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Torpoint Bowling Club

CONSTITUTION

 

Amended September 2012.

At AGM 12^th October 2012

Contents of the Constitution of Torpoint Bowling Club

Title………………………………………………………………………….. Paragraph A

Administration ………………………………………………………….. Paragraph B

Objects …………………………………………………………………….. Paragraph  C

Financial Year……………………………………………………………. Paragraph D

Membership……………………………………………………………….. Paragraph E

Fees and Subscriptions………………………………………………… Paragraph  F

Property…………………………………………………………………….. Paragraph  G

Accounts…………………………………………………………………… Paragraph H

Availability of Facilities………………………………………………. Paragraph  I

Officers and Officials………………………………………………….. Paragraph J

Executive Committee………………………………………………….. Paragraph K

Misconduct………………………………………………………………… Paragraph L

Membership of the Executive Committee……………………… Paragraph M

Duties of Officers……………………………………………………….. Paragraph  N

Duties of Officials………………………………………………………. Paragraph  O

Remits of Permanent Sub-Committee……………………………. Paragraph  P

Election of Executive Committee…………………………………. Paragraph  Q

Annual Return……………………………………………………………. Paragraph  R

Meetings……………………………………………………………………. Paragraph S

Amendments and Additions to the Constitution……………… Paragraph  T

Dissolution………………………………………………………………… Paragraph U

Trustees………………………………………….…………Paragraph   V

Matters Not Provided For……………………………………………. Paragraph W

 

 

 

 

TORPOINT BOWLING CLUB

 

CONSTITUTION AND RULES

Torpoint Bowling Club operates a policy of non-discrimination in terms of disability, colour, race, religion and gender.

The Club shall be affiliated to

Bowls England.

Bowls Cornwall.

Plymouth & District Bowling League.

Also, from 2010

Bowls English Short Mat Bowling Association .

Cornwall County Short Mat Bowling Association( CSMBA.)

All matches shall be played in accordance with the Laws of the Sport as approved by Bowls England.

The Club and its members shall, as a condition of the continuance of affiliation to the B E, at all times and in all respect conform to and be bound by the Rules of Bowls England

1. TITLE: The Club shall be known as Torpoint Bowling Club. (The Charity).

 

B:      ADMINISTRATION: Subject to the matters set out below and attached, the Charity shall be

administered and managed in accordance with the Constitution by the members of the Executive

          Committee as set out in Paragraphs J, K, L, M & N.

 

1. OBJECTS: The promotion of community participation in healthy recreation by providing facilities

for the playing of Flat Green and Short Mat Bowling in 2010 for the inhabitants of  Torpoint and District.

1. FINANCIAL YEAR: The financial year for the Torpoint Bowling Club shall be from October 1st to September 30th.

1. MEMBERSHIP:
2. Membership shall comprise the following categories: Gentlemen; Ladies; Juniors  (under 18

years of age); Social members & Associate members

1. All adult full members are entitled to have one vote at general meetings of the club.

1. Junior members will be required to become a full member upon  attaining the age of 18 years.   They will then be required to pay the full fee.

1. Social members shall be entitled to all privileges of membership, other than voting or bowling.

An Associate member will be entitled to the same privileges as a social member with the additional right to play flat green bowls on “club nights”.

 

1. Applications for membership shall be made to the Honorary Secretary (whose name, address and

telephone number shall be displayed in the Club), and on the official application form.

Such applications shall be laid before the Executive Committee for a decision, which shall be

then conveyed to the applicant by the Honorary Secretary.

1. Prospective new members will be allowed to visit the Club to play until their application is   considered by the Executive committee.

1. New members, with the exception of juniors, will be required to pay a joining fee.

The Executive Committee may by unanimous vote and for good reason, terminate the membership of any individual, provided that the individual concerned shall have the right to be heard by the Executive Committee, accompanied by a friend, before the final decision (See Paragraph K Clause u).

1. FEES AND SUBSCRIPTIONS

The funds of the Charity, including all donations, contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the Charity at such Bank as the Executive Committee shall from time to time decide.  All cheques drawn on the account will be signed by at least two members of the Executive Committee.

The payment of a subscription does no more than secure membership of the Charity and does not secure a right to the personal use of the Club’s facilities or services.  In order to be able to use the Club’s facilities or services it is necessary to pay a Green or Mat fee.

1. The rates of Annual Subscriptions, Green and Mat Fees, and joining Fee will be determined at          each Annual General Meeting of the Club.
2. Annual Subscriptions shall be due from the 1^st October each year and payment must be made

after the Annual General Meeting but before 26^th December.  Members who have not paid their

subscriptions by then will be deemed to have left the Club. Members who leave the club before         the start of the next bowling season shall have their subscription refunded.

1. Juniors shall pay a £10 fee per annum until they attain the age of 18 then full membership fees          are  applicable.

1. Persons over the age of 80 years who have been members of Torpoint Bowling Club for over

10 years shall, on the Executives Committees recommendation, be awarded a Life Honouree        membership. The funds belonging to the Charity shall be applied only in furthering the      objectives.

G.   PROPERTY: The Executive Committee shall cause the title to all land and all investments held in

       trust for the charity to be held by the Official Custodian for Charities.

H.      ACCOUNTS: The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of the Act) with regard to:-

1. The keeping of accounting records for the Charity,

1. The preparation of annual statements of account for the charity,

1. The auditing or independent examination of the statements of account of the charity,

1. The transmission of the statements of account to the Charity Commissioners.

I.       AVAILABILITY OF FACILITIES:

1. The Club shall be open seven days a week.

1. Short Mat bowling facilities and skittles are now available and the club will join both local leagues and shall be open at such times as decided by the Short Mat/Skittles Committee.

1. The Green shall be available for bowling at all times between the official Opening and Closing

dates each year, except when maintenance is being carried out or when climatic conditions are

such that the use of the Green would cause damage.  In these cases the Greenkeeper may close

all or part of the Green.  If such a decision is required and if the Greenkeeper cannot be

contacted, the Captain or Senior Executive Committee member present shall make the decision.

If the Greenkeeper is obliged to close the Green, or part thereof, he shall check the diary in

which the bookings are recorded and inform, as soon as possible, members who have made

bookings, that play will not be possible.

J.       OFFICERS AND OFFICIALS: Officers and Officials can only be appointed at the Annual General or an Extra-Ordinary General Meeting each year.

1. The Officers of the Club shall be: – President, Chairman, Honorary Secretary and Honorary      Treasurer.

They shall serve for a term of three years. (Subject to re-election).

1. The Officials shall be:- Vice-Chairman, Club Captain, Club Vice-Captain, Ladies Captain,

Ladies Secretary, Assistant Secretary/Match Secretary (Flat Green) and Competition Secretary,

Officials of the Executive Committee shall serve for a term of one year.

They shall be eligible for re-election at the Annual General Meeting.

The Executive Committee may in addition appoint no more than four co-opted members to serve, during any given year, for a period of time decided by the Officers and Officials.  They shall be eligible for

co-option at any time but will not have an Executive Vote at any Trustee meetings of the Charity, or the monthly Executive Meetings.

If the performance of the Honorary Secretary or Honorary Treasurer be considered unsatisfactory, the Executive Committee may call an Extra-ordinary General meeting for the purpose of electing an alternative Honorary Secretary or Honorary Treasurer.

K.      EXECUTIVE COMMITTEE’S POWERS AND DUTIES:

          In furtherance of the objectives of the Charity, but not otherwise, the Executive Committee may exercise the following powers: –

1. The raising of funds against the assets of the Club and receive contributions provided that in

raising funds the Executive Committee shall not undertake any substantial permanent trading

activities and shall conform to any relevant requirements of the law.

1. To buy, take on lease or exchange any property necessary for the Achievement of the objectives

and to maintain and equip it for use.

1. To lease or dispose of all or any part of the property of the Charity, subject to any consents

required by law; and the full membership’s consents in respect to the capital assets of the land

and buildings.

1. To borrow money and to charge all or part of the property of the Charity with repayment of the

money so borrowed, subject to any consents required by law; and the full membership’s

consents in respect to the capital assets of the land and buildings.

1. To co-operate with other charities, voluntary bodies and statutory authorities operating in

furtherance of the objectives or of similar charitable purposes and to exchange information and

advice with them.

1. To appoint and constitute such advisory committees as the Executive Committee may think fit.

1. To do all such other lawful things as are necessary for the achievement of the objectives.

1. The power to make Bye-Laws and Standing Orders as necessary. No rule may be made which is

inconsistent with this constitution.

1. To adopt an annual plan and budget for financial performance and to monitor results against the

annual plan and budget.

1. The Executive shall control the function of the Gentlemen’s and Mixed bowling activities via

a Selection Sub-Committee (Flat Green), a Selection Sub-Committee (Short Mat 2010),

a Green-keeping Sub-Committee and other appropriate Sub-Committees, as necessary.

The function of the Ladies’ Section shall be controlled by the Ladies’ Sub-Committee.

All Sub-Committees shall report to the Executive Committee as required.

1. The Executive Committee shall comprise the Officers and Officials. The Executive Committee    shall have the power to co-opt up to four further playing members.

1. A minimum of seven Committee members shall be required to form a quorum at meetings of the

Management Committee.

1. The Flat Green Selection Sub-Committee shall comprise the Club Captain, Vice-Captain,

Match Secretary (Flat Green), Hon Secretary and one elected member.. . If any of the above officers wishes to decline sitting on the panel then an additional   nominated officer/official from the executive will be appointed.

The Club Captain shall be the convenor.

1. The Short Mat Selection Sub-Committee shall comprise the Match Secretary (Short Mat) and

the Captains of each Team entered in the Short Mat League.

The Match Secretary (Short Mat) shall be the convenor.

1. The Green-keeping Sub-Committee shall comprise the Green-keeper  Club Captain and Match   Secretary (Flat Green).

The Green Keeper shall be the convenor.

1. Any member shall be able to meet with the General Executive Committee to discuss any item of

interest. There shall be a time set aside for this before the notified time of the Executive

Committee meeting and will be stated on the notice of meeting.  Any member wishing to avail

themselves of this facility must apply in writing, seven days prior to the Committee Meeting,

to the Honorary Secretary stating, briefly  details of the item for discussion.  The Honorary

Secretary shall respond to this request, briefly, notifying the time and date of such discussion.

The General Management Committee shall reserve the right, after discussion, to defer a decision      until the next Meeting, if they consider that there is a need to investigate the matter further.

1. The proceedings of the Executive Committee shall not be invalidated by any vacancy among

their number or, by any failure to appoint or, any defect in the appointment or qualification of

a member.

1. Nobody shall be appointed as a member of the Executive Committee who is aged under 18 or

who would, if appointed, be disqualified (Section 73 of the Charities Act and Section 11 of the

Charities Act 1933).

1. No person shall be entitled to act as a member of the Executive Committee, whether on a first or

on a subsequent entry into office until they have signed the Minute Book of the Executive

Committee, which is a declaration of acceptance and of willingness to act in the trusts of the

charity.

The Executive shall :-

1. Provide Flat Green and Short Mat bowls facilities and competitions for members and

                        their guests.

 

2. Enforce the Laws of the Games of Bowls as laid down by Bowls England.

 

3. Enter teams in competitions sponsored by the County and/or Divisional organisations      of Bowls England Bowls Cornwall and to host County and other events as and

                        when required.

 

4. Conduct Annual Club Championships in both bowling codes.

 

5. Hold Annual County Championships if required to do so by County.

 

6. Hold Annual Tournaments at the discretion of the Executive Committee; any such

                        tournaments to be held under Bowls England licence or any other legislation                                       requiring adherence to.

 

1. The Executive Committee shall have the power to reprimand, suspend or expel any member

who may have infringed any rule, or whose conduct on the Green or within the confines of the

Club may, in the Committee’s opinion, be prejudicial to the interests of the Club as affiliated to

Bowls England .  See Paragraph L (Misconduct) below.

1. MISCONDUCT: “ANY DISCIPILARNY MATTERS WILL BE DEALT WITH    IN     ACCORDANCE WITH BOWLS ENGLAND REGULATIONS NO 9 – DISCIPLINARY REGULATION” The Executive may hold an inquiry into any case of misconduct or alleged

misconduct or breach of the Rules or any Regulation hereunder by any team, player of official

participating in any event or social occasion under the jurisdiction and control of the Club and to

impose such punishment as the Executive thinks fit.

1. Whilst a club member is under suspension by Bowls England or by his/her County or by his/her                 Club he/she shall not be permitted to play in any form of competition in his/her own club nor                     shall he/she be entitled to represent his/her County. No club member whilst under suspension by                Bowls England or by any County or club shall be admitted to membership of any club, except                    with the consent of the Directors. Any club under suspension and every member thereof shall,                    while such suspension continues, forfeit all rights & privileges held under Bowls England and                   under the governing County of such club and no member of any suspended Club may, except                     with the consent of the County, be admitted to membership or be granted any playing privileges                 by any club. ( Amended 18^th Nov 2009)

1. Any formal complaint or suggestion made, in writing, to the Secretary, shall be laid before the

Committee within TEN DAYS of receipt.

1. SEVEN CLEAR DAYS NOTICE shall be given by the Secretary to any member, prior to

him/her being summoned to appear before the Committee, and such notice shall contain a

statement of the complaint being brought against him/her.

1. If, in the opinion of the Committee, a decision would be facilitated by a meeting between the

Committee and the Complainant, then SEVEN CLEAR DAYS NOTICE will be given, by the

Secretary, to do so.

1. If the Complainant should decline this invitation, then the Committee reserves the right to take

no further action on the complaint.

         Misconduct Defined: The definition of misconduct for the purposes of these rules shall include, but          not be restricted to, situations where a team, player or official (as the case may be) shall :-

1. Be guilty of any breach of these rules or off the Laws of the Sport.

2. Be guilty of any conduct which is prejudicial to the interests of Bowls England or the Game of

Bowls.

3. Have failed or refused for a period of one calendar month to pay any fine lawfully imposed by

any competent authority under the jurisdiction of Bowls England.

4. Unless for some other good reason, deliberately lose or attempt to lose any game or otherwise be

guilty of unfair play.

5. Wilfully alter a bowl after the same has been stamped by a World Bowls Board Licensed Bowls

Tester, without submitting the same to such tester for re-testing and re-stamping.

6. At any function of Bowls England or Bowls Cornwall use any profane,

indecent, or improper language.

7. At any time or place be guilty of any offensive or insulting behaviour towards Bowls England

County Association of Club, or any member thereof, or any official appointed by such body, in

respect of the carrying out of any functions or duties under the Laws of the Sport or the Rules

of Bowls England or of such County Association or Club as applicable.

8. Be guilty of drug abuse (otherwise known as “doping”) in breach of the Doping Policy

Regulations of Bowls England.

9. Disregard, or refuse compliance with or act in contravention of any decision of Bowls England                  or Executive of the Club.

Expulsion or Suspension: For the purposes of this section “Expulsion” means the action of expelling from membership of a Club for an indefinite period of time and “Suspension” means the action of suspending a member from membership of a club for a definitive period of time.

Expulsion: No member who has been expelled from one Club may be admitted to membership of any Club or be permitted to play or practice bowls or to have access to any Club affiliated to B.E. except with the consent of the Executive of B.E. Secretary will ensure County Administrator is informed.

Suspension: Whilst a Club member is suspended he/she may not be permitted to practice or play bowls nor represent his/her County at any Club or in any competition under the authority of the E.B.A.

Nor will he/she be permitted access to his/her Club or any other whilst under suspension, except with the consent of the Executive of B.E..

Appeals to County. A member of Bowls England may appeal  has the right of appeal, first to the club from which they have received the sanction and then to the County Association who shall arrange for a hearing of such appeal to be held within twenty-eight days of receipt of written notice of appeal by the Secretary of the County. The applicant may appear and call evidence in support of the appeal if he so desires. (Amended 18^th Nov 2009).

Appeals to Bowls England : Every suspended or expelled member of the Club has also the right of Appeal to Bowls England.  The procedure is set out in the following clauses of the English Bowling Associations. Bowls England Regulation No 9  Issue B Approved April 2009.

21.2.1     Appeals to the Executive of the B.E.

21.2.2     Lodging an Appeal

21.2.3     Grounds to be Stated

21.2.4     Procedure

21.2.5     Cost

At the point of stating the Grounds a £50.00 deposit must be lodged with B.E.by the applicant.

Dispute Resolution: Any dispute, difference or controversy, other than an appeal under Clause 21, which may arise between a club or association and/or any members, relating to the interpretation of the Laws of the Sport of Bowls, or in respect of any matter of policy, practice, right or privilege or complaint coming within the jurisdiction of B.E., shall be referred to the Chief Executive for determination by the Executive.  Such procedures etc. can be found in Bowls England Regulation: No 9 Issue B Approved April 2009.

22.2.1     Procedure

22.2.2     Decision to be Final

22.2.3     Costs

 

1.     MEMBERSHIP OF THE EXECUTIVE COMMITTEE

A member of the Executive Committee shall cease to hold office if he or she :-

1. Is disqualified from acting as a member of the Executive Committee by virtue of Section 72 of

the Charities Act 1993 (or any statutory re-enactment or modification of that provision).

1. Becomes incapable by reason of mental disorder, illness or injury of managing and

administering his or her own affairs.

1. Is absent without the permission of the Executive Committee from all the meetings held within a

six month period and the Executive Committee resolve that his or her office be vacated; or

1. Notifies to the Executive Committee a wish to resign (but only if at least three members of the

Executive Committee will remain in office when the notice of resignation is to take effect).

No member of the Executive Committee shall acquire any interest in property belonging to the Charity (otherwise than as a Trustee for the Charity) or receive remuneration or be interested (otherwise than as a member of the Executive Committee) in any contract entered into by the Executive Committee.

N.      DUTIES OF OFFICERS:

 

1. President. Will be elected at the AGM and his presidency will last for 3 years. He will preside at all official functions.

1. Chairman shall preside at all Meetings of the Club and Executive Committee.  In his

absence the Vice-Chairman will preside and, where they are both absent, the meeting shall elect

a member of the Executive Committee to preside.  Every matter shall be determined by a

majority of votes of the elected members of  the Executive Committee present. Where a meeting

is equally divided, the Chairman of the meeting shall have a second or “casting”, vote.

1. The Honorary Secretary shall prepare Minutes of all General Meetings and Meetings of the

Executive Committee. He shall provide a copy of the Minutes of the last Executive

Committee Meeting to its members at least seven days before the subsequent meeting of the

Committee, and publish the Minutes of an Annual General Meeting within 1 month from the

date of the AGM.  Errors/amendments to be notified in writing to the Secretary or Chairman

within one week from the Minutes being published.  Matters arising from those Minutes shall

be dealt with at the next Management Meeting.  He shall also prepare an Annual Report of Club

Activities for the Annual General Meeting and, whenever possible, give at least seven days

notice of Meetings.  He shall be responsible for all correspondence relating to the Club.

1. The Honorary Treasurer shall keep the Accounts of the Club and inform the Executive

Committee, at each meeting, of the financial situation (income, Expenditure and Current

Balance).  He shall prepare an Annual Statement of Accounts for audit by the appointed

Auditors and shall make a copy of the Statement available to all Members before the Annual

General Meeting.  He shall notify any Member whose subscription is overdue and report the

same to the Management Committee.

O.        DUTIES OF OFFICIALS:

1. The Vice-Chairman shall serve on all Committees where the Chairman is a member.

He will assume the duties of the Chairman if the Chairman is indisposed or not available.

1. The Club Captain shall be responsible for the Member’s dress, play and behaviour on the Club

Premises and in Match situations.  He will perform the duties of Match Captain, delegating to

the Vice-captain, or others, as necessary: his duty will comprise of attending to formalities at

matches.

1. The Match Secretary, will assist the Club Captain in carrying out his responsibilities towards the Members. Will produce the annual fixture list and will be part of the selection committee. Will also assist the club secretary as required, and shall be responsible for arranging Flat Green fixtures (Gentlemen and Mixed matches) and for re-arranging cancelled fixtures.  He will ensure that Team Sheets are displayed at least 48 hours before the match, and that those

players who are unavailable are replaced.

1. The Match Secretary (Short Mat) shall be responsible for arranging Short Mat fixtures and for

re-arranging cancelled fixtures.  He/She will ensure that Team Sheets are initialled by those

selected at least 48 hours before the match, and that players who are unavailable are replaced.

1. The Competition Secretary shall be responsible for the administration of the Gentlemen and

Mixed Flat Green competitions within the periods allocated for each Round.

He shall also be responsible for ensuring that all competitions adhere to the Rules of the

Competitions.  Overruns shall be discussed and appropriate actions taken in conjunction with                    the selection committee.

1. The Fund-Raising Co-ordinator shall be responsible for co-ordinating a team of members to

assist with the planning, recommendation and organisation of a variety of activities and

functions for the club designed to raise funds, increase membership and the enjoyment for the

members of the bowling club.

1. The Catering Co-ordinator shall co-ordinate all the catering provided by the Bowling Club

               conforming to all Health and Safety Guidelines.

P.     REMITS OF PERMANENT SUB-COMMITTEE

The Selection Sub-Committees (Flat Green) shall:-

1. Allocate handicaps to all gentlemen & lady players for Flat Green play.
2. Select teams for men’s matches and the men’s players in mixed teams on the Green.
3. Select teams for ladies matches and the lady players in mixed teams on the Green

The Selection Sub-Committee (Short Mat) shall :-

1. Allocate Short Mat Bowlers each year to all Teams before the Short Mat season commences.

Thereafter, the Team Captains, in consultation with their own team, will undertake the

individual selection.

1. Supervise the selection for all Friendlies.

1. Supervise the draw for Short Mat Club Competitions together with the Competitions Secretary.
2. Organise a Cleaning Rota for the cleaning of the Pavilion and toilet facilities during the Winter

Season.

1. Allocate handicaps to all players as appropriate.

Three members shall form a quorum.

The Ladies Sub-Committee shall be responsible for -:-

1. All aspects of Ladies bowling on the Green Including selection of ladies teams for competitive        & friendly games

1. Assisting, together with the men, the Catering Co-ordinator.

 

The Green-keeping Sub-Committee shall :-

1. Meet regularly to discuss and arrange the programme of Green Maintenance.

1. Provide information for the report that shall be made by the Club Captain, or the Match

Secretary (Flat Green), at each Management Committee Meeting.

 

1. ELECTION OF THE EXECUTIVE COMMITTEE: The Honorary Secretary shall invite

          nominations for Officers and Officials of the Executive Committee by posting an invitation on the

Notice Board, at least ONE calendar month before the Annual General meeting.  Such nominations

must be signed by two members supporting and by the Nominee. Nominations, properly proposed

and seconded, may also be put forward at the Annual General Meeting itself.

R.      ANNUAL RETURN: The Executive Committee shall comply with their obligations under the

          Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the

          preparation of an annual return and its transmission to the Commission.

S.      MEETINGS:

1. The Executive Committee shall meet as and when required, but no longer than 6 weeks between                  meetings..

1. A minimum of seven members of the Executive shall be required to form a quorum at Executive

Committee Meetings.

1. The Annual General Meeting of the Club shall be held in October on a date prior to the Annual

General Meeting of the North East Division of the Cornwall County Bowling Association and

the Cornwall County Bowling Association.

1. An Extra-Ordinary General Meeting, for a stated purpose, may be called by the Management

Committee, or by a request to the Honorary Secretary signed by at least 15 paid up members.

28 days notice shall be required for such a meeting.

1. A minimum of 20 members shall be required to form a quorum at General Meetings.

T.      AMENDMENTS AND ADDITIONS TO THE CONSTITUTION:

1. Amendments and additions to the Constitution shall only be made at an Annual General or

an Extra-Ordinary General Meeting convened for the purpose.

1. Written notice of the proposed amendments and /or additions shall be provided by the Honorary

Secretary at least 28 days before such a meeting.

1. The Honorary Secretary shall include details of the proposals in the Notice of the business of the

meeting.

1. Resolutions can be passed by not less than a 2/3rd majority of the members present and voting.

1. No amendment can be made to the following Paragraphs: Title of the Charity (Paragraph A),

Objects (Paragraph C), Dissolution of the Charity (Paragraph U), or to

the statement in Paragraph M re the personal interests/remuneration of Executive Members,

or to this clause, without the prior consent of the Charity Commissioners.

1. No amendment can be made which would have the effect of making the Charity to be a charity at

law.

1. The Executive Committee shall promptly send to the Commission a copy of any amendment

made under this Paragraph.

 

1. DISSOLUTION

If the Executive Committee decides that it is necessary or advisable to dissolve the Charity it shall :-

1. Call a meeting of all members of the Charity giving at least 21 days notice and stating the terms

of the resolution to be decided.

1. If the proposal is confirmed by a 2/3rd majority of those present and voting, the Executive

Committee shall have the power to realise any assets held by or on behalf of the Charity.

1. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or

transferred to such other charitable institution or institution having objects similar to the objects

of the Charity, providing that the game of sport is conducted for the recreation and benefit or

entertainment of the general public in England 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.

1. A copy of the statement of accounts, or account and statement for the final accounting period of        the charity shall be sent to the Charity Commissioners.

 

1. TRUSTEES: There shall be three trustees of the club who shall be appointed from time to time as necessary by the club in General meeting from among ordinary or life members willing to be so appointed. Trustees shall thereafter become party to a legally drawn Declaration of Trust which will confirm that the trustees hold the property and lease for the land and building upon trust for the members of the club in accordance with these rules.

The property of the club (other than cash which shall be under the control of the Hon Treas)    shall thus be vested in the trustees to be dealt with by them as the Management Committee, shall from time to time direct by resolutions (of which an entry in the minute book shall be conclusive evidence). The trustees shall be indemnified in respect of all responsibility of full financial commitments to the club.

 

A trustee shall hold office for life, or until he/she shall resign by notice in writing given to the management committee, or until a resolution removing him/her from office shall be passed at a general meeting of the club by a majority comprising two/thirds of the members present and eligible to vote.

On the death, resignation or removal from office of a trustee the club shall in General Meeting called by the Management Comm. by resolution nominate the person’s to be nominated the new trustee or trustees. For the purpose of giving effect to such nomination the Chair of the Management  Committee for the time being is hereby nominated as the person to appoint new trustee’s of the club within the meaning of section 36 of the Trustees Act 1925 and shall by deed duly appoint the person’s so nominated by the club and the provision of the Trustees Act 1925 shall apply to any such appointment. Any statement of fact in any such deed of appointment shall in favour of a person dealing bona fide and for value with the club or the Management  Committee be conclusive evidence of the fact.

 

 

1.    MATTERS NOT PROVIDED FOR: If any matter shall arise, which in the opinion of the

          Executive Committee is not provided for in these rules and Constitution, then the same may be

determined by the Executive Committee in such a manner as it deems fit.

Every such determination shall be binding upon its members, unless and until set aside by a

resolution at a General Meeting.

 

 

This Constitution was unanimously officially adopted at the Annual General Meeting on the

9^th October 2005 and duly signed by the elected persons whose signatures appear below.

 

Len Hawke. Secretary/Trustee.

 

Derrick Hayward Club Member/Trustee.

 

Deryk Masefield  . Club Member/Trustee.

TORPOINT BOWLING CLUB RULES ( Oct2012 VERSION)

In October 2005 the club became a registered Charity (No 1112132) and a Constitution was adopted as the superseding document to the Club rules, which are considered sufficient for general day to day running of the Club. Any matters which cannot be resolved according to the Club rules shall be referred to the Constitution for a final ruling.

1. TITLE.

The Club shall be called” The Torpoint Bowling Club”

Membership shall be open to Ladies, Gentlemen and Junior members.

Membership of the Club is open to all the community and without discrimination on the grounds of Ethnicity, Nationality, Sexual Orientation, Religion Beliefs, Sex, Age or Disability, except as a necessary consequence of the requirements of a particular sport.

Objectives

1. a) To promote and foster the game of flat green and short mat bowls as governed by the English Bowling Association.
2. b) To encourage social activities and any profit from which is to be used to augment Club funds.

2. PRESIDENT

Will be elected at the AGM and his duties will be to preside at all official functions.

Management.

The general management of the Club shall be vested in an Executive Committee consisting of

The Officers. President, Chairman, Honorary Secretary and Honorary Treasurer.

The Officials. Vice-Chairman, Club Captain, Club Vice-Captain, Ladies Captain, Ladies Secretary, Assistant Secretary/Match Secretary, and Competition Secretary. Three other members can be voted on to the Executive Committee.

All will be FULL members and voted in annually at the AGM.

At an Executive meeting not less than seven members will form a quorum. The Executive will meet as often as necessary and as Club affairs demand or at least once per six weeks.

3 GENERAL MEETINGS.

The ANNUAL GENERAL MEETING shall be convened at the end of the bowling season when all Officers and Committee Members shall be elected. Notice of motions must be submitted in writing to the

Hon. Secretary at least fourteen days prior to the date of the meeting.

The SPRING GENERAL MEETING shall be convened at the start of the bowling season for consideration and voting on general and routine matters affecting the Club as itemised on the spring agenda. Notice of motions must be submitted in writing to the Secretary at least 14 days prior to the date of the meeting.

SPECIAL/ EXTRAORDINARY GENERAL MEETINGS shall be called to consider any important matters or whenever the Executive Committee shall deem necessary or whenever a requisition signed by at least seven FULL members shall so require.

Such meetings must be held within twenty one days of receipt by Hon. Secretary of any such requisition. All requisitions must contain a specific subject for discussion.

NOTES:

1. a) The Chairperson will preside at all Meetings of the Executive Committee or in their absence, the Vice-Chairperson

If the Vice-Chairperson is unavailable, a member of the Executive Committee, as nominated by the Chairperson will preside.

1. b) At all General Meetings, twelve shall form a quorum.
2. c) Only LIFE and FULL Members may vote at any GENERAL MEETING.

4. DUTIES OF OFFICERS.

HONORARY SECRETARY aided by assistant Hon Secretary, shall take the minutes of all Meetings, deal with correspondence and generally manage the routine affairs of the Club.

ASSISTANT HON.SECRETARY. in co-operation with Hon Secretary, will be responsible for all League and friendly fixture arrangements on behalf of the Club.

HONORARY TREASURER shall be responsible for all finances and financial affairs of the Club. All monies, receipts or expenses held or claimed by Members in connection with Club affairs must be produced and settled by the Treasurer prior to the annual audit. The Treasurer will compile a detailed statement of accounts at the end of the Bowling season, to be audited and submitted at the AGM, the date of which to be arranged to fall during the month of October each year, as fixed by the executive Committee

COMPETITION SECRETARY is responsible for making all arrangements for the playing of all Club

competitions. He/She will provide game sheets for each Club competition on which he will record the dates for completion of each stage of each event.

The completion date for each stage of each event must be strictly adhered to by all contestants.

Failure to comply within the dates shown will result in the player or players concerned being eliminated from the competition in which the offence has occurred.

The selection committee will assist the Competition Secretary as required.

5. SELECTION COMMITTEES

The men’s selectors will consist of the Captain, Vice-Captain, Hon. Secretary, Assistant Hon. Secretary and one other FULL Member elected at AGM. If any of the above officers wishes to decline sitting on the panel then an additional   nominated officer/official from the executive will be appointed

The Ladies selectors will consist of the Ladies Secretary, the Ladies Captain & the Ladies Vice Captain as elected at the AGM

Any mixed & friendly games will be selected by the Men’s & Ladies Captains & Vice Captains.

This committee will normally meet once a week to select teams for all fixtures for the next eight games following their meeting.

Only members who have entered their names on a team selection sheet for a particular game will be considered for selection for that game, providing such a sheet has been displayed.

The selection committee will be deemed to have power to approve an application for FULL membership.

6. BAR & SOCIAL COMMITTEE.

(a) Will consist of Bar Chairperson, Hon. Treasurer and four other FULL Members selected at the AGM.

(b) Social Committee Consisting of Chairperson and co-opted individuals as deemed necessary for specific events. Their duties will be to organize all social events and submit reports to the Executive committee.

7. SUB-COMMITTEE

Working parties may be formed by the Executive Committee (i.e. Green Committee) for specific purposes. All such Sub-Committees and working parties will be directly accountable to the Executive Committee.

8. SUBSCRIPTIONS

Subscriptions shall be due from the 1st October each year and payment must be made after the Annual General Meeting but before 31st December of the same year. Members who have not paid their subscriptions by then will be deemed to have negated their membership. Club Members who leave the Club before the start of the next bowling season shall have their subscription refunded. Juniors shall pay a ?10 fee per annum until they attain the age of 18 then FULL membership fees  are  applicable.

9. APPLICATION FOR MEMBERSHIP.

All applicants wishing to become Club Members must submit their applications to the Hon. Secretary, having been proposed and seconded by two FULL members of the club.

All such applications will be considered at the next meeting of the Executive Committee and in the

interim the Hon. Secretary is empowered to authorize applicants the use of the Club facilities as a TEMPORARY member.

Following election by the Executive Committee, successful applicants will be expected to take up

their membership by paying their subscriptions in full, when they will receive a copy of the Club Rules, within a reasonable time after their acceptance. The Executive Committee is not required to qualify any decision that they may arrive at, to the applicant.

Persons may not be admitted to membership, or be admitted f\or membership to any of the privileges of membership without an interval of at least two days between nomination or application for membership and their admission. Nor may persons becoming members without prior nomination or application be admitted to the privileges of membership without an interval of at least two days between their becoming a Member and their admission.

10. MEMBERSHIP CLASSIFICATION.

FULL member. A playing member paying full subscription with entitlement to vote at any GENERAL MEETING.

LIFE member. May be appointed at a GENERAL MEETING for services to Bowling in general or

to the Torpoint Bowling Club in particular, with the same voting privileges as a FULL member.

JUNIOR member. A member under the age of eighteen on 1st May and paying half the FULL membership fee. This fee however can be varied by the Executive Committee to keep in line with other fees payable by Juniors.

SOCIAL member. A member paying the Social members fee with entitlement to use Bar and Social facilities in the Club. Casual bowling permitted on payment of green fee.

Associate A member paying the Associate membership fee will be entitled to the same privileges as a social member with the additional right to play bowls on “club nights

HONORARY member. Free membership extended

to non-playing ladies in gratitude for their voluntary catering services within the club, as agreed by the Executive Committee.

TEMPORARY member. No Temporary member

may become a FULL member until: –

1. a) The applicant has been elected by the club Executive Committee.
2. b) There has been paid by such TEMPORARY member the relevant annual subscription together with such entrance fee/green fee as the Executive Committee may from time to time determine

No TEMPORARY member shall be entitled to vote at any meeting of the Club or be eligible for co-option onto a sub-committee until after payment of the entrance fee/green fee (if any) and the first annual subscription

If such entrance fee/green fee (if any) and subscription has not been paid within fourteen days of being demanded the Temporary Member shall cease to be a member of the club, subject to rule 8.

Note.

Club policy determines that only FULL members be considered for selection as a Torpoint representative in any official league match fixture or County competition.

11. VISITORS
12. a) Under no circumstances shall casual visitors be permitted to purchase intoxicating liquor within the precincts of the Club and the grounds except members of visiting teams participating in matches, games or competitions and their bona fide supporters
13. b) All visitors shall enter and all visiting teams shall enter en bloc the names, addresses and date of visit in the Visitors Book.
14. c) Non-members, if approved by any Executive Committee Member may use the Green upon payment of a Green fee or voluntary donation to the Club as maybe from time to time determined by the Executive Committee, and such fees to be paid preferably in advance.
15. d) A member introducing a friend will be responsible to the club for their green fee donation and good behaviour.

12 .RESPONSIBILITY FOR INTOXICATING LIQUOR.

The Executive Committee or Club Committee appointed by them shall be responsible for providing stock of intoxicating liquor and other forms of refreshment to be purchased out of Club funds and to be supplied to members and their bona fide guests at such prices as may be fixed from time to time by the Executive Committee or sub-committee appointed by them.

Such intoxicating liquor and other refreshments together with the proceeds from the supply thereof shall be the property of the club.

13. CLUBS PERMITTED HOURS

The permitted hours during which intoxicating liquor may be supplied by or on behalf of the Club shall be the general licensing hours for the area on weekdays and Sundays as laid down under the Licensing Act 2005 as amended for licensed premises.

Permitted hours for supply of intoxicating liquor shall be as laid down under the licensing Act 2005 as amended for registered Clubs.

Weekdays \Mon to Fri (Inc Sat) 11am to 11pm

Sundays, Christmas Day & Good Friday

12 noon to 3pm & 7pm to 10.30pm.

In the event of the Licensing Authority altering the permitted hours during which intoxicating liquor may be supplied generally by Public Houses in the

Division, the Executive Committee or Sub-

Committee appointed by them shall alter the Clubs permitted hours but ONLY to such an extent as is necessary to conform with the general permitted hours laid down by the Licensing Authority.

The Hon-Secretary shall forthwith notify   Caradon District Council Licensing Dept of any changes in the club? permitted hours.

14. INTOXICATING LIQUOR RESTRICTIONS

Intoxicating liquor shall NOT be supplied by or on behalf of the club:

1. a) To any person under the age of 18 years whether a member or not.
2. b) To any person who is not a member of the Club or bona fide guest of a member, excepting visiting teams participating in matches, games or competitions and their bona fide supporters.
3. c) To any other person, other than a Club member for consumption off the premises.
4. d) Outside the permitted hours.
5. e) To any new member 48 hours from being voted in

15. GUESTS

All members, excepting Temporary members may introduce guests to the club and the names of all guests and their member or members introducing them shall be entered in a Visitors Book kept for this purpose.

Any member introducing a guest or guests shall be responsible for their general behaviour and in particular for any breach of Club rules or bye laws,

or for any damage to property attributed to them.

No person residing within a radius of 10 miles of Torpoint shall be admitted as a guest more than 5 occasions in any one year.

16. PROFIT

The profits of the Club shall be applied for such purposes, as the Executive Committee shall determine from time to time.

In making such a determination the Executive Committee shall give consideration to the need for improvement to the Club facilities and equipment, the welfare of the members of the Club and other relevant factors.

The profits of the Club in any one year, or part of such profits may be invested in such a manner as the Executive Committee thinks fit. Any surplus income or gains will be reinvested in the Club. Club assets either in cash or kind cannot be distributed to members or third parties. This does not prevent donations by the Club to Charities or to other clubs that are registered as a charity.

17. COMPLAINTS OR SUGGESTIONS

Must be made in writing to the Hon Secretary, who will place before the Executive Committee for action or decision as necessary or advisable as per The Constitution.

18. PROTECTION OF THE GREEN

Members or visitors, when on the Green must wear the recognized Bowling Shoes or Galoshes without heels. All Club members are to give the Green fullest consideration and not cause damage to the playing surface in any way.

19. PREPARATION OF THE GREEN.
20. a) It is the responsibility of the Club members to assist in ensuring that rink division strings (N/A under current EBA Rules) scoreboards, rink markers, mats, cigarette bins, coat hanger stands and protective canvasses/ nets, if considered necessary, are in position before a game.
21. b) Members are also to ensure that all items are collected and returned to their appropriate stowage in the Pavilion after each game.

Green Committee responsible for:-

Maintaining the green to a high bowling standard.

Ensure members adhere to rotation of play.

Cancellation due to adverse weather conditions.

Mowing diary.

Machinery upkeep.

Sprinkler system.

20. CLUB REGULATIONS.

All members and visitors within the Bowling Club grounds are subject to any regulations issued by The Club Management concerning such property that the Club holds under the Lease.

21. DISCIPLINARY ACTION

Will be taken if, in the opinion of the Executive Committee any member is considered as not complying with the forgoing rules and any subsequent bye-laws, or is in any way offensive to other members or visitors, such a member may be suspended from the Club or receive any other disciplinary action considered appropriate after appearing before the Executive Committee as per

The Constitution.

22. ALTERATION OF THE RULES

Subject to the provisions of Rule 17, no alterations

or additions shall be made to the rules of the Club without the consent of a majority of FULL playing and LIFE members present and voting at the AGM,

Spring General meeting or an Extraordinary General Meeting.

Every proposal for alteration or addition to the Rules

shall be put in writing and signed by at least 7 FULL playing and LIFE members and sent to the Hon Secretary at least 10 days before the date of the AGM Spring meeting or an EGM.

The secretary shall as necessary, notify the Police, the Local Authority/License Dept of any duly made relevant alterations or additions to the rules of the Club within 28 days.

23. APPLICATION OF THE RULES

Every member shall be deemed to have full cognisance of the Rules of the Club and shall be bound in every respect thereby.  The Rules of the Club will be issued to FULL and LIFE  members. A copy of the Club Rules and The Constitution shall be displayed in the clubhouse