1. NAME. The Name shall be “The NAPGC” which is the National Association of Public and Proprietary Golf Clubs and Courses.
2. OBJECTIVES The objectives of the NAPGC shall be:-
2.1 To unite the Clubs at Public & Proprietary Courses in England and Wales, and their Course Management Authorities, in the furtherance of the interests of Amateur Golf. 2.2 To promote Annual Championships and such other Matches, Competitions and Tournaments as shall be authorised by the Executive of the NAPGC. 2.3 To represent the interests of NAPGC members clubs.
3. MEMBERSHIP Membership shall be limited to: 3.1 properly constituted Golf Clubs playing over Public and Proprietary Courses in England and Wales 3.2 Course Management Authorities of Public and Proprietary Courses in England and Wales.
4. ANNUAL AFFILIATION FEES The Membership Year begins on 1 November and ends on 31 October. The Annual Affiliation Fee shall be payable on admission to membership and subsequently on 1 November in each membership year. Affiliation Fees renewed on or before 10 January shall be discounted by 20%. Any Club or Course Management Authority whose Affiliation Fee remains unpaid after 10 January shall not be entitled to attend the Annual General Meeting. Membership privileges shall be reinstated if the Affiliation Fee is paid by 31 March in the Membership Year. Resignation from membership must be given in writing to the NAPGC Secretary before the Membership Year begins.
5. OFFICERS The Officers of the NAPGC shall be:- 5.1 The President 5.4 The Deputy Chairman 5.2 Immediate Past President 5.5 The Secretary 5.3 The Chairman 5.6 The Treasurer. The Chairman, Secretary and Treasurer shall be elected by the Council of the NAPGC at the AGM and shall hold office for three years when they shall retire but shall be eligible for re-election. No one person shall hold more than one of the posts of Chairman, Secretary and Treasurer concurrently. The offices of Chairman, Secretary and Treasurer are triennial posts and any vacancy arising during their terms of office shall be filled for the remainder of the year by the Executive, by cooption if necessary, and for any remaining full year(s) by election at the next AGM. TheExecutive shall endeavour to ensure a programme of election such that the posts of Chairman, Secretary and Treasurer do not all fall vacant at the same time. The Deputy Chairman shall also be elected by the Council of the NAPGC at the AGM and shall hold office until the next AGM, when he shall retire but be eligible for re-election. Any vacancy arising in the post of Deputy Chairman shall be filled by the Executive, by co-option if necessary, until the next AGM. Persons nominated for any of the posts of President, Chairman, Secretary or Treasurer shall be invited to attend and address a meeting of the NAPGC Executive prior to the AGM at which they are standing for election.
6. PRESIDENT AND VICE-PRESIDENTS The President and Vice-Presidents may hold this honour for life or until such time as they wish to resign. They shall be elected as follows:- 6.1 Nominations for President or Vice President should be made by the Executive itself or made to the NAPGC Secretary, in writing, by a properly authorised officer on behalf of an NAPGC club. If clubs nominate a person as a Vice President the nomination shall be received by the Association Secretary by no later than 31 October. 6.2 In order for a nomination to go to the Annual General Meeting it must receive the support of two thirds of the Executive who vote. (Abstentions will not be regarded as voting). 6.3 At the Annual General Meeting a simple majority of votes will suffice for election. The President shall be invited to attend and speak at meetings of the Executive and shall receive all relevant papers and will have a vote. Vice Presidents shall receive all relevant Committee papers (agendas, minutes and reports) and may attend and speak at meetings of the Executive at the discretion of the NAPGC Chairman. If they do attend thay shall not have a vote.
7. GOVERNMENT The Government of the NAPGC and the disposal of the NAPGC property and funds shall be vested in the Council of the NAPGC, (hereinafter referred to as the Council). The constitution of the Council shall be:- 7.1 The Officers of the NAPGC 7.2 The Zone Secretaries of the NAPGC 7.3 The Secretaries of Clubs affiliated to the NAPGC 7.4 The two representatives of the Course Management Authorities 7.5 Two (2) accredited delegates from each Club affiliated to the NAPGC. The Council shall, at the Annual General Meeting, elect the Officers of the NAPGC and Club Representatives to form the Executive of the NAPGC. The Council shall entrust the affairs and management of the NAPGC to the Executive of the NAPGC between Annual General Meetings.
8. EXECUTIVE OF THE NAPGC The Executive of the NAPGC (hereinafter referred to as the Executive) shall conduct the affairs of the NAPGC between General Meetings of the Council with such powers vested in them as determined by the Council and these Rules. The Executive is further charged with ensuring that all Rules contained in both the Constitution and the Conditions of NAPGC Championships, Matches and other Competitions are complied with and that the Executive shall ensure that any alleged breach of rule or discipline shall be dealt with in accordance with its published Disciplinary Procedure - “Instructions for the Procedure and Conduct of Disciplinary Committees in Relation to the Conduct of Individual Members and Member Clubs”. Any such Club, Player or Person, if found guilty, has the right to appeal to the Appeals Committee of the NAPGC. Any appeal must be lodged in writing, within 30 days from the date of the Disciplinary Committee’s decision to impose sanctions. The Constitution of the Executive shall be:- 8.1 The Officers of the NAPGC and the representative of the English Golf Union (EGU). 8.2 The Zone Secretaries of the NAPGC - these posts are triennial posts appointed by the Executive 8.3 The Executive may co-opt temporary members to act in an advisory capacity only. Such temporary members shall not have a vote. 8.4 A maximum of 24 Club Representatives elected at the Annual General Meeting. There shall be a maximum of 4 representatives from each of the six zones: Midland North Thames West North South Thames North Thames East South Coast No club may have more than 2 Club Representatives at any one time. The Club Representatives shall be elected for three years and shall be eligible for re-election. The Executive may fill any interim vacancy arising within the Club Representatives by co-option of a member from a club within the particular zone. Any Club Representative so co-opted shall serve until the AGM following co-option.
9. POWERS OF THE EXECUTIVE The Executive shall have full powers, entrusted to it by the Council in Annual General Meeting, to conduct the affairs, finances and management of the NAPGC within these Rules, and shall be the sole authority to interpret them. The Executive shall provide for matters not directly covered by individual Rule, and its decision in such cases shall be valid until and unless set aside by the Council in General Meeting. The Executive shall meet from time to time, and must be called together if a requisition signed by not less than five (5) members of the Executive be served upon the NAPGC Secretary requesting him to convene such a Meeting, and giving particulars of the business to be brought before the Executive. Such Meeting shall be called by immediate notice of not less than 14 days nor more than 28 days.
10. QUORUM At General Meetings three (3) Officers and twelve (12) Council Members shall form a quorum. At Executive Meetings two (2) Officers and six (6) Executive Members shall form a quorum. The Executive shall determine the quorum for Committee Meetings.
11. COMMITTEES and SUB-COMMITTEES The Executive may appoint Committees, and Sub-Committees, for any special objects under such terms of reference as shall be decided by the Executive, and to delegate to those Committees the powers of the Executive relating to those objects. The Chairman, Deputy Chairman, Secretary and Treasurer shall be “ex-officio” members of all such Committees, unless decided otherwise by the Executive, and shall have voting powers on these Committees. Committees and Sub Committees may co-opt temporary members to act in an advisory capacity only. Such Temporary Members shall have no right to vote on any Committee or Sub Committee. The Executive will establish an “Emergency Committee” - to take decisions if necessary between meetings of the Executive - comprising the Chairman, Deputy Chairman, Secretary, Treasurer and the Chairmen of other Committees. The Executive may appoint Trustees to act in accordance with the directions of the Executive in holding the property and investments of the NAPGC in their own names for the use and benefit of the NAPGC. The Trustees shall be indemnified by the NAPGC against any legal action and costs arising there from. Zone Committees shall be established annually in each Zone of the NAPGC and the composition of each Zone Committee shall be notified in writing to the NAPGC Secretary by the Zone Secretary prior to the first Executive meeting following the AGM. The function of Zone Committees shall be to advise the Executive on matters affecting the interests of their particular Zones, and to deal with any item of business specifically referred to them by the Executive. The Executive may co-opt members who are not members of the Executive to act in an advisory capacity.
12. COURSE MANAGEMENT COMMITTEE Course Management Authorities shall have the power at each Annual General Meeting to elect their own committee to deal with their separate interests within the Policy and Rules of the NAPGC.
13. ANNUAL GENERAL MEETING 13.1 The Annual General Meeting of the NAPGC shall be held in January of each year in an area and on a day agreed at the previous Annual General Meeting. 13.2 On or before the 30th September each year, the NAPGC Secretary shall advise the members of the Council of the venue, date and time of the Annual General Meeting. At the same time the NAPGC Secretary shall advise them that nominations to the Council and Executive and any Notices of Motion or proposed changes to the Constitution and Rules to be placed before the Annual General Meeting, must be received in writing by him no later than 30th November. The Executive Committee shall have until the end of its December Executive Meeting to do so. 13.3 If the nominations, Notice of Motion or proposed changes referred to in (13.2) are made by member clubs of the NAPGC they must be signed by the appropriate Club Secretary. 13.4 Not less than fourteen (14) days before the date of the Annual General Meeting, the NAPGC Secretary shall send to all members of the Council formal notice of the meeting. 13.5 The formal notice shall be accompanied by:- 13.5.1 The Annual Report of the NAPGC Secretary. 13.5.2 The Annual Statement of Accounts made up to the previous 31st October and duly examined by the appointed examiner(s). 13.5.3 The full Agenda and necessary supporting papers.
14. CONDUCT of the ANNUAL GENERAL MEETING 14.1 The Agenda for the Annual General Meeting, which may only be changed by a majority of those present and voting, shall be:- 14.1.1 Welcome from the Chairman of the NAPGC who shall chair the meeting but he may ask the Association President, if present, to chair the remainder of the meeting. In the absence of the Chairman his place shall be taken by the Deputy Chairman. In the absence of both Chairman and Deputy Chairman the Chair shall be taken by a member of the Council elected from those present on the day. 14.1.2 Apologies for absence. 14.1.3 Minutes of the previous Annual General Meeting. 14.1.4 Matters arising from those minutes. 14.1.5 Annual Report of the NAPGC Secretary. 14.1.6 Statement of Accounts for the previous financial year. 14.1.7 Approval of Annual Affiliation Fees and noting of Competition Entry Fees. 14.1.8 Election of President and/or Vice Presidents (if appropriate). 14.1.9 Election of Officers and Examiner(s). 14.1.10 Election of Club Representatives. 14.1.11 Changes to the Constitution and Rules 14.1.12 Special Resolutions. 14.1.13 To note the calendar of events for the coming year. 14.1.14 To receive items of any other business - these will only be discussed at the discretion of the Chairman. All relevant Items raised under any other business will be referred to the next meeting of the Executive. 14.1.15 Installation of the incoming Chairman. 14.1.16 To arrange the date, time and area for the next Annual General Meeting.
15. VOTING at an ANNUAL GENERAL MEETING 15.1 Voting at an AGM shall be on the basis of one vote for each member of the Council as detailed in the Government Section in para 7 earlier in the NAPGC Constitution and Rules. A simple majority of those present and voting shall suffice for all matters decided by vote. In the event of an equality of votes the Chairman of the meeting shall have a second or casting vote.
16. SPECIAL GENERAL MEETINGS 16.1 Special General Meetings may not be called to challenge or change decisions of the Executive, its Committees or Working Parties. They may only be convened to change, alter or repeal the NAPGC’s Constitution and Rules. 16.2 Special General Meetings may only be convened by either 16.2.1 A decision of the Executive or its Emergency Committee which should include the proposed wording. 16.2.2 A written request to the NAPGC Secretary signed by the Secretaries of ten (10) currently affiliated clubs whose committees have formally decided to request the SGM. This request shall be accompanied by the proposition(s) agreed by the club committees to be put to the SGM. 16.3 A Special General Meeting shall be convened by the NAPGC Secretary within 28 days of the decision in 2.1 or the request in 2.2. 16.4 The NAPGC Secretary shall give all members of the NAPGC Council at least 14 days notice of the agenda, time, date and venue of the SGM. 16.5 Only the business specified by the Executive or its Emergency Committee in 2.1 or the member clubs in 2.2 shall be discussed at the SGM. 16.6 Voting at a Special General Meeting shall follow the same procedure as for Annual General Meetings and set out in para 14.1.
17. ALTERATIONS OF RULES No new Rule shall be made, or any Rule altered or repealed unless Notice of such proposal shall have been received by the NAPGC Secretary, in writing, not later than 30th November in each year or was proposed by the Executive at a December meeting that year. Any such changes shall require a majority of two thirds of the votes cast at an AGM or SGM. Any new Rule or any altered or repealed rule so accepted by the Meeting shall be implemented immediately.
18. ADMINISTRATIVE DIVISION OF THE NAPGC At the discretion of the Executive, the NAPGC shall be divided into sections:- 18.1 COURSE MANAGEMENT AUTHORITIES On a National basis, subject to any revision by a Course Management Committee. 18.2 MEMBER CLUBS - On a Zone basis: Midland North North Thames East North Thames West South Thames South Coast
DEFINITIONS CLUBS Golf Clubs having written constitutions and affiliated to their appropriate National Unions through their County Unions. COURSE MANAGEMENT AUTHORITIES The officially nominated representatives of persons or bodies-corporate (including Limited Liability Companies) charged with the authority to manage Public and Proprietary Golf Courses. PROPRIETARY GOLF COURSE A course owned by an individual or organisation other than the Club which plays there.
NAPGC INSTRUCTIONS FOR THE PROCEDURE AND CONDUCT OF DISCIPLINARY COMMITTEES IN RELATION TO THE CONDUCT OF INDIVIDUAL MEMBERS AND MEMBER CLUBS.
1. In these instructions “the Rules” shall mean the Constitution and Rules of the NAPGC fromtime to time, the expressions “the NAPGC”, “Council” “Rules and the following definitionsshall bear the following meanings:- Individual Member: Any member of a club which is a member of the NAPGC. Appeal Committee: Three or more impartial members of the NAPGC’s Executive. D.C. Chairman: The Chairman of the NAPGC’s Disciplinary Committee. D.C. Secretary: The Secretary to the NAPGC’s Disciplinary Committee (who shall be the NAPGC’s Secretary). Disciplinary Committee: A committee of not less than three nor more than five impartial Members (appointed to conduct a particular inquiry) of which one member shall act as D.C. Chairman. Impartial Member: In relation to any particular inquiry, a person who has no particular interest in or involvement with the subject matter of that inquiry or with the Inquiree and is appointed in accordance with these Instructions to be a member of a Disciplinary Committee or Appeal Committee. PROVIDED THAT the presence of a member of a Disciplinary Committee at a meeting of the Executive Committee of the NAPGC which refers the matter to a Disciplinary Committee shall not of itself disqualify that member from being an Impartial Member for the purpose of that Inquiry. Inquiree: Any individual Member or Member Club of the NAPGC the subject of an Inquiry. Inquiry: An Inquiry held by or on behalf of the NAPGC concerning the conduct of an Inquiree.
2. (a) The NAPGC shall appoint a Standing Committee for Discipline. (b) The NAPGC’s Standing Committee for Discipline shall consist of seven members of the Executive of the NAPGC. The Chairman of the NAPGC (as defined in the Standing Orders of the NAPGC) shall nominate not less than three nor more than five impartial members of its Standing Committee for Discipline to act as the Disciplinary Committee for any particular inquiry to be conducted by the NAPGC and shall direct which of the members of that Committee shall be D.C. Chairman. (c) If in respect of any particular Inquiry, it is not possible for the NAPGC to find amongst the Standing Committee for Discipline enough Impartial Members, the Standing Committee forDiscipline shall appoint such other impartial person or persons (to the required number) to be a member of the Disciplinary Committee. Each such person so appointed shall for the purposes of these Instructions be deemed an Impartial Member. (d) At any Inquiry the members of the Disciplinary Committee concerned must be Impartial Members. (e) The Secretary of the NAPGC (or a deputy nominated by him for the purpose) shall act as D.C. Secretary. He shall attend and service the Disciplinary Committee as its clerk, but shall not be a member thereof, nor shall he act in a judicial capacity at any stage or have a vote.
3. An enquiry shall be initiated by either: (a) a complaining body sending to the NAPGC a written report of the identity of the Inquiree and details of the conduct to be considered, or 1918 (b) the Executive Committee of the NAPGC referring any complaint to its Secretary by written report, detailing the identity of the Inquiree and details of the conduct to be the subject of an Inquiry.
4. On receipt of a report under clause 3, the Secretary of the NAPGC shall as soon as practicable: (a) inform the Chairman of the NAPGC’s Executive Committee who shall exercise the power set out in clause 2. (b) assemble such facts as are reasonably available. (c) notify the Inquiree of the complaint made against him and inform the Inquiree that if he wishes he may submit in writing any observations on the complaint. It must be made clear to the Inquiree that the Inquiree is under no obligation to make any statement at that stage but that any statement which the Inquiree wishes to make must be submitted within 7 days. (d) on the expiration of 7 days from such notification to the Inquiree, convene a meeting of the Disciplinary Committee by serving not less than 14 days notice of the date, time and place of the hearing on the members of the Disciplinary Committee, the Inquiree and such other bodies or persons as the D.C. Chairman decides are appropriate. There shall be annexed to the notice a copy of these instructions, a copy of the report under clause 3, a copy of any statement submitted by the Inquiree and a statement of any other facts of which the Secretary of the NAPGC is aware and is likely to assist the Disciplinary Committee and the parties to the Inquiry.
5. (a) At every Inquiry, the Inquiree shall have the right to be present in person, the right tobe represented and the right to furnish evidence. (b) Evidence of the conduct being considered shall be presented by personal evidence or by written report as the D.C. Chairman shall determine. The D.C. Chairman shall have the right to proceed with the Inquiry in the absence of the Inquiree. (c) The Disciplinary Committee may appoint a legal representative to attend an Inquiry and advise the Disciplinary Committee. Such legal representative shall not have a vote.
6. An Inquiry shall be conducted as follows:- (a) The D.C. Secretary shall (unless all parties agree to take them as read) read the report and statement annexed to the notice of meeting. (b) The Inquiree shall be advised by the D.C. Chairman that he may either submit a written statement or make a verbal statement to the Disciplinary Committee or remain silent. The Inquiree shall be further advised that if he makes a statement to the Disciplinary Committee it will carry more weight, but that he will be liable to be asked questions by the Disciplinary Committee. (c) Witnesses may be called, make statements and be questioned. (d) The Disciplinary Committee shall consider its decision. Only members of the Disciplinary Committee shall be present when it is considering its decision, but the Disciplinary Committee may be attended by its legal adviser. (e) The Chairman may announce the decision in open session immediately or adjourn the Inquiry to allow the Disciplinary Committee to consider its decision. In the latter case the Disciplinary Committee shall reach a decision with 7 days of the date of the adjournment. (f) The D.C. Secretary shall take minutes of the proceedings. Provided always that the D.C. Chairman may admit such other matters as he may consider relevant and decide the procedure and order thereof (including the adjournment of the Inquiry) as he may deem appropriate, bearing in mind the requirements at all times to give the Inquiree a fair hearing.
7. Within 7 days of the announcement of the decision of the Inquiry, the D.C. Secretary shall servewritten notice of its decision and findings on the Inquiree and all other persons and authoritiesconcerned.
8.A record of all Inquiries and decisions and the minutes thereof must be maintained by theNAPGC for a minimum period of 3 years.
9. (a) An Inquiree may by written notice appeal against the decision of the relevantDisciplinary Committee to the Executive of the NAPGC. Such notice shall be served on theNAPGC within 14 days of the announcement to or the service on the Inquiree of the decisionby the relevant Disciplinary Committee under clause 7. If such notice, together with the depositunder clause 10, shall not be served within the said 14 days, the Inquiree’s right of appeal shallbe void. (b) On receipt of a notice of appeal the Secretary of the NAPGC shall inform the Executive Committee of the NAPGC which shall as soon as possible appoint an Appeal Committee for the purpose of dealing with the appeal. (c) From the date of receipt by the NAPGC of a notice of appeal until the determination of the appeal the decision of the relevant Disciplinary Committee shall be suspended.
10. An Inquiree shall, when sending a notice of appeal under clause 9, contemporaneously lodgewith the NAPGC a cash deposit as follows: Appeal by a Member Club £100 Appeal by an Individual £50 If the appeal is successful, the NAPGC shall return the cash deposit to the Inquiree. If the appeal is unsuccessful, the relevant Appeal Committee may (at its discretion) apply all or part of the cash deposit to defray the expenses of the appeal and may (at its discretion) retain any balance or return it to the Inquiree. If the cash deposit is not sufficient to defray the expenses of the appeal, the NAPGC may (as its discretion) require the Inquiree to pay the balance and the Inquiree shall then be liable for any balance and shall forthwith pay it on demand. The amount of such balance shall be limited to a sum equivalent to the initial cash deposit.
11. The appeal shall be heard by the duly appointed Appeal Committee. The D.C. Secretary shallact as Secretary to the Appeal Committee. Clause 2 and clauses 3 through 8 shall apply to theconduct of an appeal subject only to the substitution of “Appeal Committee” for “Disciplinary Committee” and “Appeal” for “Inquiry” throughout.
12. The decision of an Appeal Committee shall be final and there shall be no right of appeal by theInquiree or any other person or body against it.
13. All notices to be given or served by any person or body under the provisions of these Rules shallbe served by hand on, or sent by recorded delivery first class post to, the addressee at his or itslast address known to the sender. In the case of a Member Club, the notice shall be addressedto the last known Secretary thereof at the address of the club. Notices delivered by hand shallbe deemed to be served at the time of delivery. Notices sent by post shall be deemed to bedelivered on the day recorded. The relevant notice period shall commence with the date ofreceipt of the notice.