RULES OF THE ASSOCIATION

Updated and accepted at AGM on 27 September 2022

Name

  1. The association shall be known as the Andover and District Beekeepers' Association (ADBKA) and shall be affiliated to the Hampshire Beekeepers' Association (HBA).

Objects

  1. The objects of the Association shall be to promote and further the craft of beekeeping in Andover and District and the education of the public therein.

  2. The Association will hold meetings for lectures and discussions on Beekeeping, it will arrange training and education for new beekeepers and where practicable, arrange exhibitions and demonstrations.

  3. Nothing in this constitution shall authorise an application of the property of the charity for purposes which are not charitable in accordance with section 7 of the Charities and Trustee Investment (Scotland) Act 2005 and/or section 2 of the Charities Act (Northern Ireland) 2008.

Application of income and property

  1. The income and property of the charity shall be applied solely towards the promotion of the objects.

  2. A charity trustee is entitled to be reimbursed from the property of the charity or may pay out of such property reasonable expenses properly incurred by him or her when acting on behalf of the charity.

  3. A charity trustee may benefit from trustee indemnity insurance cover purchased at the charity’s expense in accordance with, and subject to the conditions in, section 189 of the Charities Act 2011.

  4. None of the income or property of the charity may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the charity. This does not prevent a member who is not also a trustee from receiving:

    1. A benefit from the charity in the capacity of a beneficiary of the charity;

    2. Reasonable and proper remuneration for any goods or services supplied to the charity.

Membership

  1. Membership will be annual from 1st October. Members joining part way through the year will not be offered pro rata subscriptions. Any member whose subscription is unpaid by the time the Association has to pay capitation to HBA/BBKA or fees to BDI shall be deemed to have lapsed membership and not enjoy the benefit of membership.

  2. Membership categories will reflect those of HBA - see HBA Website. In addition to Registered, Partner, Country and Junior members, ADBKA will exceptionally allow Associate membership to beekeepers living outside the Association's area of operation provided that person is a Registered member of another Association. Membership will be only granted to those who have paid their subscription.

  3. Membership of the association shall imply full acceptance of the current rules of the Association and full acceptance of the Privacy Policy.

Subscriptions

  1. Subscriptions will be set at the Annual General Meeting. Additionally, the Association will act as agents for HBA BBKA and BDI, collecting the capitation requested by HBA for the Spring and Autumn capitation exercises.

Annual General Meeting (AGM)

  1. An Annual General Meeting of members shall be held each year. No business shall be transacted at the meeting unless a quorum is present. A quorum is 20 members or 10% of members whichever is the lower amount. Members shall:

    1. receive and adopt the accounts for the year

    2. elect Officers of the Association

    3. elect a Committee

    4. approve the next year's subscription level

    5. consider any other business

  2. Proxy voting is permitted subject to all of the following:

    1. proxies must be appointed by a notice in writing to the Secretary

    2. states the name, address and membership number of the member appointing the proxy

    3. identifies the person appointed to be that member’s proxy and the general meeting in relation to which that person is appointed

    4. specifies how the proxy appointed under them is to vote (or that the proxy is to abstain from voting) on one or more resolutions

Special General Meeting

  1. A Special General Meeting shall be called by the Secretary within 21 days of receiving a written request, stating the nature of the business for which the meeting is required, and supported by not less than 10% of the Members. Only the business for which the meeting is called shall be discussed.

Alteration of the Rules

  1. Any alteration of the Rules shall be made at an AGM or at a Special General Meeting called for the purpose.

Winding Up

  1. In the event of the Association being dissolved, HBA shall be asked to hold the assets in trust until the Association is properly re-formed.

Officers and trustees

  1. The charity 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 Charity and in this constitution are together called ‘the trustees’.

  2. The charity shall have the following officers:

    1. President (mandatory)

    2. Chair (mandatory)

    3. Secretary (mandatory)

    4. Treasurer (mandatory)

  3. The charity shall appoint trustees who perform a role e.g. Education, Programme, New Members and Swarm Line etc.

  4. A trustee must be a member of the charity or the nominated representative of an organisation that is a member of the charity.

  5. The number of mandatory officers shall be not less than four but (unless otherwise determined by a resolution of the charity 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.

  8. A trustee may not appoint anyone to act on his or her behalf at Committee meetings more than twice in any one year.

 

Appointment of trustees

 

  1. The charity in general meeting shall elect the officers and the other trustees.

  2. The trustees may appoint any person who is willing to act as an officer or a trustee.

  3. Each of the trustees shall retire with effect from the conclusion of the annual general meeting next after his or her appointment but shall be eligible for re-election at that annual general meeting.

  4. No-one may be elected a trustee or an officer at any annual general meeting unless prior to the meeting the charity is given a notice that:

    1. is supported by a member entitled to vote at the meeting;

    2. states the member’s intention to propose the appointment of a person as a trustee or as an officer;

    3. is supported by the person who is to be proposed to show his or her willingness to be appointed.

 

Powers of trustees

 

  1. The trustees must manage the business of the charity and have the following powers in order to further the objects (but not for any other purpose):

    1. to raise funds. In doing so, the trustees must not undertake any taxable permanent trading activity and must comply with any relevant statutory regulations;

    2. to buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use; subject to approval of the Committee;

    3. to sell, lease or otherwise dispose of all or any part of the property belonging to the charity. In exercising this power, the trustees must comply as appropriate with sections 117 - 122 of the Charities Act 2011; subject to approval of the Committee;

    4. to borrow money and to charge the whole or any part of the property belonging to the charity as security for repayment of the money borrowed. The trustees must comply as appropriate with sections 124 - 126 of the Charities Act 2011, if they intend to mortgage land; subject to approval of the Committee;

    5. to co-operate with other charities, voluntary bodies and statutory authorities and to exchange information and advice with them;

    6. to establish or support any charitable trusts, associations or institutions formed for any of the charitable purposes included in the objects;

    7. to do all such other lawful things as are necessary for the achievement of the objects.

 

  1. No alteration of this constitution or any special resolution shall have retrospective effect to invalidate any prior act of the trustees.

 

 

Disqualification and removal of trustees

 

  1. A trustee shall cease to hold office if he or she:

    1. is disqualified from acting as a trustee by virtue of sections 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 charity;

    3. in the written opinion, given to the charity, 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 charity;

    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.

 

Conflicts of interests and conflicts of loyalties

 

  1. A 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 charity or in any transaction or arrangement entered into by the charity which has not been previously declared; and

    2. absent himself or herself from any discussions of the charity trustees in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the charity and any personal interest (including but not limited to any personal financial interest).

 

  1. Any charity 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 charity trustees on the matter.