DRAFT RULES FOR BASC CLUBS AND SYNDICATES

Transcription

1 DRAFT RULES FOR BASC CLUBS AND SYNDICATES

2 DRAFT RULES The following Draft Rules should meet the basic requirements of most clubs/ syndicates and they can be amended for your own particular circumstances e.g. different categories of membership, more Officers or Executive Committee members, a larger quorum or specific local general rules. Some clubs may use the external services of a Secretary, Treasurer or Minutes Secretary so the term Hon. has not been used in the following draft. Adoption of rules should be at a General Meeting and every member must receive a full set of the rules together with updates as they may occur. Please note - all clubs must agree to the three rules in bold type (rule 3, rule 6 and rule 14). (1) Name The club / syndicate shall be called hereinafter the shoot and this title shall be strictly adhered to at all times. (2) Objects The objects of the shoot shall be: (e) To promote the interests of shooting. To maintain and uphold the best interests of sportsmanship in shooting. To maintain proper conservation of all game and the management of habitat under the shoots jurisdiction. To encourage a better understanding of shooting as a sport. To provide social and other amenities for its members. (3) Membership The membership of the shoot shall not exceed. full and probationary members in addition to juniors, seniors, students, associate and supporter members. Anyone wishing to join the shoot must meet the criteria that the Executive Committee, or the members in General Meeting, may from time to time decide. Details of the current criteria will be available from the Secretary. By virtue of membership, all members of the shoot shall become,

3 and remain during their membership, members of the British Association for Shooting and Conservation Ltd (BASC) in the appropriate category. (4) Subscriptions Entrance fees and subscriptions shall be confirmed at each Annual General Meeting. Subscriptions are due on and must be received no later than (5) Resignation A member shall cease to be a member if he gives written notice to the Secretary of his resignation. Failure to renew subscription by the due date will be taken as the member s wish to resign. (6) Discipline Every member must comply with the Rules of the shoot and any infringement may result in the implementation of the shoot s disciplinary procedures. The Executive Committee, on proof to its satisfaction and in its absolute discretion, shall have the power to discipline or expel any member whomsoever, whose conduct (whether by act or omission) it considers to be contrary to the best interests of the shoot, or detrimental to the good name of the sport of shooting. The committee must act in good faith and not from any malicious motive. Conduct that could result in expulsion should be considered by a special meeting and not just as a matter of an ordinary meeting. The normal rules for club meetings must apply. The principles of natural justice should be followed when considering any conduct that could result in disciplinary action and especially when expelling a member: The member MUST be provided with written notice of the meeting and the charges of misconduct The member MUST be given the right to answer to those charges The member MUST be given the right of appeal to be heard by an independent tribunal / appeals committee. This includes the requirement that the Chairman of the tribunal/appeals

4 committee/tribunal was not a member of the Executive Committee that disciplined or expelled the member. The member should be notified of the Executive Committee s decision within seven days of the decision. The Executive Committee shall have the power to suspend a member with immediate effect from involvement in shoot activities pending the outcome of any appeal. The member should be give 14 days in which to notify the Executive Committee of his wish to appeal their decision. The Executive Committee will then establish or notify the Appeal Committee and the appeal should be heard within a further 14 days. The member should be notified of the Appeal Committee s decision within seven days. The member shall remain a member of the shoot until the process is concluded. The independent tribunal should consist of a Chairman and a minimum of two other members of the shoot. To ensure that a decision can be properly reached, it is advisable to have an uneven number of tribunal members sitting or provide the Chairman with a second and casting vote. (7) Executive Committee The Executive Committee shall manage the affairs of the Association until otherwise determined by the shoot in General Meeting. The Executive Committee shall exercise all the powers of the shoot save as by those rules required to be exercised by the members in General Meeting. No resolution in General Meeting shall invalidate any prior act of the Executive Committee that would otherwise have been valid. The decision of the Executive Committee on any matter not specifically provided for in these rules shall be final and binding on the members. The Executive Committee shall consist of the Chairman, Vice-Chairman, Secretary, Treasurer, Field Warden and at least four other elected members. The Executive Committee members shall be proposed and seconded in accordance with Rule 9 and elected by a show of hands at the Annual General Meeting each year and shall remain in office until the completion of the next Annual General Meeting following their appointment. The Executive Committee may fill any vacancy occurring by resignation or otherwise. The quorum for Executive Committee meetings shall be five. The Executive Committee shall hold its meetings at such dates, time and place as it may from time to time decide.

5 (e) (f) (g) (h) (i) The Secretary shall call meetings of the Executive Committee at the request of the Chairman or at the request of any three members of the Committee so long as seven days notice is given in writing to all members of the Executive Committee. Decisions of the Executive Committee shall be made by a simple majority and in the event of equality of votes, the Chairman of the meeting shall have a casting or additional vote. The Secretary, or another person nominated by the Executive Committee, shall take Minutes of the meeting. The members of the Executive Committee shall be indemnified by the members of the shoot against all liabilities properly incurred by them in the management of the affairs of the shoot. The Executive Committee may from time to time appoint from among its number, and from other members within the shoot, such sub-committees as they may consider necessary and may delegate to them such powers and duties as the Executive Committee may determine. All subcommittees shall report their proceedings to the Executive Committee and shall conduct their business in accordance with the directions of the Executive Committee. (8) Officers and Honorary Members The officers of the shoot shall be a Chairman, a Vice-Chairman, a Treasurer, a Secretary and they must all be fully paid-up members of the shoot. The officers shall be proposed and seconded in accordance with Rule 9 and elected by a show of hands at the Annual General Meeting and shall remain in office until the completion of next Annual General Meeting following their appointment. The Executive Committee may fill any vacancy occurring by resignation or otherwise. The Annual General Meeting may elect a President and Vice-Presidents. A President or Vice-President need not be a member of the shoot and on election shall, ex officio, be an honorary member of the shoot. The Executive Committee may recommend to the members in a General Meeting, any person as an honorary member of the shoot and they shall be entitled to all the privileges of membership except that they shall not be entitled to shoot on land over which the shoot has permission to shoot other than by virtue of the shoot s guest arrangements, or to vote at meetings and serve as officers or on the Committee.

6 (9) Annual General Meeting The Annual General Meeting of the shoot shall be held each year in the month of. The date of the Annual General Meeting must be notified to each member in writing at least 28 days before such a meeting. The meeting shall transact the following business: (i) To receive the Chairman s report of the activities of the shoot during the previous year. (ii) To receive and consider the accounts of the shoot for the previous year and the Treasurer s report as to the financial position of the shoot. (iii) To elect the Auditor. (iv) To elect the officers and other members of the Executive Committee. (v) To confirm entrance fees and subscriptions proposed by the Executive Committee. (vi) To decide on any resolution which may be duly submitted in accordance with rule 9. (e) No other business shall be transacted except with the permission of the chairman of the meeting. Nominations for election of members to any office or for membership of the Executive Committee shall be made in writing by the proposer and seconder to the Secretary not less than 21 days before the Annual General Meeting. Notice of any resolution proposed by members to be moved at the Annual General Meeting shall be given in writing to the Secretary not less than 21 days before the meeting. An agenda for the Annual General Meeting, stating the business to be conducted, must be sent in writing to each member at least 14 days before such a meeting. (10) Special General Meeting The Chairman or a majority of the Executive Committee may call a Special General Meeting on seven days written notice to the whole membership. The Secretary, on receipt of a written request signed by not less than 20% of the current membership entitled to vote, shall forthwith call a Special General Meeting on seven days written notice to the whole membership. The written notice to the whole membership shall state fully the business to be conducted at the Special General Meeting and no other business may be transacted.

7 (11) Procedure at the Annual and Special General Meetings The President, Chairman, or in their absence a member selected by the Executive Committee, shall take the chair. Each member present shall have one vote and a simple majority shall pass all motions requiring a decision on a show of hands. In the event of an equality of votes the chairman of the meeting shall have a casting or additional vote. The Secretary, or another person nominated by the Executive Committee, shall take Minutes at Annual and Special General Meetings. (12) Alteration of the Rules The rules may only be altered by resolution at an Annual or Special General Meeting provided that the resolution is carried by a majority of at least 60% of members present and voting after due notice has been given. (13) Executive Committee Rulings The Executive Committee shall have power to make, repeal and amend rules, as they may from time to time consider necessary for the well-being of the shoot. These rules, repeals, and amendments shall have effect until they can be ratified by members in a General Meeting. (14) General Rules No person shall be allowed to participate in any shooting or other activities unless he is a fully paid up-member or unless he is a guest of the shoot in accordance with the guest day membership scheme. Every member in any shoot activity shall carry a current membership card that is not transferable and must be produced on demand by any shoot officer, police officer, or owner or lessor of shooting rights held by the shoot or their agent, or any other authorised person. Every member shall hold such licences and certificates as may be required by the law for the kind of shooting or shoot activity that they are engaged in. All shooting shall be conducted in accordance with legislation in force and any agreement, lease or licence validly entered into and agreed by the Executive Committee.

8 (e) (f) (g) (h) (i) Members shall undertake to keep their dogs under strict control at all times and shall not allow them to cause a nuisance to the public, trespass or chase livestock or interfere with other members shooting. No member shall pass beyond the limits over which the shoot has permission to shoot except to recover wildfowl shot on or over the shoot s land and then only with the permission of the adjoining occupier, and in any case the member s gun shall be left securely within the boundaries of the land over which the shoot is permitted to authorise shooting. No member shall sell or be engaged in the sale of shot migratory wildfowl or cause others to sell such shot wildfowl on his behalf. It is a condition of membership that every member shall make himself available for such wardening duties and other work parties and shoot activities as the Executive Committee shall reasonably decide. It is a condition of membership that members shall report any contravention of these rules or any bylaws to the Executive Committee. (15) Finance All money payable to the shoot shall be received by the Treasurer, or his nominated assistant and deposited in a bank account in the name of the shoot. No sum shall be drawn from that account except by a cheque or written instruction signed by the Treasurer and one other designated signatory who shall be a member of the Executive Committee. Any money not required for immediate use may be invested by the Executive Committee, such action to be ratified by the members at the next Annual General Meeting. The income and property of the shoot shall be applied only in furtherance of the objects of the shoot and no part thereof shall be paid by ways of bonus, dividend or profit to any members of the shoot, save as set out in rule 18. The Executive Committee shall have power to authorise the payment of remuneration and expenses to any officer, member or employee of the shoot and to any other person or persons for service rendered to the shoot. The Treasurer will maintain a record of all the financial transactions of shoot.

9 (16) Borrowing The Executive Committee may borrow money on behalf of the shoot for the purposes of the shoot from time to time at their own discretion for the general upkeep of the shoot or with the sanction of a General Meeting any other expenditure, additions or improvements. When so borrowing the Executive Committee shall have power to raise in any way any sum or sums of money and to raise and secure the repayment of any sum or sums of money in such manner or on such terms and conditions as they think fit, and in particular by mortgage of or charge upon or by the issues of debentures charged upon all or any part of the property of the shoot The Executive Committee shall have no power to pledge the personal liability of any member of the shoot for the repayment of any sums so borrowed. The Trustees shall, at the discretion of the Executive Committee, make such dispositions of the shoot s property or any part thereof, and enter into and execute such agreements in relation thereto as the Executive Committee may deem proper for giving security for such monies and the interest payable thereon. (17) Property The property of the shoot, other than cash at the bank, shall be vested in not less than two and not more than four Trustees. They shall hold the property upon trust for the members of the shoot in accordance with the directions of the Executive Committee. The Trustees shall deal with the property as directed by resolution of the Executive Committee and entry in the minute book shall be conclusive evidence of such a resolution. The Trustees shall be elected by the members in a General Meeting following nomination by the Executive Committee and shall hold office until death or resignation unless removed by the members in a General Meeting. The President, or in his absence the Chairman, is nominated as the person to appoint new Trustees within the meaning of section 36 of the Trustee Act A new Trustee shall be nominated by the resolution of the members in a General Meeting and the President shall by deed duly appoint the person so nominated by the members in a General Meeting as the new Trustee of the shoot and the provisions of the Trustee 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 with the shoot or the Executive Committee be conclusive evidence of the fact so stated.

10 (e) The Trustees shall be entitled to an indemnity out of the property of the shoot for all expenses and other liabilities properly incurred by them in the discharge of their duties. (18) Dissolution In the event that the shoot becomes insolvent the Executive Committee shall forthwith take steps to wind up the shoot by realising its assets and settling amounts due to secured, preferential and unsecured creditors and to advise the members. Save in the event of the shoot becoming insolvent a resolution to dissolve the shoot shall only be proposed at a Special General Meeting and shall only be carried by a majority of at least 75% of the members present and voting. The dissolution shall take effect from the date of the resolution and the members of the Executive Committee shall be responsible for the windingup of the assets and liabilities of the shoot. Due allowance must be made within the shoot s finances to indemnify the Trustees until all current leases have expired. Any property remaining after the discharge of the debts and liabilities of the shoot shall be divided among the current members of the shoot at the date of dissolution, in accordance with the method agreed at the dissolution meeting. Summary Note: Minimum number of members to affiliate is six. A completed application, including a full list of your members and copy of your rules should be sent to BASC - acceptance of draft rules in full, part or minimum of 3, 6 and 14 only. After clearance has been completed (if necessary), BASC will send to the Club Secretary/Shoot Captain and Affiliation pack, including an Affiliation certificate and a copy of the Shoot Captain s Guide. In addition, each member of the club/syndicate will receive a Membership Card/Rule Book, the bi-monthly members journal and any other circulations issued, direct to their home address. Signed: (Club Secretary/Shoot Captain) Print name Date: Please sign and retain this copy for future reference.

11 British Association for Shooting and Conservation Marford Mill Rossett Wrexham LL12 0HL Telephone