Constitution 2004 1. Name. : - The name of the Association shall be; Weston-super-Mare Allotment Club 2. Aims. : - To improve communications with Weston-super-Mare Town Council To improve conditions at the allotment sites. To improve facilities at the allotment sites To increase usage of the allotment sites To review the current legal agreements To pursue and investigate a means of and negotiating terms for self-management of allotment sites by The Allotment club. 2a. Objectives: - To actively promote interest in allotment gardening both to individuals and to organizations, charities, schools and self help groups. To co-operate with any committee set up by Central Government, Local Authority or any other body, to further the interests of allotment holders. To conduct negotiations in respect of land, buildings, facilities and services with whosoever may be the provider. To negotiate with the Local Authority, at this time being Weston-super-Mare Town Council, the management of allotment sites by the allotment club or clubs. 3. Powers: - The club shall have full powers, to do all things necessary or expedient, for the accomplishment of its aims and objectives, including the power to deal in any way with land or buildings, and without prejudice to the generality of the foregoing, shall in particular have power to acquire land from local authorities acting under the provisions of any act for the time being in force relating to allotments. 4. Use of Name: -. The name of the club, shall be mentioned in all business letters of the club, notices, advertisements, and other official publications of the club, and in all bills of exchange, promissory notes, endorsements, cheques and orders for money or goods, purporting to be signed by or on behalf of the club, and in all bills, invoices, receipts and letters of credit of the club. 5. Members: - Membership of the club shall be open to any person with an interest in horticulture, agriculture or any person and organization wishing to apply to rent a plot, or to be placed on any waiting list, who are resident or located within 10 miles of Weston-super-Mare, subject to filling certain criteria set by the committee from time to time and the application being approved by the committee. Membership shall also be open to persons who can offer professional, technical and trade skills or services to the club, but who do not wish to, or cannot for whatever reason cultivate an allotment plot. 6. Subscription: - Every member shall pay an annual subscription, which shall become due on the 1st October each year and be payable in advance. A General Meeting shall determine the amount of subscription. The subscription shall be to cover administration and any legal costs that may be incurred. 7. Arrears: - Any member who is two months in arrears with their subscription, shall forfeit all rights and benefits of the club until the arrears are paid in full. If after two months from the due date, arrears of the subscription are still not paid, membership of the club shall be deemed to have ceased. 8. Cessation of Membership: - A member shall cease to be a member in the following eventualities a. The members death. b. The members resignation. c. The expulsion of a member. d. Where the member has been required to pay an annual subscription, the non payment thereof for a period of 2 months after it has become due. 9. Expulsion of members:- A Special General Meeting may, by a vote of two-thirds of the members present and entitled to vote, expel any member for conduct detrimental to the Club, provided that a notice specifying the conduct for which it is intended to expel him is sent to him at his address entered in the register at least one month prior to the date of the meeting. 10. Register of members:- The Club shall keep a register of members in which the secretary shall enter the following particulars. i The names and addresses of members, ii. The date at which each person entered the register as a member, and the date at which any person ceased to be a member iii. The names and addresses of the officers of the Club, with the offices held by them and the dates on which they assumed office. iv. Every member at the time of them becoming a member shall notify the secretary in writing of his or her address and subsequently any change therein. 11. Duplicate Register of Members:- The Club shall also keep a duplicate Register of Members, in which the secretary shall enter all the particulars in the original register 12. Loans: - Deposits shall not be taken from Members or non-members. The committee may obtain loans on such security and such terms of repayment, as they may think fit. Provided that the rate of interest shall not exceed 5%. Or, (if the current Bank Base Rate, is more than four per cent) one per cent above the current Bank Base Rate, except loans from Building Society, Banker or on a mortgage. Subject to the same conditions as to the rate of interest, a General Meeting may authorize the Committee to obtain loans for a further amount. 13. Funds: - The committee shall open a general bank account with such Banks as it may select in the Club’s name. The Treasurer shall account for all moneys received, paid and banked, and shall have authority to pay in cash a sum decided by the committee annually, provided that a receipt is obtained. The treasurer and two other officers shall sign cheques and bank transfer authorities . 13a. Investment: - The committee shall have authority to invest any funds of the Club in or upon any of the securities referred to in Section 31 of the Industrial and Provident Societies Act 1965, but not otherwise. GENERAL MEETINGS 14. Ordinary General Meetings: - The Annual General Meetings and other Ordinary General Meetings shall be held at such times as the committee or a General Meeting Shall determine 15. Special General Meetings: - A Special General Meeting shall be held whenever the Committee of Management think expedient or whenever a written requisition for such a meeting signed by 5 members is delivered to the Secretary. Should the Secretary fail to convene a Special General Meeting within four weeks after delivery to him of such requisition, the members signing the requisition may convene such a meeting by giving such notice as is mentioned in rule 16. 16. Notice of General Meetings: - At least seven days notice in writing of every General Meeting, stating the business to be transacted at such a meeting. And shall be sent to every member at their address entered in the register of members and no other business other than that stated in the notice shall be transacted at such meeting. 17. Voting at General Meetings: - Every member present at a General Meeting and not otherwise disqualified shall have one vote and where the votes cast in any matter are equal the then presiding officer shall have a casting vote in addition to his vote as a member. Members who are not tenants shall not have the right to vote on questions affecting tenant members only. 18. Presiding officer at General Meetings: - At all General Meetings the President, or if he is not present, a chair Person, elected by the meeting, shall preside. 19. Quorum at General Meetings: - Unless otherwise determined by a previous General Meeting, a quorum at General Meetings shall consist of five members 20. Discussions: - No party political or sectarian discussions shall take place or resolutions proposed either at any Committee or General Meetings. No member shall be allowed to speak to a resolution more than once without the chairperson’s permission. OFFICERS AND COMMITTEE OF MANAGEMENT 21. Who are Officers: - The Club shall have the following officers. a President, a Chairman, a Secretary, a Treasurer, 6 committee members or such number as may be determined by a resolution of a General Meeting, and any other officers who may appear to the Committee to be necessary for the conduct of the Club's business. 22. Committee of Management: -The Committee of Management shall consist of the President, The Chairman, The Treasurer and the committee members. 23. Election of President: - The President shall be elected by the Annual General Meeting and shall hold office for one year, but shall be eligible for re-election. 24. Election of Committee Members:- Committee members shall be elected from amongst the members of the Club by a vote of the majority of members present and entitled to vote at an Annual General Meeting, and the Club in General Meeting may from time to time determine the period for which committee members shall remain in office, the order in which they shall retire, and whether on retirement they shall be eligible for re-election. If any officer shall die, resign, be removed, or become unfit to act, the Committee may fill the vacancy until the next Annual General Meeting, unless the vacancy has already been filled at a Special General Meeting. 25. Chairman: - The Chairman shall be elected and may be removed by the Committee, and shall hold office until the first Committee Meeting following the Annual General Meeting. 26. Other Officers: - The Committee shall appoint and may remove such other officers and employees as they may deem necessary, and determine their respective duties.. 27. Qualifications for office: - The Club in General Meeting may determine the qualifications necessary for the holding of the office of, Chairperson or committee members. No dealer in, or agent for the sale of, agricultural requirements, nor any person dealing as trader in, or agent for agricultural produce, shall be eligible to hold office whatsoever in the Club. 28. Removal from Office: - Any officer or member of the Committee may be removed at any time by a resolution of the majority of the members present at any General Meeting called for that purpose, which may proceed to fill the vacancy. 29. Committee Members becoming Surety: - Should any member of the Committee, with the consent of the Committee, become surety for any debt or liability incurred on behalf of the Club, he shall not be removed from office without his consent until such liability has ceased. 30. Security by Officers: - Every Officer and employee having charge of any of the moneys of the Club shall, before entering on his duties, give such security as the committee shall deem sufficient. 31. Powers of the Committee: - The Committee of Management shall have full power to superintend and conduct the business of the Club according to the rules thereof and, except as is otherwise provided in these rules, exercise on behalf of the Club for the purpose of accomplishing its Aims and Objectives the powers conferred upon the Club by these rules, or otherwise. MEETINGS OF COMMITTEE OF MANAGEMENT 32. Quorum at Committee Meetings: - Unless otherwise determined by a General Meeting, a quorum at Committee Meetings shall consist of three members. 33. Regular Committee Meetings: - Regular meetings of the Committee shall be held at intervals not longer than prescribed by resolution of a General Meeting. 34. Special Meeting of the Committee: - A special meeting of the Committee shall be held on the request in writing of at least three committee members. 35. Conduct of Committee Meetings: - At all meetings of the Committee every question shall be decided by a majority of votes and if the votes are equal the presiding officer shall have a casting vote in addition to his vote as a member. The Chairman, or, if he is not present, a Chairman elected at the Committee Meeting, shall preside. ALLOTMENTS AND SMALL HOLDINGS SEPERATE ACCOUNT 36. Allotments and Small Holdings Separate Account: - A separate account shall be kept by the Club of all income and expenditure of the Club under rule 3. The income shall be applicable as may be determined by the Committee of Management for the following purpose and for no other purpose whether during the existence of the Club or on dissolution: - (a) For payment of the expenses of managing land, houses and buildings acquired or erected under the said rule, including payment of rent, rates, taxes and other like outgoings. (b) For payment of expenses of repairs or improvements from time to time made by the Club on such land, houses and buildings. (c) For payment to the general account of the Club of interest at the rate of 5 per cent per annum on all capital expenditure by the Club on the acquisition of such land and buildings. (d) For recouping capital expenditure by the Club. On improvement or adaptation of the land, houses and buildings, within such period as is reasonable, having regard of the work of adaptation. (e) For forming a Special Reserve Fund not exceeding one year's annual value of the land, houses and buildings, and so that such reserve fund shall be available for any purpose authorized by this rule but for no other. (f) For prizes for the encouragement of the proper cultivation of the land; and (g) For the benefit of the tenants generally, in such manner as the Committee may determine. Nothing in this rule shall be deemed to prohibit an arrangement between the Club and a tenant for the repayment or rebatement of part of the rent payable to the Club. Nothing in this rule shall prejudice or affect any right or remedy of any creditor of the Club. 37. Auditors: - The committee shall appoint an independent person to verify the accounts and balance sheet before submission to the Annual General Meeting. 38. Dissolution: - The Club may at any time be dissolved by the consent of simple majority of the members, testified by their signatures to an instrument of dissolution. 39. Copies of rules: - A copy of the rules of the Club, shall be delivered by the secretary, to every person on demand on payment of a sum not exceeding 25p. And the Committee of Management shall provide sufficient copies of the said rules for this purpose. 40. Mode of Amending Rules: - The rules may be amended by resolution of a three-fourths majority at a General Meeting. No amendment of rules is valid until registered. 41. By-Laws: - The committee may from time to time make By-Laws relating to the tenancy of allotment gardens, provided that no such by-law shall be inconsistent with these rules. 42. Financial Year: - The Club's Financial Year shall run from the 1st October to 30th September and accounts to be prepared within 40 days. 43. Affiliation: - The Club shall be affiliated for the time being to the National Society of Allotment & Leisure Gardeners Ltd. only. But the committee may at a later date consider applying for membership of any other organization that may be of benefit to the Club. 44. Press Communications: - No member, other than an officer of the Club, or a specified officer, duly authorized by the committee on its behalf, shall communicate in any way with the press, news media, information gathering organization or any other persons as representing the Club.