1.  NAME

 

1.1  The name of the Club shall be BERWICK BOWLING CLUB  hereinafter referred to as “the Club”

1.2  The address of the Club is Magdalene Fields Berwick-upon-Tweed TD15 1NE

1.3  The Club shall affiliate to Bowls Scotland

 

2.  OBJECTIVES

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2.1         The Club shall hold the following as its aims and objectives and shall strive to fulfil these aims and objectives at all times:

2.1.1    To fulfil the general objectives and functions of a bowls Club and sports Club and by undertaking such activities as may be reasonably necessary and/or incidental to such objectives;

2.1.2    To generally promote the game of lawn bowls for the benefit of members and the local community of Berwick-upon-Tweed and neighbourhood.

2.1.3     To promote and abide by the Rules of Bowls Scotland

2.1.4     To provide access to lawn bowls for players of all standards in a friendly and welcoming atmosphere that does not discriminate on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex; sexual orientation, political or other opinion

2.1.5    To provide coaching in bowls to beginners and for improvement for experienced players;

2.1.6    To arrange competitions and matches for members;

2.1.7    To lease and/or purchase land and/or equipment suitable for the purposes and functions of the Club; and

2.1.8    To sell and deal in alcohol, mineral/aerated water,  and all  other related products as well as refreshments, foodstuffs and bowling equipment in accordance with the provisions of any licensing laws and by obtaining the necessary statutory consents and licences for this.

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3.  MEMBERSHIP

3.1  Any person seeking to join the Club shall submit an application to the    Management Committee who has the power to approve or reject any application

3.2.   Membership is open to all and no application for membership will be refused on other than reasonable grounds that would be prejudicial to the objectives of the club as set out in Rule 2 of this constitution.  

3.3  There will be no discrimination on grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex; sexual orientation, political or other opinion

3.4  The management committee should communicate in writing to any applicants who have been refused membership to the club explaining the reasons for refusal. Refused applicants should also be given the right of appeal as stipulated in the clubs disciplinary procedures. The appeals panel shall be independent to the committee/ individuals making the original decision

3.5  The membership of the Club shall consist of the following Classes of membership:

3.5.1     Adult Full Membership

3.5.2     First Year Membership

3.5.3     Associate Membership

3.5.4     Junior Membership

3.5.5     Life Membership

3.5.6    Honorary Membership

3.6   Members in each category shall pay the relevant membership fees as fixed at each Annual General Meeting.

3.7    All members joining the Club shall be deemed to accept the terms of this Constitution and any Byelaws from time to time adopted by the Club in particular including the requirement to conduct themselves in accordance with any conduct rules, equity policy and disciplinary procedures.

3.8    Only members in category 3.5.1  shall have the right to vote on any motion.

3.9    All  members in classes of membership 3.5.1  3.5.3  3.5.5  and 3.5.6  may be elected and serve on the management committee.

3.10  Annual subscriptions shall be due  14 days after the appropriate Annual General Meeting  and must be paid by  1st April.    In the event that any member’s annual subscription has not been paid by 31st May  then membership shall be automatically terminated. Termination shall be intimated to the member in writing by the Secretary. No Member shall be entitled to enter any competition prior to payment of the annual subscription or instalment of any moneys due to the Club.

3.11 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 be lawfully be so applied against all costs expenses and liabilities whatsoever reasonably incurred by such person in the proper execution and discharge of duties 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.

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

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4.     SUSPENSIONS and TERMINATION OF MEMBERSHIPS

4.1    If the conduct of any member (either in or out of the clubhouse, on the green, or   elsewhere) brings the club into disrepute or contravenes the objectives of the club as set out in Rule 2 of this constitution, The management committee has the right to:

4.1.1  Terminate or suspend any membership provided that the member concerned shall have the right to be heard by the full management committee before a final decision is made.

4.1.2   Any reason for refusal or termination must be communicated in writing to the individual and can be appealed to an appeals panel as stipulated in the clubs disciplinary procedures. The appeals panel will be independent to the management committee s making the original decision.

4.2   Any member who fails to pay their fees by the date required shall forfeit their membership rights, and shall be suspended from taking part in any event under the control of the club until such fees are paid.

4.3      Any member under suspension shall be barred from taking part in any match or event under the control of the Club

 5.       CLUB MANAGEMENT STRUCTURE

5.1   There shall be a Management Committee responsible for the overall management of the Club and shall have the power to make Byelaws. The Management Committee will be elected by the members at the AGM.

5.2         The management committee shall consist of the following officers:

5.2.1       President

5.2.2       Vice President

5.23.       Secretary

5.2.4      Treasurer

5.2.5      Match Secretary

5.2.6      Immediate Past President

5.2.7     Two  eligible members of the Club as defined by clause 3.9 of this constitution

5.3      Offices shall be held for the term referenced in the specific role descriptor as agreed by the management committee.

5.4    The management committee are empowered to create  such sub-committees as they see fit who shall  operate and report to the management by a representative elected by that sub committee who shall sit on the management committee but without the power to vote

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6.       ELECTION OF OFFICERS TO THE MANAGEMENT COMMITTEE

6.1      Except for the  office of immediate past president the members of the management committee shall be elected  from the membership, as defined in clause 3.9   of this constitution. 

6.2        Candidates shall be elected by a show hands  at the AGM (or if requested by no less than nine members entitled to vote by paper ballot) , and shall be members of the management committee from the conclusion of that AGM until the conclusion of the following AGM.

6.3        All nominations of candidates for election shall have the consent of the nominee; be in writing; be seconded; be received by the secretary not less than fourteen days before the AGM

6.4    Uncontested posts may be filled by nomination(s) and election at the AGM failing which by co-option at a subsequent meeting of the management committee.

6.5      The Secretary shall send to all voting members  a list of all nominations not less than seven days prior to the AGM.

 

7.     RESPONSIBILITIES  AND POWERS OF THE  MANAGEMENT COMMITTEE

7.1    The Management Committee will not have power to purchase, sell, or lease heritable property without specific authority of members at a General Meeting

7.2   The Management Committee shall from time to time appoint by a Trust Deed of Appointment trustees of the Club who shall hold any property in the name of the Club.  They shall be indemnified by the Club where acting in good faith in their capacity as trustees of the Club. 

7.3  Election to any position on the Management Committee cannot be limited by or discriminated on the ground of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex; sexual orientation, political or other opinion

7.4   There shall be vested in the Management Committee power to raise borrow or secure the payment of money for the purposes of, or in connection with, the Club’s business to such limit as may be decided from time to time in General Meeting.

7.5.1  The Management Committee shall manage the affairs of the  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

7.5.2  In particular the Committee shall ensure the  property and funds of the Club will not be used for the direct or indirect private benefit of Members other than 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.

7.6  The Management Committee shall have the power to frame Byelaws for the efficient working of the Green and the social activities of the Club.  Any such Byelaws shall be framed and exhibited within the Club premises and shall be binding on all members.

7.7   Unless agreed otherwise the President whom failing the vice President shall chair all meetings of the Management Committee

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

8.       ANNUAL GENERAL MEETINGS

8.1    The Annual General Meeting shall be held once per calendar year, within 4 months of the end of the financial year, and may be attended by ALL members, however, only members who possess the right to vote will be able to vote on club business which shall include:-

8.1.1         The presentation of the reports by the Club officers

8.1.2          The election of any office-bearers and/or Ordinary Committee members

8.1.3         The approval of the minutes of the last Annual General Meeting and any other General Meetings held during that year.

8.1.4        The presentation of the examined accounts for the last financial year and appoint a Club examiner ad to fix the annual subscriptions for the ensuing year

8.1.5        Any other relevant business.

8.2    An agenda giving notice of the Annual General Meeting must be circulated along with a copy of the examined accounts at least 14 calendar days in advance.

8.3   The quorum for any Annual General Meeting and/or Special General Meeting  shall be 20 members

8.4   Voting on any matters other than a change to the constitution shall be by simple majority of Club members present and voting.

8.4.1         Nominations for office-bearers must be received at least 14 calendar days in advance of the Annual General Meeting.

8.4.2      Office Bearers of the club must come from the  categories of membership specified in clause 3.9

8.4.3        Each nomination shall require one proposer who shall be a voting member of the Club.

8.4.4        Elections shall be conducted on a simple majority of Club members present and voting.

8.4.5      In the event of there being no nomination for a post within the stipulated time then nominations may be accepted at the Annual General Meeting.

8.4.6     In the event that no person is voted in to a post or in the event of resignation or retiral from a position, the President or Vice President will undertake the duties until such time as the post is filled. Elections to fill such a vacant post should take place at a special general meeting and shall be subject to the same rules as at the Annual General Meeting.

8.4.7      All Club members shall have the right to vote by post or e-mail if they are   unable to be present in person.

8.4.8      Any member exercising their right under this clause 8.4.7 shall do so by letter or e-mail addressed to the Secretary, stating the member's postal address and membership number and stating clearly their vote in respect of the nominations and motions set out in the Notice calling the Meeting. This must reach the Secretary not later than 24 hours before the date of the Meeting in question.

8.4.9  The completed voting slips, letters and e-mails shall be kept in a sealed envelope clearly marked ‘votes’. These votes will be counted along with those cast at the General Meeting.

8.4.10 In calculating a quorum of an Annual General Meeting, no account can be taken of those Members who have exercised their voting right by post.

 

9           SPECIAL GENERAL MEETINGS

9.1       A Special General Meeting may be called by the Management Committee or by at least 9 voting members of the Club. Any such request must be submitted to the Secretary by written motion, setting out the rationale and basis for the General Meeting being called.

9.2      At least 21 calendar days' notice of a general meeting must be given to the full Club membership, except in the event of an EGM where the notice shall be a minimum of fourteen days.

9.3    The President or appointed chair, or in their absence a member selected by the meeting, will take the Chair.

9.4      All members shall register with the Secretary prior to the start of the meeting.

9.5       Each voting member outlined in clause 3.9  of this constitution shall have one vote.

9.6     All votes shall be determined by a simple majority. In the event of a tied vote, the Chair may exercise a casting vote.

9.7       The quorum shall be  twenty  members.

9.8    In the event that there are insufficient numbers of members to form a quorum, the Management Committee shall have the power to call a further Special General Meeting at which fifteen  members  shall form a quorum.

9.9    The Secretary shall keep the minutes of the meetings and record all proceedings and resolutions.

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10.     FINANCE

10.1    The financial year shall run from 1st October to 30th September.

10.2    All monies shall be lodged in a bank account in the name of the club

10.3   The income and property of the club, however derived, shall be applied solely towards the objectives of the club as set out in Rule 2, of this constitution. No portion of the income and property shall be paid or transferred directly or indirectly by way of dividend, distribution, bonus. honoraria or otherwise howsoever by way of profit to the members.   

10.4   The club shall have the power to raise money by means of yearly affiliation fees and match fees as determined by the Management Committee at the Annual General Meeting.

10.5  The Treasurer shall be responsible for securing the preparation of Annual Accounts and balance sheet of the Club and laying these before the Annual General Meeting.

10.6  The accounts shall be certified by the Club's independent Examiner  as approved at the Annual General Meeting.

10.7    The Treasurer shall have the authority:-

            10.7.1  To collect all relevant fees and dues from Club Members

            10.7.2  To make all relevant payments on behalf of the Club provided always:-                                                   any payment in excess of £500.00 but less than £1000.00  shall require  prior approval by

             two other members of the Committee and  that no payment in excess of £1000.00 shall be made

             unless prior approval of the Management Committee as whole  has been given.

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11       LIMITATION OF CLUB LIABILITY  

11.1    All references to the Club in this section shall mean each and every individual member of the Club from time to time

11.2    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 impliedly 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, and 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, Trustees or servants of the Club

11.3     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 Data Protection Act.

    

12.     THE CONSTITUTION

12.1    The Constitution shall only be altered by consent of two thirds of voting members present at an Annual General Meeting or  Special General Meeting

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13     DISSOLUTION OR WINDING UP OF THE CLUB

13.1      The Club is non-profit-making and all profits and surpluses will be used to carry out the objectives of the Club.

13.2    All surplus income or profits are to be re-invested in the Club.  No profit or surplus shall be distributed to members or third parties.

123    Upon dissolution of the Club any remaining assets shall be given or transferred to another registered CASC, a registered charity  or the sport’s governing body for use by them in related community sports.

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14       COMPLAINTS

All complaints must be made in writing to the Secretary and signed by the persons complaining; and none shall be attended to unless this rule is complied with. The Secretary shall submit all such complaints to the Management Committee, who shall take the matter into their consideration and have the power to take act as they consider necessary.

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Declaration

This constitution has been approved in accordance with article 12.1  and represents a true and up to date version of the constitution of BERWICK BOWLING CLUB

SIGNATURES

 

Chair

Martin Warner

Date 11th December 2023

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Secretary

Colin C M Edney

Date 11th December 2023