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SBA CONSTITUTION |
26-12-2011 Return |
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Somerset Bowls Association CONSTITUTION AND RULES –Version 6.4 (11/11) Interpretation These Constitution and Rules, as last amended on 19th November
2011, were adopted on 14th November 2009. In these Rules unless
the context otherwise permits or requires, the following words and
expressions shall have the following meanings: ‘Affiliated Club’ means a
Club that is affiliated to the Somerset Bowls Association (SBA). Any club
which, as at 30th September 2009, is affiliated to either the SCBA or
SCLBA or elects to affiliate as a Mixed Club (see below) is deemed to be
an Affiliated Club as from the date of the Inaugural General Meeting of
the SBA. ‘Alternative Vote Basis’ means the system whereby candidates are
ranked by electors and votes redistributed until the number of required
candidates or a candidate with more than 50% support emerges ‘BE’ means Bowls England ‘Council’ means a council of Members elected
annually at the AGM and comprising the two Senior Vice Presidents, the two Junior Vice Presidents, and one
member (not to serve on the ExB) from each of eight regions as follows: Region 1, Bath – Alexandra, Bath (Ladies’)
BC, Bath (Men’s) BC, Bath Police, Bath Post Office, Bloomfield, Stothert
& Pitt (Ladies’), Stothert & Pitt (Men’s), Sydney Gardens,
Victoria Park (Bath), Weston (Bath)(Ladies’), Weston (Bath) (Men’s) Region 2, Bristol – Ashton, Bristol BC,
Imperial, Knowle (Ladies’), Knowle (Men’s), Long Ashton,
St Annes Park, Severn Vale, Victoria Park (Bristol), Willmott Park Region 3, East – Chew Stoke, Fosseway, Frome
Park, Frome Selwood, Fry’s, Keynsham, Norwest, Paulton, Prattens,
Purnell Region 4, North – Avon & Somerset
Constabulary, Clevedon, Clevedon Promenade (Ladies’), Clevedon Promenade
(Men’s), Congresbury, Nailsea (Ladies’), Nailsea (Men’s), Portishead
(Ladies’), Portishead (Men’s), Portishead RBL (Ladies’), Portishead
RBL (Men’s), West Backwell, Wrington, Yatton (Ladies’), Yatton
(Men’s) Region 5, South – Chard, Crewkerne, Donyatt
Sport & BC, Ilminster, Merriott, Severalls Jubilee, South Petherton,
Taunton, Taunton Deane, Wellington Region 6, South-East – Castle Cary, City of
Wells, Queen Camel, Shepton Mallet, Somerton & District, Street,
Westland Sports, Wincanton & District, Wyrral Park, Yeovil Region 7, West – Bridgwater, Bridgwater BCL,
Eastover Park, Minehead, North Petherton(, Porlock & District,
Victoria Park (Bridgwater), Watchet, Williton Region 8, Weston-super-Mare – Ashcombe Park,
Banwell, Burnham-on-Sea, Clarence (Ladies’), Clarence (Men’s), Isle of
Wedmore, Mark Moor, St Andrews (Ladies’), St Andrews (Men’s), Victoria
(Ladies’), Victoria (Men’s), Wessex, Winscombe. ‘Club’ means a bona fide bowling club with no fewer than sixteen
members which possesses or has access for competitive purposes to a green
fit for the Sport of Bowls. Until 30th September 2012, any club
previously affiliated to the SCBA or SCLBA and having fewer than sixteen
members will continue to be recognized as a Club. It may represent a serious
breach of these rules if a Club stages an event or events on rinks not fit
for the Sport of Bowls in that it either poses a threat to the safety of
the players or is likely to cause damage to bowls ‘ExB’ means the Executive Board ‘Executive Board’ means the Executive
Board of the Somerset Bowls Association (SBA), comprising the following
Officers: President (Men), President (Ladies), Chairman, General
Secretary, Treasurer, Competition Secretary, Performance Manager,
Marketing Manager, League Secretary, Match Secretary and Logistics
Manager. (The jobs of the Officers are defined in the Job Descriptions
appended hereto) ‘Laws of the Sport’ means
the Laws of the Sport of Bowls (Crystal Mark edition) and the Domestic
Regulations for Bowls England ‘Member’ means any individual member of an Affiliated Club whose
rights of membership include the playing of bowls on the Club’s green.
(Hence, it includes not just full members (of either gender) but also
categories of membership such as Life Members and Junior Members.)
Members are ipso facto members of the SBA ‘Mixed Club’ means an Affiliated Club which until 30th September 2009
comprised more than one club, with at least one club affiliated to the
SCBA and at least one club affiliated to the SCLBA. ‘Primary Club’ means the Affiliated Club for whom the Member plays
competitive bowls. If the Member is a member of more than one Affiliated
Club but does not play competitive bowls then for the purposes of voting
at SBA general meetings, the Member must declare before the meeting one of
his or her clubs to be the Primary Club ‘Regulations’ means the
Laws of the Sport and the Rules and Regulations of Bowls England and the
Constitution and Rules of the SBA and the Constitution and Rules of
Affiliated Clubs and any other rules, by laws, regulations, conditions or
codes of conduct applying to Bowls England and the SBA and the Affiliated
Club and any amendments thereto ‘Rules’ means the Constitution and Rules of the SBA ‘SBA’ means the ‘Somerset
Bowls Association’ ‘SCBA’
means the ‘Somerset County Bowling Association’ ‘SCLBA’
means the ‘Somerset County Ladies Bowling Association’ ‘Somerset’
means the geographical area described by the County boundary on 31st
March 1965 ‘Sport of Bowls’ means games played on outdoor level greens in
England and defined in more detail by the Laws of the Sport. Constitution
and Rules 1.
Title The
Association shall be called the ‘Somerset Bowls Association’.
2.
Purpose The
purpose of the SBA is to promote, foster and safeguard the Sport of Bowls
in Somerset in every legitimate way and in accordance with the Laws of the
Sport. In particular, it shall: (a)
advise
concerning the laying and upholding of greens (b)
provide
a safe environment in which children and vulnerable adults can enjoy
taking part in the sport of bowls (c)
hold
annually various knockout and league competitions for individuals, teams
and sides representing Affiliated Clubs (d)
play
competitive and friendly inter-county and other representative matches (e)
when
requested, interpret on questions of Regulations and practice and
arbitrate on disputes thereto between or among SBA and Affiliated Clubs
and Members. 3.
Structure (a)
The
SBA shall be an unincorporated, non-profit making organisation with all
the proceeds and surpluses being used for the defined Purpose (see Rule
2). (b)
The
SBA shall be a full member of Bowls England, and shall be represented
there by the General Secretary or another, delegated, member of the ExB. 4.
Affiliation
to the SBA (a)
Affiliation
to the SBA shall be open to Clubs in Somerset. Affiliated Clubs are ipso
facto affiliate members of BE. All Affiliated Clubs must provide the
General Secretary (and thereby BE) with an e-mail address for
correspondence. This will normally be that of the Hon. Secretary of the
club but where this is not possible the e-mail address of a member who is
prepared to accept correspondence on his or her behalf must be given. (b)
Every
application for affiliation shall be made to the General Secretary, and
shall be accompanied by a copy of the Club’s constitution and rules, a
list of its officers and all its members, the addresses of the Secretary
(including the e-mail address to be used), Treasurer and green, and the
amount of the first annual subscription. (c)
Such
application shall be considered and decided upon by the ExB. In particular
the ExB must satisfy itself that the constitution and rules of the club
are complementary to SBA and BE Regulations. The ExB shall also determine
the nature of the applicant’s affiliation (i.e. whether it be a
“single gender” Club or a Mixed Club). The General Secretary shall
advise applicants of the outcome of their application within fourteen days
of the decision. (d)
Affiliated Clubs are required
to provide a green or greens fit for the Sport of Bowls. The SBA accepts
no responsibility for greens that are dangerous for play or which are in
such a condition that damage may be caused to bowls. Any injuries
sustained by players or damage caused to bowls will be entirely the
responsibility of the Affiliated Club. Any decision to close the
green is theirs and theirs alone to make. The SBA will consider a green as
unfit for play only for National Championships & Competitions, County
Competitions and County League, and only insofar as it does not conform to
the provisions of Section 2, Rules 2 –5 of the Laws of the Sport of
Bowls as amended by Regulation 1 of the Domestic Regulations for Bowls
England. (e)
Affiliated
Clubs are bound by the Regulations, its own and those of its Associations.
The ExB may, in the event of any serious breach thereof, apply sanction or
penalty as it considers fit. Such sanction or penalty may include
suspension or expulsion of the Affiliated Club from the SBA (and hence
from BE). (f)
Affiliated
Clubs are required to purchase, each year, at least one copy of the BE
Official Yearbook and at least one copy of the SBA Administrators’
Yearbook. (g)
Any
Affiliated Club may disaffiliate from the SBA (and hence BE) by giving
written notice, to include a copy of the minute of their general meeting
of Members that resolved so to disaffiliate. (h)
Any
Clubs expelled, suspended or disaffiliating from the SBA shall forfeit all
interest in the funds of the SBA and shall be in the same position as if
it had never been a member but shall be liable for any money due to the
SBA. 5.
Membership (a)
Members
of Affiliated Clubs are ipso facto Members of the SBA. (b)
The
SBA shall have the power to elect Life Members who have rendered special
services to the sport. 6.
Annual
Subscription (a)
The
SBA Annual Subscription is the charge per Member, including the
subscription to BE, which shall be determined by the ExB. (b) The
Annual Subscription payable by a club is based on the number of members of
that club as at 30th June of the preceding year, a list of whom
is to be provided to the General Secretary by e-mail within three weeks. (Inter
alia this list must include all members competing in BE and SBA
competitions that year.) The appropriate payment must be made to the
Treasurer by 1st January. Late payment shall incur a penalty
charge of up to £100 at the discretion of the Executive Board. (c)
The ExB may suspend any Affiliated Club which fails to pay the
annual subscription by the due date. Suspended
clubs shall be treated as not affiliated until the whole of the arrears,
including any penalty charge, has been paid. In the meantime, the Club and
its Members shall be precluded from exercising any rights under the
Constitution and Rules, including playing in competitions and
representative matches. 7.
Administration (a)
All the affairs of the SBA shall be conducted by the members of the
Executive Board in accordance with the job descriptions appended hereto. The ExB may at any time and following the appropriate levels of
consultation amend those job descriptions and the administrative structure
as may be required. (b)
The ExB shall meet at least five times per year, in December, April, July,
and (in part with the Council – see Rule 7(f)) in February and October.
For such meetings, there shall be a quorum of six. In the case of equal
votes, the Chairman shall have a second and casting vote. (c)
The ExB shall have power to make appointments to fill any
vacancy arising on the ExB during the year. Such appointees shall
have the right to vote at ExB and General Meetings. It shall also ratify
all appointments of unelected individuals requested by ExB members to
assist them in the discharge of their responsibilities. It may, if
necessary to fulfil its responsibilities effectively, seek professional
advice or assistance. (d)
The accounting period of the SBA shall be twelve months to 30th
September each year. (e)
The SBA shall effect liability insurance to cover its Members in the event
of accident or injury sustained at facilities when under the temporary
control of the SBA. (f)
The performance of the ExB shall be scrutinized by the Council at two
meetings each year, the first to be held in February and the second to be
held at some time in the first two weeks of October each year. The Council
may demand that written reports on its scrutiny be presented to the AGM. 8.
General
Meetings (a)
Subject
to the General Secretary receiving e-mail or postal support for a motion
or motions, identically worded, from the secretaries of at least two
Affiliated Clubs, or upon receipt of a motion obtaining the majority
support of the ExB, the General Secretary is required either to include
them in the business for the AGM or if they have the support of at least
ten Affiliated Clubs within 45 days if sooner and so requested by the
motion to convene a Special General Meeting for the purpose of considering
such a motion or motions. (b)
At
least 21 days’ notice of all general meetings shall be given by e-mail
to the secretaries of each Affiliated Club. The agenda and all motions to
be put shall be issued with the notice. Ballot papers will be issued to
Members with appropriate voting rights when they register their attendance
at the meeting. (c)
Any
Member of any Affiliated Club is entitled to attend General Meetings. Each
Affiliated Club is required to advise the General Secretary in the manner
he or she prescribes of its mandated representative in advance of the
meeting. The Chairman, or if absent one of the two Presidents appointed by
the Chairman, shall act as chairman. (d)
Voting
rights
i.
ExB
members, members of Council and Life Members are entitled to one vote per
person. On regional matters, the person’s Primary Club determines the
Region within which their vote might be cast. Any of these persons may
also be mandated to represent an Affiliated Club in accordance with Rule
8(d)ii below.
ii.
One
mandated representative of each Affiliated Club in accordance with Rule
8(c) is entitled to cast the votes for their Club. The number of votes is
equivalent to the number of members registered with SBA by the Club as at
30th June immediately preceding the general meeting. On
regional matters, they may only vote within their own Region.
iii.
In
the case of equal votes, the chairman shall have a second and casting
vote. (e)
Twenty-five
voting members with voting rights shall form a quorum at general meetings. (f)
The
General Secretary shall keep a record of all business transacted. 9.
Annual
General Meeting (a)
Applications
and Nominations for Office
i.
The
General Secretary must invite, by e-mail, applications for each of the
following elected offices at least 60 days prior to the AGM.
Chairman General Secretary Treasurer Competition Secretary Performance Manager Marketing Manager League Secretary Match Secretary Logistics Manager Two
Middleton Cup Selectors (one each for Regions 1 to 4, and 5 to 8) Two
John’s Trophy Selectors (one each for Regions 1 to 4, and 5 to 8) Four Men’s General Selectors (one each for Regions 1 & 3, 2 &
4, 5 & 6, 7 & 8) Four Women’s General Selectors (one each for Regions 1 & 3, 2 &
4, 5 & 6, 7 & 8) Applicants for these elected offices shall require to submit their
applications by e-mail to the General Secretary according to his or her
instructions at least 40 days prior to the date of the AGM.
ii.
The
General Secretary must invite, by e-mail, nominations for each of the
following elected offices at least 60 days prior to the AGM. Presidents or Senior Vice Presidents where something untoward has
interrupted or is likely to interrupt the natural succession (see Rule
9(d)ii) Two Junior Vice Presidents (one man, one woman) Up to four other Vice Presidents (two men, two women) Eight Members of Council (one per Region) Life Members Patrons’ Association officers (as requested by the Patrons’
Association) Benevolent Fund officers (as requested by the fund’s trustees) Candidates for these elected offices shall require e-mail or postal
nomination and seconding from the secretaries of two Affiliated clubs, one
of which must be the nominee’s Primary Club, to be submitted to the
General Secretary according to his or her instructions at least 40 days
prior to the date of the AGM. An Affiliated Club shall not nominate or
second more candidates for an office than there are vacancies to be
filled.
iii.
All
applicants and nominees shall at the time of their application or
nomination and for the period until the election be bona fide
Members of an Affiliated Club. Neither the Accounts’ Examiners nor any
of their servants shall be members of or candidates for election to the
ExB or Council.
iv.
Members shall be permitted to
apply for and serve in no more than two elected or appointed SBA positions
other than Vice President.
v.
The
ExB may refer back nominations for Vice President or Life Membership that
it feels are not worthy. It may do this on two successive occasions. Any
such nomination being received on a third occasion must be allowed to go
forward to the AGM. (b)
Notice
– The AGM shall be held on a Saturday in November each year. Included
with the notice shall be:
i.
Reports
from each ExB member
ii.
Any
scrutiny report from the Council
iii.
Details
of all applications and nominations for office
iv.
Any
motions to be put in accordance with Rule 8(a). (c)
Business
– The AGM shall:
i.
Appoint
scrutineers
ii.
Consider
for adoption the reports presented with the notice and the audited
accounts
iii.
Consider for adoption annual reports from the Patrons’ Association and
benevolent funds.
iv.
Consider
all motions put
v.
Elect
its officers and any Patrons’ Association and Benevolent Fund officers
so requested by that association or fund
vi.
Appoint
Accounts’ Examiners. (d)
Elections
i.
The
AGM shall elect all the officers, on the Alternative Vote Basis, from the
valid applicants and validly nominated candidates. Except for Life Members
and as advised by the Patrons’ Association and Benevolent Fund, each
elected officer shall serve for one year and for no more than five
consecutive years in the same post, except that other Vice Presidents
shall normally serve for a maximum of two years, from the day following
their election.
ii.
At
the AGM each Senior Vice President shall succeed to President, and each
Junior Vice President shall succeed to Senior Vice President, all to serve
in that office for one year.
iii.
Any
Member elected to office (apart from Life Members) who during the course
of the term of the office for which he has been elected ceases for a
period of at least 30 days to be a member of an Affiliated Club, including
under the provisions of Rule 6(c), shall be disqualified from office with
immediate effect. A vacancy so arising may be filled by the ExB in
accordance with Rule 7(c). 10.
Misconduct
and Disputes For all
matters relating to Misconduct and Disputes, Regulation No. 9 of Bowls
England Disciplinary Regulations as published in BE Rules &
Regulations Issue B is adopted and shall be applied in full. 11.
Protection
of Children and the Vulnerable The SBA is committed to promoting a safe environment in which children
and vulnerable adults can enjoy taking part in the sport of bowls. It will
seek to underpin and ensure this commitment by following and promoting the
joint Child Protection Policy Procedures of BE. Affiliated Clubs shall, by
1st January each year in the manner he or she so prescribes,
confirm to the General Secretary that they follow and promote Child
Protection Procedures and retain an appropriate clause to this effect in
their Rules and Constitution, and name the Affiliated Club’s current
Child Protection Officer together with their address and telephone number
and where appropriate their e-mail address. 12.
Discrimination,
Equal Opportunities and Human Rights Legislation The Association acknowledges its responsibility under this Legislation to
ensure, inter alia, that nobody is unfairly discriminated against
solely on grounds of gender, sexuality, age, race, religious belief,
disability or level of personal income whilst participating, or seeking to
participate, in the Sport of Bowls in Somerset. 13.
Data
Protection Act 1984 All Clubs that supply a list
of their members for whatever reason shall be deemed to be aware of the
provisions of the Act relating to the disclosure of personal information
and to have given their authorisation to such disclosure. 14.
Indemnity (a)
The
Executive Board and each and every member whose appointment has been
ratified by the ExB shall, except in the case of wilful default or
fraudulent acts or admissions, be indemnified by and out of SBA funds
against any loss, damage, expense or liability incurred by reason of or in
connection with any legal proceedings instituted against them or any of
them for any act done, admitted or suffered in relation to the performance
of any of their duties in respect of the SBA. (b)
The
ExB shall effect any appropriate insurance cover in respect of the
indemnity provision in this clause at the expense of the SBA. 15.
Monetary
Gain No person or firm or company or undertaking in which any ExB member
or any of their ratified appointed assistants is involved shall be
entitled to derive or otherwise receive any income, benefit or advantage
from the SBA where that person is able to determine or materially
influence the amount or nature of that income, benefit or advantage.
Provided that any persons who render professional services to the
SBA shall be entitled to be paid all usual and reasonable professional
business and trade charges for work done for the SBA. 16.
Liquidation In the event of the liquidation of the SBA the funds and assets of the
SBA remaining after payment and satisfaction of its debts and liabilities
and the costs and expenses of liquidation shall be distributed by the SBA
in general meeting to a sporting body which is established substantially
or primarily for the purpose of promoting any game or sport, provided that
the game or sport is conducted for the recreation and benefit or
entertainment of the general public in Somerset and no part of the income
or other funds of the body corporate operating such sport is used or
available to be used for the pecuniary profit of any proprietor, member or
shareholder. 17.
Adoption
of these Rules Upon the adoption of these Constitution and Rules existing Affiliated
Clubs who in the opinion of the ExB would not otherwise qualify for
affiliation under these Rules shall be afforded a period of three years
from the date of adoption to comply with the Rules. Failure to comply with
this Rule within the said period may be considered to be a serious breach
of Rule 4(e). 18.
Alteration
of Rules Alteration of or addition to all or any of the foregoing Rules shall be
made only at the AGM or at such Special General Meeting convened for the
purpose by motion put in accordance with Rule 8(a). 19.
Matters
not provided for If
any matter shall arise which in the opinion of the ExB is not provided for
in these Rules then the matter may be determined by the ExB in such manner
as it sees fit, and every such determination shall be binding upon
Affiliated Clubs and Members unless and until set aside by a resolution of
a general meeting.
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