Annex A. Club Constitution

1. NAME

1.1 The club shall be known as "Sutton Bingham & District Canoe Club" hereinafter known as the Club, and shall be affiliated to the British Canoe Union (BCU).

2. ADMINISTRATION

2.1 Subject to the matters set out below, the Club and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee constituted by clause 10 of this constitution.

3. OBJECTIVE

3.1 The object of the club is to provide facilities for and promote participation of the whole community in the sport and recreation of canoeing and kayaking

4. MEMBERSHIP

4.1 Qualification: Any person who undertakes to behave in the best interest of canoeing shall be eligible for membership regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.  However, limitation of membership according to available resources or facilities is allowable on a non-discriminatory basis.

4.2 Classes of Membership:

a) Full members - over the age of 18.

b) Family Members - the spouse and/or children under 18 of a Full Member.

c) Junior Members - under the age of 18.  Those under the age of 10 will only be admitted when one or both parents are members.

4.3 Election:       Candidates for election to membership shall make written application to the Secretary of the Club on the form provided. The power of election shall rest with the Executive Committee.

4.4 Restriction:   A person who has been expelled from, or refused membership of, the British Canoe Union, shall not be eligible for membership.

4.5 Acceptance:  The Executive Committee may decline to accept application for, or renewal of, membership, from any person, only for good cause such as conduct or character likely to bring the Club or sport into disrepute.  Appeal against refusal or renewal may be made to the Club's members.

4.6 Each member upon joining or renewing their membership shall sign the following declaration:

Upon acceptance into membership of Sutton Bingham and District Canoe Club, I understand that canoeing and kayaking are "assumed risk", "water contact sports" that may carry attendant risks and are undertaken at my own risk.  I confirm that I do not suffer from any disability or medical condition (other than disclosed) that may render me unfit for strenuous exercise*.  I agree that those in charge may give permission, on my behalf, to receive medical treatment.  I have read, accept and agree to abide by the Club's rules, policies and constitution.

* Should a medical condition exist, this will not necessarily preclude you from membership/participation, but it must be declared.  Should you be in any doubt, advice should be sought from your family doctor.

5. ENTRANCE FEE

5.1 Each applicant for membership shall, if his/her application be accepted, pay an entrance fee, the amount of which shall be determined by the Executive Committee prior to the Annual General Meeting.

6. SUBSCRIPTION

6.1 The rates of subscription shall be proposed by the Executive Committee and determined by the members at the Annual General Meeting.  Subscriptions shall be due on election and, thereafter, on or before the 31st January in each year, or within 14 days of the Annual General Meeting if held after 16th January.

6.2 The Club will keep subscriptions at levels that will encourage participation.

7. CESSATION OF MEMBERSHIP

7.1 Any member may resign giving one month's clear notice in writing to the Secretary.

7.2 Any member violating any of the rules or regulations of the Club or being adjudged guilty of unsatisfactory conduct may, by resolution of the Executive Committee, be suspended or expelled.  Appeal against suspension or expulsion may be made to the Club's members.

7.3 A member shall be deemed to have resigned from the Club if, after due notice in writing, he/she has not paid the annual subscription which became due on the 31st January.  He/she may, however, rejoin at any time during that year without payment of any entrance fee, subject to the provision of clauses 4 and 6 above.

8. DISCIPLINE AND APPEALS

8.1 All concerns, allegations or reports of poor practice/abuse relating to the welfare of children and young people will be recorded and responded to swiftly and appropriately in accordance with the Club's child protection policy and procedure.  The Club's Welfare Officer is the lead contact for all members in the event of any child protection concerns.

8.2 All complaints regarding the behaviour of members should be submitted in writing to the Secretary.

8.3 The Executive Committee will meet to hear complaints within 28 days of a complaint being lodged.  The Committee has the power to take appropriate action including the termination of membership, subject to the provisions of clause 7.2 above.

8.4 The outcome of a disciplinary hearing should be notified in writing to the person who lodged the complaint and the member against whom the complaint was made within 14 days of the hearing.

8.5 Appeal against the decision of the Executive Committee may be made to the Club's members by way of an Extraordinary General Meeting and decided by a majority vote.

9. DISQUALIFICATION FROM HOLDING OFFICE

9.1 Only members entitled to vote are eligible to hold office, except that the junior members of the Club may elect up to two Junior Representatives who shall be entitled to attend the Executive Committee meetings.

9.2 Except for the elected Junior Representative(s) identified under clause 9.1, any member who is under the age of 18 years, shall not be eligible for election to the Executive Committee of the Club.

9.3 Any member whose main income is derived from the sale or manufacture of canoes and/or accessories, or who is disqualified as an amateur under the rules of the British Canoe Union, will not be eligible for election to the Executive Committee of the Club, but such a person may be co-opted without voting rights

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

10. EXECUTIVE COMMITTEE

10.1 The Executive Committee shall conduct the affairs of the Club as a whole and shall comprise:

a) a Chairperson, Secretary, Treasurer, Welfare Officer and

b) not less than three and not more than eleven other officers.

10.2 At the Annual General Meeting the members shall elect from amongst themselves a Chairperson, a Secretary, a Treasurer and a Welfare Officer, who shall hold office from the conclusion of that meeting.

10.3 Welfare Officer: Nominees for the position of Welfare Officer shall only be a person who has obtained a satisfactory Enhanced Criminal Record Bureau (CRB) check sought on the Club's behalf by the BCU. For new nominees, this check should be no more than three months old immediately prior to taking office. For a person already in office, this check should be no more than three years old. The current Chairperson shall liaise with the BCU to obtain such checks.

10.4 Nominations for the position of Chairperson, Hon Secretary, Hon Treasurer and other officers shall be put forward in the form of a motion under the terms of clause 14.3.3.

10.5 The Executive Committee shall elect a Vice-Chairperson from amongst its number.

10.6 The term of office shall be for one year, and members shall be eligible for re-election.

11. DUTIES OF THE EXECUTIVE COMMITTEE

11.1 In pursuance of the Club's object identified at clause 3, the Executive Committee shall undertake and perform duties, develop policy, codes of conduct and rules commensurate with achieving the following aims:

a) promote the sport and recreation of canoeing and kayaking;

b) offer coaching and competitive opportunities in canoeing;

c) promote the Club and canoeing as an activity within the local community;

d) manage the Sutton Bingham Club site;

e) ensure a duty of care to all members of the Club;

f) provide the Club's services in a way that is fair to everyone;

g) ensure that present and future members receive fair and equal treatment.

11.2 Chairperson:  The Chairperson will preside at all General Meetings of the Club and at all meetings of the Executive Committee.  He or she shall be responsible for guiding the activities of the Club in accordance with its rules and general policy as expressed by the majority of its members.  The Chairperson shall represent or arrange representation of the Club at BCU regional level and at meetings of other organisations.  He/she shall ex officio be a member of any other committee of the Club.

11.3 Honorary Secretary: The Hon Secretary will be responsible for the organisation of meetings of the Executive Committee and of the Club, and the recording of minutes relating to such meetings and all correspondence relating to the general business of the Club.  He/she shall also be responsible for transmitting to the section secretaries all correspondence relating to the particular activities of the section concerned at the earliest opportunity.  The Hon Secretary will receive copies of the minutes of section committees.

11.4 Honorary Treasurer:  The Hon Treasurer will be responsible for the collection of all monies including subscriptions and shall keep such books of account as required by the Annual General Meeting.  He/she shall have the power to examine, after giving one week's notice, the books of any section, and shall report any discrepancies to the Executive Committee.  The Hon Treasurer shall audit the books of each section annually and shall produce at the AGM balance sheets showing the financial state of each section and of the general funds.  The Treasurer must make the Committee aware of any existing or potential financial or cash flow problems.

11.5 Welfare Officer: The Welfare Officer will be responsible for the implementation of the Club's welfare policies including, but not limited to, the child protection and vulnerable adults policies. He/she shall be responsible for ensuring that satisfactory Enhanced CRB checks are sought on behalf of the Club by the BCU for all Club committee members, all Club coaches, and volunteers acting for the Club in positions of responsibility.

11.6 Duties of other officers:  Officers may be elected to be responsible for the following duties:

a) Equipment/Safety Officer: The Equipment/Safety Officer shall monitor the condition of the Club's equipment and implement the Club's safety procedures;

b) Meets Organiser:  The Meets Organiser shall organise a programme of canoeing events and activities;

c) The Social Secretary:  The Social Secretary shall organise a programme of social events;

d) Newsletter Editor:  A Newsletter Editor shall produce a regular bulletin;

e) Section Chairpersons:  Section Chairpersons shall be elected to oversee the affairs of section committees as may be appointed under clause 13.

11.7 In furtherance of the aims and objectives, but not otherwise, the Executive Committee may exercise the following powers:

a) Power to provide canoeing and kayaking facilities and related social facilities, canoe and kayak equipment, coaching, courses, first aid, event expenses, refreshments and other ordinary benefits of a Community Amateur Sports Club as provided for in the Finance Act 2002;

b) Power to raise funds and invite 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;

c) Power to buy, take on lease or in exchange any property necessary for the achievement of the aims and objectives and to maintain and equip it for use;

d) Power subject to any consents by law to sell, lease or dispose of all or any part of the property of the Club;

e) Power to co-operate with other clubs, charities, voluntary bodies and statutory authorities operating in furtherance of the aims and objectives and to exchange information or advice with them;

f) Power to appoint and constitute such advisory and/or sub-committees as the Executive Committee may think fit;

g) Power to do all such other lawful things as are necessary for the achievement of the aims and objectives.

12. MEETINGS AND PROCEEDINGS OF THE EXECUTIVE COMMITTEE

12.1 The Executive Committee is responsible for the general conduct of the Club's business and activities.

12.2 The Executive Committee shall meet not less than six times per year and at regular intervals, as required by the business to be transacted.

12.3 Special meetings of the Executive Committee shall be called by the Hon Secretary on instructions from the Chairperson, or not less than three Committee members.

12.4 A quorum shall consist of not less than four members in the case of the Executive Committee.

12.5 Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the resolution, but in the case of equality of votes the Chairperson of the meeting shall have a second or casting vote.

12.6 The Executive Committee shall keep minutes of the proceedings at meetings of the Executive Committee and any sub-committee.

12.7 In the case of casual vacancy among the Executive Committee, the said committee shall appoint another eligible person to act until the next AGM.

13. SECTION COMMITTEES

13.1 The Club may organise various sections to cover the various disciplines of canoeing.

13.2 The affairs of each section shall be conducted by a Section Committee of up to six members, of whom the Chairperson shall serve on the Executive Committee.

13.3 The Section Committees shall be elected by the section concerned.  A Section Committee may nominate other members of the section to serve the Section Committee.

13.4 The Secretary of each section shall keep minutes of all section meetings and be prepared to produce these if required at Executive Committee meetings.  He/she shall also be responsible for the collection of all monies relating to relating to the section and shall submit a balance sheet showing the financial state of the section at the AGM.  He/she shall also be prepared at all Executive Committee meetings to give a statement of the section's finances.

13.5 Section Committees may draw up rules and regulations necessary for the efficient management of the section, but such rules and regulations shall not become operative until approved by the Executive Committee.

13.6 Section Committees shall meet at such intervals as are required to satisfactorily conduct the business of the section.  Meetings shall be called by the Section Secretary on the instruction of the Section Chairperson, or upon a demand signed by not less than twenty percent of the members of the section committee.  A quorum shall consist of not less than three members of the section committee.

14. GENERAL MEETINGS

14.1 ANNUAL GENERAL MEETINGS

14.1.1 An Annual General Meeting (AGM) of the Club shall be held in the month of January in each year or as soon as practicable thereafter.

14.1.2 Every AGM shall be called by the Executive Committee.  The Secretary shall give not less than 21 days clear notice, specifying to all members the time and business of the meeting.  All members of the Club shall be entitled to attend.

14.1.3 Motions for discussion at AGM, not of origin from within the Executive Committee, shall be lodged with the Hon Secretariat at least 30 days preceding the AGM, and be signed by two members entitled to vote.

14.1.4 There shall be laid before the meeting a statement of accounts made up to the end of the previous year.

14.2 EXTRAORDINARY GENERAL MEETINGS

14.2.1 An Extraordinary General Meeting (EGM) shall be called on the instructions of a simple majority of the Executive Committee, or on a request signed by not less than five members of the Club entitled to vote.

14.2.2 The Hon secretary shall give not less than 21 days clear notice, specifying to all members the time and business of the EGM.  All members of the Club shall be entitled to attend.

14.3 PROCEDURE AT GENERAL MEETINGS

14.3.1 The Secretary or other persons specifically appointed by the Executive Committee shall keep a full record of proceedings at every General Meeting of the Club.

14.3.2 Only Full members and Couple / Family members over the age of 18 years are entitled to vote at all General Meetings.

14.3.3 At any General Meeting, a resolution put to the vote of the Meeting shall be decided by a show of hands, of those entitled to vote, except when more than one nomination has been received for a position on the Executive Committee, in which case voting shall be by secret ballot.

14.3.4 At all General Meetings the Chairperson will preside or, in his/her absence, a chairperson for the meeting will be elected by the voting members present.

14.3.5 At all General Meetings not less than twenty percent of the members shall constitute a quorum.

14.3.6 Absences of Quorum:  If after half an hour from the time appointed for the meeting, a quorum is not present, the Meeting, if called at the request of the members, shall be dissolved.  In any other case, the Meeting shall be adjourned.  If anyone is not present within half an hour from the time appointed for an Adjourned Meeting, the members present shall be a quorum.

14.3.7 Accidental Omission:  Accidental Omission to give notice of a meeting to, or the non-receipt of notice of, a meeting by any member shall not invalidate the proceedings of a meeting.

15. LIABILITY

15.1 The Executive Committee shall manage the affairs of the Club.  Financial or legal liability incurred in the rightful exercise of their office shall not, however, be the personal liability of the Committee, but shall be the responsibility of the Club as a whole.

15.2 All members or other persons who attend Club tours or meets do so at their own risk, and neither the Club nor its officers can accept any liability for any loss or injury of any kind sustained on Club Premises or whilst on a Club tour, meet or other activity.

16. FINANCE

16.1 All Club moneys shall be banked in an account operated by the Executive Committee, held in the name of the Club.

16.2 The Club Treasurer shall be responsible for the finances of the Club.

16.3 The financial year of the Club shall end on 31st December.

16.4 The Treasurer shall present an approved statement of the annual accounts at the Annual General Meeting. The auditor shall at least once every year examine the accounts of the Club, and ascertain the correctness of the income and expenditure accounts and of the balance sheet.

16.5 All cheques drawn against the Club funds should hold the signature of two authorised signatories.

17. DISTRIBUTION OF PROFITS

17.1 The Income and Property of the Club shall be applied solely towards promoting the Club's objects as set forth in this constitution and no portion thereof shall be paid or transferred, directly or indirectly, to members of the Club.

17.2 The Club will not make payment to members for participation in the sport which would contravene amateur status.

17.3 Any profit earned shall contribute to a General Fund for furthering the objects of the Club.

18. DISSOLUTION

18.1 The Club shall not terminate except by a resolution of an Extraordinary General Meeting convened for the purpose.

18.2 If the Executive Committee decides that it is necessary or advisable to dissolve the Club it shall call an Extraordinary General Meeting of all members of the Club, of which not less than 21 days notice (stating the terms of the resolution to be proposed) shall be given.  If the resolution is confirmed, the Executive Committee shall have the power to realise any assets held by or on behalf of the Club.

18.3 In the event of the dissolution of the Club, any assets remaining after the satisfaction of all debts and liabilities shall not be paid to or distributed among the members of the Club, but shall be given or transferred to one or more of the following approved sporting or charitable bodies:

a) A registered charitable organisation(s),

b) Another club  registered as a Community Amateur Sports Club (CASC),

c) The sport's national governing body (BCU) for the use by them for related community sports.

19. OMISSIONS

19.1 Any matters not provided for in this constitution, or any questions over the interpretation of it, shall be dealt with by the Executive Committee whose decision shall be final.

20. RULES

20.1 The Executive Committee shall be empowered to draw up and alter rules for the safe conduct of canoeing activities.  No rule may be made which is inconsistent with this constitution.

20.2 These rules shall be recorded in a separate document.

21. ALTERATION OF THE CONSTITUTION

21.1 This constitution shall not be altered, amended, or rescinded except by a General Meeting of the Club.

21.2 A resolution to give effect to a change must be passed by 75% of the members present at the General Meeting, and voting on this behalf.   

22. CONSTITUTION DECLARATION

22.1 Sutton Bingham and District Canoe Club hereby adopts and accepts this constitution as the current operating guide regulating the actions of its members.