Constitution

Our Constitution is really important to us, it sets out the regulations and guidelines that our organisation must adhere to. It was formally adopted by the South West BMX Association on 23rd January 2017

Constitution of the South West BMX Association

Regulations:
1 The Committee will be called: South West BMX or SWBMXA.
2 The Purposes of the Committee
a. The purposes of the Committee are to promote the sport of BMX within its boundaries,
boundaries may change based on the number of clubs operating or in conjunction with the
governing body.
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 the 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)
h. 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 South West BMX Committee shall be open to anyone interested in the sport on
application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religionor 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 non-discriminatory 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 to the relevant appointed British Cycling Region Board

5 All General Meetings
a. All members may attend all general meetings of the Committee in person
b. Such meetings need 14 clear days’ written notice to members
c. The quorum for all general meetings is 6 members present
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)
a. The Region will hold an AGM once in every calendar year and not more than 15 months after
the last AGM. At every AGM:
i. 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
ii. Election is by nomination. For roles without nominees, these can be filled at the
AGM. Each attending club holds one vote.
iii. The Treasurer will produce accounts of the Region for the latest financial year
audited as the Committee shall decide
iv. The Chair will present a report on the Region’s activities since the previous AGM
v. The Committee will appoint a suitable person to audit the accounts
vi. 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)
a. 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
a. Subject to these rules the Committee shall have responsibility for the management of the
Region, its funds, property and affairs.
b. Secretary/minutes secretary
i. The regional secretary shall within 10 days after any South West BMX meeting, send
a written report to all attendees and clubs with the region, the South West BMX
website 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
c. 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
d. 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;
e. 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. The Members will appoint a suitable person to audit the accounts
iv. Ensure event and club information is available via a website
v. Set race fees and registration process for regional series races
vi. Decide how accounts should be audited
vii. Decide on national event support (if required)
viii. Set guidance for the Regional Championships
ix. Set guidance for British Championships support (to include such items as deemed
necessary for the event)
x. 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:
1. Sell and supply food, drink and related sports clothing and equipment;
2. 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;
3. Pay for reasonable hospitality for visiting teams and guests;
4. 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 three 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:

1. At least 3 members must be present for the meeting to be valid
2. Committee meetings shall be held face to face
3. The Chair, or whoever else those present choose shall chair meetings
4. 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
5. A resolution in writing signed by every Committee member shall be valid
without a meeting
6. The chair of the meeting shall have a casting vote if a majority decision is
not reached

i. Delegation etc
i. 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
i. 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
i. 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
i. 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 Association
a. Voting
i. 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
i. The Region Committee will then be responsible for the orderly winding up of the
Region’s affairs

c. Disposal of Assets
i. After settling all liabilities of the Region, the Committee shall dispose of the net
assets remaining to one or more of the following:
1. To be split between all active clubs with the Region.
2. To the Region’s national governing body to be held for development
purposes within BMX, and within the same region