CONSTITUTION (Words importing the masculine gender shall include the feminine gender).
The Association shall be called "THE ABERDEEN AND DISTRICT ANGLING ASSOCIATION" and its object shall be:
- To encourage the sport of angling, and in order to foster it, to provide facilities for angling at a reasonable cost for its members by renting, purchasing, exchanging or otherwise acquiring the right to fish for salmon, and fish of the salmon kind, sea trout, brown trout or other freshwater fish in any of the rivers or lochs in the district or elsewhere of interest to the Association, and to re-let, sell or otherwise deal with such fishing rights and any lands or property incidental thereto.
- To increase stocks of fish by hatching and rearing, and by purchase, in any water owned or rented by the Association or in which the Association may have a right or privilege to fish.
- In conjunction with any body, society or Association having the same or similar interests or objects as the Association or alone, to take any steps as may be necessary to prevent pollution of any water in which the Association have an interest, and
- To prevent illegal fishing.
To effect these aims the Association is empowered:
- To receive from any member of the Association money on deposit at interest or otherwise; to open an account with any Bank or Building Society, and to borrow money by way of overdraft, cash credit, bond and disposition in security, bond and assignation in security, conveyance in term ex facie absolute, or mortgage; and to grant security for all or any money so borrowed or for which the Association may be or may become liable.
- To invest and deal with the monies of the Association in such manner as from time to time may be determined.
- To remunerate the Officers of the Association and to do all such other things as are incidental or conductive to the attainment of the above objects or any of them, subject to the following provisions: -
- The income and property (which is hereby defined as the assets, heritable and moveable, of the Association whencesoever derived) shall be applied solely towards the promotion of the objects of the Association as set forth herein, and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus, or otherwise howsoever, by way of profit to the members of the Association.
- On dissolution of the Association its net assets will be given or transferred to the sports governing body for use in community related sport, another Community Amateur Sports Club within the scheme or a Charity.
1.0 Office Of The Association
The Office shall be at the office or home of the Secretary for the time being of the Association. In the event of any change to the situation of the office, notice of such change shall be sent within fourteen days thereafter to all members to the Association.
2.0 Use Of Name
The Name of the Association shall be affixed on the outside of the office if appropriate and shall be mentioned in legible characters in all notices and Association correspondence, and in all orders for money or goods purporting to be signed by or on behalf of the Association.
Any person interested in angling may be admitted a member of the Association. Membership is open to all without discrimination. But an intending member must first send to the Secretary an application for membership giving their full name and address, said Application to be submitted to the Committee for approval. Approval shall be decided by a majority of votes, and if the votes were equal the Chairman shall have a casting vote in addition to his own vote as a member. The Committee shall have the right to refuse any Application for membership without their being obliged to show cause for their refusal.
The Management Committee shall be entitled to alter from time to time the composition, type and number of members of the Association.
The Association shall be managed by a Committee consisting of a President, Up to 2 Vice- Presidents, Past President, Secretary, Treasurer, and fifteen Committeepersons, who shall form the "Committee of Management".
The Secretary and Treasurer shall hold office during the pleasure of the Association. All other officers shall continue in office until the next Annual General Meeting, except that, of the Committee of fifteen, only five shall retire annually, and at every such meeting the said other officers shall be elected by a majority of members present and entitled to vote. On the failure of such election, those last appointed shall continue in office.
The office of the Secretary & Treasurer may be disjointed or combined.
In case any officer should die, resign, be removed or become unfit or incapable to act, the Committee may at any time appoint a person to fill the vacancy until the next Annual General Meeting, unless the vacancy is filled at a Special General Meeting.
Any officer may be removed by resolution of a Special General Meeting.
The Officers shall receive such remuneration, if any, as may be decide from time to time by the Committee of Management and may in addition be repaid by the Association for all travelling and other expenses reasonably incurred in connection with the business of the Association.
The Secretary (hereafter referred to as He) will attend all meetings of the Committee of the Association. He will record the names of the Officers and Members of the Management Committee there present and minute the proceedings, which he shall transcribe into a book to be authenticated by the signature of the Chairman as the proceedings of the meetings. He shall conduct the correspondence of the meeting. He will receive proposals for admission to the Association. He shall be responsible for all money received, except that if and when the office of the Secretary and of the Treasurer are disjointed, he shall hand over all monies received by him to the Treasurer. The Secretary shall produce all books, documents and property, and if also Treasurer, all monies of the Association in his possession and render a full and clear account at the preparation of annual accounts and whenever required by a resolution of the Association or of the Committee of Management. He shall also pay over all monies and give up all books, documents and property belonging to the Association in his possession when ordered to do so by a resolution thereof or of the Committee of Management. The Secretary shall summon and give due notice of all meetings and keep such accounts, documents and papers as the Committee of Management may appoint. The Secretary shall, on all occasions, act under the superintendence, control and direction of the Committee of Management, provided that in a matter of emergency it is not practicable to call a meeting of the Committee, the Secretary shall consult with and act under the instruction of the President and Vice-President (s).
The Secretary when also Treasurer and the Treasurer when the office is disjointed, shall have power to open an account in the Associations' name with any Bank or Building Society, subject to the Committee's agreement thereto. He shall pay all demands when ordered to do so by the Committee of Management. All cheques require to be signed by two of the following:(1) the Secretary /Treasurer, (2) the President, or (3) the Chairman of the Finance Committee, who shall also sign all withdrawal forms with regard to all Bank Accounts. He shall produce all books, documents, property and money of the Association in his possession and render a full and clear account at each preparation of annual accounts and whenever required by resolution of the Association or of the Committee of Management. He shall also give up all books, documents, monies and property of the Association or of the Committee of Management.
7.0 Committee Of Management
The Committee of Management shall meet on such days and hours as may be agreed from time to time. The President, or if he is not present, a Vice-President, shall preside. Any seven shall form a quorum. Every question shall be decided by a majority of votes, and if the votes were equal the Chairman shall have a casting vote in addition to his own vote as a member. Any three of the Committee may call a Special Meeting thereof by giving seven clear days notice in writing to the Secretary, but at such Special Meeting, no other business than that specified in the notice shall be taken into consideration.
Honorary Vice- President
The Committee may recommend to any General Meeting that a person who is deemed to have given valuable service in the interests of the Association be appointed an Honorary Vice-President. Such appointment shall be made by a simple majority and any such person so appointed shall be entitled to attend all Committee Meetings but shall have no voting powers as a Committee member.
8.0 Powers Of The Committee
- To control the finances and affairs of the Association with an absolute discretion in all matters pertaining thereto. subject only to their decisions and intromissions conforming to the objects of the Association.
- To allow and pay a commission to any person, form or body in respect of the sale or issue of tickets for the Association's waters.
- To appoint such sub-committees as it thinks expedient for attending to any aspects of the Association's affairs.
- To appoint and employ such experts, technical advisers, watchers, bailiffs or any other persons whose services shall be required in the interests of the Association's affairs and upon such terms as to the remuneration and otherwise as it thinks fit.
- To award annual gratuities or honoraria without these first being approved by the A.G.M. so that the proper entries may be instructed to the Accountant to enable the accounts to be completed as at 31 October annually, but subject to these sums being agreed at the A.G.M. and subject, too, to the proviso that if said Accounts be not agreed by the A.G.M. then the appropriate adjustments shall be made in the accounts for the following year.
- To decide any matter
- With regard to the interpretation of the Association's Constitution and Rules, or
- Which is not provided for in the Constitution and Rules.
9.0 Annual General Meeting
The Annual General Meeting of the Association shall be held in Aberdeen in January for the election of officials and for the transaction of general business.
10.0 Preparation of Annual Accounts
The Committee of Management shall once at least in every year submit the Accounts of the Association to a professional Accountant to prepare the annual accounts. The professional Accountant shall be elected from time to time and may be removed by a General Meeting and shall not hold any office in any connection with the Association.
The first appointment shall be made by the Committee, and any casual vacancy shall be filled by them, and the person appointed shall have power to act until the next General Meeting, when the appointment shall be submitted for confirmation. The professional Accountant shall make up an income and expenditure account as at 31st. October yearly, said Account and Balance sheet to be submitted for approval to the Annual General Meeting in January .
1. A Special General Meeting shall be held whenever the Committee of Management think expedient, and whenever fifty members so request in writing, delivered to the Secretary.
Should the Secretary fail within seven days to convene a Special General Meeting when so requested, the requisitionists may convene it by giving such notice as is mentioned in the following clause.
2. Intimations of a general meeting shall be validly given to members by posting or publishing a Notice published in the Public Notices column of the Evening Express and the Press and Journal respectively, provided that such notices are published at least seven clear days before the day on which the said meeting is to be held. Said notice shall state clearly the time and place of the said general meeting.
3. At all General Meetings, the Chairman, or if he be not present, the Vice-Chairman shall preside. Fifty members shall form a quorum.
4. Every question put to the vote of the meeting shall be decided either by ballot or by a show of hands as the Chairman may direct, unless a poll is before or on the declaration of the result of the ballot by at least one third of the members present.
If a poll be duly demanded, it shall be taken in such a manner as the Chairman directs.
On a ballot or a show of hands every member shall have one vote.
On a poll every member shall have one vote.
In the case of an equality of votes --whether on a show of hands or a poll--the Chairman of the meeting at which the show of hands takes place, or at which a poll is demanded shall be entitled to a second casting vote.
The Minutes of General Meetings shall be open to inspection by any member at the office of the Secretary by arrangement.
13.0 Expulsion / Suspension Etc. of a member
The Committee by a two thirds majority of members present, or by a disciplinary Sub-Committee consisting of the President, Vice-President (s), Past-President, Secretary and Treasurer, by a simple majority may warn or suspend from membership for such period and under such penalties as they consider fit and proper any member deemed to have been guilty of conduct in any way detrimental to the Association, it's interests or its administration, provided that
(a) Such member shall have been given an opportunity by recorded letter sent by the Secretary of appearing before the Committee or Sub-Committee and
(b) That the substance of the complaint has been proved to the satisfaction of the Committee or Disciplinary Sub-Committee. Any member so warned or suspended shall be advised by the Secretary by recorded post as to the Committee or Sub-Committee's decision and such member if he so wishes may attend at the first Committee Meeting to be held thereafter to be heard in answer against the said warning or suspension. Following upon a suspension the Committee may expel the member concerned, provided such member has been advised in writing by the Secretary of when the proposed expulsion is to be effective. Any member so expelled may not be a guest at any of the Association's functions or activities. It is particularly provided, without prejudice to the foregoing, that any member fishing Association water or any water for which the Association has a right to issue tickets, without a permit shall ipso facto be required automatically to forfeit his membership, subject however, to the Committee or Disciplinary Sub- Committee's discretion with regard to the later restoration thereof.
14.0 Title to property
The title to all heritable subjects acquired by the Association shall be taken in the names of the President, Vice-President (s), Secretary and Treasurer for the time being, and their said offices, as Trustees for the Association.
The President, Vice-President, the Secretary and the Treasurer shall sign all deeds and writs bearing to deal with land or heritable property.
The Association for all legal purposes declares itself to be the successor of the former otherwise constituted " Aberdeen and District Angling Association " and hereby accepts the liability and benefits arising therefrom.
15.0 Pots and Fords Waters
"The Association" (being the Aberdeen and District Angling Association) understands and acknowledges that in view of the terms of an agreement between the holders in 1947 of fishing tickets on the Pots and Fords Water------hereinafter referred to as "the Pots and Fords Association"------(of the first part), and the lessors of the Pots and Fords fishing (The Dee Salmon Fishing Improvement Association)(of the second part), The Association can have no say with regard to any matters concerning the Pots and Fords fishing's, except under any agreement which may hereinafter be made between The Association and the said lessors. It has been informally agreed, however, between the Association and the members of The Pots and Fords Association that when the number of members in the Pots and Fords Association falls below the number of sixty the number shall be kept at sixty by each vacancy being filled from the membership of the Association, each said vacancy to be filled annually in such a manner as shall be determined by The Pots and Fords Association subject only to this, that only members of the Association who have been members for at least five years may be nominated to fill any vacancy in the Pots and Fords Association; but once appointed, such member of the Association shall become a full member of The Pots and Fords Association.
16.0 Fishing Regulations and Interpretation
From time to time the Committee of Management shall frame rules for the administration and regulation of the fishing's leased, owned or otherwise enjoyed by the Association, which are hereby declared to be binding upon all members, and the Committee shall have full powers to decide any questions arising out of or not provided for in the said rules.
17 .0 Entry Fee
The entry fee payable by each member shall be such sum as shall be fixed by the Association from time to time and no part of such entry fee shall be repayable once paid.
No entry fee will be charged for junior members.
18.0 Annual Subscription
The annual subscription shall be such sum as shall be fixed by the Association from time to time and no part of said annual subscription shall be repayable. The annual subscription does not entitle a member to fish at the Pots and Fords without a daily ticket. The annual subscription for junior and senior citizen members shall be less than the ordinary annual subscriptions to a degree, to be determined by an Annual General Meeting.
Any complaints against a member of the Association or any Association Official or employee shall be submitted in writing to the Secretary who shall report the said complaint to the Committee or to the Disciplinary Sub-Committee, to be dealt with in terms of clause 13 hereof.
1.0 Notice requiring to be given of Motions for a General Meeting:
"Notice of any motion to be put to a General Meeting must be intimated in writing to the Secretary 14 clear days before such meeting in order that the Secretary may incorporate intimations of such a Motion in the agenda."
(This is in order that the Secretary may be able to incorporate in the agenda for such General Meeting, intimation of such Motion. Notice of such General Meetings require to be given 7 clear days before the date on which the Meeting is to be held.)
2.0 Membership Strength:
Membership shall close once the number of persons joining have reached such total as may from time to time be deemed appropriate by the Management Committee.
A full member must be resident within 25 miles of Aberdeen .
3.0 "What is a Junior"
A Junior shall be a person under the age of 18 at the time of joining or renewing their subscription. In addition any adult member of the Association may be accompanied by up to 2 children under 12 years of age who may fish within the rules without joining. On reaching 12 years of age if the child wishes to continue with the sport of angling they can immediately join the Association as a Junior Member on payment of the appropriate fee.
4.0 "What is a Senior Citizen"
A Senior Citizen shall be a person over the age of 65 before the 1 st of March of the current season and a member for at least the five preceding years.
5.0 Renewal of Membership:
Members wishing to rejoin the Association must do so by the 28 February in order that the Committee may thereafter take in as many as possible from the waiting list.
It was agreed that where a member wishes to rejoin but has failed to pay his renewal subscription by the 28 February he shall then require to go on the waiting list and pay a further entry fee before being allowed back into the Association.
6.0 Closing of the waters on Competition days:
Waters shall be closed for fishing on the whole day of any competition except to those actually participating in the Competition and such persons may not be able to fish before the start of the competitions.
7.0 Bye Laws
The Committee also reserves the right to restrict the number of persons fishing the waters and to alter the cost and allocation of visitor's permits, as they consider necessary.
Members must use only the recognised pathways to waters. It is strictly forbidden to cross fields or to trespass on any adjacent properties. No litter must be left on riverbanks or elsewhere.
All Association property must be kept clean and tidy and any damage reported to the Secretary or to any Committee Member.
A return must be made to the Secretary of the quantities and type of fish caught. This is a necessary legal requirement for the Scottish Government
Failure to comply with the Association's constitution and rules may lead to forfeiture of membership or to any penalty decided by the Committee.
Version at 26 March 2012 updated (bye-law only change):