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Contents

Section 1: Name and Objectives
Section 2: Officers of the Club
Section 3: Membership
Section 4: Management Committee
Section 5: Trustees
Section 6: Annual General Meeting
Section 7: Dissolution of the Club
Section 8: Miscellaneous
Appendix A: Licencing Act

Section 1: Name and Objectives

1.1 The name of the Club shall be ‘FAIRFORD BOWLING CLUB’ (hereinafter referred to within this constitution as the ‘Club’).

1.2 The Club shall be affiliated to Bowls England and GLOUCESTERHIRE BOWLS ASSOCIATION.

1.3 The objectives of the Club are to provide facilities for, and to promote participation in, the amateur sport of flat green bowls. 1.4 The Club shall adopt and conform to Bowls England Rules & Regulations and the current Laws of the Sport of Bowls.

Section 2: Officers of the Club

2.1* The Officers of the Club shall be bowling members of the Club and shall consist of CHAIR, PRESIDENT, TREASURER, SECRETARY and ASSISTANT SECRETARY. 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.

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.

Outdoor Bowling Members who shall be members of that section and shall be entitled to all the privileges of membership. In these Rules they are referred to as “Outdoor Members” and are entitled to vote on all matters.

Indoor Bowling Members who shall be members of that section and shall be entitled to all the privileges of membership. In these Rules they are referred to as “Indoor Members” and are entitled to vote on all matters.

Junior Members who shall be under Eighteen years of age, may be members of either of the above sections, but are not eligible for election to any Committee or Office and are not entitled to vote.

Associate Members who shall be entitled to use all the facilities of the Club for a limited period only. They shall not be eligible for election to any Committee or Office and are not entitled to vote.

Affiliate Members who shall entitled to use all the facilities of the Club other than the bowling facilities but shall not be eligible for election to any Committee or Office and are not entitled to vote.

Social Members who shall be entitled to use all the facilities of the Club, other than the bowling facilities but are entitled to vote only on social matters.

No person or group of persons shall be elected to affiliate or social membership if at the time of election, the total number of Affiliate Members and Social Members exceeds 50% of the bowling membership

Honorary Members who are those who have given valuable service over a long period of time or are those the Club wishes to recognise for other reasons. Honorary Members are elected for one year.

Life Members who are honoured in recognition of the responsibilities they have accepted and for exceptional service over many years. Life Membership is awarded for the lifetime of the member.

3.2 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 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 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. If consideration of removal of membership is as a result of a disciplinary issue, the procedure to be adopted shall be that as set out at point 3.6.2 of this Constitution.

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 the date determined by the Committee.

3.4 Members’ duty to provide contact details

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

3.5 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 Membership Secretary shall inform each candidate of the candidate’s election or non-election. The Membership Secretary shall inform the elected candidate that a copy of the Rules and Byelaws of the Club are available in 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 Membership Secretary and shall not then be liable to pay the subscription for the following 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 Under-taking 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) All disciplinary matters will be dealt with in accordance with Bowls England Regulation 9 (Misconduct)

(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 Secretary.

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, and six bowling 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 full members whose nominations (duly proposed and seconded in writing by bowling members of the Club) with their consent shall have been received by the Secretary at least seven days before the date of the Annual General Meeting in each year. Forms for such nominations, together with the names of the Proposer and Seconder shall be posted to the Club premises at least twenty one 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, 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 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 or other nominated person) shall be entitled to a second and casting vote.

4.2.3 Six 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 co-opt members for special purposes should this be deemed necessary.

4.3.4 Funds intended to be retained as long-term assets shall be invested in financially secure accounts operated independently from any other account; the interest, dividends or other earnings shall be added to the capital sum.
The Executive Committee shall have the power to withdraw up to 5% of the investment annually to be used for the benefit of members but any withdrawal of a sum greater than thus authorised shall be made only after

(a) the Executive Committee has submitted to the membership the reasons for the withdrawal in writing and
(b) approval has been given by a majority of eligible club members voting in a written ballot monitored by trustees of 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.

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

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.”

4.8 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 Members/Life Members by the Committee

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

4.9.2 Honorary or Life Members, who shall not be liable to pay any subscription but shall be entitled to all the privileges of membership, may be elected at an Annual General Meeting following a recommendation of the Committee. Nominations for Honorary and Life Membership shall be made to the Club Secretary in writing not later than twenty-eight days prior to the AGM. Copies of letters of nomination shall be posted in the club for a period of at least twenty one consecutive days prior to the meeting. Honorary/Life Members shall be duly elected if the majority of those present, and entitled to vote, vote in favour of election.

Section 5: Trustees

5.1 There shall be four Trustees of the Club. New Trustees shall be elected as necessary by the Club in General Meeting from among the bowling members or honorary members

5.2 A Trustee shall hold office for life, or until they resign by notice in writing given to the Executive Committee, or until a resolution removing them from office shall be passed at a General Meeting of the Club.

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, 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 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 each year in the month of November on a date to be fixed by the Committee. The Secretary shall post a notice in the club at least twenty one days before the date of such meeting stating the date, time and agenda of the meeting.

6.2 No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees 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 Secretary at least 14 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 Secretary signed by at least seven members. The Committee shall meet within twenty eight days of the request in order to call a SGM. The Committee shall give twenty one days notice of any such Special General Meeting. The discussion at such meeting shall be confined to the business stated in the notice. To members.

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

6.6 Thirty 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 bowling members, Life or Honorary 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 shall be by show of hands except where there is more than one nomination for a post when a ballot will be held.

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 of the Club such Rule shall not be created, repealed or amended except by a majority vote 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.

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
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. See appendix A.

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.

8.6 Guests in the Club
Members shall enter the names of all guests in the Visitor’s Book. Not more than three guests may be introduced in any one day and the same guest may not be introduced more than six times in any calendar year.

8.7 Damage to property
A member shall not knowingly remove, injure, destroy or damage any property of the Club and shall make restitution for the same if called upon to do so by the Committee or by the Secretary upon the instructions of the Committee.

8.8 Settlement of Accounts
A member shall settle any indebtedness for refreshment or otherwise before leaving the Club premises, or in accordance with any byelaw relating to the settlement of such indebtedness.

8.9 Bylaws
The Committee may adopt such Bylaws or Regulations as it considers appropriate for the good management of the Club and its facilities.

Appendix A: Licensing Act

Purchase and supply of excisable goods

1. 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 subcommittee appointed by the Committee.

2. 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.

3. The Committee shall cause the Club bar to be opened (subject to terms of the Club premises certificate) at convenient times 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.

4. 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.

5. 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 Secretary or Auditors 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.

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