Welcome to Ware
Bowling Club
Ware Bowling Club – Constitution
Formally Approved at the 2023 WBC AGM (Held 16th November 2023)
Section 1: Name and Objectives
1.1 The name of the Club shall be Ware Bowling Club (hereinafter referred to within this constitution as the ‘Club’).
1.2 The Club shall be affiliated to Bowls England, Hertfordshire Bowls, East Herts Bowls League (EHBL), East Herts Bowling Association (EHBA), and the East Herts District Womens Bowling Association (EHDWBA).
1.3 The objectives of the Club are to provide facilities for, and to promote participation in, the amateur sport of outdoor flat green bowls in the Ware area.
1.4 The Club shall adopt and conform to Bowls England Rules and Regulations and the latest edition of the Crystal Laws of the Sport of Bowls.
Section 2: Officers of the Club
2.1 The officer posts of the Club shall consist of:- President, Secretary, Men's Captain, Men's Vice-Captain, Ladies' Captain, Ladies' Vice-Captain, Treasurer, Match Secretary, Internal Competition Organiser, Safeguarding Officer and Minute Secretary. All posts are to be elected at the Annual General Meeting and shall hold office for a period of one year, retiring at the end of the elected period. All officers of the Club shall be eligible for re‐election to the same office or another office at the end of their current period of election.
Section 3: Membership
3.1 Categories and votes of Membership
3.1.1 The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. There shall be the following categories of membership with power to vote at all AGMs and Special GMs of the Club as indicated below:
(a) A FULL MEMBER – being a person who, at the date of election, shall have attained the age of eighteen years shall have one vote.
(b) A JUNIOR MEMBER – being a person who, at the date of election, is under the age of eighteen shall have no vote. Such a member shall be one who at the commencement of the subscription year joins the Club other than as a full member or a family member.
(c) AN HONORARY/LIFE MEMBER – who shall have one vote.
(d) A SOCIAL MEMBER – who shall have no vote. However, a social member may serve as an officer on the club's committee, in which case they will have a vote consistent with a full member.
(e) Any member of the Club, whether "Full", "Junior", "Honorary/Life" or "Social" can also be a member of any other affiliated outdoor or indoor bowling club.
(f) All members of the Club must declare via the Club Secretary, their membership(s) of any other outdoor or indoor bowling club.
g) Officers serving on the Club's committee cannot be a member of any other affiliated outdoor bowling club due to conflict-of-interest concerns.
3.2 Rights and privileges of members
3.2.1 The rights and privileges of each category of membership shall be as follows: ‐
(a) A FULL MEMBER shall have the full use of all Club facilities. Affiliation fees shall be payable to Bowls England, Hertfordshire Bowls, East Herts Bowls League (EHBL), East Herts Bowling Association (EHBA), and the East Herts District Women’s Bowling Association (EHDWBA).
(b) A JUNIOR MEMBER shall have the full use of all Club facilities subject only to 8.4 of this Constitution. Affiliation Fees shall be payable to Bowls England, Hertfordshire Bowls, East Herts Bowls League (EHBL), East Herts Bowling Association (EHBA), and the East Herts District Women’s Bowling Association (EHDWBA).
(c) AN HONORARY/LIFE MEMBER shall have the full use of all the Club facilities.
Affiliation Fees shall be payable to Bowls England, Hertfordshire Bowls, East Herts Bowls League (EHBL), East Herts Bowling Association (EHBA), and the East Herts District Women’s Bowling Association (EHDWBA).
(d) A SOCIAL MEMBER shall have the full use of the clubhouse facilities.
3.2.2 Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or premises until they have become a member.
3.3 Membership Joining Fee & Subscription Fee
3.3.1 The rate of joining fee and subscription fee for each category of membership shall be proposed by the Committee to the members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative from 1st May each year.
(a) Membership of the Club shall be open to anyone interested in the sport of outdoor flat green bowls on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. Membership may however be limited according to available facilities on a non‐discriminatory basis.
(b) The Club Committee may refuse membership or, subject to point 3.6.2 of this constitution, remove it, only for good cause such as conduct likely to bring the Club or sport into disrepute. All procedures and appeal against refusal or removal will be carried out in accordance with Bowls England Regulation 9 on Misconduct.
3.3.2 All members shall pay the joining fee and their first annual subscription fee upon election to the Club and thereafter by 1st May each year.
3.4 Members’ duty to provide contact details
3.4.1 Every member shall furnish the Club Secretary with up to date contact details that shall be recorded in the Register of Members and any notice sent to such addresses either by post or electronically shall be deemed to have been duly delivered.
3.5 Election and retirement of members
3.5.1 Application for membership
An application for membership shall be in the form prescribed by the Committee and shall include the name, address and contact details of the candidate.
3.5.2 Election of Members
a) Upon receipt of an application for membership, there shall be an interval of at least two days before the meeting of the Sub-Committee (President, Men's Captain, and Ladies’ Captain) at which such application for membership shall be considered. The election of all classes of members is vested in the sub-committee and shall be a simple majority vote of those of the sub-committee. The sub-committee may refuse applications only for good cause such as conduct likely to bring the Club into disrepute. The Club Secretary shall inform each candidate in writing of the candidate's election or non-election. The Club Secretary shall furnish an elected candidate with a copy of the Rules of the Club and make request for such payments as are necessary.
3.5.3 Payment of Fees upon Election
Upon election, a candidate shall pay, within one calendar month, fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay is shown.
3.5.4 Retirement of a member
(a) A member wishing to resign their membership shall give notice to the Club Secretary before 31 March in that year and shall not then be liable to pay the subscription for the following year.
(b) A member who retires in accordance with this rule shall not be entitled to have any part of the annual membership fee or any other fees refunded.
3.5.5 Arrears of Subscription
(a) The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other annual fees are more than one month in arrears provided that the Committee may, at its absolute discretion, re-instate such member upon payment of arrears. No member whose annual payment is in arrears may use the Club facilities or vote at any meeting.
3.6 Conduct of Members
3.6.1 Undertaking by members to comply with rules
Every member, upon election and thereafter, is deemed to have notice of, and undertakes to comply with, the Club Rules & Code of Conduct and Regulations of the Club.
3.6.2 Disciplinary action against members
(a) All disciplinary matters will be dealt with in accordance with Bowls England Regulation 9 on Misconduct.
(b) Should any member be expelled, the former member shall not be entitled to have any part of the annual membership fee refunded and must return any property belonging to the Club.
3.6.3 Complaints
Complaints of any nature shall be addressed in writing to the Club Secretary.
3.7 Limitation of Club Liability
3.7.1 All references to the Club in this section shall mean each and every individual member of the Club from time to time.
3.7.2 Members are bound by the following Rule which shall also be exhibited in a prominent place within the Club premises:
Members of the Club may use the Club premises, and any other facilities of the Club, entirely at their own risk and impliedly accept:
(a) The Club will not accept any liability for any damage to or loss of property belonging to members.
(b) The Club will not accept any liability for personal injury arising out of the use of the Club premises, any other facilities of the Club either sustained by members or caused by the said members whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of them, the Officers, Committee, Trustees or Servants of the Club.
3.7.3 Membership of the Club and acceptance of these rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act.
Section 4: Management Committee
4.1 Composition of Committee
4.1.1 The Committee shall consist of the Officers (in 2.1), ex-President (option for 1 year) and up to 3 members (who have attained the age of eighteen years) elected at the Annual General Meeting to hold office for the term of their elected period. In the event of there being insufficient nominations a vacancy can be declared.
4.1.2 Candidates for election to the Committee shall be those members of the retiring committee eligible to offer themselves for re-election and such other members whose nominations (duly proposed and seconded in writing by full members of the Club) with their consent shall have been received by the Club Secretary at least seven days before the date of the Annual General Meeting in each year. Such nominations, together with the names of the Proposer and Seconder shall be posted to the Club premises at least seven days prior to the date of the Annual General Meeting.
4.1.3 If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot of those members present and entitled to vote at the Annual General Meeting.
4.1.4 If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if majority of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.
4.1.5 In the event of the ballot failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
4.1.6 If, for any reason, a casual vacancy shall occur, the Committee may co-opt another person to fill such a vacancy until the next following Annual General Meeting. Co-opted Members will be entitled to vote.
Continued......
4.2 Committee Meetings
4.2.1 The Committee shall endeavour to meet once a month making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish.
4.2.2 Voting shall be by show of hands. In the case of equality of votes the President shall be entitled to a second and casting vote.
4.2.3 Four members personally present shall form a quorum at a meeting of the Committee.
4.2.4 Any conflict of interest must be declared to the President (or other nominated person) prior to the start of the meeting. The Chairman (or other nominated person) will determine if the person may remain in the meeting and/or vote when the item is discussed.
4.3 Powers of the Committee
4.3.1 The Committee shall manage the affairs of the Club according to the rules and shall cause the funds of the Club to be applied solely to the objects of the Club.
4.3.2 In particular the Committee shall ensure that the property and funds of the Club will not be used for the direct or indirect private benefit of members other than as reasonably allowed by the rules. No surpluses or assets will be distributed to members or third parties and all surplus income or profits will be re-invested in the Club.
4.4 Appointment of Sub-Committees
4.4.1 The Committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law.
4.5 Disclosure of Interest to Third Parties
4.5.1 A member of the Committee, of a sub-committee or any member of the Club, in transacting business for the Club, shall disclose to third parties that they are so acting.
4.6 Limitation of Committee's Authority
4.6.1 The Committee, or any person or sub-committee delegated by the Committee to act, as agent for the Club or its members, shall enter into contracts only as far as expressly authorised, or authorised by implication, by the Committee. No one shall, without the express authority of the Committee, borrow money or incur debts on behalf of the Club or its Membership.
4.7 Members’ Indemnification of Committee
4.7.1 In pursuance of the authority vested in the Committee by members of the Club, members of the Committee are entitled to be indemnified by the members of the Club against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Club.
Indemnity Clause
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. 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 provided that any such member so indemnified has been properly authorised in relation to the duties undertaken on behalf of the Club by the General Committee.
4.7.2 The limit of any individual member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate of that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the Club.
4.8 Contractual Liability
The liability of the Committee for the performance of any contractual or other obligation undertaken by them on behalf of the Club shall be limited to the assets of the Club from time to time.
4.9 Honorary/ Life Membership
4.9.1 The Committee may nominate for election at an Annual General Meeting such Honorary/Life Members as the Committee may think fit.
4.9.2 The election of Honorary/Life Members shall be placed before the Annual General Meeting each year and such Honorary Members shall be duly elected if two thirds of those present, and entitled to vote, vote in favour of election.
Section 5: Limited Company
5.1 There shall be at least three Directors of the Ware Bowling Club Limited Company who shall be appointed from time to time as necessary by the Committee of the Club from among Full or Honorary Members who are willing to be so appointed.
5.2 A Director shall hold office until they resign by notice in writing given to the Committee or until a resolution removing them from office is passed at a meeting of the Committee by a majority comprising two thirds of the members present and entitled to vote.
5.3 All the property of the Club, including investments, (land owned by East Hertfordshire District Council) shall be held by the Limited Company for the time being, in their own names so far as it is necessary and practicable, on trust for the use and benefit of the Club. In the event of the death, resignation, or removal from office of a Director, the Committee shall nominate a new Director in their place, and shall as soon as possible thereafter take all lawful and practicable steps to procure the vesting of all Club property into the names of the Directors as constituted after such nomination. For the purpose of giving effect to any such nomination, the Club Secretary for the time being is hereby nominated as the person to appoint new Directors of the Club and they shall by Deed duly appoint the person or persons so nominated by the Committee.
5.4 The Directors shall in all respects act, in regard to any property of the Club held by them, in accordance with the directions of the Committee.
5.5 The Directors 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 Director of the Club.
Section 6: Annual General Meeting
6.1 An Annual General Meeting of the Club shall be held each year in the month of November on a date to be fixed by the Committee. The Club Secretary shall at least fourteen days before the date of such meeting circulate to each member notice hereof and of the business to be brought forward thereat. This may be either by post or electronically.
6.2 No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees and Honorary Auditors, and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the Club Secretary at least 28 days before the date of the Annual General Meeting.
6.3 The Committee may at any time, upon giving twenty-one days’ notice in writing, call a Special General Meeting of the Club for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.
6.4 The Committee shall call a Special General Meeting upon a written request addressed to the Club Secretary signed by at least twelve members. The Committee shall meet within seven days of the requisite number of requests in order to call a SGM. The Committee shall give twenty-one days’ notice in writing of any such Special General Meeting. The discussion at such meeting shall be confined to the business stated in the notice sent to members.
6.5 At every meeting of the Club, the President will preside, or in their absence, a chairperson elected by a majority of those present shall preside.
6.6 Twenty members entitled to vote at the relevant meeting and personally present shall form a quorum at any General Meeting of the Club.
6.7 Only Full Members, Honorary/Life members and any Social members serving on the committee shall vote at any General Meeting of the Club. Social members may attend and speak but are not entitled to vote.
6.8 Voting, except upon the election of members of the Committee, shall be by show of hands.
6.9 In the case of an equality of votes the President (or other nominated person) shall have a second or casting vote, on any matter.
6.10 On any resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule of the Club such Rule, shall not be created, repealed or amended except by a majority vote of at least two‐thirds of those present and entitled to vote.
[Provided that no such change shall 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].
Section 7: Dissolution of the Club
7.1 If, at any General Meeting of the Club, a resolution be passed calling for the dissolution of the Club, the Secretary shall immediately convene a Special General Meeting to be held not less than one month thereafter to discuss and vote on the resolution.
7.2 If, at that Special General Meeting, the resolution is carried by at least two thirds of the Members present, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the Club and discharge all debts and liabilities of the Club.
7.3 If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed amongst the members of the Club.
7.4 Upon dissolution of the Club the Committee shall give or transfer the net assets remaining to one or more of the following:
(a) To another club with similar sports purposes which is a charity and/or
(b) To another club with similar sports purposes which is a registered CASC and/or
(c) To Bowls England for use by them in related community sports.
Section 8: Adherance to Bowls England Policies
8.1 Discipline
Ware Bowling Club and its members will adopt and follow all policies and guidelines approved by Bowls England, UK Anti-doping Rules and all procedures set out in Bowls England Regulation 9, 9a and 9b. The Club will abide with all sanctions, recommendations and/or decisions from the Case Management Panel or National Disciplinary Panel.
8.2 Safeguarding
The club shall adhere to the Safeguarding Policy of Bowls England and will ensure that all the contents are communicated to members and clearly displayed within the club premises for members and visitors.
8.3 Equalities
The club shall adhere to the Equality Policy of Bowls England.
Section 9: Miscellaneous
9.1 Opening of Club Premises
The Club premises shall be open to members at such times as the Committee shall direct and those times will be posted on the club notice board.
9.2 Licensing
The club shall adhere to the requirements of the Licensing Act (or any subsequent Act) with regard to the purchase and supply of excisable goods.
9.3 Members of other Bowls England Affiliated Clubs
A member of any Club affiliated to Bowls England may be authorised to use the premises of the Club.
9.4 The Members acknowledge this document constitutes a legally binding contract to regulate the relationship of the members with each other and the Club.