THE CONSTITUTION
CONTENTS
CLAUSE Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â SUBJECTÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â PAGE
- NAME 2
- OBJECTIVESÂ Â Â 2
- NON DISTRIBUTION TO MEMBERS 2
- TRUST PROPERTY AND TRUSTEES 2
- MEMBERSHIP 3
- SUBSCRIPTIONS 4
- MANAGEMENT OF THE CLUB 5
- ELECTION OF THE COMMITTEE 6
- ANNUAL GENERAL MEETING 6
- SPECIAL GENERAL MEETING 7
- INTERPRETATION OF THE CONSTITUTION AND BYE-LAWS 8
- CODE OF CONDUCT 8
- DISCIPLINARY 8
- DISCIPLINARY PANELS 9
- BURDEN OF PROOF AND VERDICT 9
- SANCTIONS AND PENALTIES 9
- DISCIPLINE APPEALS 9
- CONSTITUTION CHANGES 10
- BYE-LAWS AND RULES 10
- INDEMNITY 10
- DISSOLUTION 11
THE CONSTITUTION
1Â Â NAME
The Club shall be called ‘Woodhall Spa Town Bowls Club’, hereafter to be referred to as ’’the Club’’
2Â OBJECTIVES
2.1 To foster and promote the Amateur sport of Flat green Bowls at all levels, providing opportunities for recreation and competition
2.2 To affiliate the Club to the County Association, National Governing Body or any other Association the Committee may from time to time decide
2.3 To manage the club in compliance with Community Amateur Sports Club (CASC)Â Â Â Â Â Â Â Â regulations as issued by HMRC
3Â NON-DISTRIBUTION TO MEMBERS
3.1 All surplus income or profits are to be reinvested in the club.
3.2 No distribution of Club assets in cash or in kind is permitted to members or third parties.
3.3 The property and funds of the Club will not be used for the direct or indirect benefit of Members other than as reasonably allowed by the rules
- TRUST PROPERTY AND TRUSTEES
4.1Â There shall be not more than four Trustees of the Club and not less than two, who will act with a majority decision.
4.2Â The Trustees will be appointed from time to time as necessary by the Club in General Meeting and hold office during his or her life, or until he or she shall resign by notice given in writing to the Committee.
4.3 The title of any Real property and such other property which has or may be acquired by or for the purpose of the Club, shall be vested in and under the legal control of the Trustees.
4.4 On death or resignation of a Trustee, the Committee shall take steps to secure the appointment of replacement Trustee for ratification by a Club AGM or SGM, as soon as possible. Thereafter take all lawful and practical steps to transfer all Club property into the names of all the appointed Trustees.
4.5 The Trustees are the legal owners of the Bowling Green at King George Avenue and Coronation Road, and are responsible for the property and grounds with the power to insure the property.
4.6 The Trustees shall enter into a Deed of Trust with the Club, setting forth the purpose and conditions under which they hold the said property in trust for the Club
4.7 Such Trustees shall deal with the property of the Club as directed by a resolution of the Committee of which an entry in the minute Book shall be sufficient evidence
4.8 If the Trustees when directed by a resolution of the Committee to perform a certain act, consider that the performance of such act is one of such importance that they consider that the Members be consulted, then the Trustees may refuse to perform such act until the Members have been consulted at a General or Special meeting and a resolution is passed at such meeting authorising or refusing to authorise the Trustees to perform such act as was originally directed by the committee
- 9 The Trustees shall be entitled to attend all Committee Meetings of the Club in their capacity as Trustees, but shall not be entitled to vote unless he/she is an elected member of the Committee
4.10Â 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 a Club
5Â MEMBERSHIP
5.1 Membership of the Club shall be Open to anyone interested in the sport of Bowls on application regardless of race, age, gender, disability, sexual orientation or religious belief. An application for membership shall be in the form prescribed by the Committee and follow the procedure set down in the Clubs Bye-Laws
5.2 The Club has different classes of membership and subscriptions on a non- discriminatory and fair basis
5.3Â Full Member- being a person who, at the date of election, shall have attained the age of eighteen years. They are entitled to vote and will receive communications of the Clubs business and or finance. A full member has access to bowl
5.4   Junior Member-being a person who, at the date of election, is under the age of eighteen. They have access to bowling but are not entitled to vote
5.5   Social Member – A person over 12 years of age and not be a bowling member of the club. Membership is limited to such numbers as the committee decides in accordance with CASC rules. Social Members shall not be entitled to nominate or vote or have access to bowling. They may attend General Meetings and speak.
5.6 Life Member – may be elected without fees or subscriptions. Life Members shall enjoy the full privileges of membership. No one shall be elected a Life Member unless in the opinion of the Committee he/she has rendered exceptional service to the Club or in the promotion of the game of bowls. The number of Honorary and Life Members shall not exceed 2% of the total membership.
5.7 Weekend Member –  Shall have access to bowling at Weekends only when accompanied by a Full Member or attending an advertised game. They are not entitled to nominate or vote.
5.8 Temporary Membership- Any person invited to the Club by a Full member to bowl. They are entitled to bowl providing they pay the appropriate green fees. All Temporary members and visitors must sign the Visitors book on each visit.
5.9 The Club Committee may refuse or remove membership with reference to CASC rules and /or the Conduct code Bye-Laws of the Club, only for good cause such as conduct likely to bring the Club or sport into disrepute.
5.10 An appeal against refusal or removal of membership may be made.
Â
6Â SUBSCRIPTIONS
6.1Â The annual subscriptions shall be decided at the Annual General Meeting (AGM)
6.2Â Â Membership subscriptions will be kept at levels that will not pose a significant obstacle to people participating
6.3Â Annual subscriptions shall be due at the time of the pre-season meeting each year
6.4 Club Subscriptions not paid within 28 days of the Pre-season meeting may result in loss of membership
Â
- MANAGEMENT OF THE CLUB
7.1 The management of the Club shall be vested in the Executive Committee Officers and Five General Management Committee Members , hereinafter called ‘The Committee’, twelve full members in total, comprising of the following officers:
7.1.1 The Executive Committee: Chairperson, Vice Chairperson. Secretary (ex-officio), Treasurer (ex-officio) , Competition Secretary, Fixture Secretary, Green Keeper
7.1.2 The Management Committee: Five General Officers
7.2Â The Committee will convene every month and additionally as events require, to arrange the affairs of the Club.
7.3 Minutes shall be taken of the proceedings of the Committee meetings and shall be posted electronically or otherwise for members information. A hard copy is to be promulgated in the Club house.
7.4 The Committee shall have the power to fill any vacancies that occur, and Co-opt additional members. The total additional Co-opted Committee  members shall not exceed one third of the total number of elected Committee members. Co-opted members shall be entitled to vote on the Committee.
7.5Â The Committee shall have the power to appoint a Sub-committee from time to time to investigate and research special projects, with the Committee determining their powers and terms of reference.
7.6Â Â At Committee meetings, five committee members shall form a Quorum.
7.7 Save as otherwise provided, decisions of the Committee and any Sub-Committee shall be made upon a simple majority of votes of those members present
7.8 At Committee meetings, the Chairperson, or in his/her absence the Vice chairperson of the Club shall be the Chairperson.
7.9  The Committee will sign HMRC’s ‘Fit & Proper’ declaration upon taking up office
7.10 The Committee will fulfil HMRC’s management requirements as promulgated in the Clubs Bye-laws
7.11 The Committee will be responsible for adopting new policies, codes of practice and rules that affect the organisation of the Club
7.12Â Members of the Committee will hear the Discipline hearings and Discipline Appeals
Â
Â
8Â ELECTION OF THE COMMITTEE
8.1 The Committee will be elected at the AGM of the Club from the members by the members present
8.2 All the members of the Committee shall retire from office together at the end of the AGM next ,after the date on which they came into office , but they may be re-elected or re-appointed
8.3Â All personal votes shall be taken by a paper ballot
8.4Â The Election process and procedure is promulgated in the By-Laws of the Club
8.5 All elected and/or re-elected members of the Committee shall hold office from the conclusion of the AGM
- ANNUAL GENERAL MEETING
9.1 A General Meeting of the Club shall be held in every year not later than November to transact and minute the following business:
9.1.1 To confirm the minutes of the previous meeting, and any SGM held since the last AGM
9.1.2Â Â Receive any report and transact any matters arising from the minutes of the previous AGM
9.1.3 Receive the Annual report from the Chair
9.1.4 Appoint an examiner or examiners.
9.1.5Â Â Receive the audited accounts for the year from the Treasurer and report
9.1.6  Receive the Secretary’s report
9.1.7Â Â Receive the Competitions and Fixtures Officers reports
9.1.8.  Receive the Clubs Captains reports
9.1.9Â Â Â To elect the Clubs Officers and other members of the Committee
9.1.10Â Â Transact such other business received in writing by the Secretary from members prior to the meeting and included on the Agenda
9.1.11Â Â To Consider and if approved, sanction any duly made alteration of the Constitution
9.2. At general meetings one third of the Club members entitled to vote and who are present  shall form a Quorum
9.3Â Decisions made at a General Meeting shall be by simple majority vote, except as otherwise provided, Â from the members present entitled to vote. In the event of equal votes, the Chairperson shall be entitled to a second and additional casting vote
9.4  Should no business be conducted which would effect change to the Constitution, a vote will be made to confirm that the Constitution is ‘fit for Purpose ‘.
9.5Â Â Draft minutes of the AGM shall be available to view within a calendar month of the AGM, but confirmed at the next AGM
9.6   The AGM’s process and procedures are promulgated in the Club Bye-laws
10Â Â SPECIALÂ GENERAL MEETING (SGM)
10.1Â Â A SGM may be convened at any time by the Committee.
10.2 SGM’s may be called by either of the following:
10.2.1 The Chairperson
10.2.2Â Â 60% of the Management Committee
10.2.3Â Â Not less than one third of the Clubs membership
10.3 SGM’s have exactly the same powers as an AGM and may be convened for the following purposes :
10.3.1Â To consider and if approved, sanction any duly made alterations to the Constitution
10.3.2Â To deal with any special matter which the Committee may desire to place before the members, excepting disciplinary matters.
10.3.3Â To receive the resignation of the Committee or to remove any member or members thereof from office and to fill any vacancy or vacancies caused thereby
10.3.4 To deal with any special matter, other than disciplinary matters which the members may desire to place before the Club.
10.4 At any SGM only the business of which notice has been given, shall be discussed
10.5 For trivial and or frivolous issues, which may not be considered appropriate to call such a meeting, advice of a more suitable course of action will be given by the committee.
10.6Â The procedure to convene a SGM is as promulgated in the Clubs Bye-Laws
- INTERPRETATION OF THE CONSTITUTION,BY-LAWS AND RULES
11.1 The committee shall be the sole authority for the interpretation of the Constitution, By-laws and any Domestic Rules
11.2 Any matter not addressed by the Constitution, By-Laws or Rules shall be placed before the Committee for determination. Any decision made thereafter by the Committee shall be final and binding until set aside or determined at the next General meeting
- CODE OF CONDUCT
12.1 Any member that joins the Club is deemed to accept the Clubs Code of Conduct, and it is the responsibility of all members to be conversant with the contents of the said code.
12.2Â Â A breach of the Code of Conduct will be considered a Discipline matter
12.3Â The Code will cover;
12.3.1 Behaviour and Conduct of every member whether before, during or after any Club events
12.3.2  Members respect for other members of the Club and opponents
12.3.3Â Punctuality of members to agreed timings for Club Competitions or events
12.3.4Â Non- adherence to the Dress Code
12.3.5Â Smoking and the misuse of drugs on Clubs premises
12.3.6Â Â Inappropriate language on or off the green
12.3.7Â Unauthorised or serious misuse of Club property or facilities
12.3.8Â Â Any actions which are considered liable to bring the Club and the game of bowls into disrepute
12.4 Degrees of misconduct will attract variations in penalties as promulgated in the Clubs Bye-Laws
13Â DISCIPLINARY
13.1 If a Member has been adjudged, and in the opinion of the Committee has breached the conduct code, the member is subject to the disciplinary procedures as promulgated in the Clubs Bye-laws
13.2 Disciplinary procedures will be executed against any alleged offender, hereafter referred to as the Subject, by a panel of officers from the Club Committee
14Â DISCIPLINARY PANELS
14.1 The Clubs Disciplinary panel, hereafter referred to as DP, will be comprised of the Vice Chairman of the Club and 5 committee members not involved in the complaint.
14.2 The Disciplinary Appeals Panel, hereafter referred to as DAP, will be comprised of the Chairperson of the Club and the remaining committee members not involved in the complaint
15Â BURDEN OFÂ PROOFÂ AND VERDICT
15.1 The standard shall be with the Clubs DP, who will only find against the Subject on the evidence before it.
15.2 The DP must be satisfied that on the ‘Balance of Probabilities’ that an allegation of misconduct has been proved.
15.3Â If members of the DP cannot agree, the verdict will be decided by the majority of its members
Â
16Â Â SANCTIONS AND PENALTIES
16.1Â Â Disciplinary action could lead to a sanction including ;Â censure, suspension, or expulsion
16.2  Further Sanctions are promulgated in the Clubs Bye-Laws
Â
17Â DISCIPLINE APPEALS
17.1 If a disciplined Member is unhappy with the DP’s decision, he/she may Appeal to the DAP
17.2  Any Appeal request must be made in writing to the Secretary within 7 days of the letter notifying the Disciplined Member of the DP’s decision
17.3 The Appeal request must give the grounds for the Appeal
17.4 Successful Appeals requests will activate the Appeals Procedure Bye-laws
17.5 The Disciplined member has the right to be represented at an Appeal
17.6 Following an unsuccessful Appeal to the DAP, the appellant may apeal to the County Association.
18 CONSTITUTION CHANGES
18.1Â Any proposals to alter the Constitution must be duly proposed and seconded and delivered in writing to the secretary of the Club to be considered at an annual or special general meeting convened with the required written notice of the proposal
18.2 On any proposed alterations properly put to an Annual or Special General meeting of the Club relating to the creation, repeal or amendment of the Constitution of the Club, such changes shall not be created, repealed or amended except by a simple majority vote of those present and entitled to vote
18.3 Any such changes in the Constitution and Bye-Laws must not 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
18.4Â No alterations to the Constitution shall be made without the knowledge or consent of the Trustees, but such consent shall not be unreasonably withheld by them
18.5 The Constitution shall be reviewed annually with all proposals being forwarded for consideration, from either the Committee or Club members
19 BYE-LAWS AND RULES
19.1 The Executive Committee shall have the power to make, repeal and amend such Bye-Laws and rules they may from time to time consider     necessary for the wellbeing of the Club
19.2 Any changes to the Bye-Laws and rules will be circulated to full members by electronic mail and promulgated on the Clubs Notice board
19.3Â Such Bye-Laws, repeals and amendments shall have effect until set aside by the Committee
20Â INDEMNITY
20.1 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
20.1. RIDER 1Â 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.
20.1. RIDER 2Â Provided that any such member so indemnified has been properly authorised in relation to the duties undertaken on behalf of the Club by the Committee
21Â DISSOLUTION
21.1 If, at any General meeting of the Club, a resolution be passed calling for the dissolution of the Club by a simple majority, the secretary shall immediately convene a Special General meeting to be held not less than one month thereafter
21.2 At the SGM at which not less than one half of the full members are required to be present, that the resolution shall be confirmed by a resolution passed by two thirds majority of the members voting thereon.
21.3 The Committee upon confirmation of dissolution shall at such date specified in the resolution proceed to realise the assets of the Club and discharge all debts and liabilities of the Club.
21.4 Upon dissolution of the Club the Committee shall give or transfer the net assets remaining to one or more of the following:
21.4.1Â Â Â To another Club with similar sports purposes which is a charity and/or
21.4.2Â Â Â To another Club with similar sports purposes which is a registered CASC
Ratified
Amended:Â SGM 12.03.22
Signed:
Chairman:Â Â Â Dave Walsh
Signed:
Secretary:Â Â Â Sam Elgar
