Section 467 Income and Corporation Taxes Act 1988 and HMRC Statement of Practice 1/84
k To apply the funds of the College for the payment of provident benefi ts as determined
by the College's Bye-Laws"

Clause IV

To delete:

"income and property of the College (whence so ever derived) shall be applied solely towards the promotion of the charitable objects of the College, namely those stated in Article 3 of this our Charter other than in paragraph (c) of this Article but nothing herein contained shall prevent the application towards the promotion of all or any of the objects of the College or such part of the subscription received in any year from Members of the College as the Council may from time to time determine."

To insert:

"the income and property of the College shall be applied solely towards the promotion of the College's objects as stated in Article 3 of this our Charter".

A full copy of the Charter can be obtained from any RCN office, on the RCN website or from the RCN Director of Governance Support at 20 Cavendish Square, London W1G 0RN or jane.clarke@rcn.org.uk.

It is intended, subject to Privy Council approval, that the changes to the Charter will be effective from 1 April 2010.