Francis Drake Bowls Club

20-Jul-2019

New Constitution approved


Constitution

1. Name and Objectives

1.1. The name of the Club shall be ‘Francis Drake Bowls Club’.

1.2. The aim of the Club shall be that of promoting outdoor bowling at Francis Drake. This will be achieved by providing the opportunity for members to play bowls casually, purely for social enjoyment, friendly matches against other clubs and competitively at all levels. The Club will actively encourage people living locally to attend special events, introductory and casual sessions and give them the option to become members.

1.3. The Club is committed to promoting a safe environment in which children and vulnerable adults can enjoy taking part in games of bowls. The Club will ensure this commitment by following the Safeguarding, Equalities, Health and Safety and other relevant policies of the governing body.

1.4. All matches shall be played in accordance with the Laws of the Sport as approved by Bowls England. The Club and its members shall, as a condition of the continuance of affiliation to Bowls England, at all times and in all respects conform to and be bound by the Rules of Bowls England.

1.4.1. All members taking part in any competition arranged by the club shall abide by the rules and spirit of the event. Competitions will be played according to the rules of Bowls England.

2. Officers of the Club

2.1. The Officers of the Club shall be Full Members of the Club and shall consist of President, Secretary, Treasurer, Vice-Treasurer, Captain, Vice-Captain, Fixture Secretary, Competitions Secretary plus two ordinary members, one male and one female. These elected officers shall form the Committee.

2.2. Officers shall be elected at the Annual General Meeting and shall hold office for the period of election, retiring at the end of the period of election. All Officers of the Club shall be eligible for re-election to the same office or another office at the end of their current period of election.

3. Membership

3.1. Membership Fee

3.1.1. The rate of Subscription Fee shall be proposed by the Committee to the members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative from 1st January. The current rate of Subscription Fee shall be prominently displayed in the Club premises.

3.1.1.1. Membership of the Club shall be open to anyone interested in the sport of outdoor flat green bowls on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. Membership may however be limited according to available facilities on a non-discriminatory basis.

3.1.2. Members shall pay all applicable fees on joining the Club and thereafter by 30th April.

3.2. Members’ duty to provide contact details

3.2.1. Every member shall furnish the Secretary with up-to-date contact details that shall be recorded in the Register of Members and any notice sent to such address/es either by post or electronically shall be deemed to have been duly delivered.

3.3. Conduct of Members

3.3.1. Undertaking by members to comply with rules

3.3.1.1. Every member, upon joining and thereafter, is deemed to have notice of, and undertakes to comply with, the Club Rules and any Byelaws and Regulations of the Club.

3.3.2. Disciplinary action against members

3.3.2.1. All disciplinary matters will be dealt with in accordance with Bowls England Regulation 9 (Misconduct).

3.3.3. Complaints

3.3.3.1. Complaints of any nature shall be addressed in writing to the Secretary.

3.4. Limitation of Club liability

3.4.1. Members are bound by the following Rule which shall also be exhibited in a prominent place within the Club premises:

“Members of the Club may use the Club premises, and any other facilities of the Club, entirely at their own risk and, by implication, accept:

a) The Club will not accept any liability for any damage to or loss of property belonging to members.

b) The Club will not accept any liability for personal injury arising out of the use of the Club premises, any other facilities of the Club either sustained by members or caused by the said members whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of them, the Officers, Committee or Servants of the Club.”

3.4.2. Membership of the Club and acceptance of these Rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act.

4. Management Committee

4.1. Composition of Committee

4.1.1. Candidates for election to the Committee shall be those members of the retiring Committee eligible to offer themselves for re-election and such other full members whose nominations (duly proposed and seconded in writing by Full members of the Club) with their consent shall have been received by the Secretary at least 28 days before the date of the Annual General Meeting in each year. Such nominations, together with the names of the Proposer and Seconder shall be displayed at the Club premises at least 14 days before the date of the Annual General Meeting.

4.1.2. If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot of those members present and entitled to vote at the Annual General Meeting.

4.1.3. If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if majority of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.

4.1.4. In the event of the ballot failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.

4.1.5. If, for any reason, a casual vacancy shall occur, the Committee may co-opt another person to fill such a vacancy until the next following Annual General Meeting. Co-opted Members will be entitled to vote.

4.2. Committee Meetings

4.2.1. The Committee shall endeavour to meet regularly, making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish.

4.2.2. Voting shall be by show of hands. In the case of equality of votes the matter shall be deferred to a future meeting.

4.2.3. Five members personally present shall form a quorum at a meeting of the Committee.

4.3. Powers of the Committee

4.3.1. The Committee shall manage the affairs of the Club according to the Rules and shall cause the funds of the Club to be applied solely to the objects of the Club.

4.3.2. In particular the Committee shall ensure that the property and funds of the Club will not be used for the direct or indirect private benefit of Members other than as reasonably allowed by the Rules. No surpluses or assets will be distributed to members or third parties and all surplus income or profits will be re-invested in the Club.

4.3.3. The Club Officers shall have the power to deal with all matters relating to the Club which are not provided for in these Rules.

4.4. Appointment of Sub-Committees

4.4.1. The Committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law.

4.4.2. Members of the Committee may attend any sub-committee meeting.

4.4.3. Members of sub-committees invited to report to a Committee meeting shall have no voting rights.

4.5. Disclosure of Interest to Third Parties

4.5.1. A member of the Committee, of a sub-committee or any member of the Club, in transacting business for the Club, shall disclose to third parties that they are so acting.

4.6. Limitation of Committee's authority

4.6.1. The Committee, or any person or sub-committee delegated by the Committee to act as agent for the Club or its members, shall enter into contracts only as far as expressly authorised, or authorised by implication, by the Committee. No one shall, without the express authority of the Committee, borrow money, incur debts or bid for funds on behalf of the Club or its membership.

4.7. Members’ indemnification of Committee

4.7.1. In pursuance of the authority vested in the Committee by members of the Club, members of the Committee are entitled to be indemnified by the members of the Club against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Club.

4.7.2. Indemnity Clause

4.7.2.1. Each member of the Club shall (to the extent that such person is not entitled to recover under any policy of insurance) be entitled to be indemnified out of all funds available to the Club which may lawfully be so applied against all costs, expenses and liabilities whatsoever reasonably incurred by such person in the proper execution and discharge of duties undertaken on behalf of the Club arising there from, or incurred in good faith in the purported discharge of such duties. Save in any such case where any such costs, expenses and liabilities arise in connection with any negligence, default, breach of duty or breach of trust.

4.8. Contractual Liability

4.8.1. The Committee shall endeavour to ensure that the following clause is incorporated in every contract, lease, licence or other agreement entered into by the Committee of the Club, as appropriate.

4.8.1.1. The liability of the Committee for the performance of any contractual or other obligation undertaken by them on behalf of the Club shall be limited to the assets of the Club from time to time.

4.9. Nomination of Honorary Members/Life Members

4.9.1. The Committee may nominate for election at an Annual General Meeting such Honorary/Life Members as the Committee may think fit.

4.9.2. The election of Honorary/Life Members shall be placed before the Annual General Meeting each year and such Honorary Members shall be duly elected if two thirds of those present, and entitled to vote, vote in favour of election.

4.9.3. Such members shall have all the privileges of other playing members and may hold office if elected.


5. Annual General Meeting

5.1. An Annual General Meeting of the Club shall be held each year in the month of November on a date to be fixed by the Committee. The Secretary shall at least 14 days before the date of such meeting circulate to each member notice hereof and of the business to be brought forward thereat. This may be either by post or electronically.

5.2. No business, except the passing of the Accounts and the election of the Officers, Committee and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the Secretary at least 28 days before the date of the Annual General Meeting.

5.2.1. An external examiner to inspect and approve the accounts shall be appointed for the forthcoming year.

5.2.2. The Secretary shall keep a record of all business transacted at General and other meetings. He/she will submit a report of proceedings since the previous AGM.

5.2.3. The Treasurer shall furnish a full account of receipts and expenditure during the past year.

5.2.4. The annual subscription shall be agreed upon for the next season.

5.3. The Committee may at any time, upon giving 21 days notice in writing, call a Special General Meeting of the Club for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.

5.4. The Committee shall call a Special General Meeting upon a written request addressed to the Secretary signed by at least 10 members. The Committee shall meet within seven days of the request in order to call a SGM. The Committee shall give 21 days notice in writing of any such Special General Meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members.

5.5. At every meeting of the Club the President will preside, or in their absence, a Chair elected by a majority of those present shall preside.

5.6. The quorum at any General Meeting of the Club shall be 50% of members entitled to vote at the relevant meeting and personally present.

5.7. Only Full Members or Honorary Members shall vote at any General Meeting of the Club. Other members may attend and speak but are not entitled to vote.

5.8. Voting, except upon the contested election of members of the Committee, shall be by show of hands.

5.9. On any resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule, Byelaw or Regulation of the Club such Rule, Byelaw or Regulation shall not be created, repealed or amended except by a majority vote of at least two-thirds of those present and entitled to vote.

5.10. No alterations or additions to these Rules shall be made except at an AGM or a Special General Meeting.

6. Dissolution of the Club

6.1. In the event of the dissolution of the club after discharging all debts and liabilities of the Club, the remaining assets shall not be paid or distributed amongst the Members of the Club, but shall be given or transferred to some other voluntary organisation having similar objects.