Club Governance

CONSTITUTION

BASINGSTOKE & MID HANTS ATHLETIC CLUB

  1. The Club shall be known as Basingstoke and Mid Hants Athletic Club (hereinafter referred to as the Club).  The Club shall be affiliated to England Athletics Ltd., (hereinafter referred to as EA) and to any other associations that are also affiliated to EA that the Management Committee may deem necessary, in the interest of the Club. The Club will operate under UK Athletics rules.
  1. Objectives

The objectives of the Club shall be:

  • To encourage the practice, promotion, development and participation of amateur athletics in Basingstoke & Deane and in the wider community.
  • To make athletics accessible to all, over the age of 7 (school year 3).
  • To provide training and coaching for Club members in all disciplines.
  • To recruit and provide development opportunities for officials and coaches in support of the Club’s activities.
  • To organise teams to represent the Club in leagues and in such other competitions as the Committee shall decide.
  • To provide intra Club competitions for all members.
  • To ensure members are aware of appropriate competitive events in which they may want to participate.
  • The Club shall seek to be affiliated to national, regional and Hampshire County amateur athletic bodies as the Committee consider appropriate.
  1. Management
  1. The management of the Club shall be vested in a Committee that shall consist of:

Officers: President, Chair, Vice Chair, Club Treasurer and Club Secretary.

Office Holders: Membership Secretary, Minutes Secretary, NAL Secretaries, SAL Secretaries, Alder Valley League Secretary, Wessex League Secretary, Road Running Secretary, Cross Country Secretary, Master’s Athletics Secretary, Youth Development Officer and Coaching Coordinator.

  1. The Committee shall be responsible for the management of the affairs of the Club and may exercise all the powers of the Club.
  2. The President shall be elected annually to the Committee at the AGM.
  3. All the foregoing have voting rights on the Committee and shall be elected at the AGM and remain in office until the conclusion of the AGM of the following year.
  4. Post Holders: undertake various roles within the Club but are not Officers and not on the Committee. The list of Post Holders will be maintained on the Club website. Post Holders are elected at the AGM and will remain in office until the conclusion of the AGM of the following year.
  5. The Committee is empowered to deal with any matters not covered by the Constitution.
  6. The Committee shall hold not less than six meetings each year. A meeting of the Committee shall be called on not less than seven days notice to all Officers and Office Holders unless the Chair determines that urgent circumstances necessitate shorter notice.
  7. 5 elected Committee members are required for a quorum to allow a Committee meeting to take place, providing the Chair or Club Secretary is also present. Decisions of the Committee shall be made by a simple majority of those Officers attending the Committee meeting.
  8. Each Officer or Office Holder shall declare the nature and extent of any direct or indirect interest in a transaction or arrangement within the Club or a third party that conflicts, or may possibly conflict, with his or her duties to the Club.
  9. The non-conflicted Officers and Office Holders should consider and decide whether there is a material conflict. If they agree there is the conflict the Officer or Office Holder should withdraw from that part of the meeting and not vote.
  10. The Committee shall have the power to fill any Committee and Post Holder vacancies that may arise until the next AGM.
  11. The Committee shall have the power to co-opt other Club members to the Committee as required. The co-opted members do not have voting rights and are not necessarily required to attend all meetings.
  12. The Committee may establish any sub-committee to deal separately with specific matters requiring detailed attention. It is the duty of sub-committees to report back to the Committee. Sub-committees can make suggestions and proposals but cannot make binding decisions until agreed by the Committee at a Committee meeting.
  13. The Committee is responsible for drafting and implementing appropriate operational rules.
  14. The Committee will have due regard to Safeguarding of its members.
  15. Any member of the Club may attend a Committee meeting but they do not have voting rights.
  1. Membership
  1. Membership of the Club shall be open to persons who are amateurs as defined by UK athletics governing bodies, regardless of gender, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.
  2. Each membership application should be made by either an on-line electronic submission, using the web site application form (Seniors) or via an email request to membsecretary@bmhac.co.uk (Juniors or Seniors), a form will then be provided. The appropriate subscription fee will then be requested by the Membership Secretary and must be paid promptly.
  3. The minimum age for attending Club training sessions and/or joining the Club shall be 7 years, rising 8 i.e., school year 3.
  4. The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
  5. All new members are encouraged to read the information contained in the ‘Welcome Pack for Athlete and Family’, which is shared with all new members and available on the Club website. It contains valuable information explaining what is expected from you – and us – as a Club. http://bmhac.co.uk .
  6. Membership applications and renewals will be administered using the Club online membership database.
  7. By applying for Club membership, authorisation is given for the Club to hold your details on the database for use of the Club, as more fully set out in the Club Privacy Notice.
  8. During the competition year in which an athlete attains the 13 age group, the Club will use the information to effect National Registration for competition as an athlete (normally with England Athletics), subject to their current registration fee being received promptly by the Club.
  9. Life Vice President – a senior, fully subscribed member of the Club may nominate to the Committee an individual for this award. If they agree, a recommendation should be made at the next AGM. The nomination must be accepted by a majority vote of those present at the AGM. This award is given in recognition of an individual who has performed an outstanding service, or who has made an outstanding contribution to the Club. They are not included on the Committee as Officers, Office Holders or Post Holders. A certificate will be awarded to the recipient.
  10. Life membership – a first claim member of the Club may be awarded Life Membership, by the Committee, on recommendation from any senior, fully subscribed member for:
  11. Long and loyal service of 25 unbroken years to the Club. Service can commence from any of the junior age groups. The records held by the Membership Secretary will be used to determine the actual period of service for this purpose
  12. Selection and representation for Great Britain, or any one of the UK National teams, in any athletic discipline in a senior or veteran age group
  13. In the veterans age group, a member must be selected by the National Governing Body and go on to represent Great Britain, or any UK National team – self entry to veteran’s international events will not qualify.
  1. Honorary Junior Membership is awarded for any junior selected and representing Great Britain, or any one of the UK National teams, in any athletic discipline. The Honorary Junior Membership is valid while an athlete meets the definition of an UKA junior or for a minimum period of 3 years.
  2. The Committee may nominate a company to be awarded the title of Sponsor of the Club. This award is given to an organisation or company that has shown support for the Club by donation, services, or in kind. They should be nominated at an AGM and accepted by a majority vote of those present. They will be shown on the Club website, letterheads etc.
  3. An Individual who has supported the club and performed outstanding service but is not a member of the Club, can be nominated by the Committee to be designated as a Supporter of the Club. They should be nominated at an AGM and accepted by a majority vote of those present. A certificate will be awarded to the recipient.
  4. Any member wishing to resign from the Club must give notice in a minimum of 30 days, in writing/email, to the Membership Secretary to take effect on the last day of the membership year.
  5. Resignations will not be accepted if the member is financially indebted to the Club, e.g., has not paid their subscription for the current year or holds assets (equipment) of the club. Acceptance of the resignation will be withheld until the debt has been discharged.
  6. The Club Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Club or sport into disrepute. Appeal against refusal or removal may be made in accordance with any procedures to assist the resolution of disputes within the Club.
  7. The Committee shall have the power to suspend or exclude any member for contravention of this Constitution, documented rules or published codes of conduct that may exist at that time. In exercising these powers, the Committee shall adhere to the Club’s disciplinary procedures. Appeal against refusal or removal may be made in accordance with any procedures to assist the resolution of disputes within the Club.
  8. Membership is not transferable to anyone else.
  1. Rules of Conduct
  1. Members are expected to conduct themselves at all times in a way that does not bring the Club into disrepute.
  2. Members must comply with all rules and regulations laid down by the Club.
  3. Members who fail to do so will be subject to the Club’s Disciplinary Policy. This could involve expulsion of any member whose conduct is found to be injurious to the character and interest of the Club.
  4. All members shall be expected to carry out their training in a disciplined manner, either at Down Grange or at any sport hall, gymnasium or other venue hired by the Club for training.
  5. On Club training nights, for reasons of safety, all members must report to a coach or assistant coach and should remain under their supervision until:
    The session is complete
    Permission is sought to move to another supervised session
    The athlete requests to leave the session for personal reasons.
  1. On arrival at competitions, all junior athletes must report to their team manager but overall responsibility remains entirely with parent or guardian.
  2. All 1st claim members of the Club, that train for any discipline at facilities and/or using equipment paid for by the Club, will be expected to represent the Club twice a year. This could be in a league competition or at any event where an athlete can wear a Club vest or crop top. Coaches are expected to support this rule. However, the Club will waive this expectation if competing is considered to not be in the best interest of an athlete. Such situations should be discussed by coaches with the Coaching Co-ordinator. When applying for new membership, or renewing existing membership, an athlete is agreeing to abide by this rule.
  3. All members competing at athletics meeting when the rules of the competition require athletes to wear their Clubs’ registered colours, should wear an official competition vest or crop top. Leotards, skin suits approved by the Club may also be worn.
  1. Subscriptions
  1. Subscriptions to be due on 1st April each year with the membership year being 1st April to 31st March the following year.
  2. The annual subscriptions to the Club shall be agreed at the AGM and advised with the Annual Membership Renewal Notice.
  3. Members joining between April and September inclusive to pay a full years’ fee and EA registration.
  4. New members joining on or after 1st October, pay 50% of the annual fee, plus the annual EA registration fee, if applicable
  5. A family membership to the Club shall be available, which will be for up to 2 adults and all juniors from the same family.
  6. Non-competitive membership will be available to those who wish to support, officiate, or coach for the Club but not compete.
  7. Members failing to renew their annual fee within 2 months from the due date will forfeit the right to attend Club training sessions.
  8. No members shall be allowed to take part in any Club team contest until his or her subscription and arrears are paid.
  9. In line with UKA regulations all athletes in 13 age group upwards must be registered with their national association and comply with their terms and conditions, including payment.
  10. Senior athletes who are a 1st claim member of another athletic club, who would like to compete for BMHAC under UKA Higher Competition rules, must first be elected as a 2nd claim member of the Club and have paid the appropriate membership fee. They are also required to register their intention with UKA by the required date.
  11. Coaches and officials holding a UKA qualification (licence) and are active on behalf of the Club shall be exempt from paying the supporter’s fee.
  12. Members who do not live in the local area and therefore do not use any of the facilities provided by the Club, along with 2nd claim members and members who are 60 years old or over, shall pay a reduced annual subscription set by the Club Committee and approved at the AGM. Membership fees will be waived for those holding a UKA coaching licence and who coach on a weekly basis and/or licensed officials who have officiated at a minimum of 6 events in the previous 12 months but wish to compete for the Club. The annual EA registration fee is payable.
  13. Facilities user fee charged at a reduced annual subscription set by the Club Committee and approved at the AGM. Applicable to 1st claim members of other named clubs who elect not to join Basingstoke and Mid Hants AC as 2nd claim members but who occasionally use the expertise of the Club’s coaches, or visiting coaches and/or club equipment, and/or facilities hired by the Club. NB such athletes must be full members of a club in order to hold adequate insurance cover.
  14. The fee for Road Running members who do not use the track will be at least £10 less than the annual senior 1st claim subscription.
  15. Membership fees for the junior age groups to be at least £10 less than the Annual senior 1st claim subscription. Juniors are those aged under 20 from the 1st January in the year of birth date. They become senior after 1st January the following year.
  16. Eligibility disputes over reduced membership to be resolved by the Club’s Committee.
  1. Guests
  1. Members shall be entitled to bring one or more guests to any activity of the Club.
  2. The Member in question shall be responsible for the acts and omissions of his or her guests and shall be liable to the Club for any loss or damage of any kind whatsoever, suffered or incurred by the Club as a direct or indirect result of the acts or omissions of any of his or her guests.
  3. Guests shall be legally bound by these rules, as if they were a member, save that guests shall have none of the rights of membership.
  • Annual General Meeting

a.   The AGM shall be held in February as dictated by the practical circumstances applicable at that time.

b.   The General Secretary, or nominated person, shall post the preliminary notice of the AGM stating date, time and venue on the website 28 days before the AGM. This should include any Committee, Office Holder and Post Holder posts that are known to be currently vacant/will become vacant at the AGM.

c.   In the preliminary notice the General Secretary should advise members that if they wish to have an item included on the agenda and/or nominate someone for a vacant Committee, Office Holder or Post Holder post, they should give the General Secretary, or nominated person, 14 days notice, in writing, including the name of the person seconding the motion.

d.   The final notice shall be posted by the General Secretary 14 days before the AGM. This should include:

  1. Date
  2. Time
  3. Venue
  4. Agenda
  5. Reference to Chair, Treasurer and General Secretary reports being available on the website.

e.   The Chair and General Secretary should post their reports on the website 7 days before the AGM.

f.    The Club Treasurer should post their report and financial statements on the website 7 days before the AGM.

g.    Nominations for Committee posts will not be accepted from the floor at the AGM, except in the case where no written nominations have been previously received.

h    No ‘Any Other Business’ will be taken at the AGM, as all notices should have been submitted in time to be included on the agenda. Urgent matters may be discussed but not put to a vote by members present.

i.   No alteration or addition may be made to the Constitution, except at the AGM or an EGM called for that purpose. Notice of such alterations must appear on the agenda for such a meeting.

j.    All Club members can attend the AGM and EGM.

k.     The Chair, or in his or her absence any other Officer, shall preside as chair of the meeting. The Minutes Secretary, or in his or her absence any Officer or other Officer Holder, shall record the minutes.

l.   All registered members of the Club at the meeting who are aged 18 years or more shall have one vote. In the case of an equality of votes the Chair will have a second, casting, vote. Voting shall be by a show of hands except where the Chair decides voting shall be by ballot.

  1. Extra-Ordinary General Meeting

a.   An EGM may be called by the General Secretary, or nominated person, on receiving a written request signed by 6 members of the Club, stating the reason for the meeting.

b.   An EGM may be called by the Committee to discuss changes to the constitution, or any other Club business considered too urgent to wait for the AGM.

c.   Two weeks’ notice of an EGM must be given to all members, together with the motion/s to be discussed. No other business shall be conducted.

d.   Procedures for voting shall be as used for the AGM.

  1. Finance
  1. The financial year of the Club shall end on 31st December.
  2. The annual accounts will be subject to an Independent Examination by Examiners, appointed for that purpose, at the AGM.
  3. All funds belonging to the Club shall be deposited with a bank or building society in accounts that shall carry the Club title. All accounts shall operate on two signatories, one of whom will be the Treasurer and the other either Club Secretary or Membership Secretary.
  4. No sum shall be expended from the Club account, except by cheque signed by two of the designated signatories or by electronic transfer approved by at least one of the designated signatories, subject to a maximum amount fixed by the Committee. 
  5. The Club account shall be managed in accordance with any finance policy drawn up by the Committee and/or accordance with the reasonable instructions of the Committee (acting collectively) from time to time. Debit card payments can be made for the purpose of England Athletics registration only with arrangements for such payments to be agreed annually in advance at the March Committee meeting,
  6. Expenditure above agreed budget levels may only be authorised at a committee meeting.
  7. All surplus income or profits are re-invested in the Club. No surplus or assets will be distributed to members or 3rd parties.
  1. Personal Risk
  1. Members acknowledge and accept that participating in sport of any time can be dangerous and may result in injury and damage to property. Members shall take personal responsibility for their own actions and participate in the Club’s sporting activities at their own risk.
    1. Subject to point 15.c, the liability of the Club and its Officers and Office Holders to any Member is limited to the net assets of the Club.
    1. Nothing in these rules shall limit or exclude liability:
  2. For death or personal injury caused by negligence
  3. For any loss or damage caused by criminal or fraudulent conduct; or
  4. For any other liability which cannot lawfully be limited or excluded.
  1. Property and Funds

a.   The property and funds of the Club cannot be used for the direct or indirect private benefit of members, other than as reasonably allowed by the Constitution and all surplus income or profits are reinvested in the Club.

b.   The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, travel expenses and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002

c.   The Club may also in connection with the sports purposes of the Club:

  1. Sell and supply food, drink and related sports clothing and equipment
  2. Remunerate members for providing goods and services, on fair terms set by the Committee without the person concerned being present
  3. Pay for reasonable hospitality for visiting guests.
  4. Indemnify, out of the assets of the Club, the Committee and members acting properly in the course of the running of the Club against any liability incurred by him or her in the proper running of the Club (but only to the extent of its assets).
  1. Committee Powers
  1. To support or establish or aid in the establishment of any trusts, associations or institutions formed.
  2. To acquire, merge, collaborate, amalgamate or co-operate with charities or voluntary bodies operating for the benefit of the Club and to exchange information and advice with them.
  3. Alone, or with other organisations, seek to influence public opinion and to make representations to and to seek to influence governmental and other bodies and institutions regarding the reform, development and implementation of appropriate policies, legislation, regulations and rules.
  4. To establish or acquire subsidiary companies to assist or act as agents for the Club or to carry on trading activity.
  5. To borrow money and give security for loans but subject always to and in accordance with the Trustee Act 2000.
  6. To invest the monies of the Club not immediately required for its purposes in or upon such investments, securities or property as may be thought fit.
  7. To deposit or invest funds, to employ or engage a financial expert or experts and to arrange for the investments or other property of the Club to be held in the name of a nominee in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000.
  8. To deposit documents or other physical assets with any company or other body registered or having place of business in England and Wales as custodian and to pay any reasonable fee required.

14. Property

  1. The Committee shall ensure that title to Club Property (as detailed below):
  2. all land held by or in trust for the Club
  3. all investments held by or in trust for the Club
  4. any other assets of the Club (other than the cash held in the Club Account) is vested in:

(a) the names of the Officers for the time being

(b) a trust corporation

(c) at least two but not more than four persons appointed by the Committee as Holding Trustees.

  1. The Holding Trustees shall hold any Club Property in accordance with these rules and shall act under the lawful directions of the Committee.  Provided that the Holding Trustees so act, they shall not be liable for the acts or omissions of the Committee and shall be indemnified out of the assets of the Club against any expenses and other liabilities incurred by them in the proper discharge of their duties to the fullest extent permitted by law.
  2. The Holding Trustees shall appoint additional or replacement Holding Trustees by a conveyance or deed as directed by the Committee.  A Holding Trustee may, or at the direction of the Committee shall retire at any time, provided that there will be remain at least two Holding Trustees when the resignation is to take effect. On a Holding Trustee’s retirement, he or she shall promptly execute a conveyance or deed to the remaining or new Holding Trustees, as directed by the Committee.
  3. A Holding Trustee’s appointment shall cease upon death.  On the death of a Holding Trustee, any Club Property vested in him or her shall vest automatically in the surviving Holding Trustees.  If there is only one surviving Holding Trustee, he or she shall promptly appoint one or more new Holding Trustees as directed by the Committee.
  1. Winding Up

a.   The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened Extra-Ordinary General Meeting.

b.   The Committee will then be responsible for the orderly winding up of the Club’s affairs

c.   After settling all liabilities of the Club, the Committee shall dispose of the net assets remaining to one or more of the following:

  1. To another Club with similar sports purposes which is a registered charity and/or
  2. To another Club with similar sports purposes which is a registered CASC and/or
  3. To the Club’s national governing bodies for use by them for related community sports.
  4. No individual member shall benefit from the financial disposal except personal expenses incurred through Club business.
  1. Alterations to the Constitution

The Constitution may be altered only by a resolution passed by two-thirds of those present and voting at an AGM or an EGM called for that purpose.

  1. Priority

Interpretation of all the above rules must be consistent with the statutory requirements for Community Amateur Sports Clubs (CASC) as first provided for by the Finance Act 2002). We cannot elect to leave CASC but we can cease to be compliant or can be deregistered by HMRC.

  1. Responsibility for the Constitution

The Constitution is maintained by the General Secretary or nominated person.

  1. Revision History

This Constitution was formerly adopted at the AGM held on 28th February 2022 and replaces the Club’s previous Club Rules adopted in 2017.

Date Constitution agreed at AGM on 28th February 2022

Signed by     

Ann Henderson, Club Secretary.

Club Governance in WORD document