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general:constitution [2011/08/19 03:29] – created damiangeneral:constitution [2020/01/13 16:43] (current) – external edit 127.0.0.1
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 ====== Constitution ====== ====== Constitution ======
 \\ \\
-BCA's [[http://www.british-caving.org.uk/?page=79|Constitution]] was last amended in Summer 2010 after a postal vote of the membership, following amendments agreed by the 2010 Annual General Meeting.+BCA's [[http://www.british-caving.org.uk/?page=79|Constitution]] was amended in Summer 2010 and again in Summer 2017 after a vote of the membership, following amendments agreed by the 2017 Annual General Meeting.
  
-For historical interest copies of the Ballot papers are available: [[http://british-caving.org.uk/wiki2/Documents/Ballot_Group.docx|Group Ballot]] (Word), [[http://british-caving.org.uk/wiki2/Documents/Ballot_Group.pdf|Group Ballot]] (Pdf), [[http://british-caving.org.uk/wiki2/Documents/Ballot_Individual.docx|Individual Ballot]] (Word), [[http://british-caving.org.uk/wiki2/Documents/Ballot_Individual.pdf|Individual Ballot]] (Pdf). The results of this ballot are published in the [[http://british-caving.org.uk/admin/Council%20Minutes%20101002.pdf|Secretary's Report to the October 2010 Council Meeting]].+For historical interest copies of the 2010 Ballot papers are available: [[http://british-caving.org.uk/wiki2/Documents/Ballot_Group.docx|Group Ballot]] (Word), [[http://british-caving.org.uk/wiki2/Documents/Ballot_Group.pdf|Group Ballot]] (Pdf), [[http://british-caving.org.uk/wiki2/Documents/Ballot_Individual.docx|Individual Ballot]] (Word), [[http://british-caving.org.uk/wiki2/Documents/Ballot_Individual.pdf|Individual Ballot]] (Pdf). The results of this ballot are published in the [[http://british-caving.org.uk/admin/Council%20Minutes%20101002.pdf|Secretary's Report to the October 2010 Council Meeting]].
  
 [[officer_information:secretary#Procedure_for_Ballots_on_Constitutional_Amendments|Notes on conducting a Postal Ballot]] [[officer_information:secretary#Procedure_for_Ballots_on_Constitutional_Amendments|Notes on conducting a Postal Ballot]]
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 ---- ----
  
-**THE CONSTITUTION OF THE BRITISH CAVING ASSOCIATION** //(as agreed at the NCA Special General Meeting, 1st November 2003 and subsequently amended at the 2010 AGM)//+**THE CONSTITUTION OF THE BRITISH CAVING ASSOCIATION** //(as agreed at the NCA Special General Meeting, 1st November 2003 and subsequently amended at the 2010 & 2017 Annual General Meetings)//
  
 **1. NAME:** \\ **1. NAME:** \\
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 3.4. To provide information on behalf of cavers in general, and promote an exchange of ideas and information between Members. \\ 3.4. To provide information on behalf of cavers in general, and promote an exchange of ideas and information between Members. \\
 3.5. To make and maintain contact with other national and international bodies. To negotiate for funds to support caving activities. \\ 3.5. To make and maintain contact with other national and international bodies. To negotiate for funds to support caving activities. \\
-3.6. To promote and organise conferences, fairs, seminars and meetings to further the aims of the Association.+3.6. To promote and organise conferences, fairs, seminars and meetings to further the aims of the Association. \\
    
 **4. GUIDING PRINCIPLES:** \\ **4. GUIDING PRINCIPLES:** \\
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 4.4. That interest in specific facets of caving is concentrated in a number of national bodies. \\ 4.4. That interest in specific facets of caving is concentrated in a number of national bodies. \\
 4.5. That the nature of exploration and conservation of caves, and thus access to them, is based in science and technology, inextricably linked to the sporting aspects of the pursuit. \\ 4.5. That the nature of exploration and conservation of caves, and thus access to them, is based in science and technology, inextricably linked to the sporting aspects of the pursuit. \\
-4.6. That the owners and tenants of property containing caves have the right to grant or withhold access. Where caving bodies have control of access delegated to them by the owners, such access should be obtained and granted as freely as possible for all responsible cavers, within the terms of those agreements. When obliged to make new agreements, the appropriate body should endeavour to ensure that this freedom is maintained or improved. \\+4.6. Where caving bodies have control of access delegated to them by the owners, such access should be obtained and granted as freely as possible for all responsible cavers, within the terms of those agreements. When obliged to make new agreements, the appropriate body should endeavour to ensure that this freedom is maintained or improved. \\
 4.7. That the Association will make its services available to all sections of the sporting community. There will be no discrimination on grounds of race, gender, sexual orientation, creed, colour, occupation, religion or political opinion. \\ 4.7. That the Association will make its services available to all sections of the sporting community. There will be no discrimination on grounds of race, gender, sexual orientation, creed, colour, occupation, religion or political opinion. \\
 4.8. That caving is an activity best pursued in a club environment and that the Association recommends individuals be members of a club. 4.8. That caving is an activity best pursued in a club environment and that the Association recommends individuals be members of a club.
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 6.1. The Association shall have the following officers: a Council Chairman, Secretary, Treasurer together with Chairmen of the Standing Committees (Section 7), who shall be elected from the membership of the Association at an Annual General Meeting, by a show of hands of those present who are eligible to vote. Each officer shall serve for a term of three years from the AGM. One third of Officers' posts in turn shall be eligible for election or re-election each year and those elected shall serve for a term of three years from the AGM. \\ 6.1. The Association shall have the following officers: a Council Chairman, Secretary, Treasurer together with Chairmen of the Standing Committees (Section 7), who shall be elected from the membership of the Association at an Annual General Meeting, by a show of hands of those present who are eligible to vote. Each officer shall serve for a term of three years from the AGM. One third of Officers' posts in turn shall be eligible for election or re-election each year and those elected shall serve for a term of three years from the AGM. \\
 6.2. The Association shall have a National Council comprised of the Officers of the Association, up to four representatives from the class of Group Members, up to four representatives from the class of Individual Members and one representative from each Regional Caving Council and National Body.\\ 6.2. The Association shall have a National Council comprised of the Officers of the Association, up to four representatives from the class of Group Members, up to four representatives from the class of Individual Members and one representative from each Regional Caving Council and National Body.\\
-6.3. Representatives from the classes of Individual and Group Membership shall be elected at an Annual General Meeting, by a show of hands of those present who are eligible to vote. Each representative shall serve for a term of two years from the AGM. \\+6.3. Representatives from the classes of Individual and Group Membership shall be elected at an Annual General Meeting, by a show of hands of those present who are eligible to vote. Here the two-house voting system outlined in sub section 8.9 will not apply. Each representative shall serve for a term of two years from the AGM. \\
 6.4. Representatives from Regional Caving Councils and National Bodies shall be appointed by that Council or that Body. \\ 6.4. Representatives from Regional Caving Councils and National Bodies shall be appointed by that Council or that Body. \\
 6.5. The National Council may co-opt persons to fill any vacancies in any posts of officers of the Association, or members of National Council for the remaining period of the post's vacancy. \\ 6.5. The National Council may co-opt persons to fill any vacancies in any posts of officers of the Association, or members of National Council for the remaining period of the post's vacancy. \\
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 6.13. Minutes shall be kept of all National Council meetings of the Association and these shall be made available to members on request. \\ 6.13. Minutes shall be kept of all National Council meetings of the Association and these shall be made available to members on request. \\
 6.14. The Executive of the Association shall consist of the Council Chairman, Secretary, Treasurer and other Members as may be deemed necessary by the National Council to carry out the administrative business of the Association. The Executive Committee shall operate under the direction of and shall report to the National Council. It shall regulate its own business within the constraints of the Association's "Manual of Operations". \\ 6.14. The Executive of the Association shall consist of the Council Chairman, Secretary, Treasurer and other Members as may be deemed necessary by the National Council to carry out the administrative business of the Association. The Executive Committee shall operate under the direction of and shall report to the National Council. It shall regulate its own business within the constraints of the Association's "Manual of Operations". \\
-6.15. The Association may have an Honorary President. Candidates for the post of President shall be proposed by National Council and elected at an Annual General Meeting by a show of hands of those present who are eligible to vote. The President need not be a member of the Association, but on election, will become an honorary member of the Association for the period of tenure of the post. The post of President shall run for a period of one year from the Annual General Meeting. The President shall be an ex-officio a member of National Council, all Standing Committees and any Working Group set up by Council, but will have no vote at any meeting. The President may resign at any time by writing to the Secretary of the Association.+6.15. The Association may have an Honorary President. Candidates for the post of President shall be proposed by National Council and elected at an Annual General Meeting by a show of hands of those present who are eligible to vote. Here the two-house voting system outlined in sub section 8.9 will not apply. The President need not be a member of the Association, but on election, will become an honorary member of the Association for the period of tenure of the post. The post of President shall run for a period of one year from the Annual General Meeting. The President shall be an ex-officio a member of National Council, all Standing Committees and any Working Group set up by Council, but will have no vote at any meeting. The President may resign at any time by writing to the Secretary of the Association.
  
 **7. STANDING COMMITTEES:** \\ **7. STANDING COMMITTEES:** \\
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 8.3. The time, date and place of a General Meeting shall be published at least 18 weeks in advance of the meeting. \\ 8.3. The time, date and place of a General Meeting shall be published at least 18 weeks in advance of the meeting. \\
 8.4. Notice of any matters to be raised at a General Meeting of the Association, including all proposals for constitutional change, must reach the Secretary by midnight on the day of the National Council meeting preceding the AGM. \\ 8.4. Notice of any matters to be raised at a General Meeting of the Association, including all proposals for constitutional change, must reach the Secretary by midnight on the day of the National Council meeting preceding the AGM. \\
-8.5. The Secretary shall ensure than an agenda is prepared and circulated to all Members, not less than 6 weeks before any General Meeting of the Association, to give notice of the time, date and place of the Meeting and the subjects to be discussed. \\+8.5. The Secretary shall ensure that an agenda is prepared and circulated to all Members, not less than 6 weeks before any General Meeting of the Association, to give notice of the time, date and place of the Meeting and the subjects to be discussed. \\
 8.6. The quorum for any General Meeting shall be 10 members, of which at least 5 persons eligible to vote in each House shall be present. No one person may represent more than one group member. \\ 8.6. The quorum for any General Meeting shall be 10 members, of which at least 5 persons eligible to vote in each House shall be present. No one person may represent more than one group member. \\
 8.7. Any General Meeting is open to all, though the Chairman shall have the right to exclude any person if the meeting so decides by a vote as laid down in sub section 8.9.\\ 8.7. Any General Meeting is open to all, though the Chairman shall have the right to exclude any person if the meeting so decides by a vote as laid down in sub section 8.9.\\
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 8.15. An Emergency General Meeting may be called by any two members of the Executive. One member of the Executive shall ensure than an agenda is prepared and circulated to all Members, not less than 2 weeks before the meeting. Only the subject giving rise to the emergency may be discussed. 8.15. An Emergency General Meeting may be called by any two members of the Executive. One member of the Executive shall ensure than an agenda is prepared and circulated to all Members, not less than 2 weeks before the meeting. Only the subject giving rise to the emergency may be discussed.
  
-**9. PROCEDURE FOR POSTAL BALLOTS: **\\ +**9. PROCEDURE FOR BALLOTS: **\\ 
-9.1. A constitutional amendment adopted by a General Meeting will require ratification by a postal ballot. \\ +9.1. A constitutional amendment adopted by a General Meeting will require ratification by a ballot. \\ 
-9.2. The General Meeting may refer any other successful motion that it deems appropriate, for ratification by a postal ballot. The General Meeting shall instruct the Executive to arrange such a ballot and shall specify any wording for the ratification of the motion and associated material, as the General Meeting considers necessary. The Executive may add additional associated material as it thinks fit. The postal ballot shall be held as soon as is reasonably practicable after the General Meeting. The postal ballot shall be issued to all members entitled to vote. Thirty days shall be given from the dispatch of the papers to the closing date for receipt of returns. The counting of the votes shall be conducted as for a General Meeting.+9.2. The General Meeting may refer any other successful motion that it deems appropriate, for ratification by a  ballot. The General Meeting shall instruct the Executive to arrange such a ballot and shall specify any wording for the ratification of the motion and associated material, as the General Meeting considers necessary. The Executive may add additional associated material as it thinks fit. The ballot shall be held as soon as is reasonably practicable after the General Meeting. The ballot will normally be conducted as an online ballot and if so shall be issued to all members entitled to vote with whom BCA may legitimately communicate by e-mail or any other appropriate meansNational Council shall ensure sufficient time is given from the dispatch of the information before the closing date, normally one month or more, for receipt of returns. The counting of the votes shall be conducted as for a General Meeting.    
  
 **10. FINANCE: **\\ **10. FINANCE: **\\
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 13.3. For the purposes of Sections 8 and 9 of this Constitution:  13.3. For the purposes of Sections 8 and 9 of this Constitution: 
 “publish” means placed in a publication produced by BCA, or placed on BCA's web site, or both.  “publish” means placed in a publication produced by BCA, or placed on BCA's web site, or both. 
-“circulated” means circulated by post, or by email if the member has elected to receive communications from BCA in that manner, or by publishing the information, or by any combination of these methods.  +“circulated” means circulated by post, or by email if the member has elected to receive communications from BCA in that manner, or by publishing the information, or by any combination of these methods. \\
-“postal ballot” can mean an online ballot for those members who have elected to receive communications by email.\\+
 13.4. National Council shall set up a procedure for satisfying itself that, where a member elects to receive communications by email, that election has come from that person. In an online ballot Council may, if it has reasonable grounds for believing that a vote cast has not come from that member, reject that vote. It is the member’s responsibility to ensure that the email address is valid and BCA shall take no responsibility if the email sending the communication fails to arrive with the member or the member's response fails to arrive with BCA. 13.4. National Council shall set up a procedure for satisfying itself that, where a member elects to receive communications by email, that election has come from that person. In an online ballot Council may, if it has reasonable grounds for believing that a vote cast has not come from that member, reject that vote. It is the member’s responsibility to ensure that the email address is valid and BCA shall take no responsibility if the email sending the communication fails to arrive with the member or the member's response fails to arrive with BCA.
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