The Croquet Association Constitution
The Constitution of The Croquet Association
October 2021 Edition.
Contents
General and Definitions
1. Composition and Objects
2. Full and Affiliate Membership
3. Individual Members: Admission
4. Individual Members: Resignation
5. There is now no clause 5
6. Member Clubs and Member Federations: Admission
7. Member Clubs and Member Federations: Resignation
8. Complaints Procedure
9. There is now no clause 9
10. World Croquet Federation
11. Subscriptions
12. Governance
13. General Meetings: Annual General Meeting
14. General Meetings: Report and Accounts
15. General Meetings: Special General Meetings
16. General Meetings: Procedure
17. General Meetings: Election of President and Vice-Presidents
18. General Meetings: Election of Council
19. General Meetings: Postal or Electronic Voting
20. General Meetings: Election Of Honorary Secretary And Honorary Treasurer And Appointment Of Independent Examiner
21. Appointment of Staff
22. Council: Election of Chairman and Vice-Chairman
23. Council: Quorum
24. Council: Vacancies
25. Council and Executive Board: Committees and Panels
26. Indemnity
27. Laws or Rules and Regulations
28. Investments
29. Bank Accounts
30. Borrowing
31. Alteration of Constitution
32. Dissolution
The Constitution of The Croquet Association
General and Definitions
In this Constitution use of the masculine gender shall be deemed to include the feminine gender. The words in the first column shall bear the meanings quoted opposite them:
The Association |
The Croquet Association |
Calendar Fixture |
An event that appears in the Association's Fixtures Calendar |
Croquet |
Association and/or Golf Croquet as defined in the current Laws or Rules, including all forms of play described therein, and in the current Regulations for Tournaments. |
The Domain |
England |
The Home Area |
England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man |
The Council |
The governing body of the Association elected in accordance with Clause 12 below |
Home Member |
An Individual Member, Member Club or Member Federation resident or situated in the Home Area |
Federation |
An organisation of Croquet clubs situated in, or adjacent to, a region of the Home Area, which aims to further the objects of The Association in its region, in particular by supporting, representing and coordinating the activities of its clubs |
The Office |
The Association's office: The Croquet Association, Old Bath Road, Cheltenham GL53 7DF, telephone 01242 242318, email caoffice#croquet.org.uk |
1. Composition and Objects
The Association is called "The Croquet Association" and consists of a Patron, a President, Vice-Presidents, Individual Members (including Life and Honorary Individual Members), Member Clubs, Member Federations and Affiliate Members. Its objects are:
- To encourage, promote, develop and control Croquet in the Domain.
- To codify and publish the Laws or Rules of Croquet and Regulations for Tournaments applicable in the Domain.
- To assist Croquet clubs and provide coaches in the Domain.
- To assist the development of Croquet and its clubs in conjunction with its Member Federations.
- To represent the interests of its members in the Domain with Government departments and other bodies and organisations.
- Within the Domain to promote, hold and manage tournaments, matches and other events, to sanction championships and provide official managers, referees and handicappers.
- To represent the interests of its members and promote development of Croquet internationally.
- To enter individuals and teams in international events to represent the Domain, or groups of nations containing it, and to host and support such events.
The area in relation to which any or all of these objects may be pursued may be extended to all or part of the Home Area outside the Domain, subject to the agreement of the Council and any national association(s) recognised by the World Croquet Federation for the area concerned.
2. Full and Affiliate Membership
- Membership of the Association shall comprise Full Members and Affiliate Members.
- Full Members
Any individual shall be eligible for admission as an Individual Member, regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.
Any club providing facilities for the playing of Croquet, within the Home Area, shall be eligible for admission as a Full Member Club.
Any Federation shall be eligible for admission as a Member Federation, providing that a majority of its members are Member Clubs of The Association situated in its region and its region does not overlap that of another Member Federation. If more than one Member or applicant Federation includes or seeks to include an area within its region, the Council shall attempt to mediate, failing which it shall arbitrate, between them.}
- Affiliate Members
Groups of persons, clubs, groups of clubs, Federations, other Croquet associations and councils, which do not fulfil the conditions for full membership, may be eligible for admission as Affiliate Members on such terms and conditions as Council may from time to time determine.
- Full Members
- The Council may from time to time as it thinks fit, sub-divide Individual Members, Member Clubs, Federations and Affiliate Members into various classes for the purpose of classifying their rights, privileges and the subscriptions payable by them.
3. Individual Members: Admission
- Applications for admission as an Individual Member may be made either:
(i) by an individual, including the name, address and other contact details of the applicant and payment of, or authorisation to collect, the appropriate subscription, via the Association's website or sent to the Office; or
(ii) by a Member Club, on behalf of one of its members, providing information about them in such form as the Association shall require.
- The Council, on the recommendation of the Officers of the Association, may refuse an application only for good cause, including but not limited to conduct likely to bring the Association into disrepute or hinder its operation.
- Applicants are admitted as members and may exercise the privileges of membership immediately, though shall cease to be and do so if informed by the Hon. Secretary within 30 days that the Council has been recommended to refuse their application under (b) above.
- The Association, on the proposal of Council, may elect as Honorary Individual Members persons who have rendered special services to the Association.
4. Individual Members: Resignation
An Individual Member, who pays a subscription direct to the Association, who wishes to resign must inform the Office not later than 30 November in any year or remain liable for the subscription for the following year.
5. There is now no clause 5
6. Member Clubs and Member Federations: Admission
Member Clubs and Member Federations shall be admitted on such terms and conditions as Council may from time to time determine.
7. Member Clubs and Member Federations: Resignation
A Member Club wishing to resign must inform the Office not later than 30th November in any year or remain liable for the subscription for the following year. A Member Federation wishing to resign must give at least 28 days notice to the Honorary Secretary and pay any monies due to The Association.
8. Complaints Procedure
The Complaints Procedure is published by the Council with the aim of providing a process that is fair, effective and efficient, through which valid complaints can be resolved concerning maladministration or breaches of the Association's Constitution, policies, regulations or other governance documents, or other acts that are injurious to the character or interests of the Association. It is the responsibility of all those involved to ensure that complaints are handled fairly, promptly and correctly. Where appropriate and practicable, complaints should be resolved in the simplest possible manner. It is a condition of membership of the Association, for individuals, clubs and federations, that the procedure, which includes provision for arbitration, is their sole remedy against the Association, except for employment, contractual or tortious issues not concerning membership of the Association or events held under its jurisdiction.
9. There is now no clause 9
10. World Croquet Federation
While the Croquet Association is a member of the World Croquet Federation (WCF), it shall implement the provisions for reciprocal membership rights contained in the WCF Statutes.
11. Subscriptions and Entitlement to Membership
- The categories of membership and the annual subscriptions payable by Full Members shall be determined by the Council from time to time, provided
- the subscription of an Individual Member, who pays a subscription direct to the Association, shall not be raised by more than 50% above the rate payable for the previous year without the approval of a General Meeting; and
- the subscription of a Member Club is based on a per capita rate which shall not, without the approval of a General Meeting, be raised by an amount greater than that needed to match inflation in the period since the current rate first applied except that it may be rounded up to the nearest 5p. The value of the Retail Price Index (all items) for the April immediately preceding the coming subscription year compared to the value of that Index for the April immediately preceding the subscription year to which the current subscription rate first applied, is to be used as the measure of inflation.
- Membership of a Member Club shall entitle that member to be an Individual Member of the Association in the class determined by the Council under Clause 2(b). The entitlement is conditional upon the Member Club paying a per-capita subscription in respect of its members and supplying the information about them required by the Association. The entitlement also applies to individual members of a School or University Member Club, subject to a maximum of 30 per club at any time.
- notice of any alteration of subscriptions for the following year shall be given by 1 August either in the Association's official journal or electronically to each Member who has registered an address with the Office for such communication, failing which by post to all Home Members.
- All subscriptions for existing Individual Members and Member Clubs shall become due and payable to the Office on 1st January each year.
- Individual Members who pay a subscription direct to the Association whose subscriptions are in arrears shall not be entitled to any of the privileges of membership, including the right to play in Calendar Fixtures, unless they are entitled to Individual Membership under Clause 11(a)(iii). If they remain in arrears on 1 May, they shall forthwith cease to be Individual Members of the Association unless they are entitled to Individual Membership under that clause, but shall remain liable for their subscriptions.
- Individual Members who are entitled to Individual Membership under Clause 11(a)(iii) and whose Member Club's subscription is in arrears shall not be entitled to any of the privileges of membership including the right to play in Calendar Fixtures unless they are Individual Members under Clause 11(a)(i). If the Member Club's subscription remains in arrears on 1 May, its members shall forthwith cease to be Individual Members of the Association unless they are Individual Members under Clause 11(a)(i).
- Member Clubs whose subscriptions are in arrears shall not be entitled to any of the privileges of membership including the right to play in Calendar Fixtures. Member Clubs in arrears on 1 May shall forthwith cease to be members of the Association but shall remain liable for their subscriptions.
12. Governance
- There shall be a Council with overall responsibility for the affairs of the Association, with a focus on high-level policy, strategic initiatives, scrutiny and transparency.
- Day-to-day business (including authority to execute financial transactions, implementation of policy, and recommendation of new, or changes to, policy) shall be delegated to an Executive Board, which in turn can delegate to its committees. The Council can over-rule the Executive Board and its committees by passing a motion with two-thirds or more of the votes cast in favour.
- The Council shall consist of voting and non-voting members. Both are entitled to speak and receive copies of papers.
(i) The voting members shall be 12 members elected by Individual Members of the Association as specified by Clause 18.
(ii) The non-voting members shall be: the Honorary Secretary and Honorary Treasurer, elected by Individual Members of the Association as specified in Clause 20; the Chairman of the Executive Board, appointed by vote of the Council; and up to 3 co-opted members, appointed by vote of the Council to ensure that it has a diversity of background and experience.
(iii) In addition, the President and any guests invited by the Chairman of Council may attend meetings and speak but not vote.
- The Council shall elect its Chairman and Vice-Chairman from among its voting members.
- The Executive Board shall consist of the following voting members: its Chairman, the Honorary Secretary, the Honorary Treasurer, and up to 6 other members appointed by the Council. The CA Manager shall be a non-voting member. The President, Chairman of Council and any guests invited by the Chairman of the Executive Board may attend meetings and speak but not vote.
- A decision of the Council or the Executive Board must be rescinded if a motion to that effect is proposed at a General Meeting and passed by a majority of 6 to 4 of Individual Members voting.
- The Officers of the Association shall be the President, Vice-Presidents, the Chairman of Council, the Honorary Secretary, the Honorary Treasurer and the Chairman of the Executive Board. The offices of President and Vice-President convey no executive powers, but the holders of these offices shall be eligible for: election or co-option to the Council; appointment to the Executive Board; and membership of Council and Executive Board Committees.
- No member of Council or the Executive Board shall be paid by the Association except as follows:
- Reasonable expenses properly incurred when acting on behalf of the Association may be reimbursed.
- The Honorary Secretary and Honorary Treasurer may be given honoraria determined by other members of Council. The CA Manager shall be employed on terms determined by other members of the Executive Board.
- Payments may be made for specific tasks undertaken on behalf of the Association over and above those generally expected of Council and Executive Board members, as determined by the other members of those bodies.
13. General Meetings: Annual General Meeting
- A General Meeting of the Association shall be held annually in October at such time and place as the Council shall determine. The Honorary Secretary shall give at least 24 days notice of the meeting, accompanied by an agenda, either in the official journal of the Association or electronically to each Member who has registered an address with the Office for such communication, failing which by post to Home Members.
- If an Individual Member wishes
- to propose a candidate for the office of President, Honorary Secretary or Honorary Treasurer, or
- to propose a motion at an Annual General Meeting, except on a question arising out of the Report and Statement of Accounts, the election of the Honorary Secretary, Honorary Treasurer or members of Council, or the appointment of the Independent Examiner,
14. General Meetings: Report and Accounts
The Council shall submit to the Annual General Meeting a Report and Statement of Accounts for the preceding year signed by the Chairman of Council and accompanied by a Report from the Independent Examiner. Copies shall be available at the meeting and on request by Home Members shall be sent by post or transmitted electronically to them beforehand. The Report, Statement of Accounts and Report from the Reporting Accountants shall also be published on the Association's website and they or a summary of them in the official journal of the Association.
15. General Meetings: Special General Meetings
- The Council may call a Special General Meeting at any time.
- The Honorary Secretary shall call a Special General Meeting within one month of receiving a requisition in writing or electronically from at least 35 Full Members to consider such matters as shall be stated in the requisition.
- The Honorary Secretary shall give at least 24 days notice of the meeting, accompanied by an agenda, either in the official journal of the Association or electronically to each Member who has registered an address with Office for such communications, failing which by post to Home Members.
16. General Meetings: Procedure
- The quorum for both Annual and Special General Meetings shall be 12 Individual Members.
- The President or, in his absence one of the Vice-Presidents in order of seniority, or, in their absence, the Chairman or Vice-Chairman of the Council shall take the chair. In their absence the members present shall elect a member of the Council to take the chair.
- There is now no clause 16(c)
- The election of members of Council shall be determined in accordance with Clause 18. Motions proposed in accordance with Clause 13(b) and motions proposed at Special General Meetings shall be the subject of a postal or electronic vote in accordance with Clause 19. All other questions put to the vote at a meeting shall be decided by a show of hands and to succeed each resolution must be carried by a majority of Individual Members voting.
- Individual Members under the age of 16 years shall not be entitled to vote, hold office, be counted in a quorum, or be members of the Council.
- Proxy voting is not permitted.
- If a vacancy exists in the office of President, Honorary Secretary or Honorary Treasurer and there are no nominations, or the nominees refuse to stand or withdraw, the Council shall nominate a person at any time before the Annual General Meeting without prior notice. If no nominee is elected, the Council shall fill the vacancy as soon as possible thereafter.
17. General Meetings: Election of President and Vice-Presidents
- In the event of a vacancy in the office of President, candidates may be proposed as provided in clause 13(b). If one candidate is proposed, he or she shall be declared elected at the Annual General Meeting. If more than one candidate is proposed, a single ballot shall be held as follows:
- The Honorary Secretary shall issue a voting paper with the Agenda for the Annual General Meeting as required by Clause 13. The voting paper shall give the names of the candidates, their proposers and seconders (for any not proposed by Council) and such other relevant information about the candidates as the Council may reasonably require and the candidates are willing to supply.
- The voting paper must be signed and returned to the Office so as to arrive not later than the first post 10 days before the date of the Annual General Meeting. Alternatively, if so advertised, votes may be submitted by email to the Office from a registered address, or by other attributable electronic means, by the same time.
- Two scrutineers who are not members of the Council shall be appointed by the Chairman or Vice-Chairman of the Council to count the votes. In the event of a tie they shall decide who is elected by lot. The result and number of votes for each candidate shall be published after the candidates have been informed, and reported to the Annual General Meeting.
- Vice-Presidents may be nominated by the Council from among Individual Members or Benefactors to the Association or persons of distinction who are interested in Croquet. Any nominations shall be treated as motions and dealt with under clause 19.
18. General Meetings: Election of Council
- Each voting member of the Council, specified in Clause 12(c)(i), shall be an Individual Member of the Association elected to represent a Member Federation and the Member Clubs and Individual Members served by it, except that several Federations may be grouped to form a single constituency. A constituency may have one or more representatives, according to the number of Individual Members eligible to vote in it.
- The number of constituencies, their boundaries, the number of voting members of the Council to be elected to represent them, and the eligibility criteria to stand for and vote in them shall be determined by an Electoral Commission. The Commission shall also maintain and publish Election Rules to govern the procedure and timetable for elections, maintain an electoral register, and appoint a Returning Officer to conduct and declare the result of any election.
- The Electoral Commission shall be appointed by the President, the Honorary Secretary and the Honorary Treasurer, who shall all be eligible to serve on it.
- Federations within a constituency for which an election is being held shall be responsible for ensuring that at least the required number of suitably qualified candidates is nominated.
- Voting members of Council shall normally be elected for a term of three years, starting from the next AGM of the Association. They may serve for a maximum of three terms consecutively, following which they are ineligible for three years.
19. General Meetings: Postal or Electronic Voting
- If notice of motion has been given by an Individual Member or a motion proposed by the Council under Clause 13(b), or a Special General Meeting has been called or requisitioned, a voting paper shall be issued with the Agenda for meetings as required by Clauses 13 or 15(c), giving the terms of each motion to be proposed thereat.
- The voting paper must be signed and returned to the Office so as to arrive not later than the end of the tenth day before the date of the meeting. Alternatively, if so advertised, votes may be submitted by email to the Office from a registered address, or by other attributable electronic means, by the same time. Such votes shall be treated as postal votes in clauses 19(d) and 19(f) below.
- Two scrutineers who are not members of Council shall be appointed by the Chairman or Vice-Chairman of Council to count the votes. They shall record the number of votes cast for and against each motion.
- At the conclusion of the debate on each motion, the Chairman of the meeting shall call upon the Individual Members who have not cast a postal vote to vote upon the motion by a show of hands. The Chairman shall then call upon the scrutineers to announce the result of the postal vote and shall then declare the total number of votes cast for and against the motion.
- For a motion to be carried it must be carried by a majority of Individual Members voting.
- An Individual Member who has cast a postal vote but attends the meeting in person may cancel his postal vote and vote at the meeting provided he so informs the scrutineers before the result of the postal vote is announced.
- The Chairman of the meeting may require those who have voted at the meeting to identify themselves to the scrutineers.
20. General Meetings: Election of Honorary Secretary and Honorary Treasurer and Appointment of Independent Examiner
The Association shall elect Individual Members to the posts of Honorary Secretary and Honorary Treasurer and appoint an Independent Examiner of the Accounts at each Annual General Meeting. If more than one candidate is proposed for any of these positions, a ballot shall be held using the procedure set out in clauses 17(a)(i)-(iv). If a vacancy in any of these positions arises during the year between Annual General Meetings, Council shall appoint a substitute to hold office until the next Annual General Meeting.
21. Appointment of Staff
The Executive Board may appoint staff on such terms and conditions as it may from time to time determine.
22. Council: Election of Chairman and Vice-Chairman
At the first Council Meeting after the Annual General Meeting the Council shall elect a Chairman and Vice-Chairman to hold office until the first Council meeting after the next Annual General Meeting.
23. Council: Quorum
The quorum for ordinary Council meetings shall be six voting members.
24. Council: Vacancies
- If insufficient voting members of Council are elected for a constituency, the unfilled positions shall remain vacant until a further election is held, which shall be for the remainder of the intended term.
- If a voting member of Council becomes unwilling or unable to serve, as certified by the Chairman of Council, the position shall become vacant. If the term for which the member was elected has at least one year to run, a by-election shall be held for a new representative for the constituency, to serve for the remainder of that term.
25. Council and Executive Board: Committees and Panels
- The Council and the Executive Board may appoint committees and sub-committees consisting of Individual Members of the Association and may delegate some of their powers and duties to such committees. The body appointing a committee shall appoint its chairman and shall have the power to remove the chairman and to withdraw the powers delegated to the committee.
- To operate the complaints procedure referred to in clause 8, the Council may appoint
- a Complaints Administrator, failing which the Honorary Secretary shall so act;
- suitably experienced Individual Members of the Association to a pool from which members of Complaints Panels shall be drawn;
- past Presidents and Vice-Presidents of the Association, Chairmen of the Council and other suitable Individual Members of the Association to a pool from which members of Appeals Panels shall be drawn.
26. Indemnity
A member of the Council or the Executive Board who acts within the scope of his express or implied authority in the performance of his duties, and a member of the Croquet Association who so acts on behalf of the Council or the Executive Board and/or pursuant to their instructions, shall be entitled to be indemnified fully out of Association funds in respect of any claim arising therefrom, and in respect of any legal costs that are reasonably incurred in connection therewith, provided that such person:
- as soon as is reasonably practicable, but in any event within one month of being made aware of such claim, notifies the Honorary Secretary of the Association both of the existence of the claim and of the circumstances in which it has been brought;
- thereafter keeps the Honorary Secretary fully informed as to any developments relating to the same, and provides him with all relevant documentation; and
- complies with any directions of the Executive Board as to how the claim should be dealt with, including any directions as to whether the claim should be contested or compromised, or as to the terms of such compromise.
27. Laws or Rules and Regulations
- The Council shall determine the Laws or Rules of Croquet and Regulations for Tournaments to be used in the Domain, under Clause 1(b), in the light of any versions adopted by the World Croquet Federation, or proposed by bodies recognised by it to make recommendations on these matters.
- If the Council is satisfied that adequate opportunity has been given for Individual Members, Member Clubs and Member Federations to comment on a proposal to amend or adopt a new version of the Laws or Rules, the Council may approve it by passing, with a majority of at least 6 to 4, a resolution specifying the date on which it is to take effect, which fact shall be published in the Association's official journal and/or on its website.
- Power to change the regulations for tournaments and adopt temporary variations to the Laws or Rules and Regulations for Tournaments may be delegated by the Council to the Executive Board or one or more of its committees.
- The Council shall appoint one or more suitably qualified Individual Members of the Association, by default the Chairmen of the responsible committees, to decide questions on the interpretation of the Laws or Rules and Regulations for Tournaments. The Council may additionally delegate power to issue rulings and commentary on the Laws or Rules to bodies recognised by the World Croquet Federation to make recommendations on these matters.
- The Council shall appoint one or more Individual Members, by default the Chairmen of the responsible committees, to represent it on bodies recognised by the World Croquet Federation to make recommendations on these matters.
28. Investments
The Executive Board may invest any part of the property and funds of the Association, whether real or personal, that is not needed immediately for the ordinary purposes of the Association in such securities including real property as it may determine with power to sell or vary such securities at any time. Such investments shall be held for the benefit of the Association in the name of a trust company or in the names of at least two and not more than four Individual Members appointed by the Executive Board to be Trustees or held in any other legally acceptable manner on such terms and conditions as the Executive Board shall think fit provided always that the Executive Board shall retain the power to remove and to appoint such trust company or Trustees at any time.
29. Bank Accounts
The Executive Board shall maintain in the name of the Association such bank accounts as it deems necessary. The person or persons authorised to operate these accounts, to sign cheques and make other payments in respect of them shall be as determined by the Executive Board from time to time. These provisions shall be reviewed by the Executive Board at least once a year including at its first meeting following the Annual General Meeting. The persons so authorised shall keep account of all receipts and disbursements for which they are responsible.
30. Borrowing
- The Executive Board may authorise borrowing, for the purposes of the Association, of up to £10,000, without pledging property or investments as security. Any borrowing in excess of that, or the pledging of such security, requires the approval of a general meeting.
- The Executive Board shall have no power to pledge the personal liability of any member for repayment of any sums so borrowed.
31. Alteration of Constitution
Alterations in and additions to the Constitution shall not be made except by means of a motion proposed and seconded at an Annual or Special General Meeting. The voting shall be carried out in accordance with the provisions for voting set out in Clause 19, except that for the motion to succeed it must be carried by a majority of 6 to 4 of the Individual Members voting. Such alterations and additions shall come into force forthwith unless otherwise decided.
32. Dissolution
- The Association shall, and may only, be dissolved by passing a motion to do so at a general meeting of which due notice has been given, both of the meeting and the motion. The voting shall be carried out in accordance with the provisions for voting set out in Clause 19, except that for the motion to succeed it must be carried by a majority of 3 to 1 of the Individual Members voting.
- If the meeting is inquorate, a special meeting may be called with due notice to consider the same motion. That meeting shall not require a quorum.
- The motion shall specify how the assets of the Association, net of any liabilities, are to be distributed. Without limitation, they may be passed to a body with broadly similar objectives, distributed equally to its full member clubs, or be applied for such charitable purpose as may be decided.