THE CONSTITUTION OF THE JOINT EXAMINATION BOARD

set up by

THE INSTITUTE OF TRADE MARK ATTORNEYS

THE CHARTERED INSTITUTEOF PATENT ATTORNEYS

THE BOARD

1. The Board is a committee appointed by and under the control of the Councils of the participating bodies.
2. The Board shall be a supervisory board.

MEMBERSHIP OF THE BOARD

3. The Board shall consist of twelve members.
4. The members shall be appointed annually by the Councils of the participating bodies as follows:-
      The Chartered Institute of Patent Attorneys - SIX
      The Institute of Trade Mark Attorneys - SIX

5. Every member for the time being of each participating body shall be eligible for appointment to the Board.
6. Casual vacancies in the membership of the Board shall be filled by the Council of the body which appointed the member whose place has become vacant. The acts and proceedings of the remaining members of the Board shall be valid and have effect notwithstanding the existence of any such vacancy. The Board shall decide whether a member's place has become vacant and shall forthwith inform the appropriate Councils.

OFFICERS OF THE BOARD

7. There shall be a Chairman of the Board elected annually from the members of the Board by a majority of the members present and voting at the Board Meeting at which the election of Chairman is considered.
8. There shall be a Secretary to the Board appointed by the Board.
9. There shall be a Treasurer of the Board. The post of Treasurer shall be held jointly by two members of the Board, one of each of the participating bodies.

ADDRESS OF THE BOARD

10. Communications to the Board shall be addressed to the Board care of one of the respective participating bodies or such other address as the Board may from time to time determine.

PROCEEDINGS OF THE BOARD

11. Save as expressly provided herein, the Board shall conduct its business and regulate its proceedings as the Board shall decide. The Board may act by committees and any such committee appointed shall report regularly to the Board and where appropriate make recommendations to the Board.
12. The Chairman shall preside at meetings of the Board. If the Chairman is not present for any meeting, the members present may elect a Chairman to preside over that meeting.
13. The Secretary shall give to all members of the Board not less that 7 days notice of the date, time and place of each meeting of the Board. The period of notice shall be exclusive of the day when the notice is served or deemed to be served on a member by hand or by post or by electronic means. If served by post, a notice shall be deemed to be delivered 24 hours after it was posted by first class post.
14. No business shall be transacted at a meeting of the Board unless a quorum is present. Four members being two from each participating body shall be a quorum. A motion on any item shall not be duly passed or effective unless passed by a majority of the members present and voting thereon. The Chairman shall have no casting vote.

ALTERATIONS TO THE PROVISION HEREOF

15. The Board shall have no power to alter any of the provisions hereof but shall have power to make recommendations with regard to such alternations to the Councils of the participating bodies.
16. The agreement of the Councils of both participating bodies is required for any alteration to the provisions hereof. The Council of each participating body shall notify the Board and the Council of the other participating body of its decision in the matter.

FUNCTIONS, POWERS AND DUTIES OF THE BOARD

17. In accordance with the instructions given by the Councils of the participating bodies from time to time the Board shall administer the qualifying examinations precedent to entry on the Register of Patent Agents and the Register of Trade Mark Agents in accordance with The Register of Patent Agents Rules (SI 1990 No. 1457) and The Register of Trade Mark Agents Rules 1990 (SI 1990 1458) and any subsequent amendments thereto and all matters ancillary thereto.
18. The Board shall prepare Examination Regulations in accordance with Rule 8 of Statutory Instrument 1990 No. 1457 and Statutory Instrument 1990 No. 1458 which shall be submitted to the Councils of the participating bodies for approval and by the Board to the Comptroller for approval. Then the Institutes shall make the Regulation.
19. In relation to the examinations to be conducted under the control of the Board the Board shall appoint and remunerate such persons (not being members of the Board) as it thinks fit as examiners.
20. The Board shall be responsible for holding the qualifying examinations at least once in every year as such times and places in the United Kingdom as it thinks fit.
21. The Board shall satisfy itself that each candidate for the examinations has complied with the requirements for eligibility for the particular paper which the candidate desires to sit. The Board shall maintain such records of these matters as may be necessary.
22. The Board shall from time to time adopt and publish a syllabus for the examinations as well as requirements for admission to examinations.
23. The Board shall have power to vary the syllabus.
24. The Board shall issue to every successful candidate a certificate which shall be evidence to the appropriate Registrar of success in the examination concerned. In the event that an unsuccessful candidate has complaint or query regarding his or her results, he or she shall notify the Board in writing of the complaint or query. The Board shall consider the matter and, after receiving any further submissions which the Board may request from the candidate or any other party, reply to the candidate in writing giving its ruling in the matter. In the event that the Board considers that the matter raised by the candidate is of a nature of which the Board would welcome guidance, the Board may refer the matter to the Comptroller.

REPORTS TO THE COUNCILS OF THE PARTICIPATING BODIES

25. After each examination or group of examination papers set and taken at approximately the same time the Board shall report to the Councils of the participating bodies on the results of the examinations.

FINANCIAL ARRANGEMENTS

26. The income of the Board shall consist solely of such fees and payments as the Board acting on behalf of the participating bodies shall collect and receive.
27. The Board shall apply its income to the discharge of its functions powers and duties and shall as far as possible secure that its activities take as a whole and from year to year are self-supporting.
28. The Board may receive contributions by way of loan from the participating bodies towards the financial requirements of the Board.
29. The Board shall cause to be kept such books of account with respect to its income and expenditure and its assets and liabilities as are necessary to give a true and fair view of the state of the Board's affairs and to explain its transactions. The Board shall present annually to the Councils of the participating bodies a balance sheet and income and expenditure accounts.

AUDIT

30. The accounts of the Board shall be audited annually.


September 2007
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