If you scroll down you can view a copy of our Constitution.
As adopted 19 April 2017
FRIARY PARK BOWLING CLUB CONSTITUTION
(Adapted from the Bowls England Model Constitution (Unincorporated Associations) Version 1.1 Revised: April 2016)
Contents
Section 1: Name and Objectives. 3
Section 2: Officers of the Club. 4
Section 4: Management Committee. 10
Section 6: Annual General Meeting. 14
Section 7: Dissolution of the Club. 15
Annex : Formal Proceedings Relating To A Complaint About A Member. 18
Section 1: Name and Objectives
1.1 The name of the Club shall be ‘Friary Park Bowling Club’ (hereinafter referred to within this constitution as the ‘Club’).
1.2 The Club shall be affiliated to Bowls England, and Middlesex County Bowling Association and Finchley & District Bowls Association.
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 in the London Borough of Barnet.
1.4 The Club shall adopt and conform to Bowls England Rules & Regulations and the Crystal Laws of the Sport of Bowls.
Section 2: Officers of the Club and Honorary Independent Examiners
2.1 The Officers of the Club shall be Qualifying Members of the Club and shall consist of-
President
Deputy President
Captain
Vice- Captain
Honorary Secretary
Honorary Treasurer
Honorary Match Secretary
Membership Secretary
Green Ranger.
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.
At the Annual General Meeting one or two Honorary Independent Examiners shall be elected for the period of election, retiring at the end of the period of election. Any Honorary Independent Examiner shall be eligible for re-election to the same office or another office at the end of their current period of election. For the avoidance of doubt, Honorary Independent Examiners are not Officers of the Club.
2.2 No-one shall be nominated as an Officer of the Club until he/she has completed one full season as a Qualifying Member of the Club.
2.3 The provisions of paragraphs 4.1.2 to 4.1.6 (both inclusive) of this Constitution shall apply (the necessary changes being made) with regard to the nomination and election of the Officers of the Club and the Honorary Independent Examiners.
Section 3: Membership
3.1 Categories and votes of Membership
3.1.1 The club may 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 member under any other category of membership.
(c) AN HONORARY LIFE MEMBER – being a person who, at the date of election, shall have attained the age of eighteen years, who shall have one vote.
(d) A SUPPORTER–being a person who, at the date of election, shall
have attained the age of eighteen years, who shall have no vote.
In addition, there shall be such (if any) further categories of membership
and subscription, on a non-discriminatory and fair basis, in respect of
persons who, at the date of election, shall have attained the age of eighteen
years and who satisfy any other criteria applicable to the relevant category
of membership, as may from time to time be proposed by the Committee
to the members at an Annual General Meeting, or a Special General
Meeting, of the Club and approved by a majority of those present and
entitled to vote. Any such member shall have one vote.
3.1.2 No member may use the Club premises, or any of the facilities of the Club, until forty-eight hours have elapsed from the date of posting of notice of election.
3.1.3 In this Constitution the expression “Qualifying Member” means any member other than (a) a Junior Member or (b) a Supporter.
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 Middlesex County Bowling Association, Finchley & District Bowls Association and Bowls England.
(b) A JUNIOR MEMBER shall have the full use of all Club facilities, but only at such days and times as shall be determined by the Committee having regard to the provisions of paragraph 8.2 of this Constitution and subject also to paragraph 8.4 of this Constitution. Affiliation Fees shall be payable to Middlesex County Bowling Association, Finchley & District Bowls Association and Bowls England.
(c) AN HONORARY LIFE MEMBER shall have the full use of all the Club facilities. Affiliation Fees shall be payable to Middlesex County Bowling Association, Finchley & District Bowls Association and Bowls England.
(d) A SUPPORTER shall have the full use of the Club-house facilities.
(e) in relation to a member under any other category of membership, the member shall have the full use of all Club facilities, but subject to such restrictions, on a non-discriminatory and fair basis, as may from time to time be proposed by the Committee to the members at an Annual General Meeting, or a Special General Meeting, of the Club and approved by a majority of those present and entitled to vote. Affiliation Fees shall be payable to Middlesex County Bowling Association, Finchley & District Bowls Association and Bowls England
3.2.2 Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or premises until they have become a member.
3.3 Membership Joining Fee & Subscription Fee
3.3.1 The rate of Joining Fee (if any) and Subscription Fee for each category of Membership shall be proposed by the Committee to the members at the Annual General Meeting in each year or at a Special General Meeting (and for this purpose Full Members who at 1 May in any year have not attained the age of thirty years shall be a separate category of membership ( but are still Full Members)). Any proposed changes and the date on which they shall become operative shall be approved by a majority of those present and entitled to vote. In default of the rate of Joining Fee (if any) and Subscription Fee for any category of Membership having been approved as aforesaid the relevant rates shall be determined by the Committee. The current rate of Joining Fee (if any) and Subscription Fee shall be prominently displayed in the Club premises.
(a) 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.
(b) Membership subscriptions will be kept at levels that will not pose a significant obstacle to people participating.
(c) 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 Joining Fee (if applicable) and their first annual subscription fee upon election to the Club and thereafter by 1 May in each year.
3.4 Members’ duty to provide contact details
3.4.1 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 address/es either by post or electronically shall be deemed to have been duly delivered. A list of members and addresses together with telephone numbers shall be available in the Club premises at all times.
3.5 Election and retirement of members
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 Election of Members
(a) Upon receipt of an application for membership, there shall be an interval of at least two days before the meeting of the Committee at which such application for membership shall be considered. The election of all classes of members is vested in the Committee and shall be a simple majority vote of those of the Committee. The Committee may refuse applications only for good cause such as conduct likely to bring the Club into disrepute. The Honorary Secretary shall inform each candidate in writing of the candidate's election or non-election. The Honorary Secretary shall furnish an elected candidate with a copy of the Rules and Byelaws of the Club and make request for such payments as are necessary.
3.5.3 Payment of Fees upon Election
(a) Upon election, a candidate shall pay, within one calendar month, fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay be shown.
3.5.4 Retirement of a member
(a) A member wishing to resign their membership shall give notice in writing to the Honorary Secretary before 1 May in any year and shall not then be liable to pay the subscription for that year.
(b) A member who retires in accordance with this Rule shall not be entitled to have any part of the annual membership fee or any other fees refunded.
3.5.5 Arrears of Subscription
(a) The Committee may cancel, without notice being given, 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 absolute 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 Undertaking by members to comply with rules
(a) Every member, upon election and thereafter, is deemed to have notice of, and undertakes to comply with, the Club Rules and any Byelaws and Regulations of the Club.
3.6.2 Disciplinary action against members
(a) A complaint by a member about another member shall only be considered if submitted in writing to the President (or in his/her absence, the Deputy President), who shall consider whether there is a case to answer, and whether the issue could appropriately be dealt with by mediation. If (s)he does so decide, (s)he shall determine how and by whom such mediation shall be conducted, and the result of such mediation shall be final and confidential. If (s)he decides that formal action is necessary, this action shall be conducted in strict accordance with the provisions set out in the Annex to this Constitution.
(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 (other than one by a member about another member) 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 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, 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.”
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 Data Protection Act.
Section 4: Management Committee
4.1 Composition of Committee
4.1.1 The Committee shall consist of the Officers, ex officio, the immediate past President and not less than five nor more than thirteen Qualifying Members (who have attained the age of eighteen years) elected at the Annual General Meeting to hold office for the term of their elected period.
4.1.2 Candidates for election to the Committee shall be those members of the retiring Committee eligible to offer themselves for re-election and such other Qualifying Members whose nominations (duly proposed and seconded in writing by Qualifying Members of the Club) with their consent in writing shall have been received by the Honorary Secretary at least seven 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 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.
4.1.4 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.
4.1.5 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 or previously nominated person.
4.1.6 If, for any reason, a casual vacancy shall occur, or if any position shall remain vacant after the Annual General Meeting, 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 at frequent intervals, as determined by the President and/or Honorary Secretary, but at least monthly, 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 Chairman (or other nominated person) shall be entitled to a second and casting vote.
4.2.3 Five members personally present shall form a quorum at a meeting of the Committee.
4.2.4 Any conflict of interest must be declared to the Chairman (or other nominated person) prior to the start of the meeting. The Chairman (or other nominated person) will determine if the person may remain in the meeting and/or vote when the item is discussed.
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 Committee shall have the power to implement any recommendation made to it under the provisions of the Annex to this Constitution, including the powers of suspension of, and expulsion from, membership.
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.
4.5 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 or incur debts on behalf of the Club or its membership.
4.7 Members’ indemnification of Committee; indemnification of Members
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 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 incurred by such person in the proper execution and discharge of duties undertaken on behalf of the Club or arising therefrom, or incurred in good faith in the purported discharge of such duties.
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 and/or Trustees of the Club, as appropriate.
“The liability of the [Committee/Trustees] 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 Life Members and Vice- Presidents by Committee
4.9.1 The Committee may nominate for election at an Annual General Meeting such Honorary Life Members and such Vice-Presidents whose services in the interests of the Club are such as to have merited this distinction 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 Life Members shall be duly elected if two thirds of those present, and entitled to vote, vote in favour of election.
4.9.3 Honorary Life Members shall be free from paying the Club subscription but shall remain liable for both competition fees and affiliation fees.
4.9.4 A person who is elected as both an Honorary Life member and as a Vice-President shall be referred to as an Honorary Life Vice-President
Section 5: Trustees
5.1 From such date (if any) as the Committee of the Club may determine there shall be at least three Trustees of the Club who shall be appointed from time to time as necessary by the Committee of the Club from among Full or Honorary Members who are willing to be so appointed.
5.2 A Trustee shall hold office for a maximum term of five years, or until they resign by notice in writing given to the Committee or until a resolution removing them from office be passed at a meeting of the Committee by a majority comprising two-thirds of the members present and entitled to vote.
5.3 All the property of the Club, including land and investments, shall be held by the Trustees for the time being, in their own names so far as it is necessary and practicable, on trust for the use and benefit of the Club. In the event of the death, resignation, or removal from office of a Trustee, the Committee shall nominate a new Trustee in his place, and shall as soon as possible thereafter take all lawful and practicable steps to procure the vesting of all Club property into the names of the Trustees as constituted after such nomination. For the purpose of giving effect to any such nomination, the Honorary Secretary for the time being is hereby nominated as the person to appoint new Trustees of the Club within the meaning of Section 36 of the Trustee Act 1925 and they shall by Deed duly appoint the person or persons so nominated by the Committee.
5.4 The Trustees shall in all respects act, in regard to any property of the Club held by them, in accordance with the directions of the Committee and shall have power to sell, lease, mortgage or pledge any Club property so held for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Committee's directions (which shall be duly recorded in the Minutes of the proceedings of the Committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.
5.5 The Trustees shall be effectually indemnified by the members of the Club out of the assets of the Club from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or relation to any property of the Club vested in them, or in relation to any legal proceedings, or which otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club.
Section 6: Annual General Meeting
6.1 An Annual General Meeting of the Club shall be held not later than the end of December in each year on a date to be fixed by the Committee. The Honorary Secretary shall at least fourteen 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.
6.2 No business, except receiving the report of the Committee, the passing of the Accounts and the election of the Officers, Committee, Trustees and Honorary Independent Examiners, 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 twenty eight days before the date of the Annual General Meeting.
6.3 The Committee may at any time, upon giving twenty one 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.
6.4 The Committee shall call a Special General Meeting upon a written request addressed to the Honorary Secretary signed by at least five members. The Committee shall meet within fourteen days of the requisite number of requests in order to call a Special General Meeting . The Committee shall give fourteen 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.
6.5 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.
6.6 Five members entitled to vote at the relevant meeting and personally present shall form a quorum at any General Meeting of the Club.
6.7 Only Qualifying Members shall vote at any General Meeting of the Club. Other members may attend and speak but are not entitled to vote.
6.8 Voting, except upon the election of the Officers and members of the Committee, shall be by show of hands.
6.9 In the case of an equality of votes the Chairman (or other nominated person) shall have a second or casting vote, on any matter.
6.10 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.
Provided that no such change shall jeopardise the Club’s status as a Community Amateur Sports Club within the meaning of the Finance Acts, or in any event alter its objects or winding-up provisions.
Section 7: Dissolution of the Club
7.1 If, at any General Meeting of the Club, 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.
7.2 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.
7.3 If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club.
7.4 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 which is a charity and/or
(b) to another Club with similar sports purposes which is a registered CASC and/or
(c) to Bowls England for use by them in related community sports.
Section 8: Miscellaneous
8.1 Opening of Club Premises
The Club premises shall be open to members at such times as the Committee shall direct and those times will be posted on the club notice board.
8.2 Safeguarding
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.
8.3 Equalities
The club shall adhere to the Equality Policy of Bowls England.
8.4 Licensing and the purchase and supply of excisable goods
8.4.1 The club shall adhere to the requirements of the Licensing Act (or any subsequent Act) with regard to the purchase and supply of excisable goods.
8.4.2 The purchase for the Club of excisable goods and the supply of the same upon Club premises shall be exclusively and solely under the control of the Committee, or of a special sub-committee appointed by the Committee.
8.4.3 Intoxicating liquor may only be sold for consumption on the Club premises to persons over the age of eighteen who are entitled to the use of the Club premises in pursuance of the Rules, Byelaws and Regulations for the time being in force. No Junior Member under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the Club premises nor may a Junior Member under the legal age purchase or attempt to purchase tobacco or cigarettes within the Club premises.
8.4.4 The Committee shall cause the Club bar to be opened (subject to terms of the Club premises certificate) at convenient times (and such times shall be prominently exhibited in the Club premises) for the sale of excisable goods to persons who are entitled to the use of the premises of the Club in pursuance of these Rules (except Junior Members as aforesaid) PROVIDED THAT visitors' names and addresses and the name of their introducer shall have been entered in the Visitor's Book upon entry to Club premises.
8.4.5 No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the Club. Any profit deriving from the supply of such goods shall (after deduction of the costs of providing such goods for the benefit of the Club) be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the Club.
8.4.6 Proper accounts of all purchases and receipts from excisable goods shall be kept and presented at the Annual General Meeting in each year and such information as the Honorary Secretary or Honorary Independent Examiners may require shall be furnished to enable any statutory return or statement and the payment of excise or other duty or tax to be made.
8.5 The Members acknowledge this document constitutes a legally binding contract to regulate the relationship of the Members with each other and the Club.
ANNEX
Formal Proceedings Relating To A Complaint About a Member
1. Having decided that a complaint received in writing cannot be appropriately dealt with by informal mediation, the President (or in his/her absence the Deputy President) shall without delay convene a panel from the officers of the Committee to hear the issue and to make recommendations to the Committee. The panel shall comprise three Officers with the President or Deputy President in the chair.
2. The member about whom the complaint is made (the complainee) shall be advised in writing that a hearing is to be held and told the complaint that has been made in specific terms. (S)he shall be offered the option of three dates for the hearing and told who the panel members will be. (S)he shall be advised that (s)he may call any witnesses in support as (s)he wishes and may be accompanied by an adviser. Subject only to relevance and/or repetition, the complainee shall be entitled to make his/her case as (s)he sees fit.
3. If the panel considers it desirable, the member making the complaint shall be advised that (s)he may question the complainer.
4. At the end of the hearing and in the absence of the complainee, the panel shall immediately consider what action, if any, to recommend shall be taken by the Committee. If the panel has found the complainee culpable, it shall write to him/her within 48 hours of the hearing telling him/her (a) the details of the complaint, (b) the sanction, if any, that is being recommended, and (c) that if dissatisfied the complainee may appeal against the recommendation in writing to the President within 14 days. If at the end of that period no appeal has been received, the Committee shall consider the recommendation and decide what action to take.
5. If the President receives an appeal, (s)he shall without delay convene a panel of no fewer than three or no more than five Officers in total, with the President or Deputy President in the chair, none of whom shall have participated in the first hearing. The appeal shall be conducted as a re-hearing, following the procedure set out in paragraphs 2-4 above, with the exception that item (c) of the letter advising the complainee of the result shall be replaced as follows: (c) that the formal proceedings have been concluded and that it will be for the Committee to decide whether the recommendation should be implemented, but that upon notice being given the complainee has the right to address the next Annual General Meeting on the specific issue if (s)he wishes.
6. A full contemporaneous written record shall be made of the proceedings at the hearing(s).
7. Panel members shall disclose at the hearing in the presence of the complainee any interest or prior knowledge they have relating to the issue, and all proceedings shall be conducted in accordance with the principles of natural justice.