North West Durham Angling Club
Constitution 2023
North West Durham Angling Association
Constitution
Rev 4
This Constitution is based upon the “Charitable Associations: Model Constitution” document, for unincorporated associations, published by the Charity Commission and reproduced with consent
Crown copyright 2009
North West Durham Angling Club
Constitution 2023 Rev 4
Change and approval status
Original document - Adopted on the 9th March 2015 at the Annual General Meeting of NWDAA.
a] Minor amendment 1 – Adopted at March 2018 AGM – Part 2, 8 -1 membership level explanation
b] Amendment to Quorum process/AGM meetings 12[7] Approved unanimously AGM responses
March 2021
c] Trustees update Nov 2022 – Now - CR, RB, AW, EB, BW
d] Required Quorum numbers update – reduced to 35 and approved at 2023 AGM – section 12/2 below
e] Affiliate members will be invited to attend. Again approved at 2023 AGM New section 12/8 below
Part 1
-
Adoption of the constitution
North West Durham Angling Association and its property will be administered and managed in accordance with the provisions in Parts 1 and 2 of this constitution.
2. Name
The associations name is:- North West Durham Angling Association.
(and in this document it is called the club).
3. Objects
The club's objects ('the objects') are:-
To provide fishing for its members in the reservoirs of Waskerley, Smiddy Shaw, and Hisehope;
To promote and further the interests of the club and other clubs or associations having similar aims.
To ensure all present and future members receive fair and equal treatment.
4. Application of income and property
(1) The income and property of the club shall be applied solely towards the promotion of the objects.
(a) A club trustee is entitled to be reimbursed from the property of the club or may pay out of such property reasonable expenses properly incurred by him or her when acting on behalf of the club.
(b) A club trustee may benefit from trustee indemnity insurance cover purchased at the club's expense in accordance with, and subject to the conditions in, section189 of the Charities Act 2011.
(2) None of the income or the property of the club may be paid or transferred directly or indirectly by way of dividends, bonus or otherwise by way of profit to any member of the club. This does not prevent a member who is not also a trustee from receiving:
(a) a benefit from the club in the capacity of a beneficiary of the club;
(b) reasonable and proper remuneration for any goods or services supplied to the club.
5. Benefits and payments to club trustees and connected persons
(1) General Provisions
No club trustee or connected person may:
(a) buy or receive any goods or services from the club on terms preferential to those applicable to members of the public;
(b) sell goods, services or any interest in land to the club
(c) be employed by, or receive any remuneration from the club;
(d) receive any other financial benefit from the club;
unless the payment is permitted by sub-clause (2) of this clause or authorised by the Court or the Charity Commission ('the Commission'). In this clause, a 'financial benefit' means a benefit, direct or indirect, which is either money or has a monetary value.
(2) Scope and powers permitting trustees' or connected persons' benefits
(a) A club trustee or connected person may receive a benefit from the club in the capacity of a beneficiary of the club provided that a majority of the trustees do not benefit in this way.
(b) A club trustee or connected person may enter into a contract for the supply of services, or of goods that are supplied in connection with the provision of services, to the club where that is permitted in accordance with, and subject to the conditions in section185 of the Charities Act 2011.
(c) Subject to sub-clause (3) of this clause a club trustee or connected person may provide the club with goods that are not supplied in connection with the service provided to the club by the club trustee or connected person.
(d) A club trustee or connected person may receive interest on money lent to the club at a reasonable and proper rate which must be not more than the Bank of England rate (also known as the base rate).
(e) A club trustee or connected person may receive rent for premises let by the trustee or connected person to the club. The amount of the rent and the other terms of the lease must be reasonable and proper. The club trustee concerned must withdraw from any meeting at which such a proposal or the rent or other terms of the lease are under discussion.
(f) A club trustee or connected person may take part in the normal trading and fundraising activities of the club on the same terms as members of the public.
(3) Payment for supply of goods only – controls
The club and its club trustees may only rely on the authority provided by sub - clause 2(c) of this clause if each of the following conditions is satisfied:
(a) The amount or maximum amount of the payment for the goods is set out in an agreement in writing between the club and the club trustee or connected person supplying the goods ('the supplier') under which the supplier is to supply the goods in question to or on behalf of the club.
(b) The amount or maximum amount of the payment for the goods does not exceed what is reasonable in the circumstances for the goods in question.
(c) The other club trustees are satisfied that it is in the best interest of the club to contract with the supplier rather than with someone who is not a club trustee or connected person. In reaching that decision the club trustees must balance the advantage of contracting with a club trustee or connected person against the disadvantages of doing so.
(d) The supplier is absent from the part of any meeting at which there is discussion of the proposal to enter into a contact or arrangement with him or her or it with regard to the supply of goods to the club.
(e) The supplier does not vote on any such matter and is not to be counted when calculating whether a quorum of club trustees is present at the meeting.
(f) The reason for their decision is recorded by the club trustees in the minute book.
(g) A majority of the club trustees then in office are not in receipt of remuneration or payments authorised by clause 5.
(4) In sub – clauses (2) and (3) of this clause:
(a) 'the club' includes any company in which the club:
(i) holds more than 50% of the shares; or
(ii) controls more than 50% of the voting rights attached to the shares; or
(iii) has the right to appoint one or more trustees to the board of the company.
North West Durham Angling Club
Constitution 2019
(b) 'connected person' includes any person within the definition set out in clause 34 (interpretation).
6. Dissolution
(1) If the members resolve to dissolve the club the trustees will remain in office as club trustees and be responsible for winding up the affairs of the club in accordance with this clause.
(2) The trustees must collect all the assets of the club and must pay or make provision for all the liabilities of the club.
(3) The trustees must apply any remaining property or money:
(a) directly to the objects;
(b) by transfer to any other club or clubs for purposes the same or similar to the club.
(4) The members may pass a resolution before or at the same time as the resolution to dissolve the club specifying the manner in which the trustees are to apply the remaining property or assets of the club and the trustees must comply with the resolution if it is consistent with paragraphs (a) and (b) inclusive in sub – clause (3) above.
(5) In no circumstances shall the net assets of the club be paid to or be disbursed among the members of the club (except to a member that is itself a charity).
7. Amendment of constitution
(1) The club may amend any provision contained in Part 1 of this constitution provided that:
(a) no amendment may be made to alter the objects if the change would undermine or work against the previous objects of the club;
(b) any resolution to amend a provision of Part 1of this constitution is passed by not less than two thirds of the members present and voting at a general meeting.
(2) Any provision contained in part 2 of this constitution may be amended, provided that any such amendment is made by resolution passed by a simple majority of the members present and voting at a general meeting.
Part 2
8. Membership
(1) Membership is open to individuals who are 7 or over [Juniors], those who are 16 at time of renewal [up to 18 ‘Student membership’], over 18 full membership or organisations who are approved by the trustees.
(2) (a) The trustees may only refuse an application for membership if, acting reasonably and properly, they consider it to be in the best interest of the club to refuse the application.
(b) The trustees must inform the applicant in writing of the reason for the refusal within twenty-one days of the decision.
(c) The trustees must consider any written representations the applicant may make about the decision. The trustees decision following any written representation must be notified to the applicant in writing but shall be final.
(3) Membership is not transferable to anyone else.
9. Termination of membership
Membership is terminated if:
-
the member dies or, if it is an organisation, ceases to exist;
(2) the member resigns by written notice to the club unless, after the resignation, there would be less than two members;
(3) any sum due from the member to the club is not paid in full within one month of it falling due;
(4) the member is removed from membership by a resolution of the trustees that is in the best interest of the club that his or her membership is terminated. A resolution to remove a member from membership may only be passed if:
(a) the member has been given at least twenty-one days notice in writing of the meeting of the trustees at which the resolution will be proposed and reasons why it is to be Proposed;
(b) the member or, at the option of the member, the members representative (who need not be a member of the club) has been allowed to make representations to the meeting.
10. General Meetings
(1) The club must hold a general meeting within twelve months of the date of the adoption of this constitution.
(2) An annual general meeting must be held in each subsequent year and not more than 15 months may elapse between successive annual general meetings.
(3) All general meetings other than annual general meeting shall be called special general meetings.
(4) The trustees may call a special general meeting at any time.
(5) The trustees must call a special general meeting if requested to do so in writing by at least ten members or one tenth of the membership, whichever is the greater. The request must state the nature of the business that is to be discussed. If the trustees fail to hold a meeting within twenty-eight days of the request, the members may proceed to call a special general meeting but in doing so they must comply with the provisions of this constitution.
11. Notice
(1) The minimum period of notice required to hold any general meeting of the club is fourteen clear days from the date on which the notice is deemed to have been given.
(2) A general meeting may be called by shorter notice, if it is so agreed by all the members entitled to attend and vote.
(3) The notice must specify the date, time and place of the meeting and the general nature of the business to be transacted. If the meeting is to be an annual general meeting, the notice must say so.
(4) The notice must be given to all members and to the trustees.
12. Quorum
(1) No business shall be transacted at any general meeting unless a quorum is present.
(2) A quorum shall be 35 members entitled to vote upon the business to be conducted at the meeting. [See (8) below]
(3) The authorised representative of a member organisation shall be counted in the quorum.
(4) If:
(a) a quorum is not present within half an hour from the time appointed for the meeting; or
(b) during a meeting a quorum ceases to be present, the meeting shall be adjourned to such a time and place as the trustees shall determine.
(5) The trustees must re-convene the meeting and must give seven clear days notice of the re-convened meeting stating the date, time and place of the meeting.
(6) If no quorum is present at the re-convened meeting within fifteen minutes of the time specified for the start of the meeting the members present at that time shall constitute the quorum for that meeting.
(7) Under special circumstances where it is not possible to hold a face to face AGM with members eg, the COVID pandemic 2020/2021, the committee can agree to communicate all the relevant AGM agenda items to members electronically or postal with voting on certain topics to be returned and counted. The committee will then decide on a course of action depending upon the voting responses and this will be minuted as normal. Members will be notified about decisions on a need to know basis.
8) Associate members such as Honorary, Complimentary and paid up NEW members for the upcoming season will be invited to attend, by e mail or telephone call, but these associate members have no voting rights or imput to the meeting.
13. Chair
(1) General meetings shall be chaired by the person who has been elected as Chair.
(2) If there is no such person or he or she is not present within fifteen minutes of the time appointed for the meeting a trustee nominated by the trustees shall chair the meeting.
(3) If there is only one trustee present and willing to act, he or she shall chair the meeting.
(4) If no trustee is present and willing to chair the meeting within fifteen minutes after the time appointed for holding it, the members present and entitled to vote must choose one of their number to chair the meeting.
14. Adjournments
(1) The members present at a meeting may resolve that the meeting shall be adjourned.
(2) The person who is chairing the meeting must decide the date time and place at which the meeting is to be re-convened unless those details are specified in the resolution.
(3) No business shall be conducted at an adjourned meeting unless it could have properly have been conducted at the meeting had the adjournment not taken place.
(4) If a meeting is adjourned by a resolution of the members for more than seven days, at least seven clear days notice shall be given of the re-convened meeting stating the date, time and place of the meeting.
15. Votes
(1) Each member shall have one vote but if there is an equality of votes the person who is chairing the meeting shall have a casting vote in addition to any other vote he or she may have.
(2) A resolution in writing signed by each member (or in the case of a member that is an organisation, by its authorised representative) who would have been entitled to vote upon it had it been proposed at a general meeting shall be effective. It may comprise of several copies each signed by or on behalf of one or more members.
16. Representatives of other bodies
Any organisation that is a member of the club may nominate any person to act as its representative at any meeting of the club.
17. Officers and trustees
(1) The club and its property shall be managed and administered by a committee comprising the officers and other members elected In accordance with this constitution. The officers and other members of the committee shall be the trustees of the club and in this constitution are together called 'the trustees'.
(2) The club shall have the following officers:
(a) A chair,
(b) A vice chair,
(c) A secretary,
(d) A treasurer.
(3) A trustee must be a member of the club.
(4) No one may appoint a trustee if he or she would be disqualified from acting under the provision of clause 20.
(5) The number of trustees shall be not less than three but (unless otherwise determined by a resolution of the club in general meeting) shall not be subject to any maximum.
(6) The first trustees (including officers) shall be those persons elected as trustees and officers at the meeting at which this constitution is adopted.
(7) A trustee may not appoint anyone to act on his or her behalf at meetings of the trustees.
18. Appointment of trustees
(1) The club in general meeting shall elect the officers and the other trustees.
(2) The trustees may appoint any person who is willing to act as a trustee. Subject to sub-clause 5(b) of this clause, they may also appoint trustees to act as officers.
(3) Each of the trustees shall retire with effect from the conclusion of the annual general next after his or her appointment but shall be eligible for re-election at that general meeting.
(4) No-one may be elected as a trustee or an officer at any annual general meeting unless prior to the meeting the club is given notice that:
(a) is signed by a member entitled to vote at the meeting;
(b) states the members intention to propose the appointment of a person as a trustee or as an officer;
(c) is signed by the person who is to be proposed to show his or her willingness to be appointed.
(5) (a) The appointment of a trustee, whether by the club in general meeting or by the other trustees, must not cause the number of trustees to exceed any number fixed in accordance with this constitution as a maximum number of trustees.
(b) The trustees may not appoint a person to be an officer if a person has already been elected or appointed to that office and has not vacated the office.
19. Powers of Trustees
(1) The trustees must manage the business of the club and have the following power in order to further the objects (but not for any other purpose):
(a) to raise funds. In doing so, the trustees must not undertake any taxable permanent trading activity and must comply with any relevant statutory regulations;
(b) to buy, take on a lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use;
(c) to sell, lease or otherwise dispose of all or any part of the property belonging to the club;
(d) to borrow money and to charge the whole or any part of the property belonging to the club as security for repayment of the money borrowed;
(e) to co-operate with other clubs, voluntary bodies and statutory authorities and to exchange information and advice with them;
(f) to establish or support any charitable trusts, associations or institutions formed for any of the charitable purposes included in the objects;
(g) to acquire, merge with or enter into any partnership or joint venture arrangement with any other club/charity formed for any of the objects;
(h) to set aside income as a reserve against future expenditure but only in accordance with a written policy about reserves;
(i) to obtain and pay for such goods and services as are necessary for carrying out the work of the club;
(j) to open and operate such bank and other accounts as the trustees consider necessary and to invest funds and to delegate the management of funds in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000;
(k) to do all such other lawful things as are necessary for the achievement of the objects.
(2) No alteration of this constitution or any special resolution shall have retrospective effect to invalidate any prior act of the trustees.
(3) Any meeting of trustees at which a quorum is present at the time the relevant decision is made may exercise all the powers exercisable by the trustees.
20. Disqualification and removal of trustees
A trustee shall cease to hold office if he or she:
(1) is disqualified from acting as a trustee by virtue of section 178 and 179 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision);
(2) ceases to be a member of the club;
(3) in the written opinion, given to the club, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a trustee and may remain so for more than three months;
(4) resigns as a trustee by notice to the club (but only if at least two trustees will remain in office when the notice of resignation is to take effect); or
(5) is absent without the permission of the trustees from all their meetings held within a period of six consecutive months and the trustees resolve that his or her office be vacated.
21. Proceedings of trustees
(1) The trustees may regulate their proceedings as they think fit, subject to the provisions of this constitution.
(2) Any trustee may call a meeting of the trustees.
(3) The secretary must call a meeting of the trustees if requested to do so by a trustee.
(4) Questions arising at a meeting must be decided by a majority of votes.
(5) In the case of an equality of votes, the person who chairs the meeting shall have a second or casting vote.
(6) No decision may be made by a meeting of the trustees unless a quorum is present at the time the decision is purported to be made.
(7) The quorum shall be four or the number nearest one-third of the total number of trustees, whichever is the greater or such larger a number as may be decided from time to time by the trustees.
(8) A trustee shall not be counted in the quorum present when any decision is made about a matter upon which that trustee is not entitled to vote.
(9) If the number of trustees is less than the number fixed as the quorum, the continuing trustees or trustee may act only for the purpose of filling vacancies or of calling a general meeting.
(10) The person elected as the Chair shall chair meetings of the trustees.
(11) If the Chair is unwilling to preside or is not present within ten minutes after the time appointed for the meeting, the trustees present may appoint one of their number to chair that meeting.
(12) The person appointed to chair meetings of the trustees shall have no functions or powers except those conferred by this constitution or delegated to him or her in writing by the trustees.
(13) A resolution in writing signed by all the trustees entitled to receive notice of a meeting of trustees or of a committee of trustees and to vote upon the resolution shall be as valid and effectual as if it had been passed at a meeting of the trustees duly convened and held.
(14) The resolution in writing may comprise of several documents containing the text of the resolution in like form each signed by one or more trustees.
22. Conflicts of interest and conflicts of loyalties
A club trustee must:
(1) declare the nature and extent of any interest, direct or indirect, which he or she has in a proposed transaction or arrangement with the club or in any transaction or arrangement entered into by the club which has not been previously declared; and
(2) Absent himself or herself from any discussions of the club trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the club and any personal interest (including but not limited to any personal financial interest).
Any club trustee absenting himself or herself from any discussions in accordance with this clause must not vote or be counted as part of the quorum in any decision of the club trustees on the matter.
23. Saving provisions
(1) Subject to sub-clause (2) of this clause, all decisions of the club trustees, or of a committee of the trustees, shall be valid notwithstanding the participation in any vote of a club trustee:
(a) who is disqualified from holding office:
(b) who has previously retired or who had been obliged by this constitution to vacate office;
(c) who was not entitled to vote on the matter, whether by reason of a conflict of interest or otherwise;
if, without the vote of that club trustee and that club trustee being counted in the quorum, the decision has been made by a majority of the club trustees at a quorate meeting.
(2) Sub-clause (1) of this clause does not permit a club trustee to keep any benefit that may be conferred upon him or her by a resolution of the club trustees or of a committee of club trustees if, but for sub-clause (1), the resolution would have been void, or if the club trustee has not complied with the clause 22 (Conflicts of interests and conflicts of loyalties).
24. Delegation
(1) The trustees may delegate any of their powers or functions to a committee of two or more trustees but the terms of any such delegation must be recorded in the minute book.
(2) The trustees may impose conditions when delegating, including the conditions that:
(a) the relevant powers are to be exercised exclusively by the committee to whom they delegate;
(b) no expenditure may be incurred on behalf of the club except in accordance with a budget previously agreed with the trustees.
(3) The trustees may revoke or alter a delegation.
(4) All acts and proceedings of any committee must be fully and promptly reported to the trustees.
25. Irregularities in proceedings
(1) Subject to sub-clause (2) of this clause, all acts done by a meeting of trustees, or of a committee of trustees, shall be valid notwithstanding the participation in any vote of a trustee:
(a) who was disqualified from holding office;
(b) who has previously retired or who had been obliged by the constitution to vacate office;
(c) who was not entitled to vote on the matter, whether by reason of a conflict of interest or otherwise;
if, without:
(d) the voice of that trustee; and
(e) that trustee being counted in the quorum,
the decision had been made by a majority of the trustees at a quorate meeting.
(2) Sub-clause (1) of this clause does not permit a trustee to keep any benefit that may be conferred upon him or her by a resolution of the trustees or of a committee of trustees if the resolution would otherwise have been void.
(3) No resolution or act of:
(a) the trustees
(b) any committee of the trustees
(c) the club in general meeting
shall be invalidated by reason of the failure to give notice to any trustee or member or by reason of any procedural defect in the meeting unless it is shown that the failure or defect has materially prejudiced a member or the beneficiaries of the club.
26. Minutes
The trustees must keep minutes of all:
(1) appointments of officers and trustees made by the trustees;
(2) proceeding at meetings of the club
(3) meetings of the trustees and committees of trustees including:
(a) the names of the trustees present at the meeting;
(b) the decisions made at the meetings; and
(c) where appropriate the reasons for the decisions.
27. Accounts, Annual Report, Annual Return
(1) The trustees must:
(a) keep accounting records for the club;
(b) prepare annual statements of accounts for the club;
(2) Accounts must be prepared in accordance with the provisions set out in the club’s Financial Governance Document (Appendix 1).
28. Registered particulars
This clause is not applicable to NWDAA.
29. Property
(1) The trustees must ensure title to:
(a) all land held by or in trust for the club that is not vested in the official Custodian of Charities, and
(b) all investments held by or on behalf of the club, is vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees.
(2) The terms of the appointment of any holding trustees must provide that they may act only in accordance with the lawful directions of the trustees and that if they do so they will not be liable for the acts and defaults of the trustees or of the members of the club.
(3) The trustees may remove the holding trustees at any time.
30. Repair and insurance
The trustees must keep in repair and insure to their full value against fire and other usual risks all the buildings, assets and property of the club, (except those buildings that are required to be kept in repair and insured by a tenant). They must also insure suitably in respect of public liability and employers liability.
31. Notices
(1) Any notice required by this constitution to be given to or by any person must be:
(a) in writing; or
(b) given using electronic communication.
(2) The club may give any notice to a member either:
(a) personally; or
(b) by sending it by post in a prepaid envelope addressed to the member at his or her address; or
(c) by leaving it at the address of the member; or
(d) by giving it using electronic communications to the members address.
(3) A member who does not register an address with the club or who registers only a postal address that is not within the United Kingdom shall not be entitled to receive any notice from the club.
(4) A member present in person at any meeting of the club shall be deemed to have received notice of the meeting and of the purpose for which it was called.
(5) (a) Proof that an envelope containing a notice was properly addressed, prepaid and posted shall be conclusive evidence that notice was given.
(b) Proof that notice contained in an electronic communication was sent in accordance with guidance issued by the Institute of Chartered Secretaries and Administrators shall be conclusive evidence that the notice was given.
(c) A notice shall be deemed to be given 48 hours after the envelope containing it was posted or, in the case of an electronic communication, 48 hours after it was sent.
32. Rules
(1) The trustees may from time to time make rules or bye-laws for the conduct of their business.
(2) The bye-laws may regulate the following matters but are not restricted to them:
(a) the admission of members of the club (including the admission of organisations to membership) and the rights and privileges of such members, and the entrance fees or payments to be made by members;
(b) the conduct of members of the club in relation to one another, and to the clubs employees and volunteers;
(c) the setting aside of the whole or any part of the clubs premises at any particular time or times or for any particular purpose or purposes;
(d) the procedure at general meeting and meetings of the trustees in so far as such procedure is not regulated by this constitution;
(e) the keeping and authenticating of records. (If regulations made under this clause permit the records of the club to be kept in electronic form and requires a trustees to sign a record, the regulations must specify a method of recording the signature that enables it to be properly authenticated.)
(f) generally, all such matters as are commonly the subject matter of the rules of an unincorporated association.
(3) The club in general meeting has the power to alter, add to or repeal the rules or bye- laws.
(4) The trustees must adopt such means as they think sufficient to bring the rules and bye-laws to the notice of members of the club.
(5) The rules or bye-laws shall be binding on all members of the club. No rule or bye-law shall be inconsistent with, or shall affect or repeal anything contained in, this constitution.
33. Disputes
If a dispute arises between members of the club about the validity or propriety of anything done by the members under this constitution, and the dispute cannot be resolved by agreement, the parties to the dispute must first try in good faith to settle the dispute by mediation before resorting to litigation.
34. Interpretation
In this constitution 'connected person' means:
-
a child, parent, grandchild, grandparent, brother or sister of the trustee;
-
the spouse or civil partner of the trustee or any person falling within sub-clause (1) above;
(3) a person carrying on business in partnership with the trustee or with any person falling within sub-clause (1) or (2) above;
(4) an institution which is controlled-
(a) by the trustee or any connected person falling within sub-clause (1), (2), or (3) above; or
(b) by two or more persons falling within sub-clause (4)(a), when taken together
(5) a body corporate in which-
(a) the club trustee or any connected person falling within sub-clauses (1) to (3) has a substantial interest; or
(b) two or more persons falling within sub-clause(5)(a) who, when taken together, have a substantial interest.
(6) Sections 350 – 352 of the Charities Act 2011 apply for the purpose of interpreting the terms used in this clause.
Signatures of trustees:
Colin Robson
Bob Bainbridge
Andy Wilson
Ed Bennett
Bill Webster
[Removed Will Smith]
DATED :
All signed 5th December 2022 at TMM and approved at AGM march 2023. Ie change at section 8 and now the make up of the Trustees
Updated Gen Sec 7.3.2023 R Bainbridge / R Bainbridge Reviewed and changed as intro
New member vetting, proposer and joining procedure 23 [iss 3]
It is hoped that new members wishing to join the club have all been proposed and accompanied a member at some stage on the water to gauge their suitability to become a member of the club. However there will be instances where a person wishing to become a member of the club does not actually know anyone in the club to start this process. The club do not want to be seen as a club with an unfair membership process that does not give these persons the same chance of joining the club.
Therefore :
-
Anyone wanting to join the club who does not have a proposer should contact a Trustee by using contact details available on the website.
-
The Trustee will process the request by informing the other Trustees who will decide on the best form of vetting the applicant.
-
This could be a session on the water with a member, an interview/meeting with a Trustee or Trustees, or some knowledge of the applicant etc
-
A decision will then be made on the suitability of that person to become a member i.e., reasonable, competent, trustworthy and fits in with the ethos of the club.
-
Otherwise any applicant having a proposer will need to complete the application form available from the Membership secretary and then await information and instruction as to the next step in the process following the application form review by the Trustees.
Vote by Trustees Yes by e mail
Formally accepted – Yes
Now implemented - Yes
Signed for as completed – Secretary : dated 19.3.2021 Reviewed RB 11.11.2022 and changed as above after AGM approval March 2023
R Bainbridge [Gen Sec] R Bainbridge
North West Durham Angling Association Risk Assessment information.
If anyone has comments please contact Bob Bainbridge – This email address is being protected from spambots. You need JavaScript enabled to view it., or phone 07920756749
Objective and Scope.
This risk assessment information is given as guidance to all members of NWDAA involving the fishing of the waters of Waskerley, Smiddyshaw and Hisehope reservoirs with the intention of preventing potential H&S and Environmental accidents and incidents on and around our club waters. Grid refs NZ02204650 HISEHOPE, NZ04204620 SMIDDY, NZ02304430 WASKERLEY
These Risk Assessments are based upon the principles of Severity v. Likelihood and complement the Club Fishing Rules and Constitution with the risk rating set and agreed by the committee.
Responsibilities and RA review.
It is the responsibility of the Committee to update these Risk Assessments at least annually, normally at the Committee meeting prior to the AGM so that changes can be communicated at this AGM, or when there are accidents or incidents that need investigation and impact on the existing Risk Assessments either through addition or amendment. The actions will be addressed by the Committee based on priorities and the risk involved.
It is the responsibility of all members to ensure the guidance in these Risk Assessments is adhered to and also any anglers under their control eg Visitors, Juniors, are familiarised with the Risks and actions to take in the event of any accident or incident.
The Risk Assessments will be a topic for review at the AGM where any input from members will be welcomed and considered.
Risk assessment communication, change control and availability.
A controlled master set of current Risk assessments will be available at all 3 waters at the sign in post and also be available on the NWDAA website.
Information to Risk Assessment changes, ie from the original issue 1, will be at the front of Risk assessment listing – immediately below.
Changes to these RAs explained – ie from issue 1 to this version issue 4.
-
Expansion of the Objectives and Scope – last sentence
-
New warning sign available to highlight the main risks at RA numbers 1,2,6,7, 10.
-
Expansion of the Additional measures in RA number 10 due to RA information from NPG’s S Ladlow
-
Adder risk explained in more detail and added to the general signage document.
-
PPE guidance while fishing/casting – see item 20
-
COVID Reminder see item 21 [Updated 27.3.2022]
Risk assessment table –
|
NWDAA RA number |
Explanation of risk and/or environmental protection |
Current risk rating – High, Medium or Low |
Existing control measures in place: |
Additional measures required are? |
Risk rating after additional control measures in place |
Committee Approved ? |
|
Signage and warnings |
High |
None other than RA info |
In the interest if safety and environmental protection please observe and follow all signage, warnings and Risk assessments |
Medium |
Yes |
|
|
The danger of sinking into soft mud around the banks of the water. This can occur at any time but especially after heavy rain and at times of low water levels. |
High |
None other than RA info and additional signage at signing in locations. |
Warning signs to be on display at all 3 signing in stations in addition to the Risk assessment itself. This will also be of benefit to the general public. |
Medium |
Yes – and a document now available at the 3 signing in stations to highlight this risk. |
|
|
Contact, entanglement with lines during casting, particularly fly lines. |
Medium |
None other than RA info. |
Awareness of being in the vicinity of Anglers at all times but particularly during casting and retrieve. Ensure a safe distance at all times and consider wind direction and strength. Be aware of members of the public especially when casting from the dam walls. |
Low |
Yes |
|
|
Slips, trips and falls. Most of the areas around the NWDAA waters can be dangerous due to thick undergrowth, water, mud etc. |
Low |
None other than RA info. |
All anglers must be vigilant and consider the environmental conditions when walking around the banks of all 3 waters in order to avoid slips, trips and falls. By assessing the routes to take ie through, undergrowth, along pathways, on stoney areas etc we can hopefully avoid any accidents. Be aware of undercuts in banksides that could collapse under a person’s weight. Take extreme caution when crossing feeder streams particularly during flood. Never venture onto frozen water surfaces – particularly the reservoirs themselves. Be very careful when using any stiles as they are regularly very slippery due to moss, algae and dampness etc. |
Low |
Yes |
|
|
Fishing from dam walls, steep banks and stoney areas |
Medium |
None other than RA info |
Only fish from secure footing locations only areas. Avoid steep banks, irregular surfaces, wet surfaces including areas with moss, algae, vegetation etc. It is advised that when walking in these areas of risk the use of a walking staff is strongly advised. Be aware of members of the public especially when casting from the dam walls. Be aware of members of the public especially when casting from the dam walls. |
Low |
Yes |
|
|
Risk encountered during wading – sinking into mud, submerged slip, trip and fall hazards. |
High |
None other than RA info and additional signage at signing in locations. |
Wading in our waters can be very dangerous due to soft mud area, sand and stones/general trip hazards that are submerged. You must take every precaution during wading, to ensure that the entry and exit from the water is as safe as possible by taking very careful small steps and attempting to locate any hazards before taking each step. Warning signs to be on display conjunction with Risk 1. The use of a wading staff is recommended. |
Medium |
Yes – and a document now available at the 3 signing in stations to highlight this risk. |
|
|
Contact with Adders and bites |
Medium |
None other than RA info |
If adders are in the area please ensure that you do not get close enough to scare these reptiles. Keeping well clear of their position will ensure there is no chance of a reaction from your presence. Coming into contact with an adder is a very low probability and usually only bites in self defence. In the event of being bitten – Stay calm, loosen clothing around the bite and summon emergency help. Adder bites are generally not that serious and deaths very rare. ADDERS IDENTIFIED BY A DARK ZIG ZAG DOWN THEIR BACK BUT THE OVERALL COLOUR OF AN ADDER CAN VARY |
Low |
Yes |
|
|
Sunburn risk |
Low |
None other than RA info |
Although days on our waters requiring sun burn protection are usually few and far between, and the wind can often be a factor which masks the sunburn effect – it is always advisable to wear sun protection on appropriate days based on your own skin sensitivity. |
Low |
Yes |
|
|
Poachers |
High |
None other than RA info |
There is always the chance that you could come into contact with poachers of our fish stocks and also persons shooting our wild birds. Check the signing in book for possible anomalies in the number signed in against the numbers on the water and only approach any suspects with caution before questioning. If there are any risks with any type of suspected poachers! Walk away from the situation and report to the Bailiff and/or other committee members. |
Medium |
Yes |
|
|
Low electric cables above signing in hut at Waskerley |
High |
None other than RA info and additional signage at signing in locations. |
Extreme care must be taken to avoid fishing rods coming into contact with these overhead cables. So please keep well away from this hazard. Key points:
|
Medium |
Yes – and a document now available at the 3 signing in stations to highlight this risk. |
|
|
Bird and other wildlife protection – steps to take |
Medium |
None other than RA info |
At all times of the year we must consider the protection to our wildlife. Birds in particular are vulnerable during nesting – generally March – August – so avoid walking on areas that potentially could hide nesting birds. Similarly give the same consideration to other species. |
Low |
Yes |
|
|
General environmental protection |
Low |
None other than RA info |
In general all members and visitors must consider the Environment and avoid litter, pollution and damage at all times. This includes our own signing in areas |
Low |
Yes |
|
|
Lightning strikes |
Medium |
None other than RA info |
This is always a possibility so if there are any indications due to weather patterns that this may occur then ensure that you are in safe area. If you are caught out in the open [continued]during a in the open during a sudden lightning storm lay your rod down on the ground and seek whatever shelter you can find, if non available sit down. |
Low |
Yes |
|
|
Discarded lines and other fishing gear – hooks etc. |
Low |
None other than RA info |
It is every angler’s duty to retrieve and discard safely any ‘lost’ line or other fishing items, whether their own or from another ‘unknowing’ colleague. This must be done in a safe manner and not endangering oneself. This is also an environmental issue as these items can have an impact on wildlife through eg entanglement. |
Low |
Yes |
|
|
Insects and bites |
Low |
None other than RA info |
Some people are more susceptible to insect bites than others and midges can be a genuine nuisance around our waters due to the trees and general vegetation – so please protect yourselves with repellents where necessary. |
Low |
Yes |
|
|
Vehicle movements and parking on uneven paths/roads, and in the event of snow and ice |
Medium |
None other than RA info |
Some of our roads, pathways, parking areas are very uneven and at times of the year snowfall and ice can occur even during March – May. Soft ground and vehicles’ wheels sinking into mud/sand etc can be a problem. Drive and park carefully and avoid uneven surfaces, soft areas and potholes as this will be at your risk. If visiting our waters check the weather forecast for the possibility of frost and snow as driving may be affected particularly at Waskerley due to the steep incline. |
Low |
Yes |
|
|
Mobile phone coverage and inability to make contact |
Medium |
None other than RA info |
Always consider your mobile phone coverage in certain areas of our waters – again Waskerley is the main concern due to its location and surrounding high ground. |
Low |
Yes |
|
|
Smoking in the Waskerley Sign in hut |
Low |
None other than RA info |
This is prohibited by Law |
Low |
Yes |
|
|
No grid references available for our waters in the event they are required by emergency services |
Medium |
None other than RA info |
Display Grid references in RA in all 3 locations.NZ02204650 HISEHOPE |
Low |
Yes |
|
|
Risks while angling/casting and PPE guidance NEW ADDITION |
Medium |
None other than RA info |
There may be times, when during casting in particular, wind and possibly other environmental condition may put the angler at risk eg from hooks. It is the responsibility of the Angler / Guardian to assess this risk and consider the use of safety glasses or other protection. This is probably more appropriate for junior anglers. The Trustees advise that this guidance is followed to prevent accident/injury. |
LOW |
YES |
|
|
21. |
COVID RISK Various levels of feeling unwell including lack of taste, lack of smell, persistent cough, high temperature, fatigue and general weakness, difficulty with breathing and even death |
High |
Members should now be fully aware of the Covid risks and any advice needed please contact a member of the Trustees |
Although the Covid risk is still with us members are advised to remain cautious and avoid close contact with other as much as possible in addition to regular use of approved hand sanitiser. Please refer to Government guidelines and NWDAA will inform members of specific actions to take with regard to Covid as and when necessary |
MEDIUM |
Yes |
North West Durham Angling Association Risk Assessment information.
RISK AND MITIGATION DURING FISH STOCKING
Objective and Scope.
This risk assessment information is given as guidance to all persons involved with the fish stocking process at any of our 3 waters.
There are several common Risks during stocking that are similar to risks while fishing our waters. The main additional risk is the manual handling aspect of the operation: If we remember the abbreviation; TILE and consider these elements then most if not all risks should be covered.
-
T- Task
-
I – Individual
-
L – Load
-
E - Environment
Responsibilities and RA review.
It is the responsibility of the Committee to update and/or review these Risk Assessments at least annually, normally at the Committee meeting prior to the AGM so that changes can be communicated at this AGM, or when there are accidents or incidents that need investigation and impact on the existing Risk Assessments either through addition or amendment. The actions will be addressed by the Committee based on priorities and the risk involved.
It is the responsibility of all members to ensure the guidance in these Risk Assessments is adhered to and also any anglers under their control eg Visitors, Juniors, are familiarised with the Risks and actions to take in the event of any accident or incident.
The Risk Assessments will be a topic for review at the AGM where any input from members will be welcomed and considered.
|
Amendment item 7 [now 8]regarding COVID 6.4.2021 [Updated 22.3.2022] |
|
Amendment [addition] item 2 regarding the cross contamination of waters from fish transportation tanks/NWDAA waters |
|
**Amendment at RA number 1 , control measures, to explain the carrying of 2 handled plastic containers to reduce risk of injury and falling. |
Risk assessment communication, change control and availability.
A controlled master set of current Risk assessments are available on request from the Trustees.
The General secretary is responsible for this RA, update and communication.
Risk assessment table –
|
NWDAA RA number |
Explanation of risk and/or environmental protection |
Current risk rating – High, Medium or Low |
Existing control measures in place: |
Additional measures required are? |
Risk rating after additional control measures in place |
Committee Approved ? [or WS] |
|
Load to be carried by individuals? Causing potential injury to oneself with muscle injuries and i.e. as well as slips trips and falls. |
Medium |
**At the moment depending upon the water levels and ground conditions fish can be taken to the water’s edge for release by: 1. Nets or 2. “Plastic containers with two handles which must be carried by a minimum of 2 people at all times when not empty.” |
The decision may not be left with us to decide on the method of release but our Stocking secretary will have imput if required. The supplier may decide on the method and may/or may not need assistance from NWDAA members. The rigid roped container for carrying by 2 persons will be the heaviest, and posture and lifting and lowering stance i.e. leg bending during lifting operations will be essential for safety during the process. To a lesser extent this applies to the lifting and carrying of nets as well |
Low |
Yes |
|
|
2. |
Non native invasive species being transferred during stocking |
Medium |
The transfer of fish cannot be carried out by using a chute method un less from NWL fishery |
The transfer of fish cannot be carried out by using a chute method if the fish do not come from a NWL fishery. If fish transportation water [other than NWL as explained] needs to be discharged before the vehicle departs then it must be carried out so that the water cannot run back into our waters. [As far as reasonably practicable] In all cases cross contamination of water from any transportation tanks into NWDAA waters should be minimised. |
Low |
Yes |
|
3 |
The danger of sinking into soft mud around the banks of the waters during stocking. This could cause submersion and immobility and at worst asphyxiation |
Medium |
Documented in the General RA and supervised by Stocking secretary. |
However the decision ‘where’ to stock at each reservoir will be a joint decision between the suppliers’ staff end NWDAA members – with the Stocking Secretary having the final decision. |
Low |
YES |
|
4 |
Slips trips and falls due to poor ground conditions : dampness, frost, irregular ground due to stones, vegetation etc. Cuts, bruising, breaks etc are all possible. |
Medium |
Documented in the General RA and supervised by Stocking secretary |
Again the final decision on where to stock will lie with the Stocking secretary. |
Low |
Yes |
|
5 |
The individual person and their own limits’ of capabilities that could result in injury if exceeded. |
Medium |
It is expected that members will only offer to help with tasks within their capabilities. |
The decision to allocate tasks will be carried out by the Stocking secretary with respect to individuals. Where needed he will converse with the members present and the Supplier where required. |
Low |
Yes |
|
6 |
Other risks as documented in the General fishing RA.
|
Medium |
Please refer to the General RA for further explanation |
Please refer to the General RA for further explanation |
Low |
Yes |
|
7 |
Environmental protection. We must always be aware of protecting any Flora and Fauna |
Low |
Signage currently in place for Covid 19 which refers to Environmental protection |
Please read and follow any available signage in conjunction with this RA and the General Fishing RA |
Low |
Yes |
|
8 |
COVID: Various levels of feeling unwell including lack of taste, lack of smell, persistent cough, high temperature, fatigue and general weakness, difficulty with breathing and even death |
HIGH |
Members should now be fully aware of the Covid risks and any advice needed please contact a member of the Trustees |
Although the Covid risk is still with us members are advised to remain cautious and avoid close contact with other as much as possible in addition to regular use of approved hand sanitiser. Please refer to Government guidelines and NWDAA will inform members of specific actions to take with regard to Covid as and when necessary |
MEDIUM |
Yes |
NWDAA RAMS for the use of Float Tubes for fishing on Smiddy Shaw reservoir.
|
Issue 1 |
|
Issue 2 – COVID reminder item 17 [Updated 27.3.2022] |
Proposal to use Float tubes when Fishing at Smiddy Shaw.
Method Statement.
-
All appropriate Rules of NWDAA have to be followed.
-
Float tube users have to be members of the BFTA.
-
A life jacket has to be worn at all times when on the water meeting BS EN 396 1994.
-
A safety inspection of the Tube before use must take place.
-
A whistle to be carried at all times.
-
No lone float tubing is allowed, it is essential that at all times when on the water there is someone else present in order that an alarm could be raised in the event of an emergency. That person may be float tubing, fishing from a boat or the bank, or even just there to accompany the person who is float tubing for safety reasons.
-
The weather forecast must always be assessed before taking to the water.
-
All Float tube users must register their interest and intent to Float tube on Smiddy Shaw with Tony Barclay 07810180999. A text to Tony on arrival and again when safely off the water is required.
-
No float tube user to be under the influence of drugs or alcohol
-
No fishing within 50 meters of another float tube or boat. Anyone fishing from a Float Tube must give polite consideration to bank anglers at all times, giving them a wide berth is essential, remember that in your Float Tube you can fish the entire reservoir, whereas, bank anglers are limited to their casting distance from the bank only.
-
Check mobile phone for battery charge and coverage. Add emergency numbers to your mobile.
-
Ensure you are familiar with the emergency contact list below, please record the
numbers into your phone.
Emergency contact numbers .
999 for Emergency services.
Derwent Reservoir Ranger – 01207 255250
Contact – Float Tube Co-ordinator - Tony Barclay – 07810180999
Role of the Float tube Co-ordinator :
a. To be the main contact point to register any interest in Float Tubing on Smiddy.
b. Acting as a safety instructor where required - based on his own perception of any potential Float Tube user’s competency.
c. Keeping records of induction and understanding of these RAMS.
d. Receiving texts on arrival and safe departure from the reservoir [8 above].
e. Being the main contact for advice on weather conditions and whether safe or not. .
RISK ASSESSMENT PRINCIPLES.
The Risk assessment below is based on the Risk rating as indicated within the Boston Square Probability/Impact system below. Each Risk explains any mitigation in place.
Risk assessment and Method Statement will be reviewed annually after season end, and/or following any related ‘incident’.
Any Impact factor rated 15 or above would have to be further mitigated but at this stage there are none.
-
Low
Medium
High
Risk assessment table explanations. - [Probability x Impact]
|
NWDAA RA Item . |
Hazard |
Potential risk/effect |
Risk rating without control mitigation - High, Medium or Low |
Control measures in place: |
Risk rating after mitigation ? |
Any further controls required ? |
Committee Approved ? |
Lack of Training & competency |
Inability to use and manoeuvre the float tube as intended |
High [5x4] |
All users must be members of BFTA |
Medium [2x4] |
Not as yet |
Yes |
|
Severely cold water |
Exposure, exhaustion, cramp |
High [4x5] |
Wear thermal underwear, dress in warm clothes particularly under waders. Leave the water, take a break have a short walk. Use whistle to attract attention if help required. |
Medium [2x5] |
Not as yet |
Yes |
|
Fishing in high winds from float tube. |
Risk of being driven aground, exhaustion. |
High [5x4] |
Assess the conditions, if you feel out of control seek safe area to land, find alternative sheltered area to fish. |
Medium [2x4] |
Not as yet |
Yes |
|
Thunderstorm / lightning |
Risk of lightning strike, death. |
High [3x5] |
Do not launch in a thunderstorm. If caught on the water and a storm hits, lower rod and seek a safe area to land.
|
Medium [2x5] |
Not as yet |
Yes |
|
|
5.
|
Launching |
Trip hazard, fall into water. |
Medium [3x3] |
Follow BFTA guidelines, launch from non-slippery surface, enter the water backwards with the tube behind you, walk out until water is knee depth then carefully sit down. |
Medium [2x3] |
Not as yet |
Yes |
|
6
|
Landing |
Trip hazard, fall into water |
Medium [3x3] |
Follow BFTA guidelines, seek shallow area, paddle in until water depth is established as safe to stand, turn tube toward the bank, stand up and walk backwards.
|
Medium [2x3] |
Not as yet
|
Yes |
|
7.
|
Loss of fin |
Loss of propulsion/control |
Medium [2x3] |
BFTA guidelines recommend that fins are secured to you by straps if fin is still lost use remaining fin in a figure 8 movement to ‘scull’ this will provide enough propulsion to get you to shore. |
Low [1x3] |
Not as yet |
Yes |
|
8.
|
Falling out of float tube on the water. |
Potential drowning |
High [3x4] |
Follow BFTA guidelines; wear a British Standard approved lifejacket at all times. Ensure crutch strap where applicable is correctly fitted.
|
Medium [3x3] |
Not as yet |
Yes |
|
9. |
Deflation of float tube |
Potential drowning |
Medium [3x4] |
Follow BFTA guidelines; wear a British Standard approved lifejacket at all times. Carry a whistle to attract attention. |
Medium [3x3] |
Not as yet |
Yes |
|
10. |
Collision with boats |
Potential injury and drowning |
Medium [2x3] |
Ensure fishery management has considered risk and taken the necessary precautions to limit risk to anglers. 50m rule |
Low [1x3] |
Not as yet |
Yes |
|
11.
|
Collision with other float tubers |
Potential injury and drowning |
Medium [2x3] |
Be aware of other anglers in boats and use whistle to alert if required. Also 50m rule
|
Medium [1x3] |
Not as yet |
Yes |
|
12.
|
Being washed over spillways or dams. |
Potential serious injury |
High [4x4] |
Only tube when low water conditions prevail or where the fishery management have assessed the risk as a whole and have provided the necessary safety precautions i.e. Buoyed off any potential hazard. |
Medium [2x4] |
Not as yet |
Yes |
|
13.
|
Transmission of alien species or disease via equipment |
Infestation of water |
High [4x5] |
Between visits wash, disinfect and dry the tube and any other submersible equipment.
|
Medium [2x5] |
Not as yet |
Yes |
|
14. |
Biological infection from water borne bacteria and diseases |
Contraction of viruses and diseases |
Medium [2x4] |
An anti-bacterial hand wash should be available for use to cleanse hands particularly before eating and drinking |
Low [1x4] |
Not as yet |
Yes |
|
15. |
Sunburn and use of protection |
Excessive sunburn |
Medium [2x4] |
In the event of excessive sunshine and heat then the use of an appropriate sunscreen for each occupant is advised. |
Low [1x4] |
Not as yet |
Yes |
|
16. |
Insurance cover – for float tube fishing |
Inadequate cover for club and members |
High [3x5] |
Gen Sec to ensure cover adequate for the Risks involved through Angling Trust |
Low [1x5] |
Not as yet |
Yes |
|
17. |
COVID |
Various levels of feeling unwell including lack of taste, lack of smell, persistent cough, high temperature, fatigue and general weakness, difficulty with breathing and even death |
High [3x5] |
Although the Covid risk is still with us members are advised to remain cautious and avoid close contact with other as much as possible in addition to regular use of approved hand sanitiser. Please refer to Government guidelines and NWDAA will inform members of specific actions to take with regard to Covid as and when necessary |
Medium 2x5 |
Not as yet |
Yes |
- You are here:
-
Home
-
New member vetting, proposer and joining procedure 23 [iss 3]
- Uncategorised
