BOWBROOK ALLOTMENT COMMUNITY CONSTITUTION & RULES OF THE BOWBROOK ALLOTMENT COMMUNITY Issue 10 Approved by Annual General Meeting on 12th March 2018
NAME & OBJECTIVES 1. The allotment will be called the Bowbrook Allotment Community (hereinafter shortened to BAC). This name will be used in all correspondence. 2. The objectives of the BAC are to promote gardening as a recreational activity and to encourage home grown food. But just as important, BAC encourages a friendly and helpful community spirit where fun and family involvement are seen as an important part of the allotment way of life. 3. BAC will be a non-profit making organisation and all surplus funds will be used to support our objectives and to improve the site. THE BAC CONSITUTION 4. The BAC Constitution comprises this document, the BAC Meetings & Ballots Procedure Rules, and the BAC Financial Procedure Rules. MEMBERSHIP OF BAC 5. BAC has three categories of membership: a) Members: This category is reserved for those who are actively cultivating a half plot. b) Associates: This category is reserved for those who have previously been Members and who have had to give up their plot due to their personal circumstances but who wish to remain actively involved in the management and organisation of the site and any associated activities, including standing as Officers or committee Members. c) Friends: This category is reserved for those who have previously been Members and who have had to give up their plot due to their personal circumstances but who wish to keep in touch with BAC activities, and for those who have not been Members but who wish to support the management and organisation of the site and any associated activities. 6. Any appropriate person may request the Membership Secretary to be allocated to the appropriate category of membership, irrespective of disability, gender, age or ethnic background, providing they observe these rules. 7. Residents of the wards of Bowbrook, Copthorne, Porthill and Radbrook will be given preference for membership over persons residing in other areas of Shrewsbury or outside the town. 8. Any Member who moves their residence to a location outside the wards referred to in Rule 7 and who wishes to remain a Member or to become an Associate Member will be permitted to do so. 9. Membership for Members and Associates is conditional upon the subscription and annual rent being fully paid on or before 1st April each year for existing Members or in accordance with Rules 66 and 67 for new Members. Page 2
10. Members must only hold one allotment within Shrewsbury. If they hold a plot elsewhere in Shrewsbury they must resign it before being able to hold one at BAC. Any Member subsequently found to be disobeying this rule will be given one month s notice of expulsion unless they obtain a letter from the Secretary of the other site stating that they have relinquished their plot. 11. The Membership Secretary will, on behalf of the Management Committee, keep a list of Members, Associate Members and Friends, and a Waiting List for people waiting for a plot to become vacant. These lists will be regularly updated, and contain the names, addresses, telephone numbers and email addresses of Members and potential Members. 12. Members must notify the Membership Secretary of any change to their name, address, telephone number or email address at the earliest opportunity. 13. All resignations from membership of BAC must be made in writing or by email to one of the Elected Officers. GOVERNANCE AND MANAGEMENT 14. Governance of the BAC is vested in the membership as expressed through General Meetings and/or All-Member Ballots. 15. The Management Committee has delegated authority to manage the site on a day to day basis, including making decisions on the running of the site, maintaining equipment and organising events and other activities. 16. The Management Committee will consult the BAC membership directly on any issues raised with it which it considers to be potentially controversial, including, if a majority of the Committee so decides, holding a ballot of all Members on the issue. 17. The Management Committee will negotiate with Shrewsbury Town Council (STC) in matters associated with the site. GENERAL MEETINGS & ALL-MEMBER BALLOTS 18. The Annual General Meeting (AGM) will be held before the end of March each year. Members will receive at least 28 days notice of the date, time and place of the meeting by the publication of a notice on the BAC Noticeboard and (for Members who have supplied email addresses) by email. 19. Any Member seeking an issue to be discussed at the AGM should set out a specific motion to be considered at the AGM. The motion must be relevant to the operation, management or well-being of BAC and the site and must comply with Rule 27. Advice on the wording of motions to allow a proposal to be considered is set out in the BAC Meetings & Ballots Procedure Rules. 20. Motions from Members for the AGM must be sent by letter or email to the Secretary at least 14 days before the meeting date. No proposals or items for discussion will be accepted after this date. Page 3
21. Members may request an Extraordinary General Meeting (EGM) by setting out a specific motion to be considered together with a letter of support signed by at least 10% of the current BAC membership and a deposit of 20 to cover the cost of the venue for the EGM. The deposit may be repaid from BAC funds if the EGM is held and the Members attending so determines. 22. Providing a request for an EGM complies with Rule 20, the Secretary will raise the issue at the next Committee meeting. If the next Committee is not due to be held within 28 days of receipt of the request, the Secretary will arrange for a special meeting of the Committee to be held to discuss the request within 28 days. 23. The Committee will consider the proposed motion to decide if it is sufficiently relevant, appropriate, important and urgent to be the subject of an EGM. If the Committee decides that the motion does not meet these criteria, the proposer will be informed that the matter will be considered at the next AGM and the deposit will be returned. If the Committee decides the motion does meet these criteria, the arrangements for an EGM will be put in hand at the earliest opportunity. 24. If the letter of support for an EGM is signed by more than 33% of the current BAC membership, the Secretary will arrange for an EGM to be held at the earliest opportunity without reference to the Committee. 25. The Management Committee may call an Extraordinary General Meeting (EGM) for a specific purpose providing at least 6 Committee Members agree that such a meeting is necessary and urgent. 26. Notices and agendas for the AGM or an EGM will be published on the site noticeboard and sent to Members by email at least 7 days in advance of the meeting. Where a Member does not have an email address, the Secretary will leave copies of the necessary information for them in Hut 2. 27. No political or sectarian issues may be raised or discussed at either an AGM or EGM unless such issues directly affect the operation or well-being of BAC or its Members. 28. The quorum for an AGM or EGM will consist of 20% of the BAC membership (Members and Associate Members). 29. The procedures for managing the discussion of controversial issues at AGMs and EGMs and for carrying out a ballot of all Members are set out in the Meetings & Ballots Procedure Rules. 30. An AGM or EGM may not delegate decisions on the following: a) Changes to the Constitution and Rules, with the exception of minor and consequential changes as set out in Rule 144; b) Changes to the rates of the annual subscription; c) Significant changes to the operation or layout of the site and the green spaces. Page 4
31. If a majority of those present at the AGM or EGM so decides, any proposals raised at an AGM or EGM may be referred to the Committee to arrange for a ballot of all Members to determine the proposals in accordance with the BAC Meetings & Ballots Procedure Rules. 32. If a majority of those present at the AGM or EGM so decides, any votes taken at the AGM or EGM may be taken by secret ballot rather than by a show of hands. 33. Members present at an AGM or EGM will have one vote. In the event of a tied vote at an AGM or EGM, the proposal under consideration will be considered to have been lost. Proxy votes will not be permitted at an AGM or EGM. 34. With the exception of minor and consequential changes as set out in Rule 144, the Constitution and Rules will not be amended without the approval of a majority of the Members present at an AGM or EGM or by a majority of Members in a ballot of all Members, providing that, if a vote to amend the Constitution and Rules is taken at an AGM or EGM, at least 20% of the total membership must be present at the meeting and at least 15% of the total membership must vote in favour of the proposed amendment. ELECTION OF OFFICERS 35. The following Officers will be elected each year at the Annual General Meeting: a) Chair b) Secretary c) Treasurer d) Membership Secretary 36. Where no individual Members have been proposed to fill a particular Officer post, the AGM may agree to the post being shared between two Members. 37. If any of the elected Officers resigns or ceases to be a Member of BAC between AGMs, the Committee will appoint an acting replacement for the remainder of the year from the membership of the Committee to ensure continuity. MANAGEMENT COMMITTEE 38. The Management Committee will consist of up to 15 BAC Members, comprising the 4 elected Officers together with up to 11 additional Members. 39. Where an Officer post is shared between two Members, each of those Members will fill one of the places on the Committee and there will be a corresponding reduction in the number of additional Members. 40. A Minutes Secretary and a Green Spaces Co-ordinator will be appointed from the membership of the Committee at its first meeting after the AGM each year. Page 5
41. Any Member who wishes to join the Committee should make their availability known to the Chair or Secretary at least 14 days before the AGM. If more than 15 Members (including Officers) wish to join the Committee, an election will be held at the AGM. 42. The Committee may co-opt Members to assist in its work but this will not give them voting rights on the Management Committee, nor will they be counted towards a quorum. 43. Between AGMs, vacancies on the Management Committee may be filled by invitation after discussion of possible candidates at a Committee meeting. Any such Committee members will have full voting rights and will be counted towards a quorum. 44. Any Member of the Management Committee may be removed by a simple majority of the Committee following an open discussion which will give the Member an opportunity to put their point of view. Votes may be secret, but the voting numbers and result of the vote will be noted in the minutes. MEETINGS OF THE BAC MANAGEMENT COMMITTEE 45. The Committee will meet at regular monthly intervals except during the winter when it will meet as needed. 46. If the Chair is absent from any Committee meeting, an Acting Chair will be appointed by the Committee members present at the meeting and will preside for the duration of the meeting. 47. The quorum for Committee meetings will be 50% of the total Committee size, as set out in Rule 38, less any currently unfilled vacancies, or 5, whichever is the larger. 48. Any urgent decisions required between Committee meetings may be taken by the Chair, Secretary and Treasurer after discussion with other Committee members by email, telephone or text message. Such actions will be reported at the next regular meeting. 49. At all meetings of the Committee, every question shall be decided by a simple majority. In the case of an equal number of votes being cast both for and against, the Chair will have the casting vote. FINANCES 50. The BAC Financial Year starts on 1st January and ends on 31st December. 51. The BAC Financial Procedure Rules set out the way in which the Committee and Officers will manage the funds which are raised for the benefit of Members. 52. It will be the duty of the Treasurer, Officers, Budget Holders and Members of BAC to comply with the Financial Procedure Rules whenever they make any financial transactions with or on behalf of BAC. Page 6
53. Ongoing authority is delegated to the Committee to move funding between budget headings during the year to ensure the smooth running if the organisation and the site and to take account of any changing priorities during the year. 54. The Treasurer will close the accounts on 31st December each year, and prepare income and expenditure statements and a balance sheet for presentation to the Auditor. 55. The Auditor will be appointed each year at the AGM. If the Auditor resigns or ceases to be a Member of BAC between AGMs, the Committee will appoint an acting replacement for the remainder of the year to ensure continuity. 56. The Treasurer will present a written report to the AGM detailing the audited accounts for the previous year and the proposed budget for the current year. The report will be circulated for discussion at least 7 days before the AGM. INSURANCES & INDEMNITIES 57. The Committee will arrange Public Liability Insurance for BAC, which will cover any claims by Members of the public for damage or injuries caused by the actions or inactions of BAC and its Members on the site, and insurance cover for sheds and equipment. 58. BAC Officers and Committee Members will be indemnified out of the assets of the BAC against any losses or liabilities incurred by them in respect of the conduct of their office, provided always that they were acting for and on behalf of the BAC, by and with the advice and express consent of the Committee, at the time any such losses or liabilities were incurred. SUBSCRIPTIONS & RENTS 59. The BAC Subscription Year starts on 1st April and ends on 31st March. 60. BAC will have three rates of subscription comprising (1) a rate for Members on a single tenancy plot, (2) a reduced rate for Members on a joint tenancy plot and (3) a further reduced rate for Associate Members. Friends of BAC will not be charged for their membership. 61. The subscription rates for the next subscription year will be decided by the AGM. If an AGM makes no decision to alter the rates of subscription, the current year s subscription rates will continue unchanged for the next year. 62. In January or February each year the Treasurer will inform Members by email or by letter of the amount due for the BAC subscription and the rent due to Shrewsbury Town Council for the ensuing year. If the BAC subscription rate is subsequently changed by the AGM in March, the Treasurer will further inform Members of the change. 63. Subscriptions and rents for existing Members must be paid in advance of the subscription year. Subscriptions and rents for new Members must be paid in accordance with Rules 66 and 67. Page 7
64. Any Member who is likely to have difficulty paying their subscription and rent must inform the Membership Secretary before 1st April. The Committee will consider the reasons for any delay in payment as soon as practicable after being informed and may, in exceptional circumstances, agree to payment being made in instalments. No such facility will be given to any Member who informs the Membership Secretary after 1st April. 65. The maximum period over which such a facility will be granted is 4 months from the date of the Membership Secretary informing Members of the amount due for the ensuing year. All payments made under an instalment scheme must be completed by 30th June. 66. The Membership Secretary will inform new Members of their subscription, rent and bond fees for the forthcoming year. New Members must include the full amount with their application form or inform the Membership Secretary when returning the form that they have already paid the money directly into the BAC bank account. 67. New Members who do not pay the full amount when returning their membership form must explain the reason to the Membership Secretary who may, in exceptional circumstances, defer payment for up to 14 days if the reason is accepted. New Members are not permitted to undertake any work on their plot until they have returned their membership form and paid the fees in full. Any new Member not making full payment in accordance with this Rule will have their membership cancelled immediately with no right of appeal. 68. Any Member who has not paid all outstanding sums due without the agreement of the Committee by 14 days after they were due will automatically be expelled and his/her plot offered to the next person on the waiting list. There will be no appeal against such an expulsion. 69. New Members joining between 1st April and 30th June in any year will pay 100% of the rent and membership fee for their plot. New Members joining between 1st July and 31st March will pay reduced rent and membership fees, in recognition that their first growing season will be limited, as follows: 1st July to 30th September 50%, 1st October to 31st December 25%, 1st January to 31st March 0% 70. Any Member who resigns may request reimbursement of their subscription and rent for the year. Repayment of all or part of the subscription and rent paid may be agreed by the Committee providing the plot is re-let to a new Member within 2 months of the date of the resignation. However, the amount of reimbursement will be no more than the amount paid by the new Member for the vacated plot. Members who are expelled will not be eligible for any reimbursement of their subscription and rent for the year. Page 8
BONDS 71. Members are required to pay a bond of 25 when they join BAC. The bond will be available to any new plotholder to put the plot into a good condition, if necessary, when the outgoing Member ceases to be a BAC Member. For the bond to be returned to a leaving Member, the plot will need to meet the requirements of Rule 84 on the day the plotholder leaves BAC. 72. All bond monies are to be held in trust by the Treasurer and accounted for separately in the annual accounts. The Treasurer will ensure that the bond monies are not available for general spending as they may be required for repayment at any time. SINGLE AND JOINT TENANCIES 73. Plots may be held as single or joint tenancies. Single tenancies have one Member and joint tenancies have two Members. Tenancies may not have more than two Members. 74. Members may not transfer their tenancy to another person or sub-let a plot but any Member may have an informal arrangement to share the plot with another person or for another person to assist with the maintenance of the plot. 75. In single tenancies, the tenant is the sole BAC Member and takes sole responsibility for the plot and payment of the subscription and rent. 76. In joint tenancies, each tenant is a BAC Member and each will be charged the BAC subscription fee, but at a reduced rate. The rent is charged for the plot and not for each Member. 77. On a plot with a joint tenancy, if one of the joint tenants ceases to be a Member for any reason, the plot will immediately become a single tenancy plot. However, the remaining Member may request that a second joint tenancy be created with a new partner, providing the new partner has worked on the plot with the remaining Member on an informal basis for the whole of a growing season. If the Committee is satisfied that is the case, the new partner may become a Member and the plot will become a new joint tenancy. 78. Where a second joint tenancy has been created under the procedure set out in Rule 77, if either of the joint tenants ceases to be a Member for any reason, the plot will immediately become a single tenancy plot and the remaining Member will not be permitted to create a third joint tenancy. 79. If a plot is shared on an informal basis, the informal sharer will have no membership rights to the plot except by becoming a member under the procedure set out in Rule 77. Should the Member resign, the plot will be offered to the next person on the waiting list unless a new joint tenancy has previously been created. Page 9
REQUESTS TO MOVE PLOTS 80. Any existing Member who is unhappy with their plot for any reason may request the Committee to consider allocating them a different plot when one becomes available. If the Committee accepts the reasons given for the request, the Member will be placed at the top of the waiting list for new Members and will be offered the first plot to become available. Only one such move will be permitted for each Member or joint Member. 81. It is expected that the Member relocating to a new plot will leave their old plot tidy and in good condition. However, a Member may be permitted to move to a new plot despite the condition of their old plot providing that the Committee is satisfied that (1) the reasons for moving are entirely due to the difficulties of maintaining the old plot by the Member concerned and (2) a new Member is willing to take on the old plot in its current condition or (3) the plot is unsuitable for continued usage. 82. Any Member who accepts a replacement plot will be responsible for the subscription and rent for both the old and the new plots from the time that the new plot is offered to them until the time that the old plot is re-let. 83. If the Member is unhappy with the alternative plot offered, they may refuse the offer. In such a case, they will be suspended from the waiting list for new Members for a period of 12 months. CULTIVATION OF PLOTS 84. Plotholders must ensure that at least 75% of their plot is cultivated to its full potential in a proper and husband-like manner. This is taken to mean that at least 75% of the area available for cultivation is: a) Empty but clearly being prepared for sowing or planting, or b) Well stocked with produce relevant to the time of year, or c) Being harvested during or at the end of the growing season, or d) Empty but clearly being prepared for the following season. 85. The area available for cultivation in Rule 84 excludes properly constructed and well defined paths and any area occupied by a shed but includes any area occupied by a greenhouse or cold frame. Areas which are not under cultivation must, nevertheless be kept tidy and, as far as possible, weed free. 86. Due allowance in respect of Rule 84 will be given to new plotholders in their first growing season if they have inherited a previously poorly maintained plot, in recognition that the time and effort to reach a good standard of cultivation can be onerous. PLOT INSPECTIONS 87. Plots and their surrounding paths will be inspected every month during the growing season (1st April to 30th October) by Members of the Committee to ensure compliance with these rules. Page 10
88. If, following a plot inspection, any plotholder is considered by the Committee to have failed to meet the requirements set out in Rules 84 (proper use and maintenance of the plot), 92 (not leaving obstructions on the communal paths around the plot) or 93 (ensuring that the paths around the plot are regularly mowed), he or she will be reminded of their obligations to cultivate their plot and to maintain their surrounding paths in the following way: Step 1: An informal letter or email will be sent to investigate the reasons for non-compliance and giving the plotholder 10 days to respond. If a satisfactory reason is given or a significant improvement is made within 10 days from the date of the letter, the plotholder will receive an acknowledgement email or letter and no further action will be taken. If, within 10 days, no satisfactory explanation is given for the poor maintenance of the plot, or any significant improvement to the plot, Step 2 will be applied. Step 2: A formal letter will be sent requesting a significant level of improvement within a 21 day period from the date of the letter. If a significant improvement, sufficient to fully meet the requirements of Rule 84, is made within 21 days from the date of the letter, the plotholder will receive an acknowledgement letter stating that no further action will be taken at present, together with a reminder that 21 days notice to improve letters are cumulative (see Rule 91). If insufficient improvement has been made within 21 days, Step 3 will be applied. Step 3: A second formal letter will be sent giving a further 21 days to significantly improve the plot. If an improvement, sufficient to fully meet the requirements of Rule 84, is made within 21 days from the date of this letter, the plotholder will receive an acknowledgement letter stating that no further action will be taken at present, together with a second reminder that 21 days notice to improve letters are cumulative. If insufficient improvement has been made within 21 days, Step 4 will be applied. Step 4: The Secretary will serve written notice on the Member to quit within 10 days of the date of the notice. 89. If a Member responds positively to Step 1 in Rule 88 but is unable to make the required improvements in a timely manner due to their personal circumstances, the Committee may set interim targets for the improvement of the plot. The targets will specify the improvements needed and dates by which the improvements are to be achieved. Any Member who accepts such targets but fails to meet them will be subject to Step 2 in Rule 88. 90. In the period from 1st November to 30th March, plots which have been subject to any of the processes set out in Rules 88 or 89 will continue to be inspected to ensure that any compliance targets which have been set have been properly adhered to. 91. Any 21 days notice to improve letters issued under Rule 88 will be cumulative such that if, within any three year period starting on the date of the first letter, a Member has already had 2 such letters and it is found for a third time that they are not maintaining their plot in accordance with Rule 84, the Secretary will serve written notice on the Member to quit within 10 days of the date of the notice without any further warning letter. Page 11
GRASS PATHS AND PLOT SURROUNDS 92. No obstructions or other obstacles may be left on any path which would prevent ease of mowing. Water butts and compost containers must be contained within the plot boundaries and must not encroach onto any paths or grassed areas. 93. Plotholders are responsible for keeping the paths and surrounds of their plots maintained and mown. In the case of plots bordering the car park where there is no grass path to mow, plotholders will be responsible for ensuring that no weeds encroach onto the car park in the immediate vicinity of their plot COMPOSTING AND GREEN WASTE 94. Members should take steps to compost all their green waste from their plot. If green waste cannot be composted, it should be taken home and disposed of responsibly. The green waste bins on the site are only for the use of waste from the green spaces. FRUIT TREES 95. Members are welcome to grow fruit trees on their plots, but only in trained form such as cordon, step-over, espalier or ballerina, or as a small tree on a restricting rootstock. They must be planted where they cannot cast shadow on or take moisture from neighbouring plots. Further details and advice can be obtained from the Secretary or the Green Spaces Co-ordinator. WATER BUTTS 96. Members are encouraged to put up a water collection system on their plots in order to collect rainwater for their use and reduce the use of mains water for watering. BAC provides water butts free of charge for Members to use for this purpose. The water butts remain the property of BAC and may only be used by Members if fully connected to a water collection system. 97. Any Member who has a BAC water butt on their plot which is not fully connected to a water collection system may be given 14 days notice by the Secretary to provide such a system and connection. If, after the expiration of the notice, the water butt is still not fully connected to a water collection system it may be removed and transferred to any Member who has provided such a system on their plot. BUILDINGS, STRUCTURES GREENHOUSES AND COLD FRAMES 98. With the exception of sheds, greenhouses, cold frames and vegetable/fruit cages, no buildings or other large structures may be constructed on any plot anywhere on the site without the approval of a majority of Members at a General Meeting or in a ballot of all-members on the proposed structure. Page 12
99. No walk-in polytunnels may be installed anywhere on the site. For the avoidance of doubt, a polytunnel is a walk-in structure comprising a metal or wood frame covered with stretched polythene or similar sheet material. 100. Members may erect a timber shed with an apex roof with a footprint no larger than 6 x 8 (1.8m x 2.4m). The roof ridge height must not exceed 6 6 (2.0m) and the sheds must be natural wood colour or brown. For plots 1 to 68, the shed must be situated on the section of the plot on the plan approved by Shropshire Council in 2009. If you have any doubts on this, please contact a Committee Member. 101. Members may erect a greenhouse or cold frame on their plots. The base area of the greenhouse or cold frame must not exceed 6 x 8 (1.8m x 2.4m). Greenhouses must be erected at least 1 metre away from the dividing or green space perimeter of the plot. The frame can be timber or aluminium and must be firmly secured to the ground using a base plinth in accordance with the manufacturer s instructions. 102. The glazing for a greenhouse or cold frame must be toughened safety glass or reinforced polycarbonate or other shatterproof material. Horticultural glass is not permitted for safety reasons in any greenhouse or cold frame. 103. Members must ensure that all structures and buildings are solidly built, well maintained and firmly secured to the ground to ensure stability and avoid danger of collapse and damage to other plots or plotholders, particularly in strong winds. BARBECUES 104. The use of off the ground barbeques is permitted, but guests should be restricted to small groups. Barbecues should not be used after dusk and the coals should be fully extinguished before leaving the allotment. USE OF BAC EQUIPMENT 105. All BAC Members may use BAC equipment on their own plot or elsewhere within the BAC site as necessary without prior approval. Equipment may not be removed from the site for any reason without the prior approval of a Committee Member. 106. Any Members using BAC powered tools must take responsibility for their own safety and for that of other Members and third parties. BAC will not be held liable for any injury or damage caused by their use. Instruction on their use is posted in Hut 1 near the equipment. 107. Before using any powered machinery, Members must: (a) (b) Read the operating and safety instructions on the use of the machine. Understand that they take responsibility for their own safety and that of other Members and third parties when using the machine. Page 13
108. All BAC Members must recognise that when they use any equipment owned by BAC they are acting in a position of trust and must ensure that the equipment is properly cared for and not misused or mistreated in any way. 109. Any Member who misuses BAC equipment such that there is a cost to BAC in repairing or bringing the equipment back into general use will be liable to reimburse the cost of repairs to the equipment. Misuse means deliberate action that causes damage rather than accidental damage. 110. Any Member who uses any petrol driven BAC equipment on their own plot must contribute 1 or 2 towards the cost of the petrol used, depending on how long the equipment is used. USE OF SYNTHETIC GARDEN CHEMICALS 111. As far as possible, control of weeds, insects, slugs and snails, plant diseases and rodents anywhere on the site should be based on organic principles. 112. Members must always consider the long-term impact of their use of particular methods of pest and disease control on the soil on their plot, their neighbours plots and other wildlife, particularly the effects on beneficial insects such as bees and beetles. 113. Guidance on organic gardening can be found in the handbook The Principles of Organic Gardening which is available on the BAC website. This is intended to provide advice to Members but compliance with the handbook is not compulsory, except in respect of the use of synthetic chemicals. 114. Any Member who is unsure as to whether or not a particular method of controlling weeds, insects, slugs and snails, plant diseases and rodents is acceptable at BAC should contact the Secretary for guidance. 115. No synthetic chemical herbicides, insecticides, molluscicides or fungicides are allowed anywhere on the site with the sole exceptions of (1) glyphosate which may be used as a last resort for killing weeds but only on hard surfaced areas or areas covered with bark chippings and (2) ferric phosphate slug pellets. 116. Slug pellets containing metaldehyde or methiocarb must not be used anywhere on the site as these can be extremely harmful to other wildlife. 117. Liquids, sprays and powders should only be applied on windless days and with the use of a spray-protection board which Members may borrow from Hut 1. 118. All purchased chemicals must be stored and used in accordance with the manufacturer s instructions RESTRICTIONS ON MEMBERS ACTIONS 119. No dogs may be brought onto the site, with the exception of assistance dogs. 120. No livestock may be kept anywhere on the site. Page 14
121. No soil, manure or compost may be removed from the site without obtaining permission from the Committee. 122. No smoking is permitted in the communal huts or in the toilet. 123. No barbed wire may be used anywhere on the site. 124. No hazardous chemicals may be brought into or used anywhere on the site. 125. No bonfires are permitted anywhere on the site. 126. No glass, other than safety glass, may be brought onto the site or used for any greenhouses, cold frames, cloches or any similar purpose. Any broken glass must be taken home for disposal. 127. No motorised vehicle may be driven or parked anywhere within the site except on the hardstanding area on the Mytton Oak Road side of the site, with the exception of mobility scooters and motorised wheelchairs, or in an emergency. In particular, vehicles are specifically prohibited from being taken on to any of the grass paths and Members, their friends or family or their contractors must not remove any of the bollards by Hut 2 for any reason unless authorised to do so by the Committee. 128. No carpets or carpet underlay may be brought onto the site or used on any plot. Plotholders must remove any such materials found on their plot within 14 days of being requested to do so by the Secretary. Artificial grass is currently considered to be acceptable for paths on plots but Members are encouraged to use turf, bark chippings or hard paving for paths wherever possible. CONDUCT OF MEMBERS AND GUESTS 129. Each Member is reminded that they have a duty of care towards other Members, and any Members of the public who may be on site. 130. No individual or group will be permitted to put the general membership at a disadvantage through their views or activities on the site. 131. Members must ensure that their family Members, guests and contractors fully comply with these Rules while on the site. In particular, Members must ensure that no contractors vehicles are driven on any grassed areas. 132. While BAC welcomes children, Members bringing children onto the site must understand that they are responsible for their safety and good behaviour at all times. In particular, Members must ensure that children do not damage any part of the site, cause annoyance to other Members or go on other Members plots without their prior approval. Page 15
133. Members must not cause any nuisance to other Members. If a Member is concerned about the activities or conduct of another Member, and is unable to resolve the situation directly with that Member, they should raise the problem with the Committee who will appoint a Committee Member to investigate the issues and to report back to the Committee on his or her findings. 134. If, after discussion at a meeting of the Committee, in the opinion of a simple majority of the Committee Members at the meeting, the conduct of any Member is considered to be injurious to the character and interests of the BAC, or the Member has failed to comply with these Rules to such an extent that, in the opinion of the Committee, the Member has committed gross misconduct, that Member will be expelled. COMPLIANCE WITH THE CONSTITUTION AND RULES 135. Any Member who does not comply with any of these Rules will be asked to explain the reasons for their non-compliance. If any Member fails to comply with one or more of these Rules on three separate occasions, each without reasonable explanation, they will be expelled. Lack of knowledge or understanding of the Rules will not be considered to be a reasonable explanation. APPEALS AGAINST EXPULSION 136. Notice of a decision to expel a Member will be sent to him or her by letter by the Secretary to the address kept in the Members list setting out the details of the reasons for expulsion and informing the Member of their right to appeal. 137. Any Member who is expelled for any reason may appeal to the Committee. A request for such an appeal must be made by email or letter to the Secretary within 10 days of the date of the letter informing the Member of the decision to expel them. On receipt of such an appeal, the Secretary will convene a special Committee meeting to consider the appeal. 138. The expelled Member will be invited to attend the meeting convened to hear the appeal and may be accompanied by a friend. He or she may choose to present his or her case for reinstatement in person, through a representative, or by sending a statement to be read out by the Secretary at the meeting. 139. Appeals to the Committee may only be made in respect of expulsion for: a) Failure to maintain a plot properly (Rule 84); b) Failure to maintain a plot over a long period (Rule 88); c) Conduct injurious to the interests of BAC or gross misconduct (Rule 134); d) Failure to comply with the rules on three separate occasions (Rule 135). 140. No appeal against expulsion may be made in respect of failure to pay rent and subscription monies on time (Rules 63, 66 and 67). Page 16
141. Any Member who appeals to the Committee and who is not reinstated may make a final appeal to a General Meeting of BAC Members. A request for such an appeal must be made by email or letter to the Secretary within 10 days of the date of the Committee appeal decision letter sent to the Member. The decision of the General Meeting will be final. 142. If an expelled Member does not appeal by email or letter to the Secretary within 10 days of being notified of the decision to expel them, the Committee will have the right to take immediate possession of the allotment plot from the tenant and to offer it to the next person on the waiting list. DISSOLUTION OF THE ASSOCIATION 143. The Association may be dissolved at any time by the consent of three quarters of the Members, testified by their signatures to an instrument of dissolution. This should set out clearly what is to happen to any assets and residual cash after payment of expenses. MINOR AND CONSEQUENTIAL CHANGES TO THE CONSTITUTION AND RULES 144. Ongoing authority is delegated to the Committee to make minor and consequential changes to the Constitution and Rules to reflect changes in the organisation of the site, to provide more accurate and up-to-date information to Members, to reflect any necessary renumbering of the Rules after decisions taken at an AGM or EGM, and to improve the wording of the rules, providing such changes do not alter their original meaning. COPIES OF THE CONSTITUTION AND RULES 145. A copy of the current Constitution and Rules and the current Financial Procedure Rules will be given or (preferably) emailed to every new Member on joining and is always available to download from the BAC website. Further hard copies may be provided at a cost not exceeding 1. March 2018 www.bowbrookallotments.wordpress.com Page 17