| WASCO
Constitution
1 This Association
shall be called WALES ASSOCIATION OF SELF CATERING OPERATORS,
hereinafter called 'the Association'.
2.1 The
objects of the Association are: -
2.1(a)
to represent the collective interests of the members,
2.1(b) to provide an information service to members on all
matters affecting the conduct of their self-catering businesses,
2.1(c) to promote the use of Members' self-catering accommodation
if quality graded by a scheme or schemes in accordance with
clause 3.1(c) and to encourage, promote and uphold high quality
standards,
2.1(d) to obtain benefits for members from suppliers of goods
and services,
2.1(e) to join, or become affiliated to, such other organisations
as can further advance the objects of the Association or its
members,
2.1(f) to organise conferences, seminars or workshops for
members and others on any matters affecting self-catering
businesses,
2.1(g) to undertake such other activities compatible with
sub-clauses a) and f) of this clause as the Council may from
time to time decide.
2.2 The
objects set out in this clause may, where appropriate, be
carried into effect on a regional basis.
3.1 Membership
of the Association shall be open to:
3.1(a)
All businesses or persons, as appropriate, who own, manage
or let (whether for themselves or on behalf of others) property
in Wales, other than bunk houses, youth hostels, caravans
or tents, predominantly used for self catering accommodation
of holiday makers. All members are required to demonstrate
that they are committed to quality, or
3.1(b) To any person who does not qualify as a Member as defined
in 3.1(a) and are proposed as an Honorary Member by a majority
vote of the Council and are approved as an Honorary Member
by a majority vote of Members present at a General Meeting.
Any Honorary Member so approved will not be charged a Membership
Fee or have any voting rights of a Member as defined in 3.1(a)
and their Honorary Membership will automatically lapse in
the event that for whatever reason they qualify for Membership
as defined in 3.1(a).
3.1(c) In the marketing or advertising of a property or properties,
Members as defined in 3.1(a) may only use or refer to their
membership of the Association in any marketing or advertising
literature, (including letterheads, business cards, etc.)
printed or otherwise if such property or properties participate
in a quality scheme or schemes proposed by two thirds of the
Council from time to time and ratified by a majority vote
of Members at a General Meeting.
3.1(d) Not withstanding 3.1(c) above, the Association will
use its best endeavours to encourage all Members to give full
consideration to the potential sales and marketing benefits
of having their property or properties assessed by a scheme
or schemes approved as in 3.1(c) above, within twelve months
of being a Member of the Association and only properties so
assessed will qualify for inclusion in any sales and or marketing
activity undertaken by the Association to generate business
for its Members.
3.2 Associations, Federations or similar bodies formed in
different areas in Wales to represent persons to membership
under clause 3.1 and persons who do not qualify for membership
under 3.1 but who are engaged in the tourist trade and have
interests closely connected with self-catering in Wales (whether
such connection is geographic or in the nature of their business)
may be admitted to Associate Membership.
3.3 Persons
eligible for membership shall become members upon payment
of the subscription appropriate to them (such subscriptions
being determined under the provisions of clause 5 and shall
remain members until the period for which such subscription
has been paid has expired.
3.4 The
provisions of clause 3.3 shall apply, mutatis mutandis, to
persons eligible to be Associate Members. Associate members
shall be entitled to attend all general meetings and to speak
but shall not be entitled to vote.
3.5 The
Council may, after notice to the member concerned and hearing
the member, expel any member whose actions or statements have,
in the opinion of the Council tended to bring the Association,
or self-catering in Wales, into disrepute.
3.6 Honorary
Members shall be permitted to speak at general meetings, but
not to vote at such meetings unless the Honorary Member has
been elected as Chairman in accordance with clause 4.2(c)
3.7. No
Member shall have any remedy at any time against WASCO its
Officers Council Members or any other member whether in tort
contract or by statute in respect of any statement made or
advice given or action taken directly or indirectly by WASCO,
its Officers or other members during the period of membership
save that nothing herein shall exclude anyone from liability
for fraudulent statements or acts or personal injury or death.
4.1 (a)
(i) The Management of the Association shall be conducted by
a Council whose Members shall be elected at an Annual General
Meeting (AGM). The AGM of the Association is to be held not
before the 15th October and not later than the 15th December,
in any year. The Council shall be not more than 14 in number
including the Chairman elected in accordance with Rule 4.2.
(ii) Of the 14 Members not more than 7 Members of the Council
should have their principle place of business north of the
line formed by the Northern shore of the River Dovey (Afon
Dyfi), the line of the A 470 from Commins Coch to its junction
with the A 489 and the one of the A 49 to the Welsh Border
(hereinafter called 'The North-South Line'); and not more
than 7 members shall have the principle place of business
south of that line;
(iii) The Quorum for Council Meetings shall be six, of whom
not less than two shall be from the North (as defined by this
Clause) and not less that two shall be from the South.
4.1(b)
(i) Nominations from members wishing to become Council Members
must be received by the chairman seven days before the Annual
General Meeting. In the event of there being insufficient
nominations for the vacancies, nominations from the floor
may be accepted.
(ii) In the event that there are more nominations than places
available on the Council in the North or the South as the
case may be the Chairman shall put to the vote the nominations
in the order that they are received by the Secretary of the
Association until the relevant number of places on the Council
from the North or the South as the case may be shall have
been filled;
4.1(c) Two of the fourteen members of the Council referred
to in Clause 4.1(a) shall be representatives of letting agencies.
Votes for such agency Council members shall be cast by agency
members only, such agency members having not voted for the
remaining twelve Council members.
4.1(d) Council members shall serve for a period of two years
following the AGM at which they were appointed. At the AGM
in 2005 however, three Council members from the North and
three Council members from the South shall stand for re-election.
The members shall be put forward to re-election by the Council.
4.2(a)
in alternate years, the Annual General Meeting shall by ballot
elect a Chairman who shall hold office for two years and shall
not be eligible for re-election until after the expiry of
a further two years.
4.2(b) If no Member willing to serve shall be proposed for
the office of Chairman at the Annual General Meeting, the
Council shall elect one of their number as Chairman to hold
office until the next Annual General Meeting.
4.2(c) In the event a Chairman is not elected in accordance
with clauses 4.2(a) or 4.2(b) the Council may appoint as Chairman
a Member willing to serve as Chairman or a person who may
not be a Member as defined in clause as 3.1(a). If the Chairman
so elected is not a Member the person elected will serve subject
to he or she either becoming a Member as defined in clause
3.1(a) or serve subject to being formally proposed and approved
as an Honorary Member in accordance with clause 3.1(b) at
the first General Meeting next following their appointment.
4.2(d) Any person elected in accordance with clause 4.2(b)
or clause 4.2(c) shall, if proposed for election at the Annual
General Meeting next following, be entitled to hold office
for one further year only.
4.3 In
alternate years, the Council shall by ballot elect from among
its members a Vice-Chairman and such Vice-Chairman shall hold
office for two years and shall not be eligible for election
as Vice-Chairman until after the expiry of the further two
years.
4.4 The
Council shall elect from among its members an Honorary Treasurer
and such other officers as may from time to time be considered
requisite, such officers to hold office for one year and shall
be eligible for re-election. The Council may appoint a secretary,
whose office may be either honorary, with the benefit of an
honorarium, or paid, as the council may decide.
4.5 The
Association's financial year shall run from 1 September to
31 August and the Honorary Treasurer shall be responsible
for presenting the Association's Annual Account, audited by
a person of financial competence appointed by the Council,
to the Association's Annual General Meeting for adoption by
that meeting.
4.6 In
the event that a Chairman shall cease to be eligible for membership
of the Association, or shall give notice that he wishes to
retire from the office of Chairman, or shall otherwise cease
to be capable of carrying on the office for Chairman, the
Vice-Chairman shall succeed to the office of Chairman and
shall continue in that office until the expiry of the time
when the Chairman whom he has replaced would have held office.
In such event the council shall elect a Vice-Chairman in accordance
with provisions of clause 4.3 to hold office for the balance
of the former Vice-Chairman's term of office.
4.7 The
officers and members of the Council shall be entitled to be
reimbursed expenses necessarily incurred by them in the conduct
of their office, including mileage allowances for attendance
at council meetings. The rate of mileage allowances shall
be determined by the Council, subject to ratification of the
Association in an Annual General Meeting, and no such allowances
may be claimed in respect of journeys undertaken without prior
approval of the Council.
4.8 Voting
in the Council shall be by show of hands of those present
at the meeting, unless one third of the members present request
a ballot, in which event all Council members shall be balloted
by post. In the event of equality of voting, the Chairman
may (but shall not be obliged to) cast an additional, casting,
vote; if a casting vote is not cast, the motion shall have
failed. In such case the motion may again be put once to the
next or a subsequent meeting of the Council, but no motion
to rescind or vary a decision of the council shall be considered
until after the expiry of six months of such decision.
4.9 If
any member of the Council shall die or resign, the Council
shall co-opt a member to fill the place vacated for the balance
of the year that the resigning member should have served.
A member so co-opted shall have his or her principle place
of business on the same side of the north-south line as that
of the member ceasing to be a Council member, and shall be
the person who secured the highest number of votes of those
who failed to secure election. If such person is unable or
unwilling to accept co-option, the person securing the next
highest number of votes shall be co-opted, and so on. In the
event that no person who stood for election is willing or
able to accept co-option, the Council shall co-opt such other
person as it in its absolute discretion think fit.
4.10 The
Officers of the Association shall consist of the Chairman
Vice Chairman Treasurer and the Secretary. The Officers shall
have the power and the authority of the members to conduct
the business of the Association in accordance with the objects.
In doing so any two Officers shall specifically have power
to incur expenditure appoint staff make financial commitments
and contracts of a day to day nature and shall have specific
power to incur the expenditure up to the sum of £200
( or such other sum as the Council shall determine from time
to time ) without recourse to the authority of the Council.
4.11 Any
Officer or Council Member acting in good faith and in accordance
with the Objects and Constitution of the Association shall
be entitled to be indemnified by the Association and its members
from any costs or expenses incurred as a result of his acting
on behalf of the Association.
5 The
subscriptions to be paid by members and associate members
for the year commencing 1st September next following each
Annual General Meeting or for a year commencing on an alternate
date proposed by the Council shall be recommended to each
Annual General Meeting by the Council and shall be fixed at
such rate as the Annual General Meeting shall decide. Subscriptions
my be a fixed sum for all members or varied in accordance
with the size of their business (or other parameter so approved).
6 The
Council's meeting shall be conducted in accordance with standing
orders approved in an Annual General Meeting.
7 All
decisions of a General Meeting shall be determined by a simple
majority of Members present and voting thereat on the basis
of one vote per business or person as appropriate, save amendments
to this Constitution which shall require a majority of two
thirds of the Members present and voting.
8 General
meetings shall be convened at the direction of the Council
by notice sent by the secretary (or other officers so instructed
by the council) sent to each member and associate member not
less than 14 days before the date fixed for such meeting.
Forty members may, by notice signed by each of them and sent
to the Chairman, require a general meeting to be called within
one calendar month of the date that such notice is received
by the Chairman. Such notices shall be accompanied by such
sum as the Honorary Treasurer shall advise the members requiring
the meeting to be called is required to cover the cost of
convening the meeting, but any general meeting so called may
decide that that sum shall be borne by the general funds of
the Association and be refunded to the members who convened
the meeting.
9 The
title to all real or personal property which may be acquired
by or on behalf of the Association shall be vested in not
less than two nor more than four individuals members appointed
by the Council in that behalf (not being members of the Council)
who shall hold such property on trust for the Association.
10 If
the Council by a simple majority decides at any time that
on grounds of expense or otherwise it is necessary or advisable
to dissolve the Association then it shall call a meeting of
all members of the Association who are entitled to vote not
less than 21 days notice of such meeting (setting out the
terms of the resolutions to be proposed). If such decision
of the Council shall be confirmed by a simple majority of
those present and voting at such meeting of the Association
then the Council shall have the power to dispose of any assets
held by or on behalf of the Association for the satisfaction
of all proper debts and liabilities of the Association and
any assets then remaining shall be given or transferred to
such other institution or institutions, whether regional or
national, having objects which includes objects similar to
those of the Association as the Council may determine.
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