Scope
These Bye-laws
shall regulate the structure, administration, and activities
of a branch of the British Sub-Aqua Club to be known as North
Down Branch (Ballyholme Yacht Club Diving Section) hereafter
referred to as the "Branch".
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Objects
The aims and objectives of the Branch shall be to provide
for its members facilities, opportunities and training for
diving in accordance with the standards of the British Sub-
Aqua Club, together with related social activities.
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Headquarters
The Headquarters of the Branch shall be at Ballyholme Yacht
Club or at such location as may be decided by the Branch in
General Meeting. However, the Branch's committee of management
(provided for in Bye-law 6 "Management", and Bye-
law 15 "Committee"), may at any time designate an
alternative venue which shall be the interim Headquarters
until such change has been voted upon by the Branch.
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Clubhouse
The Committee shall maintain a clubhouse or appoint another
meeting place for the convenience of members; provided, however
that no change in clubhouse or meeting place shall be final
unless and until it has been ratified by the Branch in General
Meeting.
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Membership
(i) There shall be two classes of membership:
(a) FULL Diving Member who may be any person 18 years of age
or over and a member of Ballyholme Yacht Club.
(b) Junior Member who may be 14 to 18 years of age, a member
of Ballyholme Yacht Club, and their parent or guardian is
a full diving member.
(ii) An applicant for membership of the Branch shall apply
to the Committee, and upon acceptance of his/her application
and payment of the appropriate Branch and National Headquarters
subscriptions shall be a member of the class for which he/she
has applied and is eligible. The Committee may delegate to
such members of the Branch as it may see fit, the responsibility
for entertaining and accepting applications for membership.
(iii) A member shall retain his/her membership until he/she
has resigned or is deemed to have resigned in accordance with
this paragraph or Bye-law 18 ("Discipline"). If
payment of his/her Branch or National Headquarters subscriptions,
in respect of any period of 30 days or more, is overdue, a
member shall be deemed to have resigned.
(iv) It is a condition of Membership that each Member agrees
to adhere to the Child Protection, and Drug Abuse, policies
as laid down by the BSAC and with those principles contained
therein.
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Management
(i) The Branch shall be managed by a Committee elected at
each Annual General Meeting of the Branch, and shall consist
of five officers and no more than two other members.
(ii) The five Branch Officers shall be the Chairman, the Diving
Officer, the Secretary, the Treasurer, and the Equipment Officer.
The duties of these officers are set out in the following
Bye-laws.
(iii) The Committee shall hold and administer for the benefit
of the membership all funds, equipment and property owned
by the Branch.
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The
Chairman
The Chairman shall be the Chief Executive Officer of the Branch.
He shall take the chair at all meetings of the Branch and
of the Committee at which he is present, and subject to the
provisions of these Rules, his decision on matters of procedure
shall be final.
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The
Diving Officer
The Branch's Diving Officer derives his authority in training
and diving matters from the National Diving Officer of the
British Sub-Aqua Club. He shall have responsibility for the
training and diving activities of the Branch and for the safe
conduct thereof. He shall ensure that the said activities
are carried on in accordance with such practices and procedures
as may be recommended from time to time by the National Diving
Officer or pursuant to his authorisation. The Diving Officer
may delegate training duties to a Training Officer, who shall
be responsible to him for the performance thereof. The Diving
Officer's decision in respect of his/her responsibilities
shall be final in the Branch, subject only to such guidelines
consistent with this Bye-law as may be established from time
to time by the Committee.
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The
Secretary
The secretary shall maintain the Branch records and shall
record the meetings of the Committee, General Meetings of
the Branch, and such other meetings as the Chairman may request.
He shall be primarily responsible for the Branch's communications
with third parties and shall keep the Officers, the Committee,
and/or the Branch, as may be appropriate, informed of matters
coming to his attention which pertain to Branch activities.
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The
Treasurer
The Treasurer shall be responsible for dealing with all monies
received or paid on behalf of the Branch. He shall make any
investment of Branch funds approved by the Committee, shall
keep records and proper books of account of all financial
transactions conducted in the Branch's name, and shall prepare
for consideration by the Committee a statement of income and
expenditure and a balance sheet to the last day of September
each year which he shall cause to be audited by the Branch
auditors for submission to the Annual General Meeting.
He shall arrange for all Branch funds and securities to be
kept on deposit with a bank or banks approved by the Committee
and shall maintain a current account or accounts on which
cheques or other orders may be signed by any two Officers.
with the approval of the Committee, the Treasurer may open
one or more other current accounts on which any other member
of the Committee has joint signature authority.
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The
Equipment Officer
The Equipment Officer shall be responsible for the maintenance
of all Branch equipment. He shall be responsible to the Branch
Committee for any debts incurred in his official capacity.
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Annual
General Meeting
(i) The Annual General Meeting of the Branch shall be held
in September each year. Notice of the meeting and the agenda
thereof shall be by post or otherwise transmitted to all paid-up
members four weeks before the meeting.
(ii) The Notice shall identify those members of the Committee
who are standing again and shall request nominations for Officers
and the Committee in large. Committee members standing again
shall be deemed to have been nominated by the Committee.
(iii) To be valid, nominations not deemed to have been made
by the Committee must be: (a) delivered to the Secretary in
writing at least fourteen (14) days before the meeting, (b)
seconded, (c) endorsed by the Nominee to the effect that he/she
is willing to accept the position if he/she is elected.
(iv) The Officers and other members of the Committee shall
be elected at the meeting by ballot. If a nominee stands unopposed,
he/she shall be deemed to have so been elected.
(v) The notice of the meeting shall also include the text
of any motion proposed by the Committee. Any member may propose
amendments to such motion and may make further motion for
consideration at the meeting. Such amendments and further
motions must however, be proposed and seconded in writing
and delivered to the Secretary not less than fourteen (14)
days before the meeting.
(vi) At least twenty percent (20%) of the Branch's membership
entitled to vote at the meeting shall be required for a quorum,
but a quorum shall not be lost despite the departure from
the meeting of any member or members.
(vii) The right to vote at the meeting shall be restricted
to subscription paying members whose current subscriptions
are fully paid.
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Special
General Meetings
(i) Any general meeting of the Branch other than the Annual
General Meeting shall be known as a Special General Meeting.
(ii) The Committee may call a Special General Meeting at any
time upon giving not less than fourteen (14) days written
notice thereof to all paid-up members. The notice shall state
the reasons for the meeting and shall include the text of
any motion proposed for consideration thereat. Amendments
to such motion may be made at the meeting.
(iii) The Committee shall call a special General Meeting upon
receipt of a request to do so signed by not less than five
paid-up members, provided that the request states the reason
therefore and contains the text of at least one motion proposed
for consideration thereat. The proceedings of the preceding
paragraph shall apply with regard to convocation and conduct
of the meeting.
(iv) The business of a Special General Meeting shall be that
for which it was called and no other.
(v) The provisions of Bye-law 12 (vi) and (vii) shall apply
to Special General Meetings.
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Voting
(i) Subject to the provisions of Bye-law 12 (iv) and 20 (ii)
and of the next succeeding paragraph, voting on any given
motion at a General Meeting shall be by show of hands or by
ballot as the Chairman may decide, and motions shall be carried
by the affirmative votes of a simple majority of voting members
present.
(ii) Subject to Bye-law 19, a motion to alter the Bye-laws
shall only be carried by at least a two-thirds majority of
affirmative votes cast by not less than 20% of the members
of the Branch entitled to vote at General Meetings. Such motion
may be voted upon in General Meeting or by postal ballot of
all voting members.
(iii) Except as provided in Bye-laws 20 and 21, the Committee
may put any motion to the voting membership at any time by
postal ballot. voting papers for such ballots shall be sent
to all paid-up members not less than fourteen (14) days before
the date on which the votes are to be counted. A motion put
to postal ballot shall only be carried by a majority of affirmative
votes cast by not less than 20% of the members of the Branch
entitled to vote at General Meetings.
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The
Committee
(i) The Committee shall take office upon election and shall
hold office until their successors have been elected.
(ii) The Committee shall have the power to fill any vacancy
amongst the Officers of the Branch or amongst the rest of
the Committee's membership which occurs during their term
of office. Any person newly appointed to the Committee to
fill such vacancy shall become a full voting member thereof.
The Committee shall also have the power to co-opt up to four
non-voting members.
(iii) The Committee shall determine any question as to the
interpretation of these Bye-laws and of any regulations made
hereunder, and may rule in connection with any situation not
otherwise provided for herein. In the latter event, such ruling
shall only remain in effect until the next General Meeting
of the Branch. Its continued validity shall depend upon the
ratification of that meeting.
(iv) A simple majority of voting Committee members then serving
shall form a quorum for a meeting provided, however that no
quorum shall be formed without the presence of the Chairman
or the Secretary. A quorum, once formed shall not be lost
even though, as a result of the departure of a member during
the meeting, the number of voting members falls below the
number required to open the meeting.
(v) No resolution may be adopted by the Committee unless:
(a) it has the affirmative votes of a simple majority of those
members present and entitled to vote.
(b) the number of such votes is at least equal to a simple
majority of the number of members required to open the meeting
at which the resolution is proposed.
(vi) No member shall be entitled to vote on a matter in which
his interest differs from that of the Branch as a whole, and
he shall withdraw from any meeting during the period of discussion
of such interest.
(vii) Any Officer shall have the power to require the Secretary
to call a meeting of the Committee at any time.
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Informal
Meetings
The Committee may arrange for informal meetings of the Branch
to provide an opportunity for an exchange of opinions between
the membership and the Committee. Notice of a meeting shall
be posted on the Branch notice board not less than two weeks
before the date thereof.
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Branch
Activities
(i) At the discretion of the Diving Officer, Branch diving
and open-water training activities shall be open to members
of other branches and to guests.
(ii) Subject to such regulations as may be established from
time to time by the Committee, any Branch member and, with
the prior approval of the official in charge of the session,
any visitor from another Branch or any guest may use the training
pool for training, testing equipment, swimming with basic
equipment and for free swimming. Nobody shall use any equipment
other than basic equipment without the prior approval of the
official in charge of the session.
(iii) If a member damages or loses Branch equipment, the Committee
may charge that member the cost of repairing or replacing
the article. The Committee may similarly charge a member who
damages or loses private property used in connection with
Branch activities.
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Discipline
(i) Temporary suspension from participation:
(a) In order to ensure the safety and good name of the Branch
and its members, the person in charge of a Branch activity
may suspend, at his discretion and for the duration of the
activity, any member who misconducts himself. Any such suspension
shall be reported as soon as possible to the Chairman or Secretary
and shall be discussed at the next meeting of the Committee.
(b) The Committee shall first discuss the incident without
the presence of the member in question and shall then invite
him/her to join the discussion and express his/her view of
the matter.
(ii) Suspension and loss of membership:
(a) The Committee shall have the power by a two-thirds majority
of all serving voting members to suspend the membership of
any member of the Branch. Suspension of the membership of
any Officer or other Committee member shall be dealt with
in accordance with the provisions of the text in the succeeding
sub-clause. A decision to suspend so taken shall be immediately
communicated to the member concerned, and his/her membership
shall thereupon be suspended. A suspended member shall be
entitled to demand a hearing at the next regular meeting of
the Committee during which the reasons for his/her suspension
shall be made fully known and he/she shall be given the opportunity
to answer the charges against him/her. Upon conclusion of
the hearing, the member shall leave the meeting and the Committee
shall vote again on the suspension. If the motion is not carried
by the requisite two-thirds majority, the suspension shall
thereupon be lifted and the member shall be informed accordingly.
If the motion is carried again by the said majority, the member
shall be so informed and he/she shall thereupon be deemed
to have resigned his membership of the Branch. The member
affected shall have the right to appeal from the decision
of the Committee to the next General Meeting of the Branch.
In that regard, he shall for the purposes of Bye-law 12 (v)
and 13 (iii) have the rights of a paid-up member.
(b) Suspension of the membership of an Officer or Committee
member shall only be voted upon at a meeting the agenda of
which; (1) has been posted or distributed to all Committee
members at least one week prior to the meeting, and (2) explicitly
refers to the motion of suspension. If the person charged
attends the meeting, he/she shall be entitled to hear and
respond to the charges levied against him/her. When the Chairman
of the Committee is satisfied that the matter has been adequately
and fairly discussed, the person charged shall leave the meeting
and a vote shall be taken. If the proposal to suspend is carried
by the requisite two-thirds majority, the person charged shall
be deemed to have resigned his/her membership in the Branch,
and shall have the right to appeal provided for in the preceding
paragraph. If the person charged does not attend the meeting,
the provisions of the preceding paragraph shall apply.
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Subscriptions
(i) Persons joining or rejoining the Branch shall pay the
appropriate National Headquarters subscription plus the Branch
subscription.
(ii) Branch membership subscriptions shall be in such amount,
payable on such dates, and shall be subject to terms and conditions
as may be determined from time to time by the Committee.
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Dissolution
(i) The Branch may not be dissolved except pursuant to a vote
taken at a General Meeting, provided however, that the dissolution
may be put to a vote at an Annual General Meeting only if
it appears on the agenda provided for in Bye-law 12(i).
(ii) A proposal to dissolve the Branch shall be subject to
ballot and, in order to be carried, it must receive the affirmative
votes of two-thirds of the voting members of the Branch who
are present at the meeting.
(iii) If dissolution of the Branch is voted in accordance
with the preceding provisions of the Bye-law, the Committee
shall proceed without delay to realise the property of the
Branch and to discharge the Branch's outstanding liabilities.
Any net assets thereafter remaining shall be distributed to
such recipient or recipients and in such fashion as the Meeting
shall have decided.
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Amendment
(i) The Bye-laws may only be amended in General Meeting in
accordance with the affirmative votes of a majority of those
voting members of the Branch who are present at the meeting.
(ii) Not withstanding anything to the contrary contained in
these Bye-laws, no amendment may be made to this Bye-law or
to Bye-laws 2, 8, 19, and 21 unless, prior to the meeting
at which such amendment is proposed, an Officer or the Chief
Executive of the British Sub-Aqua Club shall have notified
the Branch in writing of the British Sub-Aqua Club's approval
of the subject and text thereof.
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British
Sub-Aqua Club Rules
These Bye-laws are made in compliance with Rule 3 of the Rules
of the British Sub-Aqua Club. They shall be subject to the
provisions and requirements of that Rule, and shall only be
valid to the extent that they are not in conflict with the
said provisions and requirements or with those of the Articles
of Association of the British Sub-Aqua Club.
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