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CONSTITUTION (Reviewed March 2017)

1. Name

The Club will be called DEVERON CANOE CLUB (hereinafter referred to as “the

Club”) and will be affiliated to the national governing body of canoeing in Scotland

(Canoe Scotland – hereinafter referred to as SCA).

2. Terms Used

2.1.Throughout this constitution, the term “member” shall refer only to “paid-up”


2.2.The “membership year” will start on 1st October and end on 30th September.

2.3.The “financial year” will start on 1st March (or the nearest suitable banking

date thereto), and end on the subsequent 1st March (or the nearest suitable

banking date thereto).

3. Aims and Objectives

The aims and objectives of the Club will be:

 To be a non-profit making organisation dedicated to the development of all

aspects of paddlesport.

 To offer recreational opportunities in paddlesport locally.

 To promote the Club and the sport within the local community.

 To ensure a duty of care to all members of the Club.

 To promote and maintain high standards of technical competence and

safety in the sport.

 To ensure that all present and future members receive fair and equal


 To distribute information and maintain contact with the SCA.

 To apply the policies of the SCA with regard to the protection of children

and vulnerable adults.

4. Attaining Objectives

The Club shall be empowered to do all things relevant and necessary to attain

the objectives of the Club.

5. Property of the Club

The Club must direct all its property and income towards the promotion of the

aims and objectives of the Club. No part of that property or income to be paid or

otherwise distributed, directly or indirectly, to members of the Club, except in

good faith in the promotion of those objectives or purposes.

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6. Powers of the Club

6.1 To acquire, hold, deal with and dispose of any property and equipment.

6.2 To open and operate bank accounts.

6.3 To invest its money:

6.3.1. In any security in which trust monies may be invested;

6.3.2. In any manner authorised by the rules of the Club.

6.4 To borrow money upon such terms and conditions as the Club thinks


6.5 To give such security for the discharge of liabilities incurred by the

Club as the Club thinks fit.

6.6 To appoint agents and employees to transact any business on behalf of

the Club for reward or otherwise.

6.7 To build, maintain, alter and repair any premises, building or other

structure of any kind. To furnish, equip and improve these for use by

the Club.

6.8 Accept donations and gifts in accordance with the objectives of the


6.9 Print and publish any information by any media, including newsletters,

websites, E-mails, articles or leaflets for the promotion of the Club.

6.10 Organise social events for members and events for the promotion of

the Club.

6.11 To enter into any other contract the Club considers necessary or


7. Membership

Membership will consist of paid up officers and members.

7.1 Membership shall be open to any person who wishes to take part in

paddlesport and who wishes to further the interests of the Club. No

person shall be refused membership on the grounds of race, colour,

creed, religion, sex, sexual preference, impairment or disability.

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7.2 Any person seeking membership shall fill in an application form and

present this with the appropriate subscription to the membership

secretary. At that point he/she will become a member, subject to

ratification at the next management Committee Meeting.

7.3 Each person admitted to the membership shall be:

7.3.1. bound by the Constitution of the Club

7.3.2. deemed to have accepted these regulations all the Club’s codes

of conduct. (See appendices)

7.3.3. liable for such fees as may be fixed by the Club.

7.3.4. entitled to all advantages and privileges of membership.

7.4 Membership Categories

7.4.1. Ordinary Member – any person who is over 18 years and a

member of the Club.

7.4.2. Junior Member – any person under the age of 18 years, at the

date of paying their subscription, will become a Junior Member.

While enjoying all other privileges of membership, junior

members shall have no voting rights nor be entitled to hold any

office (unless specifically requested by a quorum of members at

an AGM, or EGM specifically called for that purpose).

7.4.3 Family Members – family membership will cover up to 5 related

people, of which a maximum of 2 will be adults (over the age of

18). The adults and juniors covered by family membership will

enjoy the same rights and privileges as other members of the

Club in the same categories.

7.4.4. the Club will actively encourage all ages of people, both senior

and junior, provided they are able to swim (the members will be

expected to be able to swim at least 1 length of Banff Swimming

Pool – 25m, or equivalent). Junior members are those under 18

years of age. Junior members in primary school will be expected

to hold the Aberdeenshire Council Competent Swimmer Award.

7.4.5. Primary age children MUST be accompanied by their

parent/guardian at all times whilst canoeing, both in the

swimming pool and on outdoor trips. The parent/guardian MUST

be with the junior at all times. In relation to outdoor trips, this will

involve the parent/guardian being a PADDLING member of the

group and staying with the junior at all times during the trip. In

relation to the swimming pool, the parent/guardian can either be

a paddler or non-paddler, but if a paddler, they should paddle

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with the junior at all times (and not be involved in other activities

elsewhere in the pool, unless they are both involved in the

novice instruction groups.) The parent/guardian MUST be

responsible for the junior at ALL times whilst he or she is

canoeing or being transported to and from the canoeing activity.

7.5 The Membership Secretary will maintain an up to date register of club


7.6 A member may, at any reasonable time, inspect the records or

documents of the Club.

8. Subscriptions and Fees

8.1 Membership subscriptions (subs) will be determined annually by the

Management Committee and ratified by the Annual General Meeting

(AGM). Subs will be payable on 1st October at the beginning of the

membership year.

8.2 Other fees for sessions, equipment hire and any other purpose that

may arise, will be determined by the management committee, and will

not be subject to ratification by the AGM.

9. Termination of Membership

9.1 Any person’s membership may be terminated by the following events:

9.1.1 resignation;

9.1.2 expulsion;

9.2 The Management Committee shall have the power, after having

undertaken due inquiry, to suspend or expel any member of the Club


9.2.1 A person’s subscription remaining unpaid 13 weeks after

becoming due. (A person’s membership will lapse in these

circumstances, but may at any time be re-established, should

they wish, on re-application and payment of the sub).

9.2.2 False or inaccurate statements made in a person’s application

for membership.

9.2.3 Breach of any rule, regulation or part of the Club Constitution.

9.2.4 by an act, detrimental to the Club.

9.2.5 Any member who is expelled, suspended or has their

membership terminated shall have the right to appeal against

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their suspension or expulsion by presenting their case to a

General Meeting called for such purpose, and the decision of the

General Meeting shall be final.

9.3 The Management Committee shall inform the member in writing of any

decision to terminate their membership.

10. Management Committee

10.1 Management of the Club shall be vested in the Management

Committee elected by the members at the AGM.

10.2 The Management Committee shall comprise a minimum of 6 members,

Including (but not expressly limited to) the following;

 President

 Secretary

 Membership Secretary

 Treasurer

 Equipment Officer

 Child Protection Officer

 Member/s (without portfolio)

Changes, or additions, to this list will only be possible by a vote at the


10.3 Certain affiliated members, including coaches are entitled to attend

committee meetings in an advisory capacity, but may not vote.

10.4 No person shall hold more than one position on the Management

Committee at any one time, unless by a vote at the AGM.

10.5 A person shall cease to be a member of the Management Committee at

the next AGM following the one at which he/she was elected, but will be

eligible for re-election.

10.6 A Management Committee member can serve a maximum of two years

consecutively in any committee post, unless re-elected at the AGM by

75% of those present.

10.7 A quorum of the Management Committee shall be half its members

plus one.

10.8 If the President or Secretary is unable to attend, then a chairperson

nominated by the meeting shall chair that meeting.

10.9 A member of the Management Committee may lose his or her seat on

the Committee for either of the following:

10.9.1 Unexplained absence from three or more meetings.

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11. Powers of the Management Committee

11.1 The Management Committee shall carry out the day-to-day running of

the Club and shall have the power to:

11.1.1 Administer the finances, appoint bankers and direct the

opening of banking accounts for specific purposes and to

transfer funds from one account to another, and to close

any such account;

11.1.2 Arrange the manner in which such banking accounts shall

be operated and monitor all payments;

11.1.3 Determine subs, fees and decide such levies, fines and

charges as are deemed necessary and advisable and to

enforce payment thereof;

11.1.4 Adjudicate on all matters brought before it, which in any

way affect the Club;

11.1.5 Cause minutes to be made of all meetings of the

Committee and General Meetings of the Club;

11.1.6 Adopt, amend and/or rescind policy, codes of conduct and

rules that affect the organisation of the Club, subject to

the ratification of a General Meeting;

11.1.7 Have the power to form sub committees and appoint

advisers as required for specific purposes;

11.1.8 Employ a person or persons to carry out certain

designated duties as they may become necessary and to

determine appropriate remuneration;

11.1.9 Should a vacancy occur on the Management Committee

during the season, the Management Committee shall

appoint a successor until the next AGM;

11.1.10 Appoint an officer or agent of the Management Committee

to have custody of the Club’s records, documents and


11.1.11 Call disciplinary hearings of members who infringe the

Club rules/regulations/constitution. The Management

Committee will then be responsible for taking any action

of suspension or discipline following such hearings;

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12. General Meetings

12.1 Annual General Meeting (AGM)

12.1.1 The AGM must be held within four months of the end of the

Club’s financial year (1st March, or nearest banking date


12.1.2 The Secretary shall give at least fourteen days notice of the date

of the AGM to members. The Secretary shall keep minutes of

the meetings.

12.1.3 All members may attend the AGM. Adult members have the

right to vote.

12.1.4 The quorum at the AGM shall be a minimum of 25% of members

eligible to vote. If, at the opening of the Meeting there is no

quorum, the meeting shall adjourn for one week. If, at such

subsequent meeting there is no quorum, those members present

shall be deemed competent to discharge the business of the


12.1.5 The agenda of the AGM shall be;

 Opening of the meeting

 Apologies

 Confirmation of minutes of last AGM

 Presentation and Adoption of Annual Report

 Presentation and Adoption of Treasurer’s Statement

 Election of New Management Commitment and appointment

of Auditor

 Vote of thanks to outgoing Management Committee

 Determination of Annual Membership Fees

 Notice/s of Motion/s

 Review of Constitution, Code of Conduct, and Child &

Vulnerable Adults protection Policy

 Urgent general business

 Closure

12.1.6 The Management Committee has the right to call Extraordinary

General Meetings (EGM) outside the AGM.

12.2 Procedures for EGM’s will be the same as for the AGM.

12.2.1 EGMs may be called by the Management Committee or at the

request of the President and Secretary or on the written request

of 5 members.

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12.2.2 The Secretary shall give at least seven days notice, in writing, of

the date of the EGM to the members. Notice of the EGM shall

set out clearly the business for which the meeting has been

called. No other business shall be dealt with at that EGM. The

Secretary shall keep the minutes of such meetings.

12.2.3 The quorum at the EGM shall be as for the AGM.

13. Voting

13.1 Voting powers at the AGM and EGM’s:

13.1.1 The President shall be entitled to a deliberate vote and, in the

event of a tied vote, the President shall exercise a casting vote;

13.1.2 Every member present shall have one vote. Junior members are

not entitled to vote.

13.2 Voting powers at Management Committee Meetings:

13.2.1 The President shall be entitled to a deliberate vote and, in the

event of a tied vote, the President shall exercise a casting vote;

13.2.2 Each Committee member shall have one vote.

14. Finance

14.1 All funds of the Club shall be deposited into the Club’s accounts at

such bank or recognised financial institution as the Management

Committee may decide.

14.2 All accounts due by the Club shall be paid by cheque after being

passed for payment by the Management Committee. When immediate

payment is necessary, accounts shall be paid and endorsed at the next

Management Committee Meeting.

14.3 The Treasurer shall not spend more than a set amount (this amount to

be determined) of petty cash without the consent of the Management

Committee and shall keep a record of such expenditure in a petty cash


14.4 A statement showing the financial position of the Club shall be tabled

at each Management Committee Meeting by the Treasurer.

14.5 A statement of Income and Expenditure, Assets and Liabilities shall be

submitted to the AGM. The auditor’s report shall be attached to such

financial report.

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14.6 The accounts, books and all financial records of the Club shall be

audited each year.

14.7 The signatories to the Club’s accounts and cheques will be by the

Treasurer and one of the following:

 President;

 Secretary

 Equipment officer

15. Auditor

15.1 The AGM shall elect or appoint an auditor or auditors.

15.2 The auditor/s shall examine and audit all club books and accounts

annually and have the power to call for all club books, papers,

accounts, receipts, etc., and report thereon to the AGM.

16. Alterations to the Constitution and By-Laws

16.1 No alteration, repeal or addition shall be made to the Constitution

except at the AGM or EGM called for that purpose.

16.2 The Secretary shall forward such notices of motions to each

Management Committee member at least fourteen days prior to the

AGM or seven days prior to an EGM.

16.3 Such motions, or any part thereof, shall fall unless passed by a 75%

majority of those present and entitled to vote at the AGM or EGM.

17. Discipline and Appeals

17.1 All complaints regarding the behaviour of a member or members should

be submitted in writing to the Secretary.

17.2 The Management Committee will meet to hear complaints within Thirtyone

(31) days of a complaint being lodged. The Committee has the

power to take appropriate disciplinary action including the termination of


17.3 The outcome of a disciplinary hearing should be notified in writing to

both parties to the complaint within Seven (7) days of the hearing.

17.4 There will be the right of appeal to an EGM, especially called for the

purpose, following the outcome of the disciplinary hearing being

announced. This appeal, in writing, shall be presented to the secretary

within 7 days of the date of the outcome letter noted in 17.3 above. The

EGM should consider the appeal within Thirty-one (31) days of the

Secretary receiving the appeal.

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18. Dissolution

18.1 A resolution to dissolve the Club can only be passed at an AGM or

EGM through a majority vote of the membership.

18.2 If, after the winding up of the Club, any property of the Club remains,

after satisfaction of debts and liabilities and the costs, charges and

expenses of that winding up, that property shall be distributed to either:

18.3 Another Club having objectives similar to those of the Club; or to the

SCA, or.

18.4 For charitable purposes, which purposes shall be determined by the

members present at the closing AGM or EGM.

19. Declaration

DEVERON CANOE CLUB hereby adopts and accepts this Constitution as a

current operating guide regulating the actions of members.

Signed: Date:



Signed: Date:



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