1. NAME:

1.1 The body shall be called the National Caving Association.

2. DEFINITION:

2.1 The Association is a national federation of caving groups representing regional caving councils, national bodies with specialist interests and caving clubs all of whom have autonomy in their own field.

2.2 All shall be referred to as Members, where applicable.

3. AIMS:

3.2 To act as a national spokesman and negotiating body on behalf of Members, when required by them to do so. To protect their interests and to provide facilities when required to co-ordinate effort where interests overlap.

3.3 To provide information on behalf of cavers in general, and promote an exchange of ideas and information between Members.

3.4 To make contact with other national bodies.

3.5 To negotiate for funds to support caving activities.

4. GUIDING PRINCIPLES:

The guiding principles are:

4.2 That regional interests are focused in a diversity of regional bodies made up of member clubs and individual cavers.

4.3 That interest in specific facets of caving is concentrated in a number of national specialist bodies.

4.4 That the nature of exploration and conservation of caves, and thus access to them, is based in science and technology, inextricably linked to the sporting aspects of the pursuit.

4.5 That the owners and tenants of property containing caves have the right to grant or withhold access. Where caving bodies have control of access delegated to them by the owners, such access should be obtained and granted as freely as possible for all responsible cavers, within the terms of those agreements. When obliged to make new agreements, the appropriate body should endeavour to ensure that this freedom is maintained and improved.

5. MEMBERSHIP:

5.1 The Association shall have the following classes of membership:

a) Constitutionally established bodies representative of a caving region, caving scientific bodies and any other constitutionally established body which is nationally representative of a particular aspect of caving all of whom shall be referred to as Constituent Bodies.

b) Constitutionally established caving clubs who are affiliated to or members of a Regional caving body or nationally representative specialist caving body who shall be referred to as Member Clubs.

5.2 a) Applications for Constituent Body Membership shall be put before and accepted at the Annual General Meeting.

b) Applications for Club Membership shall be put before and accepted by National Council, AGM or other General Meeting.

c) Constitutionally established caving bodies or constitutionally established caving clubs accepted by the Association as satisfying the conditions stated above, (5.1, 5.2a and 5.2b), shall become members.

d) A Club that has been refused membership shall have the right to appeal to the AGM in person.

6. OFFICERS, NATIONAL COUNCIL AND EXECUTIVE COMMITTEE:

6.1 The Association shall have a National Council comprising Chairman, Secretary, Treasurer and Convenors of all Special Committees, two representatives from member clubs and one representative appointed by each Regional and National Specialist Body.

6.3 National Council may co-opt persons to fill any vacancies.

6.4 The National Council may co-opt non voting Assistant Officers.

6.5 Each Member of the National Council shall have one vote except the Chairman who shall hold no vote except a casting vote.

6.6 In the event of a vote being necessary, matters shall be resolved by means of a simple majority.

6.8 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.

6.9 All correspondence of the Association shall be carried out with the knowledge and consent of the Hon. Secretary.

6.10 The National Council shall meet at least once a year.

7. SPECIAL COMMITTEES:

7.1 The National Council shall form Special Committees from time to time to deal with particular aspects of the Association's business and shall specify their terms of reference. The National Council shall ensure that Special Committees are formed to cover the following:

a) Conservation and Access

b) Training

c) Equipment

d) Legal and Insurance

e) Publications and Information

7.2 A Special Committee may co-opt such experts in its field as are available.

7.3 A Special Committee shall regulate its own business within its terms of reference and the constraints of the Association's "Manual of Operations".

7.4 A Special Committee shall report to the Annual General Meeting through the National Council.

8. GENERAL MEETINGS OF THE ASSOCIATION:

8.1 There shall be an Annual General Meeting of the Association which shall be held during the month of March each year or as soon as practicable thereafter. All General Meetings shall be arranged to take place at a venue agreed by the National Council.

8.2 The purpose of the Annual General Meeting shall be to discuss and establish matters of policy of the Association and to direct the National Council on such matters, to discuss Officers' and Convenors' reports and the business of the National Council during the year, to discuss constitutional matters, to consider applications for membership and to deal with any other business which may be included on the Agenda.

8.3 Representatives from constituent bodies and member clubs shall be invited to be present at the Meeting. For the purpose of formal business each constituent body and each member club shall be entitled to send one voting delegate who shall be duly authorised in writing by the body or club which they represent. There shall be no requirement for a quorum.

8.4 The Chairman may request delegates to indicate their preference on any matter by a show of hands of those present at the Meeting but all matters of import concerning policy, constitutional matters or the business of the Association considered outside the remit of the National Council shall be submitted to a postal ballot of Member Clubs. The Meeting shall instruct the National Council to arrange such a ballot and shall specify any wording necessary.

8.5 The National Council shall nominate a Chairman and Recorder for the Meeting. Neither the Chairman nor the Recorder shall be entitled to vote.

8.6 A Special General Meeting shall be called if this is requested in writing by not less than three Constituent Bodies or ten Member Clubs. In this case 12 weeks notice shall be given to all members.

8.7 At least 10 weeks notice shall be given to the Secretary of any matters to be raised at a Meeting of the Association.

8.8 The time, date and place of a General Meeting shall be published at least 12 weeks in advance of the meeting

8.9 The Secretary shall ensure than an agenda and any Ballot Papers shall be prepared and circulated to all Members by the Hon Secretary, not less than six weeks before any General Meeting of the Association, to give notice of the time, date and place of the Meeting and the subjects to be discussed.

8.10 An Emergency Meeting may be called by the Secretary with only two weeks notice. Only the subject giving rise to the emergency may be discussed.

8.11 Minutes shall be kept of all Meetings of the Association and these shall be circulated to all Members.

9. PROCEDURE FOR VOTING AND POSTAL BALLOTS:

9.2 Matters forming the subject of postal ballots shall be in the hands of the Hon. Secretary at least ten weeks prior to the Annual General Meeting or such other meeting that may be called to discuss the result of the ballot. Unless instructed otherwise by a General Meeting all ballots shall be arranged such that the result may be announced before or at the next General Meeting.

9.3 Constitutional matters shall be discussed and agreed by the National Council prior to submission for further discussion at a General Meeting of the Association. Thereafter such matters shall be submitted to postal ballot of Member Clubs. A motion on constitutional matters shall be passed in both National Council and postal ballot if 70% of those voting are in favour.

9.4 Any other motion discussed by National Council or submitted for postal ballot shall be passed if 51% of those voting are in favour.

9.5 In the matter of postal ballots all Member Clubs shall be entitled to one vote only irrespective of their membership or affiliations to Constituent Bodies.

10. FINANCE:

10.1 An agreed subscription shall be levied at the Annual General Meeting, the sum to be sufficient to maintain the work of the Association.

10.2 The Association shall have the power to raise funds from other sources.

10.3 No person shall receive payment in respect of work undertaken by the Association excepting in the case where expenses incurred by individuals on behalf of the Association are re-imbursed.

10.4 10.3 shall not apply in the case where the terms of such payment have been previously agreed by the National Council of the Association.

10.5 No person shall be entitled to vote at any meeting of the Association if they are in receipt of any remuneration in respect of services provided to the Association, or any of its members or constituent bodies, except in such cases where payments are made solely to cover out of pocket expenses.

10.6 All accounts holding NCA funds shall have at least three signatories, one of whom shall be the Association's Treasurer. Encashment of any funds shall require a minimum of two signatories.

10.8 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 Special Committees and others allocated funds, to prepare and submit for approval annual budgets detailing proposed income and expenditure, and subsequently, to submit for annual examination statements of the actual income and expenditure. Such statements shall be incorporated within the annual accounts of the Association.

11. LIMITATIONS:

11.1 Constituent Bodies who are members of the Association shall have a veto specifically on any matters which would prevent or conflict with their work or interests as defined in their own constitutions or established practice.

11.2 The Association shall not interfere in the affairs of a Member unless specifically requested to do so by that Member and shall not mediate between Members unless requested to do so by them.

11.3 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.

11.4 No one shall use the Association's name without the Association's express permission.

11.5 The National Council shall have the right to suspend the privileges of any individual acting with the authority of or on behalf of the Association but acting against the aims of the Association or its interests.

11.6 The National Council shall have the right to suspend or remove from office any Officer or Convenor acting against the aims of the Association or its interests after full consideration of the matter at a Meeting.

11.7 Any suspended individual shall have a right of appeal against an order of expulsion or suspension. Such an appeal shall be heard at a General Meeting of the Association. The individual must be sent notification a minimum of 28 days in advance to the last known address.

12. TRUSTEES:

12.1 There shall be four Trustees of the Association.

12.2 The first Trustees shall be appointed by the General Meeting of the Association and the freehold, share and other property of the Association shall be vested in them to be dealt with as the Genera1 Meeting shall from time to time direct by resolution (of which an entry in the minute book shall be conclusive evidence).

12.3 The Trustees shall be indemnified against risk and expense out of Association assets and property.

12.4 The Trustees shall hold office until death or resignation, or until removed from office by a resolution of a General Meeting of delegates from Members who may for any reason which may seem sufficient to a majority of 90% of those present, eligible to vote and voting at a General Meeting, remove any Trustee, or Trustees, from the office of Trustee. If by reason of such death, resignation or removal, it shall appear to the General Meeting that a new Trustee or Trustees should be appointed, or if the General Meeting shall deem it expedient to appoint an additional Trustee or Trustees, the General Meeting shall by resolution, nominate the person or persons to be appointed the new Trustee or Trustees.

12.5 For the purpose of giving effect to such nominations, the Hon. Secretary of the Association is hereby nominated to appoint new Trustees of the Association within the meaning of section 26 of the Trustees Act 1925, and he shall by deed duly appoint the person or persons so nominated by the General Meeting as the Trustee or Trustees of the Association, and the provisions of the Trustees Act shall apply to any such appointment.

12.6 Any statement of fact in any deed of appointment shall in favour of a person dealing bona fide and for value with the Association be conclusive evidence of the fact so stated.

12.7 All Trustees shall receive due notice of and associated papers of all General and Council Meetings of the Association.

13. DISSOLUTION:

13.1 The Association may be dissolved by a vote of 83% in favour of those present and voting at a Special General Meeting of the Association convened to consider the matter to which all Members must be invited. Such a Meeting shall also consider the disposal of the assets of the Association.

13.2. In the event of dissolution any assets of the Association remaining after the discharge of any proper debts or liabilities shall be disposed of by the Trustees, but under no circumstances shall they be passed to individual members of any Constituent Body or Member Club.

13.3. The Trustees shall have regard to the aims and objectives of the Association when considering the disposal of any of the Association's assets.

14. INTERPRETATION:

14.1 A General Meeting of the Association shall be the final interpreter of this constitution.

14.2 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.

Prepared by A.R. Wood, 10th June 2000