SOUTH WESTERN COUNTIES GOLF ASSOCIATION
(The South West Group of the English Golf Union Limited trading as England Golf)
(Revised in 1989, further revisions in 1997, 2000, 2002, 2003, 2006 and in 2012)
The Association shall be called the “South Western Counties Golf Association”.
The Association shall consist of the County Golf Unions of Cornwall, Devon, Dorset, Gloucestershire, Somerset and Wiltshire and shall be a non-profit making organisation.
The objects of the Association are to uphold the Rules of Amateur Status for the time being in force, the Rules of Golf as promulgated from time to time by the Royal & Ancient Golf Club of St Andrews; to promote and support the objectives and recommendations of England Golf; to promote meetings annually for the Amateur Championship (to include the Youths Championship), the Inter-County Team Championship, the U16/U14 Boys’ Championship, the Boys’ Championship, the Seniors’ Championship and any other South Western Counties Amateur Championship as may be arranged from time to time but in all cases for male amateur golfers only, and to promote the interests of golf generally.
(a) The Officers of the Association shall be: -
[I] The President
[II] The Senior Vice-President
[III] The Junior Vice-President
[IV] The Immediate Past President
[V] The Secretary who may also act as Treasurer
(b) All Officers shall be elected annually at the Annual General Meeting and shall hold office from the conclusion of the Inter-County Championship Meeting of the Association during which the Annual General Meeting is held [see Rule 10 (a) post] to the conclusion of the Inter-County Championship Meeting next following, or, in the event of the Annual General Meeting being held on a date after the Inter-County Championship Meeting, from the conclusion of the Meeting at which they are elected until the conclusion of the Inter-County Championship Meeting next following.
(c) The Executive Committee shall nominate [subject to sub paragraph (d) below] persons for election as the Officers of the Association and notice of such nominations shall be given in the notice convening the Annual General Meeting.
(d) Each County Golf Union shall, by rotation, nominate to the Executive Committee its nominee for Junior Vice-President, the Executive Committee deciding the order of rotation. Thereafter it shall normally be the case for the President to hold office for one year only with the Senior Vice-President succeeding him and the Junior Vice-President succeeding the Senior Vice-President. The nominations for all officers of the Association shall be submitted in writing to the Secretary not less than 42 clear days prior to the date of the Annual General Meeting.
(e) (i) If at any time a vacancy in the position of President shall occur, the Immediate Past President shall forthwith assume the office of President for the unexpired term of the President originally in office. In the case of a vacancy in the office of Senior Vice-President, the Junior Vice-President shall forthwith assume the office of Senior Vice-President for the unexpired term of the Senior Vice-President originally in office. In the case of a vacancy in the office of Junior Vice-President, the County Golf Union of the vacating Junior Vice-President shall as soon as possible nominate a nominee for Junior Vice-President and upon the secretary being advised in writing of such nominee, such nominee shall forthwith assume the office of Junior Vice-President for the unexpired term of the Junior Vice-President originally in office. Thereafter, the order of rotation as it was prior to the vacancy in the office of either the Senior or Junior Vice-President occurring, shall be resumed save that in the case of a vacancy in the office of Senior Vice-President, the County Union of the vacating Senior Vice-President shall be the first in line in the order of rotation in those circumstances only.
(ii) If at any time a vacancy occurs in the position of Secretary, the Executive Committee may appoint a person to fill the vacancy and the person appointed shall hold office until the next following Annual General Meeting.
5. EXECUTIVE COMMITTEE
(a) The Executive Committee [throughout these Rules referred to as “The Executive Committee”] shall consist of:
(i) The Officers of the Association
(ii) Two Representatives [hereinafter referred to as “the County Representatives”] from each County Golf Union. One of such two County Representatives shall in each case be the Secretary or Honorary Secretary of such County Golf Union whilst the other Representative shall normally be nominated by his County Golf Union for a period of not less than two years.
(iii) An Auditor [see Rule 14]
(iv) The Representatives [EG Voting Members] elected by each County Union to attend General Meetings of England Golf as a Voting Member. One of the six EG Voting Members shall be required to report to the Executive Committee on all England Golf matters for himself and the other five EG Voting Members as from 28th February in each year. The order of rotation in which each EG Voting Member shall report in accordance with the above shall be the same as prescribed in Rule 10 (d) post.
(v) The Junior Golf Officer who shall normally be the Association’s Regional Coaching Manager appointed by England Golf to serve upon the Regional Coaching Committee of England Golf.
(vi) Nominations by the Executive Committee of normally up to two persons who have particular knowledge and experience beneficial to the Association.
(b) The County Representatives shall be nominated annually by each County Golf Union with such nominations being delivered to the Secretary by not later than 42 clear days prior to the date of each and every Annual General Meeting of the Association but in the case of the Secretary or Honorary Secretary of each County Union, such nomination shall automatically change upon any change of person fulfilling that position or office in the County Golf Union or Unions in question.
(c) A list of all such nominated County Representatives and EG Voting Members shall be included in the Agenda of each and every Annual General Meeting for the purpose of being noted.
6. MANAGEMENT POWERS OF THE EXECUTIVE COMMITTEE
The affairs of the Association shall be managed by the Executive Committee between the Meetings of the Council but subject to such resolutions from time to time of the Council.
7. PROCEEDINGS OF THE EXECUTIVE COMMITTEE
(a) The Executive Committee shall meet at such times and places as it shall from time to time decide and preferably to include meetings before any scheduled General Meeting of England Golf.
(b) A Special Meeting of the Executive Committee may be called at any time by the Secretary and shall be convened by him upon a requisition signed by not less than two Officers of and on behalf of not less than three County Unions.
(c) Reasonable notice of every Meeting of the Executive Committee shall be given by the Secretary to every member of the Executive Committee except any member to whom by reason of his absence from his permanent residence it is impracticable to give effective notice.
(d) Nine members of the formally elected and appointed Executive Committee shall constitute a quorum.
(e) The President for the time being of the Association shall act as Chairman at all Meetings of the Executive Committee. If at any Meeting the President is not present, the Immediate Past President or if he is not present, the Senior Vice-President shall act as Chairman and in any other circumstance, the Meeting shall choose one of their number to be Chairman of the Meeting.
(f) Questions arising at any Meeting of the Executive Committee shall be decided by a majority of votes. In the case of an equality of votes, the Chairman of the Meeting shall have the power to exercise a second and casting vote.
(g) The Executive Committee shall be empowered to delegate any of its powers and/or duties to such Sub-Committees out of its members as it may from time to time consider appropriate and for whatever purpose with power to co-opt any other person who may have particular knowledge and experience beneficial to the Association.
(h) The Executive Committee shall arrange and settle all matters appertaining to the form of Agenda for any General Meeting.
The Council shall consist of:-
[i] The current members of the Executive Committee
[ii] In addition to [i] above, one additional Representative from each of the County Golf Unions.
[iii] The President of the Association who retired as the Immediate Past President at the conclusion of the immediate past Annual General Meeting.
[iv] The Captain and the Vice-Captain for the time being of the Association.
9. POWERS OF THE COUNCIL
The general affairs of the Association shall be managed by the Council. On no occasion shall the Association make a distribution of any profits or surpluses save to another non-profit making body. It shall not pay an honorarium or a salary part of which is calculated with reference to its profits or surpluses. Further the Association shall not purchase goods or services for more than the normal market price from an officer of the Association, shadow officer, intermediary or connected person.
10. GENERAL MEETINGS
(a) An Annual General Meeting of the Council shall normally be held on the Monday during the Inter-County Championship Meeting of the Association or at such other time and place as shall be determined by the Executive Committee but not in any event after 31st July next following the end of the last Financial Year
(b) The Executive Committee may, whenever it thinks fit, convene an Extraordinary General Meeting and shall do so on the written requisition of not less than three County Golf Unions such requisition to be signed by not less than two Officers of such County Golf Unions and shall clearly and concisely state the proposition to be placed before any such General Meeting.
(c) All business transacted at an Annual General Meeting shall be Special Business [requiring a Special Resolution under sub paragraphs (f) and (g) post] except the approval of the Minutes of any previous General Meetings; the adoption of the audited Accounts for the last financial year, the amount of the annual subscription or subscriptions payable by each County Golf Union; the election of the Officers of the Association; the appointment of an Auditor; the appointment of a Captain and Vice-Captain; the election of a Selection Committee; the noting of the EG VotingMembers for the current and immediate following year of England Golf; the confirmation of the venues of the Association’s Championships and like Meetings for the minimum period of the next following three years.
(d) The nomination of Vice-Captain shall be by the County Unions in rotation beginning at the inception of this rule with Cornwall followed thereafter by Wiltshire, Devon, Somerset, Gloucestershire and Dorset. All nominations shall be subject to the approval of the Executive Committee and notice of such nomination shall deemed to have been given to the Secretary of the Association if the required approval is contained in a resolution of the Executive Committee not less than 42 days before the date of the Annual General Meeting when such appointment shall be confirmed. The Captain and the Vice-Captain shall normally serve for one year only and the Vice-Captain shall succeed the retiring Captain. The nominated candidate shall preferably be a person who has previously been selected and / or played for the Association against the Midland Group, or any other like Group, or in the alternative but solely in the case of a County Union in their view having no such candidate available, a person who has been the Captain of his County at the Annual Inter-County Team Championship Meeting of the Association.
(e) If at any time a vacancy occurs either in the position of a County Representative [other than the Secretary or Honorary Secretary] or the EG Voting Member it shall be filled by the County Union in question and the name of such replacement shall be notified to the Secretary as soon as practicable thereafter.
(f) Not less than 28 clear days’ notice in writing of every Annual General Meeting or 14 clear days’ notice of any other General Meeting, specifying the place, date and time of the Meeting and the nature of the business to be transacted thereat, shall be given to all members of the Council save that in the case of the additional Representatives from each County Golf Union referred to in sub-paragraph (ii) of the preceding Rule 8, such notice shall deemed to have been given if sent by First Class pre-paid post or e-mail to the Secretary or Honorary Secretary of each County Golf Union.
(g) Any two County Golf Unions through their respective Secretaries shall submit to the Secretary of the Association not less than 42 clear days prior to the date of the Annual General Meeting, any proposition for consideration by that Meeting. Each such proposition from the County Golf Unions shall be submitted in writing countersigned by not less than two officers of each of the County Golf Unions submitting such proposition and in the case of the Executive Committee by the minutes of that Committee providing such Meeting shall have been held and closed not less than 35 clear days prior to the date of the Annual General Meeting.
(h) No business shall be transacted at any General Meeting unless a quorum of 12 is present.
(i) The President of the Association shall preside at every General Meeting of the Association, or if he is not present, the Immediate Past President or if he is not present, the Senior Vice-president or in any other circumstance, such person as the Meeting shall appoint to act as Chairman.
(j) All propositions put to the vote at a General Meeting shall be decided on a show of hands except in the case of Rule 16 post. In the case of equality of votes upon any proposition, the Chairman of the Meeting shall have the power to exercise a second and casting vote. For the avoidance of doubt, no deputies or proxies shall be entitled to be present with voting rights at any General Meeting.
11. VOTING RIGHTS
All persons who at any time comprise the Council in accordance with Rule 8 herein shall be entitled to vote at the Annual General meeting of the Council, at any Extraordinary General Meeting of the Council, or, as the case may be, at any Meeting of the Executive Committee or any Sub- Committee thereof, except that no Representative from a County Golf Union whose subscription or subscriptions or any part or parts thereof is / are in arrears, shall be entitled to vote at any Meeting of the Association. No person who is in receipt of a salary from the Association shall be entitled to vote on any occasion.
12. ANNUAL SUBSCRIPTIONS
Each County Golf Union shall pay to the Association an annual subscription, the amount of which shall be determined each year at the Annual General Meeting, and the amount shall be the same for each County Golf Union. A County Golf Union whose subscription is unpaid for one calendar month shall cease to be a member of the Association unless the Executive Committee for good reason shall otherwise determine. Any County Golf Union wishing to retire from the Association shall send notice of its withdrawal to the Secretary before 1st December in any year or shall otherwise remain liable for the subscription for the ensuing year.
13. FINANCIAL YEAR
Unless otherwise varied by the Executive Committee, the Financial Year shall end on 31st December each year.
14. ACCOUNTS AND APPOINTMENT OF AN AUDITOR
(a) At every Annual General Meeting, the Executive Committee shall lay before the Meeting the Annual Accounts of the Association, comprising an Income and Expenditure Account for the year ended and a Balance Sheet as at 31st December of the preceding year.
(b) At each Annual General Meeting the Auditor of the Association shall be appointed by resolution of the Meeting to hold office from the conclusion of that Meeting until the conclusion of the next Annual General Meeting.
(c) The Executive Committee shall nominate a person or persons for appointment as the Auditor of the Association and notice of such nomination shall be given in the notice convening the Annual General Meeting.
(d) Any two County Golf Unions may nominate in writing, a person or persons for appointment as the Auditor of the Association provided such nomination is signed by them and, by way of acceptance of the nomination, by the nominee to the Annual General Meeting. Such nomination shall be submitted to the Secretary not less than 42 clear days prior to the date of the Annual General Meeting.
(e) For these purposes reference to an Auditor in the capacity of a Reporting Accountant refers to a member of a recognised professional accountancy body as defined by S.249 D.C.A. 1985
15. PROFESSIONAL GOLFERS
No Professional Golfer of any classification whatsoever shall be allowed to represent any County Golf Union of which he may be a member at any General Meeting of the Council or be a member of the Executive Committee.
16. ALTERATION OF RULES
No alteration or amendment shall be made in the Rules of the Association without a majority of two-thirds of those present and voting at an Annual General Meeting or Extraordinary General Meeting of the Council. Any such alteration or amendment that may be made shall not come into effect [unless the Meeting shall otherwise direct] until the First day of January next following.
Any complaint of whatsoever nature concerning any matter or person associated with the Association shall be made in writing to the Secretary who, if he is unable to deal with it himself, shall submit it as soon as practically possible to the Executive Committee whose decision shall be final.
All matters relating to the discipline of any player competing in any Championship or Match of the Association, or any person elected or appointed to any Committee or to the Council of the Association shall, where there is cause so to do, be dealt with in pursuance of and in compliance with the procedure for the time being laid down by England Golf and the Executive Committee shall be empowered [under Rule 7(g) ante] to appoint any Disciplinary Committee required for the purpose of determining any disciplinary matter brought to the attention of the Association.
The Executive Committee shall be the sole authority for the interpretation of these Rules and the decision of the Executive Committee upon any question of interpretation, or upon any matter affecting the Association, not provided for by these Rules, shall be final and binding on all members of the Council and each of the County Golf Unions.
20. RESPONSIBILITY FOR EXPENDITURE
Apart from normal running expenditure controlled by the Treasurer, no elected or appointed member of the Executive Committee shall incur any expenditure on behalf of the Association unless expressly authorised in that behalf by a resolution or direction of the Executive Committee.
If at any Annual General Meeting of the Council, a proposition for the dissolution of the Association shall be passed by a majority in favour of those persons present and voting at such meeting, the Secretary shall convene an Extraordinary General Meeting of the Council for a date within the next 28 days and if at that meeting, the resolution be confirmed by a further resolution being passed by a majority of not less than two thirds of such persons present and voting, the Executive Committee shall thereupon proceed to realise the assets of the Association and after the discharge of all liabilities, distribute the net proceeds of realization only to another non-profit making body or bodies as shall be decided by the Council. On completion of the distribution, the Association shall be deemed to have been dissolved.