Constitution

The Constitution of the British Caving Association

Note: Many of BCA’s operational processes and best practices are covered by our ‘Manual of Operations’ which is updated by BCA Executive (for housekeeping changes) or with agreement from BCA Council (for procedural changes).

The BCA Constitution is shown below, as agreed at the National Caving Association (BCA’s predecessor organisation) Special General Meeting, 1st November 2003 and subsequently amended at the 2010, 2017, 2019, 2020, 2021 and 2022 BCA Annual General Meetings.

  1. NAME
    1. The body shall be called the British Caving Association, hereinafter referred to as the Association.
  2. DEFINITIONS
    1. The Association is a national federation comprising: individuals; caving, mining and other related Clubs; Regional Caving Councils; and National Bodies with specialist interests, all of whom have autonomy in their own field; together with any other bodies who express an interest in caving, mining or other subterranean phenomena. All shall be referred to as Members, as applicable.
    2. In this Constitution, the expression “cave” shall take the meaning as covering cave, pothole, mine or any other underground cavity and related terms shall be similarly construed.
    3. In this Constitution, the national interests of the Association are those covering the United Kingdom of Great Britain and Northern Ireland, together with the Channel Islands and the Isle of Man.
  3. AIMS
    1. To represent and act as a national spokesperson and point of contact for caving in the United Kingdom.
    2. To disseminate relevant information to cavers nationally.
    3. To provide a membership system and associated democratic platform for caving matters of national significance.
    4. To remain responsive to the needs and wishes of our members.
    5. To support or implement appropriate initiatives involving but not limited to cave conservation, access, science, training, equipment and welfare.
    6. To encourage responsible participation in caving, emphasising that this must go together with training, conservation and education to ensure a safe and sustainable future.
    7. To challenge and eliminate barriers to participation in caving.
  4. GUIDING PRINCIPLES
    1. Caving is an outdoor activity that promotes a healthy lifestyle with accompanying social and mental enrichment for many participants.
    2. Caving should be embraced as a multi-faceted activity spanning exploration, science, technology, arts, sport, and conservation, all of which are valued.
    3. Caving bodies who facilitate or manage access have a responsibility to make all possible effort to minimise the number of restrictions, to ensure that access is freely available to all cavers and to prevent discrimination in access availability.
    4. The Association should foster a culture of respect with a zero-tolerance attitude to discrimination including on grounds of race, gender, age, sexual orientation, creed, colour, occupation, religion or political opinion.
  5. MEMBERSHIP
    1. The Association shall have the following classes of membership:
      a) Individual Members,
      b) Constitutionally established caving, mining and other related Clubs together with constitutionally established National Bodies, constitutionally established Regional Caving Councils, Cave Rescue Organisations and Access Controlling Bodies, hereinafter known as Group Members,
      c) Outdoor Activity Providers, Businesses and other groups which have an interest in caving, hereinafter known as Associate Members,
      d) Membership classes a) and b) are Full Members.
    2. All membership applications shall be made in accordance with current practices and be considered by a duly delegated person or persons agreed by National Council. This person or persons may accept membership on behalf of National Council providing eligibility criteria are met or they may defer to National Council for further consideration if they feel this necessary.
    3. Any person or organisation that has been refused membership shall have the right to appeal to the following Annual General Meeting in person or by representation.
  6. OFFICERS OF THE ASSOCIATION, NATIONAL COUNCIL, EXECUTIVE COMMITTEE
    1. The Association shall have the following officers: Council Chair, Secretary, and Treasurer who shall be elected from the individual membership of the Association at the online ballot following an Annual General Meeting (AGM). All candidates must gain the approval of the membership in the ballot. Each officer shall serve for a term of three years from the AGM.
    2. The Association shall have a National Council comprised of the Officers of the Association, up to two representatives from the class of Group Members, up to two representatives from the class of Individual Members and one representative from each Regional Caving Council and National Body.
    3. Representatives from the classes of Individual and Group Membership shall be elected at the online ballot following an AGM. All candidates must gain the approval of the membership in the ballot. Each representative shall serve for a term of two years from the AGM.
    4. Representatives from Regional Caving Councils and National Bodies shall be appointed by that Council or that Body.
    5. The National Council may co-opt persons to fill any vacancies in any posts of officers of the Association, or members of National Council for the remaining period of the post’s vacancy.
    6. The National Council may co-opt non-voting Assistant Officers to assist in its business.
    7. At a meeting of the National Council, each Member shall have one vote except the Chair who shall hold only a casting vote.
    8. In the event of a vote being necessary at National Council, matters shall be resolved by means of a simple majority of those present and eligible to vote.
    9. The National Council shall have the power to deal with matters concerning the national interests of the Association, within the terms of reference given to it by the Association. It shall be bound by the Aims and by the Constitution of the Association.
    10. The National Council shall have the power to appoint and terminate Working Groups to conduct specific business as laid down in their terms of reference set by National Council. Working Groups shall conduct the specified business and report back to National Council in writing. The National Council shall present the results of the activities of each Working Group as a report to the Annual General Meeting. The continued operation of each Working Group shall be confirmed at the first National Council meeting following each Annual General Meeting.
    11. Only the Officers of the Association or persons specifically authorised by National Council or an Officer of the Association, may write on behalf of the Association.
    12. The National Council shall meet at least twice a year.
    13. Minutes shall be kept of all National Council meetings of the Association and these shall be made available to members on request.
    14. The Executive of the Association shall consist of the Council Chair, Secretary, Treasurer and other Members as may be deemed necessary by the National Council to carry out the administrative business of the Association. The Executive Committee shall operate under the direction of and shall report to the National Council. It shall regulate its own business within the constraints of the Association’s “Manual of Operations”.

  7. GENERAL MEETINGS OF THE ASSOCIATION
    1. GENERAL MEETINGS
      All General Meetings, whether physical or teleconferencing, shall be arranged to take place at a venue agreed by the National Council.
    2. The National Council shall nominate a Chair and Recorder for the General Meeting. The General Meeting may elect a Chair or Recorder in their absence. Neither the Chair nor the Recorder shall be entitled to vote.
    3. The time, date and venue, whether physical or teleconferencing, of an Annual or a Special General Meeting shall be published at least 18 weeks in advance of the meeting.
    4. Notice of any matters to be raised at a General Meeting of the Association, including all proposals for constitutional change, must reach the Secretary by midnight of the 84th day (12 weeks) before the AGM.
    5. The Secretary shall ensure that an agenda is prepared and circulated to all Members, not less than 6 weeks before any General Meeting of the Association, to give notice of the time, date and venue of the Meeting and the subjects to be discussed.
    6. The quorum for any General Meeting shall be 10 individual members who are eligible to vote.
    7. Any General Meeting is open to all, though the Chair shall have the right to exclude any person if the meeting so decides by simple show of hands of individual members eligible to vote.
    8. Minutes shall be kept of all General Meetings of the Association and these shall be made available to all members not later than six weeks after the meeting.
    9. VOTING AT GENERAL MEETINGS
      Any person may speak at a General Meeting, subject to the Chair’s agreement. All motions must be first voted on by individual members present at the meeting and eligible to vote. All motions with support from at least 25% of those individuals who vote, or 10 individuals (whichever is lower) must be taken forward to an online ballot of all individual members eligible to vote.
    10. ONLINE BALLOT FOLLOWING GENERAL MEETINGS
      Online ballot by individual members for motions and elections arising from General Meetings must be conducted over a period of 14 days. Voting is by simple majority of individual voting members, except for changes to the constitution which require not less than 70% in favour.
    11. ANNUAL GENERAL MEETINGS
      a) There shall be an Annual General Meeting of the Association which shall be held during the month of June each year or as soon as reasonable thereafter.
      b) The purpose of the Annual General Meeting shall be to:
      i) discuss reports and the business of the National Council during the year,
      ii) elect such officers as may be required,
      iii) discuss and confirm matters of policy of the Association and to direct the National Council on such matters,
      iv) discuss constitutional matters, and deal with any other business which may be included on the Agenda including any matter raised under Any Other Business, provided that the Chair of the Annual General Meeting shall deem it to be acceptable business.
    12. SPECIAL GENERAL MEETINGS
      a) A Special General Meeting shall be called if requested either by National Council or by the Executive or in writing by not less than twenty individual members. The Secretary shall ensure than an Agenda is prepared and circulated to all Members, not less than 84 days (12 weeks) before the date called for.
      b) The Agenda of a Special General Meeting shall be constrained to the matter or matters put in the request. The Chair may accept other related business during the course of the Special General Meeting.
    13. EMERGENCY GENERAL MEETINGS
      a) An Emergency General Meeting may be called by any two members of the Executive, or by one member of the Executive and three other voting Council members.
      b) One member of the Executive shall ensure than an agenda is prepared and circulated to all Members, not less than 14 days (2 weeks) before the meeting. Only the subject giving rise to the emergency may be discussed.
  8. FINANCE
    1. The National Council shall have the power to set the annual subscriptions for the classes of membership.
    2. The Association shall have the power to raise funds from other sources.
    3. No Council Member shall receive payment in respect of work undertaken for the Association excepting in the case where expenses incurred by individuals on behalf of the Association are reimbursed.
    4. Sub Section 9.3 shall not apply when the terms of such payment have been previously agreed by the National Council of the Association.
    5. No person shall be entitled to vote at any meeting of the Association on a topic related to that for which they are being remunerated, except in such cases where payments are made solely to cover out of pocket expenses.
    6. All accounts holding the Association’s funds shall have at least three signatories, one of whom shall be the Association’s Treasurer. Authorisation of any transaction shall require a minimum of two signatories except where National Council may by specific resolution exempt an account from this, in which case the resolution must specify the name of the account, the signatory and any safeguards Council chooses to impose.
      • a) The National Council may by specific resolution authorise other suitable organisations to collect some or all of its subscriptions and or other income. Before passing such a resolution National Council must be satisfied as to the suitability of any organisation, including arrangements for dealing with mistakes, errors and liabilities which might arise from them. Any material changes shall require reauthorisation of the organisation within 6 months.
      • b) The National Council may by specific resolution authorise other suitable organisations to hold some of the funds of BCA. Before passing such a resolution National Council must be satisfied as to the suitability of any organisation, including arrangements for dealing with mistakes, errors and liabilities which might arise from them. Any material changes shall require reauthorisation of the organisation within 6 months.
    7. The accounts of the Association shall be made up annually to 31st December and shall be certified by a suitably qualified person. Ideally a certified set of accounts shall be presented to the Annual General Meeting following the year end. If this is not possible draft accounts shall be presented. In such a case, certified accounts shall be presented to a subsequent meeting of the National Council together with a list identifying changes of greater than £10 between the draft and certified accounts. The certified accounts shall be published, as well as, if produced, the draft accounts and the list of items identifying changes. The suitably qualified person shall be appointed by the Annual General Meeting. In the case of a casual vacancy, the National Council shall have the power to appoint a suitably qualified person. Such a person so appointed shall remain in office until the next Annual General Meeting of the Association and shall be eligible for reappointment.
    8. The National Council shall be responsible for all income and expenditure of the Association and shall delegate the control of such expenditure to the Treasurer. The National Council shall require those allocated funds, to prepare and submit for approval, annual budgets detailing proposed income and expenditure.
  9. LIMITATIONS
    1. The Association shall not interfere in the affairs of a Member unless specifically requested to do so by that Member. The Association shall not mediate between Members unless requested by them in writing to do so.
    2. Not withstanding Sub Section 10.1, any member deemed to be acting against the interests of the Association may be suspended and subsequently expelled from the Association. Any suspended or expelled member shall have a right of appeal against an order of expulsion or suspension. Such an appeal shall be heard at the next General Meeting of the Association. The member must be sent a written notification of suspension and/or of expulsion to the last known address. Any member so suspended shall not be entitled to use any of the Association’s facilities, including any certificates or awards or receive any grants or other funds, save for the repayment of expenses properly incurred in executing the Association’s business.
    3. Not withstanding Sub Section 10.1, any individual deemed to be acting against the interests of the Association may be suspended from holding any certificates or awards and subsequently have those certificates or awards withdrawn. Such individuals shall have a right of appeal against an order of suspension or withdrawal. Such an appeal shall be heard at the next General Meeting of the Association. The individual must be sent written notification of suspension and/or of withdrawal to the last known address.
    4. The Association shall have no call upon a Member’s assets or property other than for debts due, or incurred during membership. Nor shall the Association be responsible for the liabilities of a Member other than for those expenses incurred with the Association’s approval.
  10. DISSOLUTION
    1. The Association may be dissolved by a Special General Meeting of the Association convened to consider the matter. A 75% majority vote of all those individual members present and eligible to vote is required to progress a dissolution motion, in which case a plan for dissolution should be discussed and subsequently formalised in writing. This plan should:
      • a) appoint one or more persons to wind up the Association’s affairs including supervision of the discharge of its debts and other liabilities from its assets and who are authorised to recover from these assets reasonable expenses that they may incur,
      • b) consider the disposal of the assets of the Association and provide direction to the appointed person or persons on the manner of the disposal of remaining assets, having full regard to the aims and objectives of the Association, save that under no circumstance shall the remaining assets be passed to either any person or body which either is at the time of the Special General Meeting, or was within the two years before the Special General Meeting, a member of the Association unless that body is a registered charity nor shall they be passed to a close relative of a person who is so barred or a body of any description which is under the control of a person or close relative of a person so barred, and
      • c) specify a manner in which a report on the winding up of the Association and the final accounts shall be published.

        Once this plan is finalised, it should be ratified by a 75% majority in an online vote of all individual members, which if successful the plan should be implemented.
    2. The person or persons appointed to wind up the Association shall have regard to its aims and objectives when considering the details of the disposal of any assets.
  11. INTERPRETATION
    1. A General Meeting of the Association shall be the final interpreter of this constitution.
    2. Any matter not provided for in the constitution shall be dealt with by the National Council, pending endorsement of the action taken by the next General Meeting of the Association.
    3. For the purposes of Sections 7 and 8 of this Constitution:
      • a) “publish” means placed in a publication produced by BCA, or placed on BCA’s web site, or both.
      • b) “circulated” means circulated by post, or by email if the member has elected to receive communications from BCA in that manner, or by publishing the information, or by any combination of these methods.
    4. National Council shall set up a procedure for satisfying itself that, where a member elects to receive communications by email, that election has come from that person. In an online ballot Council may, if it has reasonable grounds for believing that a vote cast has not come from that member, reject that vote. It is the member’s responsibility to ensure that the email address is valid and BCA shall take no responsibility if the email sending the communication fails to arrive with the member or the member’s response fails to arrive with BCA.

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