Founded 1887 Constitution and Rules (as amended November 2023)
I. NAME 1 The name of the Club shall be "Cults Bowling Club". II. OBJECT 2 The Club shall be a non-profit making organisation maintained primarily for the practice and enjoyment of lawn bowling, the rules of play being those of the World Bowls Board. All profits and surpluses will be used to maintain and improve the Club's facilities. No profit or surplus will be distributed other than to another non-profit making body or to qualifying members on the winding up or dissolution of the Club.
III MEMBERSHIP
3(a) The Club shall have appropriate waiting lists to be kept by the Honorary Secretary.
3(b) The Club shall consist of Honorary Members, Ordinary Members, Associate Members and Junior Members. The number in each category shall be limited to that fixed from time to time by the Management Committee. Honorary and Ordinary Members are entitled to stand for election as Office Bearers and to vote at General Meetings of the Club and are privy to all the facilities provided by the Club.
HONORARY MEMBERS
3(c) The Management Committee may recommend to a General Meeting, persons as Honorary Members. These are persons, who, in the opinion of the Management Committee, have rendered special services to the Club or for such other reasons as the Management Committee think proper. Honorary Members will pay neither Entry Fee nor Annual Subscription but shall have the same rights and privileges as Ordinary Members and be subject to the Constitution and Rules.
ORDINARY MEMBERS
3(d) Ordinary Members are: (i) Persons accepted for membership by the Management Committee.Any person may be accepted for membership. If the application is rejected, the Management must give good reason for this rejection. The applicant has the right of appeal. 3(e) Applicants refusing an offer of membership may choose to be placed at the end of any appropriate Waiting List and shall not be eligible for a further offer of membership until all prior applications on the Waiting List have been dealt with. ASSOCIATE MEMBERS
.3 (f)) Associate Members are: Persons accepted for membership by the Management Committee. An Associate Member shall have the following privileges:
Access to all Club facilities
Information of all Club happenings via the e-mail list and all other means of communication
The right to attend all social events:
The following restrictions will apply:
They may not bowl except on special occasions as determined by the Management Committee.
They shall have no voting rights or say in the management of the Club.
They do not fall within the category of “qualifying members” as defined in terms of paragraph 3(h) of the Constitution.
An appropriate annual fee will be determined at an AGM
3. (g)Junior Members are: Persons accepted for membership by the Management Committee/ A Junior Member is one who is under 18 years of age. A Junior Member has all the privileges of an Ordinary Member with the following exceptions.
They shall have no voting rights or say in the management of the Club.
They do not fall within the category of “qualifying members” as defined in terms of paragraph 3(h) of the Constitution.
An appropriate annual fee will be determined at an AGM.
3(h) A member of Cults Bowling Club may also be a member of another outdoor Bowling Club affiliated to the Bon Accord Bowling Association or the Aberdeen and District Ladies Bowling Association. However, they may not enter competitions in both Clubs which lead to entry into competitions outwith these Clubs (for example, the Club Championship leading to the competition BBA Champion of Champions or Mixed Pairs leading to the Bowls Scotland competition for Mixed Pairs).
CONDITIONS OF MEMBERSHIP
3(i) Persons elected to Membership shall be notified by the Honorary Secretary, whereupon their Entry Fees and Annual Subscriptions shall at once become due. The Honorary Secretary shall also intimate that, until same have been paid to the Honorary Treasurer, they are not admitted as Members. On payment being made a copy of the Constitution and Rules will be given and every member on payment of the first subscription will be held to have signified his/her submission to the Constitution and Rules.
QUALIFYING MEMBERS/DISSOLUTION OR WINDING UP OF THE CLUB
3(h) In the event of the dissolution or winding up of the Club, a qualifying member is one who, in the year of dissolution or winding up, has paid an annual subscription or is an Honorary President or an Honorary Member, both of whom are exempt from paying an annual subscription, but both of whom must otherwise fulfil the conditions of qualification as hereinafter defined. A qualifying member is a member as at the date this constitutional change is adopted. New members thereafter must complete five years continuous membership in order to qualify. Any qualifying member who dies in the year of winding up or dissolution of the club is eligible. Each qualifying member will be allocated shares on the basis of one share for each year of membership to the date of dissolution or winding up. Years of membership of the Ladies Section will be treated as years of membership for all purposes of this clause. Professional advice shall be taken as to the value and method of disposal of the Club’s assets. These shall then be realised and all liabilities (including the expenses of dissolution or winding up) settled. The remaining funds shall be distributed to qualifying members pro rata to their shares. The entitlement of any deceased member shall be paid over to his or her executor/rix or according to the laws of intestacy in Scotland. The date of dissolution or winding up for the purposes of this clause will be the date the resolution to do so was passed in General Meeting of the Club.
TEMPORARY MEMBERSHIP
3 (j) The Management Committee may admit to the privileges of the Club, members of recognised Clubs for the purpose of playing in competitions or matches. Said members shall be considered members for the day only and shall not be liable for the payment of any subscription.
CONDUCT OF MEMBERS
3(k) If the conduct of a member, either in or out of the Club premises, shall, in the opinion of the Management Committee, be injurious to the character or interests of the Club, it shall be in the power of the Management Committee to issue a verbal or written warning or to suspend membership privileges for a stated period or to call upon him/her to resign, and failing compliance with a written request to that effect within fourteen days after dispatch to the member, the Management Committee shall have the power to expel the member, providing always that not less than eight members of the Management Committee shall so decide, subject to that member having the right to be heard and/or represented by a fellow member at a meeting of the Management Committee.
RESIGNATION/CESSATION OF MEMBERSHIP
3(l) Members wishing to resign from the Club shall inform the Honorary Secretary and, at the same time, return all trophies, keys and any other property of the Club. If the subscription of any member remains unpaid in due time, the Management Committee shall be entitled, at their discretion, to declare that the defaulter has ceased to be a member of the Club and such defaulter shall thereafter cease to be a member of the Club. When any person shall have ceased to be a member of the Club, neither the member nor the member’s representatives shall have any claim upon, or be entitled to participate in, any of the effects or property of the Club.
IV GENERAL MEETINGS
ANNUAL GENERAL MEETINGS 4(a) (i) The Annual General Meeting of the Club shall be held not later than the third week of February on a date to be fixed by the Management Committee. Not less than seven clear days notice of this meeting shall be given by circular to members. (ii) The proceedings shall consist of:- (1) Receiving a report on the general concerns of the Club. (2) Receiving an Abstract of the Accounts for the past year, duly audited and certified by an auditor or auditors appointed by the Club. (3) Fixing entry fees and subscriptions (4) The election of Office-bearers and Management Committee of the Club. (5) The appointment of Auditors (6) Consideration of all other business competent to a meeting of the general body of members.
SPECIAL GENERAL MEETINGS
4(b) A Special General Meeting may be called by the Honorary Secretary at any time on the instruction of the President or at the direction of the Management Committee or on receipt of a written request signed by not less than ten Ordinary Members. Any such requisition shall state the nature of the business to be brought forward. At least seven clear days notice shall be given of such meetingby circular notice to members.
NOTICES OF MOTION
4(c) Notices of Motion to be proposed at any General Meeting of the Club other than motions to be submitted on behalf of the Management Committee shall be sent to the Honorary Secretary in writing at least 21 days before the holding of such meeting. All Notices of Motion shall be detailed in the Notice calling the meeting.
QUORUM
4(d) The Quorum at all General Meetings shall be not less than ten per centof the Honorary and Ordinary Members at the commencement of the season.
V OFFICE-BEARERS AND MANAGEMENT COMMITTEE
OFFICE BEARERS
5(a) The Office-bearers of the Club shall be:- [i) Honorary President(s) (ii) President [who mayalso hold post (iii) below] (iii) Ladies Convener [who may also hold post (iv) below] (iv) Vice-President (v) Honorary Secretary (vi) Honorary Treasurer (vii) Gents Match Secretary (viii) Ladies Match Secretary (ix) Green Curator (x) Property Supervisor
The Number of Honorary Presidents may be fixed from time to time at an Annual General Meeting.
PRESIDENT'S DUTIES/VOTING PROCEDURES
5(b) The President shall preside at all General Meetings of the Club and of the Management Committee, and in their absence the Vice-President, failing whom, any member appointed by the meeting shall take the Chair. A simple majority of votes cast by Honorary and Ordinary Members present at any General Meeting shall be necessary to approve any resolution or motion, with the exception of any resolution or motion to dissolve or wind up the Club which will require a two thirds majority of such votes. In all cases of equality in voting the chairperson shall have a casting vote as well as a deliberative one.
CONVENERS' DUTIES
5(d) The Ladies’Convener will preside on occasions e.g. matches when only ladies are playing.
HONORARY SECRETARY'S DUTIES
5(e) The Honorary Secretary shall issue all notices of General, Special and Management Committee meetings, and keep a complete record of same; prepare a report for the year to be approved by the Management Committee, for submission to the Annual General Meeting; and shall carry out all the secretarial work incidental to the Club.
HONORARY TREASURER'S DUTIES
5(f) The Honorary Treasurer shall keep a proper set of books showing the financial affairs and intromissions of the Club, collect all fees or subscriptions due by members, and pay all accounts passed by the Management Committee or their assignees. A Banking Account shall be kept, and all cheques shall be signed by two of the following officials: the President, the Honorary Treasurer, the Honorary Secretary, the Vice-President and any one assistant to the Treasurer as appointed in terms of 6[g]. The Honorary Treasurer shall also prepare an Abstract of Accounts for the past year duly audited and certified by the Auditors appointed by the Club, for the Management Committee's consideration prior to submission to the Annual General Meeting.
OTHER DUTIES
5(g) The duties of Match Secretaries, Green Curator and Property Supervisor shall be as laid down from time to time by the Management Committee. MANAGEMENT COMMITTEE
6(a) The Management Committee of the Club shall consist of:- (i) The office-bearers with the exception of the Honorary Presidents; (ii) The immediate Past President; and (iii) Five additional members elected at the Annual General Meeting. These members are not eligible for re-election for one year after having served for three consecutive years.
6(b) The Management of the affairs of the Club shall be vested in the Management Committee, except in regard to matters hereby reserved for transaction by the Club in General Meeting, and subject always to special direction therefrom. They shall, exclusively, have the general management of the green and power to fix the times for opening and closing of same. In the event of a vacancy existing or arising in any of the offices detailed in para 5(a), in the office of Auditor or in the membership of the Management Committee, the latter shall, as soon as possible, elect a person to fill the vacancy. The Management Committee shall have the power to invest the surplus funds of the Club in any investments authorised by the Trustee Investments Act 1961, and Acts amending the same, and to take professional advice in regard thereto.
6(c) The title to heritable property belonging to the Club shall be taken in the names of the President, the Vice-President, the Honorary Secretary and the Honorary Treasurer of the Club for the time being, and their successors in office, as Trustees for the present and future members of the Club; and the Trustees shall have power of sale, such power to be exercised always on the direction of the Members in General Meeting. The Trustees shall likewise have power, upon direction of the Members in General Meeting, to borrow money on the security of the heritable property under their charge and to grant all necessary security writs for such loans, but not so far as to infer any personal liability on the members of the Club. The Management Committee, however, shall have recourse on all its members for relief from any obligations for which they as managers, have made themselves liable for behoof of the Club.
6(d)The Management Committee shall have power to begin or defend any proceedings taken by or against the Club. As soon as possible after proceedings are commenced the Management Committee shall call a meeting of the Club to consider the matter, at which meeting the President or Vice-President shall be present and such meeting with those present and consenting and also dissenting shall be expressly minuted. In any litigation in which it is considered that serious expenditure may be incurred, the Management Committee shall, when the pleadings are settled, call a meeting of the Club with the attendance of the Solicitor to the Club, to explain and consider the situation with a view to whether the litigation should be continued.
6(e) The Management Committee shall have power to make Rules, not inconsistent with the Constitution of the Club, for the regulation of the use of the green and other Club property and to alter such Rules from time to time.
6(f) The Management Committee shall have power to appoint Sub-Committees or Delegates for such special duties or purposes as may be thought proper.
6(g)The Management Committee have power to appoint members as assistants to the Office Bearers specified in paragraphs 5(a)(vii) to (xii) inclusive.
6(h) The Management Committee shall meet on at least four occasions during each year on dates fixed by the Committee, or by the President. The President or any three Management Committee members shall have the power to instruct the Honorary Secretary to call a special meeting at any time. In either case due notice must be given to each member of the Committee.
6(i) At any meeting of the Management Committee the quorum shall be eight.
VI AUDITORS
7 Two individuals, either or both of whom may be members of the club but not of Management Committee, shall be elected at the Annual General Meeting to audit the Accounts for the year.
VII SUPPLY OF EXCISABLE LIQUORS
8(a) The arrangements for the supply of excisable liquors, under the Licensing Acts, shall, exclusively, be the concern of the Management Committee for the time being, which body alone shall have the power, as occasion may arise, to appoint a Bar Convener or any other Manager. 8(b) The Bar Convener or Manager shall be responsible to the Management Committee for all excisable liquors, etc., the property of or in the custody of the Club, and they alone, subject to directions from or by the Management Committee, shall have power to order supplies. 8(c) No member of the Management Committee and no Manager or servant employed by the Club shall have any personal interest in the sale of excisable liquors therein, or in the profits arising from such sale. 8(d) No excisable liquors shall be sold or supplied for consumption outside the Club premises, except to a member on the premises and for his/her own consumption. 8(e) No excisable liquors shall be supplied in the Club Premises to any person under 18 years of age. 8(f) No person under the age of 16 may approach the bar for service. 8(g) Except as provided for under paras. 8(a) and 8(b), no member or other person shall be allowed to bring, or cause to be brought, any excisable liquors to the premises of the Club, or to have the same in his/her possession therein for consumption on the premises. 8(h) No visitor/guest shall be supplied with excisable liquors in the Club premises unless on the invitation and in the company of a member. 8(j) The supply of excisable liquors shall be at the discretion of the Management Committee, and any Bar Convener or Manager appointed by them, or any member of the Management Committee acting in conjunction with or on behalf of the said Bar Convener or Manager, shall have power to forbid the supply of excisable liquors to any member or other person. 8(k) The hours during which the Club may be open for the supply of excisable liquors shall be the normal licensing hours, or any permitted extension thereof, in terms of the Licensing (Scotland) Act, 2005 which came into force in 2009 and which subsequently has been changed by the Criminal Justice and LicensingAct 2010 or such other statutory enactment in that behalf as may be in force from time to time. The Management Committee will determine which of these hours the Club will be open for the supply of excisable liquors.
VIII MISCELLANEOUS
USE OF GREEN
9. The following shall not have the right of entering or using the Club or green:- (a) any person who has been a former member and who has left the Club in arrears with payment of their subscription (b) any person who is under suspension or expulsion from the Club CHANGES TO THE CONSTITUTION
10. No alteration in the Constitution of the Club shall be made except at the Annual General Meeting, or at a General Meeting specially convened for that purpose with intimation of the proposed change being given in the notice calling the meeting. Nothing in the Constitution shall be altered so as to infringe the requirements of the Licensing Acts or other current legislation.
ADMISSION OF GUESTS
11(a) During the Playing Season, Honorary and Ordinary members may invite two guests to play on the green on four occasions during the season. Each guest will be restricted to four visits per season. Such visits will be in addition to any special events which the Management Committee may organise. In the event of a surplus of players the Management Committee may award preference to members. 11(b) During the Close Season any member may invite guests to the Clubhouse, at the discretion of the Management Committee. 11(c) The names and addresses of all guests must be entered in the Visitors Book.
Conduct of Officials
12 Objection to the conduct of any Official shall, in no instance, be made a matter of personal reprimand, but shall be reported to the Honorary Secretary in writing. Any complaints or suggestions relative to the affairs of the Club must be made in writing to the Honorary Secretary. Members must not interfere with the work of any Official, or other person employed by the Club. 13 Persistent failure to observe these Rules or other provisions of the Constitution may be dealt with by the Management Committee under para 3(k).
Constitution as amended at Annual General Meeting, 26th November 2023 Alastair Chambers, Club Secretary
RULES MADE BY THE MANAGEMENT COMMITTEE UNDER PARA 6(e) OF THE CONSTITUTION OF THE CLUB
These rules do not form part of the Constitution. The Committee may add or delete rules as required.
1 Children under the age of 14 are not allowed on the green or banking except under the supervision of an adult. No dogs (other than guide dogs) shall be admitted beyond the gate to the green. 2 Players, umpires and markers shall wear regulation bowling footwear while on the green. To avoid contamination of the green such footwear must only be worn for bowling purposes. 3 When delivering their bowls, players shall do so in such a way as will obviate the risk of marking or damaging the turf in any way, and must not drop a bowl or bowls on the green. 4 Members or others not playing must not stand on or walk about the green so as to distract players. 5 The Club shall not be responsible for the loss of private property. 6 Every Ordinary Member should, as soon as possible, provide themselves with one set of bowls. Any member intending to give up a locker shall remove their bowls and other property therefrom, and return the key to the Honorary Secretary before the Annual General Meeting. No locker shall be transferred from or exchanged with another member, the Management Committee having the sole powers to allocate lockers. 7 Members wishing rinks reserved for any specific hour for competitions or other games, must give notice by entry in the Club diary; but should play not be commenced at the hour fixed (15 minutes grace being allowed) their claim to the rink will be cancelled, when a fresh application will have to be made. The Management Committee shall decide as to the number of rinks to be set apart at any one time for competitions or special games. 8 Members must abide by any rota or system laid down by the Management Committee for rotation of rinks. 9 Members should enter and leave the green by the steps. 10 There shall be no smoking on the green.