DRAFT VERSION 14 November 2011

Constitution of the BMX East Region

Regulations:

1          The Committee will be called: BMX East Region

2          The Purposes of the BMX East Region Committee

A.         The purposes of the Committee are to promote the sport of BMX Racing within its boundaries, boundaries may change based on the number of clubs operating or in conjunction with the governing body (British Cycling)

B.         To promote good practice using guidelines adopted by the Governing body

C.         To service the requirements where possible of all clubs within the region

D.         To provide a series of races following Governing body regulations

E.         To promote and assist the creation and development of new and existing clubs within the region

F.         To meet as often as necessary and at least twice per year

G.         To appoint a race team to manage each race within the series of races

H.         Updates to this Constitution must be based on committee decisions and documented in the constitution as per regulation 9

3          Permitted Means of Advancing the Purposes

The Committee has the power to:

A.         Provide coaching, training, medical treatment and related social and other facilities

B.         Raise funds by appeals, subscriptions, entry fees, loans and charges

C.         Set aside or apply funds for special purposes or as reserves

D.         Deposit or invest funds in any lawful manner

E.         Employ and engage staff and others and provide services

F.         Affiliation

i.          Co-operate with or affiliate to firstly any bodies regulating or organising the Sport

ii.         Secondly any club or body involved with it

iii.        Thirdly with government and related agencies

G.         and any other reasonable purposes as the committee documents (must be documented in constitution as per regulation 9)

NONE of the above powers may be used other than to advance the purposes consistently with the rules below and the general law.

4          Membership

A.         The BMX East Region Committee shall be open to anyone interested in the sport on application regardless of sex, 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

B.         The Committee may implement different classes of race fee on a nondiscriminatory and fair basis. The Committee will keep race fees at levels that will not pose a significant obstacle to people participating

C.         The Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Committee or sport into disrepute. Appeal against refusal or removal may be made under the National Discipline Procedure

5          All General Meetings

A.         All members may attend all general meetings of the Committee in person

B.         Such meetings need 21 clear days’ written notice to members

C.         The quorum for all general meetings is 3 members present or 30% of the total membership, whichever is greater

D.         The Chair or in his or her absence the Vice Chair shall preside

E.         Except as otherwise provided in these rules, every resolution shall be decided by a simple majority of the votes cast on a show of hands

F.         Formalities in connection with General Meetings (such as how to put down resolutions) shall be decided by the Committee and sent to Club Secretaries

6          Annual General Meetings (AGM)

The Region will hold an AGM once in every calendar year and not more than 15 months after the last AGM. At every AGM

A.         The members or members and club representatives will elect a Committee including a Chair, Treasurer and Secretary and other positions to serve until the next AGM

B.         Election is by nomination in advance.  For roles without nominees, these can be filled at the AGM.  Each attending club holds one vote.

C.         The Treasurer will produce accounts of the Region for the latest financial year audited as the Committee shall decide

D.         The Chair will present a report on the Region's activities since the previous AGM

E.         The Committee will appoint a suitable person to audit the accounts if requested by the members.

F.         The Committee will discuss and vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting

7          Extraordinary General Meetings (EGM)

An EGM shall be called by the Secretary within 14 days of a request to that effect from the Committee or on the written request of not less than 3 members signed by them. Such an EGM shall be held on not less than 14 or more than 21 days’ notice at a place decided upon by the Committee or in default by the Chair. An EGM shall be run in accordance with British Cycling guidance.

8          The Committee - Roles

Subject to these rules the Committee shall have responsibility for the management of the Region, its funds, property and affairs.

A          Secretary

i.          The regional secretary shall within 10 days after any BMX East Region meeting, send a

written report to all attendees and clubs with the region and British Cycling.

ii.          Inform club secretaries of race dates and subsequent race date changes.

iii.        Document the series regulations and publish

iv.        Provide an administration service for riders registering for the British Championships

v.         Set a date for British Championships dispensation requests

B          Treasurer

i.              The Treasurer will produce accounts of the Region for the latest financial year audited as

       the Committee shall decide;

ii.            Set budget and document the distribution of funds process

iii.          Purchase administration equipment as deemed necessary

iv.           Operate the banking procedure for race fee income.

v.             Ensure all cheque payments are countersigned

C          Chair

i.          The chair shall decide on every point of order

ii.         In the cases of equality of votes, shall have a second or casting vote

iii.        The Chair will present a report on the Region's activities since the previous AGM;

D          Committee

i.          Set dates venues, facility criteria and trophy qualification for a regional race series in accordance with British Cycling regulations.

ii.         Publicise and promote the regional race series

iii.        Ensure event and club information is available via a website

iv.        Set race fees and registration process for regional series races

v.         Decide how accounts should be audited

vi.        Decide on national event support (if required)

vii.       Set a policy for the Regional Championships

viii.      Set a policy for British Championships support (to include such items as deemed necessary for the event)   

ix.        Appoint a race team, chief referee and administration service for events

xi.        Set details for a regional series awards presentation

F          Property etc

i.          The property and funds of the Region cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the rules.

ii.         The Region may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, event expenses, post event refreshments and other ordinary benefits.

iii.        The Region may also in connection with the sports purposes of the Committee:

a) Sell and supply food, drink and related sports clothing and equipment;

b) Employ members (though not for riding) and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present;

c) Pay for reasonable hospitality for visiting teams and guests;

d) Indemnify the Committee and members acting properly in the course of the running of the Region against any liability incurred in the proper running of the Region (but only to the extent of its assets).

iv.        The Committee will have due regard to legislation on disability discrimination, child protection and vulnerable adults.

G          Composition etc

i.          The Committee shall consist of at least 3 and not more than 15 members (including Officers).

ii.         The Committee members may co-opt club representatives (up to the maximum permitted number) to serve or represent their clubs until the end of the next AGM.

iii.        Any Committee member may be re-elected or re-co-opted without limit.

iv.        A Committee member ceases to be such if he or she ceases to be a member of the Region, resigns by written notice, or is removed by the Committee for good cause after the member concerned has been given the chance of putting his/her case to the Committee with an appeal to the relevant British Cycling Board members, or is removed by Committee members at a general meeting. The Committee shall fairly decide time limits and formalities for these steps.

H          Committee Meetings

i.          Whenever a Committee member has a personal interest in a matter to be discussed, he/she must declare it, withdraw from that part of the meeting (unless asked to stay), not be counted in the quorum for that agenda item and withdraw during the vote and have no vote on the matter concerned.

ii.         The Committee may decide its own way of operating. Unless it otherwise resolves the following rules apply:

iii.        At least 3 members must be present for the meeting to be valid

iv.        Committee meetings shall be held face to face

v.         The Chair, or whoever else those present choose shall chair meetings

vi.        Decisions shall be by simple majority of those voting unless the voting involves clubs within the region, and then one vote per club shall apply

vii.       A resolution in writing signed by every Committee member shall be valid without a meeting

viii.      The chair of the meeting shall have a casting vote if a majority decision is not reached

I           Delegation etc

The Committee may delegate any of their functions to sub-committees but must specify the scope of its activity and powers; the extent to which it can commit the funds of the Region; its membership; its duty to report back to the Committee. The Committee may wind up any sub-committee at any time or to change its mandate and operating terms.

J          Disclosure

Annual Region reports and statements of account must be made available for inspection by any member and all Region records may be inspected by any Committee member.

9          Amendments

A.         Amending Rules

These Rules may be amended at a general meeting by two-thirds of the votes cast but not (if relevant) to alter its purposes (unless the procedure set out in 9 (b) has been followed) or winding up provisions.

B.         Amending the Purpose

The Region Purposes may be changed to include another eligible sport if the Committee unanimously agrees and the Clubs also agreed the change by a 75% majority of votes cast.

10         Winding up the Region

A.         Voting

The Committee may vote to wind up the Region if not less than three quarters of those present and voting support that proposal at a properly convened general meeting.

B.         Responsibility

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

C.         Disposal of Assets

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

i.          To be split between all active clubs with the Region.

ii.         To the Region’s national governing body to be held for development purposes within BMX, and within the same region