DRAFT CONSTITUTION

DRAFT Version 6

Milford on Sea Bowls Club

Constitution

Contents     

1: Name and Objectives. 1

2: Officersof the Club   2

3: Membership. 2

4: Management Committee. 3

5: Annual General Meeting. 3

6: Dissolution of the Club. 3

7: Alterations to the Constitution………………………........………………………………….…………………………10

8: Miscellaneous. 3

Appendix A: Officers of the Club - Committee Members & Non Committee Officers……….…….11

1: Name and Objectives 

1.1         The name of the Club shall be Milford on Sea Bowls Club (hereinafter referred to within this constitution as the ‘Club’).

1.2          The Club shall be affiliated to Bowls England, Bowls Hampshire and local area associations around Bournemouth and District and within the New Forest as fits the club’s purpose at any time.

1.3          The objectives of the Club are to provide facilities for, and to promote participation in, the amateur sport of outdoor flat green bowls and indoor short mat bowls in Milford on Sea for the benefit and enjoyment of the members of the Club as a whole, during the bowling seasons, and to promote social activities throughout the year.

1.4          The Club shall adopt and conform to Bowls England Rules & Regulations and the Crystal Laws of the Sport of Bowls and the domestic rules may be applied in Club Competitions.

2: Officers        of the Club     

                 2.1 The Officers of the Club shall be Full Members of the Club and shall consist of

President, Vice-President, Secretary, Treasurer, Men’s Captain and Vice-Captain, Ladies’ Captain and Vice-Captain, Ladies’ Secretary, Green Ranger, Match Secretary, Catering Officer, Competition Secretary, Safeguarding Officer, Accounts Examiner, Stewards Co-Ordinator, Ladies Treasurer, Welfare Officer and Senior Coach.

Election of Committee Members is covered in Section 4.1.1

See Appendix A: Officers of the Club

3: Membership 

3.1          Categories and votes of Membership

3.1.1                 The club shall have different classes of membership and subscription on a non‐discriminatory and fair basis.

There shall be the following categories of membership with power to vote at all relevant meetings of the Club as indicated hereunder.

(a)                A FULL MEMBER – being a person who, at the date of election, shall have attained the age of eighteen years shall have one vote.

(b)               A JUNIOR MEMBER – being a person who, at the date of election, is under the age of eighteen shall have no vote. Such a member shall be one who at the commencement of the subscription year joins the

Club other than as a full member.

(c)                A LIFE VICE PRESIDENT MEMBER – who shall have no vote unless                     they are a Full Member.

(d)               AN ASSOCIATE MEMBER – who shall have no vote.

Shall be those who wish to take part in the social activities of the Club only and have paid the Annual Associate Subscription. They shall be ex-playing members or the partners of playing members except that those who fall into neither categories and were admitted before November 2008 may continue as such.

                3.2         Rights and privileges of members

3.2.1                 The rights and privileges of each category of membership shall be as follows:‐

(a)                A FULL MEMBER shall have the full use of all Club facilities. Affiliation Fees shall be payable to Bowls Hampshire, Bowls England, Bournemouth & District Women’s Bowling Association, Bournemouth & District Bowling Association, New Forest Women’s Bowling Association and New Forest Bowling Association.

(b)               A JUNIOR MEMBER shall have the full use of all Club facilities. Affiliation Fees shall be payable to Bowls Hampshire, Bowls England, Bournemouth & District Women’s Bowling Association, Bournemouth & District Bowling Association, New Forest Women’s Bowling Association and New Forest Bowling Association.

(c)                A LIFE VICE PRESIDENT MEMBER shall have the full use of all the Club facilities.

(d)               AN ASSOCIATE MEMBER shall have the full use of the Pavilion

facilities.

                3.3      Membership Joining Fee & Subscription Fee

3.3.1                 The Subscription Fee for each category of Membership 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 2/3rds majority of those present and entitled to vote and shall become operative from the 1st of March in the following year. The current Subscription Fee shall be prominently displayed in the Club premises.

(a)                Membership of the Club shall be open to everyone interested in the sport of outdoor flat green bowls and/or indoor short mat bowls on a non-discriminatory basis. Membership may however be limited according to Club capacity and facilities on a non-discriminatory basis.

(b)                 The Club Committee may refuse membership or, subject to point 3.6.2 of this constitution, remove it, only for good cause such as conduct likely to bring the Club or sport into disrepute. Appeal

against refusal or removal may be made to the members.

                               

3.3.2                 All members shall pay the first annual subscription fee upon election to the Club and thereafter by the 1st March in subsequent years.

                3.4 Members’ duty to provide contact details

3.4.1                 Every member shall provide the [Honorary] Secretary with up‐to‐date contact details in line with General Data Protection Regulations 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.

     3.5       Approval and Resignation    

                     3.5.1 Application for membership

(a)                 An application for membership shall be in the form prescribed by the Committee and shall include the name, address and contact details of the candidate

                            

3.5.2            Approval of Members

(a)                 Upon receipt of an application for membership, the [Honorary] Secretary shall provide the Committee with a copy of the application form for their consideration. The election of all classes of members is vested in the Committee and shall be a simple majority vote of the Committee. The Committee may refuse applications only for good cause. The [Honorary] Secretary shall inform each candidate in writing of the candidate's election or non‐election. The [Honorary] Secretary shall provide an elected candidate with a copy of the Rules & Regulations of the Club and make request for such payments as are necessary.

New members and applicants who, in the opinion of the Men’s or Ladies’ Captains, are not of a required playing standard shall be required to undergo a course of instruction by a Club coach who shall confirm their fitness as bowlers to the Management Committee before their membership is either confirmed or approved as appropriate

                3.5.3            Payment of Fees upon Membership Approval  

Upon acceptance, a candidate shall pay, within one calendar month, fees as shall be requested. In default of such payment, the membership shall be void unless sufficient cause for delay be shown.

                     3.5.4 Resignation of a member  

(a)                A member wishing to resign their membership shall give notice in writing to the [Honorary] Secretary.

                     3.5.5            Arrears of Subscription  

(a)                The Committee may cancel the membership of any member whose annual subscription and other annual fees are more than one month in arrears provided that the Committee may, at its discretion, re‐instate such member upon payment of arrears. No member whose annual payment is in arrears may use the Club premises or vote at any meeting.

                3.6         Conduct of Members

                     3.6.1     Under‐taking by members to comply with rules

(a)                 Every member, upon acceptance and thereafter, is deemed to have notice of, and undertakes to comply with the Club Rules and Regulations.

                    3.6.2        Disciplinary action against members  

(a)                Any member whose conduct, whether on Club premises or elsewhere, is in the opinion of the Committee such that it is prejudicial to the interest of the Club or its reputation, may be called upon to account to the Committee for such conduct, and the Committee shall have power to suspend or terminate membership following such enquiry. The Club acknowledges Bowls England’s Regulation 9 covering disciplinary matters and undertakes to use Regulation 9 when dealing with disciplinary issues.

(b)               Should any member be expelled, the former member shall not be entitled to have any part of the annual membership fee refunded and must return any property belonging to the Club.

                      3.6.3      Complaints

(a)                 Complaints of any nature shall be addressed in writing to the [Honorary] Secretary.

                     3.6.4       Members of other Bowls England Affiliated Clubs  

(a)                 A member of any Club affiliated to Bowls England (a list whereof is published by Bowls England annually) may be authorised to use the premises of the Club.

                3.7      Limitation of Club liability  

3.7.1                 All references to the Club in this Section shall mean each and every individual member of the Club from time to time.

3.7.2                 Neither the Club nor any officer thereof shall be liable to any member, or guest of any member, visiting teams or their guests or any member of the public, for any loss or damage to any property occurring from whatever cause in or about the Club premises nor for any injury sustained by such persons whilst entering or leaving the Club premises

3.7.3                 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 General Data Protection Regulations.

4: Management Committee           

                4.1 Composition of Committee

4.1.1                 The Committee shall consist of 12 Full Members elected at the Annual General Meeting to hold office for the term of one year.

4.1.2                 Candidates for election to the Committee shall be those 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 [Honorary] Secretary at least twenty eight 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 posted to the Club premises at least fourteen days prior to the date of the Annual General Meeting.

4.1.3                At the AGM every Full Member shall be entitled to one vote.

4.1.4                 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.

4.1.5                 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.

4.1.6                 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.

4.1.7                 If, for any reason, a 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 once a month making such   arrangements as to the conduct, place of assembly and holding of such meetings as it may wish. At all meetings, the President, or in his or her absence the Vice President, shall act as Chairperson. If neither is present a Chairperson shall be elected by the members present

4.2.2                 Voting shall be by show of hands. In the case of equality of votes the Chairperson shall be entitled to a casting vote.

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

4.2.4                Any conflict of interest must be declared to the Chairperson prior to the start of the meeting. The Chairperson will determine if the person may remain in the meeting and/or vote when the item is discussed.

4.2.5                 A Special Meeting of the Committee may be called at any time by the President or Secretary or any two members of the Committee by giving not less than seven days notice.

Matters of urgency shall be dealt with by any member of the Committee available at the time and shall be reported at the next meeting of that Committee

                4.3   Powers of the Committee

4.3.1                 The Committee shall manage the affairs of the Club and shall use the funds of the Club to be applied solely to the benefits 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. No surpluses or assets will be distributed to members or third parties and all income or profits will be re‐invested in the Club.

                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. The Committee may also appoint Representatives to outside bodies and to co-opt members for these purposes.

4.4.2                The Vice President shall act as a liaison officer with all Sub-Committees

                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, by the Committee. No Member shall, without the express authority of the Committee, borrow money or incur debts 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.

(a)                Indemnity Clause

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

Provided that any such member so indemnified has been properly authorised in relation to the duties undertaken on behalf of the Club by the General Committee.

4.7.2                 The limit of any individual member's indemnity in this respect shall be a sum authorised by the Committee.

                4.8        Contractual Liability

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, as appropriate.

“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 Life Vice Presidents by the Committee  

4.9.1          The Committee may nominate for election at an Annual General Meeting such Life Vice Presidents as the Committee may think fit.

4.9.2          The election of Life Vice Presidents 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.

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 [Honorary] Secretary shall at least fourteen days before the date of such meeting display details on the Club’s notice board and circulate to each member notice and of the business to be brought forward. This may be either by post or electronically.

     5.2           Nominations for election to the Management Committee shall be made by entry on a form which will be posted by the Secretary on the Club notice board not later than the 1st September.

Each nominee must be willing to stand and must be proposed and seconded by a Full Member by the 30th September. No Full Member shall propose or second more than one candidate for election to the Management Committee

5.3          No business, except the passing of the Accounts, Officers Reports and the election of the Officers, Committee, and Honorary Auditors, 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 [Honorary] Secretary at least 28 days before the date of the Annual General Meeting.

5.4          The Committee may at any time, upon giving twenty one day’s 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.

5.5          The Committee shall call a Special General Meeting upon a written request addressed to the [Honorary] Secretary signed by at least 12 membersspecifying the resolutions to be discussed. Notice of the day and time of any Special Meeting shall be sent to each member at least seven days before such meeting. Notice of any Special Meeting shall be deemed to have been served by displaying details on the Club’s notice board and by email communication to members. The discussion at such meeting shall be confined to the business stated in the notice sent to members.

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

5.7          Only Full Members shall vote at any General Meeting of the Club.

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

5.9          In the case of an equality of votes the Chairperson shall have a casting vote, on any matter.

5.10        Notice of any motion duly proposed and seconded to be included in the agenda of the AGM must be submitted, in writing, to the Secretary not later than 28 days before the date of the AGM. On any resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule or Regulation of the Club such Rule 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.

 

6: Dissolution of the Club  

6.1         If, at any General Meeting of the Club, by a majority comprising two-thirds or more of voting members present, a resolution be passed calling for the dissolution of the Club, the Secretary shall immediately convene a Special General Meeting to be held not less than one month thereafter to discuss and vote on the resolution.

6.2          The Secretary shall notify each Member by post or by email, at his or her last known address, of the calling and purpose of such a meeting, giving not less than fourteen days’ notice.

Any accidental omission or non-receipt of such notice shall not invalidate such proceedingsor resolution.

6.3         If, at that Special General Meeting, the resolution is carried by at least two‐thirds of the Members present, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the Club and discharge all debts and liabilities of the Club.

6.4          Upon dissolution of the Club the Committee shall give or transfer the net assets remaining to one or more of the following:

(a)                to another Club with similar sports purposes and/or

(b)               to another Club with similar sports purposes which is a registered CASC and/or to Bowls England for use by them in related community sports.

7: Alterations to the Constitution

No alteration to this Constitution shall be made except at an AGM or Special General Meeting convened for that purpose, and at which two-thirds of the votes cast of those present shall be in favour of such amendments. Any proposed alteration must be in writing, duly proposed by one Full Member and seconded by another Full Member and shall be received in writing by the Secretary not later than 28 days before the date of the AGM.

Should any question arise not covered by this Constitution it shall be dealt with by the Management Committee whose decision shall be binding.

8: Miscellaneous       

                8.1Safeguarding

The club shall adhere to the Safeguarding Policy of Bowls England and will ensure that all the contents are communicated to members and clearly displayed within the club premises for Members and Visitors.

                8.2         Equalities

                      The club shall adhere to the Equality Policy of Bowls England.

8.3          The Members acknowledge this document constitutes a legally binding contract to regulate the relationship of the members with each other and the Club.

Appendix A: Officers of the Club

Committee Members            (All elected)

President

Vice President

Secretary

Treasurer

Captain/s and Vice Captains

Green Ranger

Ladies Secretary

Match Secretary

Catering Officer
Non Committee Officers

Competitions Secretary       (Appointed)

Safeguarding Officer             (Appointed)

Stewards Co-Ordinator         (Elected)

Ladies Treasurer                     (Elected)

Welfare Officer                       (Appointed)

Senior Coach                           (Appointed)

Accounts Examiner                 (Elected)