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Tuarascail FoChoiste Ballraiochta

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Title: Tuarascail FoChoiste Ballraiochta


1
TuarascailFo-Choiste Ballraiochta
  • Report Of Membership
  • Sub-Committee
  • Approved by Congress
  • 30th October 2004

2
  • Membership Procedures
  • Categories of Membership
  • Membership Criteria
  • Membership Rules in Official Guide
  • Redraft Club Constitution in simple form
  • Rights and Privileges pertaining to Membership
  • Identify possible omissions in existing Rules,
    Regulations and Procedures, with a view to
    eliminating different interpretations
  • Judgements made in Law in relation to Membership,
    with a view to steps being taken to avoid, if
    possible, future litigation .

3
CHANGES
  • 1. Rules 6 and 7 O.G. - Units/Jurisdiction
  • That the contents of these two Rules be
    incorporated into one Rule, with the content of
    existing Rule 7 being amended to state that all
    members and units shall be subject to the
    jurisdiction of the Associations Rules and Bye
    Laws in all matters that may arise.
  • Reason -
  • Streamlining and an emphasis that
    jurisdiction involves the application of the
    Associations Rules and Bye Laws in all matters
    and at all times.

4
Changes/ Cont.
  • (2) Rule 18 O.G. - Membership
  • This Rule is redrafted and incorporates two
    important new provisions-
  • (i) Once granted, membership of the
    Association shall continue for life,
  • unless the member resigns in writing, or is
    expelled in accordance with the Official Guide.
  • Reason
  • To prevent a member from claiming in Law that
    he had ceased to be a member of the Club or of
    the Association on the non payment of any annual
    Membership Fee

5
(2) Rule 18 O.G. - Membership
  • (ii) The rights of a member of the
    Association shall be conditional upon the member
    complying with the Rules and Regulations of the
    Association /Club, including payment of any
    Annual Membership Fee. Such rights maybe
    withheld, restricted, or suspended in accordance
    with the Rules of the Association and Club.
  • Subject to the foregoing, only
    Registered Full Members shall be entitled to vote
    at
  • Meetings, including General Meetings.
  • Reason
  • To legislate for the withholding/restric
    tion/suspension of rights of Members.

6
(3) Rule 19 O.G. Registration of Members
  • That this Rule be states the following important
    provisions-
  • Every member shall be allocated a Registration
    Number by Central Committee.
  • A person becomes a member of the Association when
    he is approved as a Member by a Club.
  • A Club shall register its Youth Members with the
    County Committee, giving the Members full name,
    address and date of birth.
  • Amendments to the lists of Full Members and Youth
    Members shall be made annually, providing
    additions or deletions from the list of the
    previous year.
  • Reason -
  • To provide more comprehensive and tighter
    regulations governing the Registration of Full
    Members and Youth Members

7
(4)Electronic Registration of Membership
  • It is a requirement that there be Electronic
    Registration of Membership (This is already being
    put in place with over 100,000 electronically
    registered).
  • Reason
  • Utilisation of a modern system of Communication
    and various potential commercial benefits.

8
(5) Rule 26 O.G. Club Constitution
  • This Rule is abbreviated and rephrased.
  • The Constitution itself is redrafted with it
    being compliant with the Licensing Legislation.
  • The Constitution must be adopted by all clubs.
  • Club Byelaws must be agreed by County Committee.

9
(6) Rule 27 O.G. Registration of Players
  • As follows-
  • (i) That this Rule was amended with the following
    change.
  • There shall be annual
    Registration of the Clubs Adult, Under 21 and
    Minor Players.
  • The Players Name, Address and
    Registration Number shall be given in all cases,
    and in the case of an Under 21 and Minor Player,
    his Date and Place of Birth. A player need only
    be included in one of the three Registers
    Adult, Under 21 or Minor- , appropriate to his
    age.
  • Reasons
  • (1) The County Committees (or Divisional
    Committees as appropriate) must be in a position
    to know what members are registered as
    players as distinct from non playing members.
    In the interest of proper records it is proposed
    that this Registration be done annually. (It
    should be noted that the requirement to register
    Members annually is being discontinued - only
    additions or deletions need be submitted.
  • (2) Registration Numbers must be included for
    Identification Purposes, and to
  • emphasise that all Players must be
    Registered Full Members or Youth Members of the
    Association.

10
(7) Rule 30 Winding up a Club
  • A clause was added to this Rule providing that a
    decision to Wind Up a Club shall be subject to
    the approval of the County Committee.
  • Reason
  • To ensure that any such decision is based on
    necessity, and not to increase strength by
    amalgamation.

11
(9) Rule 31 Definitions
  • (A) That the terms Home County and Home Club
    (as contained in current Sections (b)) was
    redefined to provide that
  • (i) First legal participation shall be Club
    Competition (Under 12 Grade or over) organised by
    a County Committee or one of its Sub-Committees.
  • (ii) That participation is at an age not more
    than two years younger than the designated age
    level of the Competition.
  • Reasons
  • To have a more definite and standard definition
    of first legal participation.
  • To attach players to Clubs at a younger age level
    (12 rather than 16 years) provided that a player
    is not more than two years younger than the age
    limit of the Competition.

12
(9) Rule 31 Definitions (Cont.)
  • (B) That Definitions of Home Club are as follows
  • (i) Internal use within a County, such as for
    Internal Transfer purpose and
  • (ii) External use, such as for Declaration for
    Home Club, be separated, with current Section
    (b), with proposed amendments, applying
    Internally, and all Sections applying Externally.
  • The Sections of the Rule to apply Externally to
    be in a revised order with current (a), (b), (c)
    and (d) becoming (c), (a) with proposed
    amendments, (b) and (d) respectively.

13
(9) Rule 31 Definitions (Cont.)
  • Reasons
  • The original Rule was enacted for External
    Purposes i.e. Declaration for Home Club.
  • There should be provision within County Bye Laws
    for a player within a County to transfer back
    to his Home Club with which he had first legal
    participation in Competition organised by the
    County Committee or one of its Sub Committees
    (subject to that participation being at an age
    not more than two years younger than the
    designated age level of the Competition). However
    this should be the only Definition of Home Club
    for Internal Purposes.
  • (iii) The revised order of setting out the
    Definitions of Home Club for External Purposes is
    in order of considered importance.

14
(10) New Rule (included Playing Eligibility,
prior to Rule 31)
  • (a) The Rule to state that a player must be a
    registered Full Member or Youth Member.
  • (b) A player may not be a member of a Club for
    which he is ineligible to play.
  • Reasons
  • To provide that all players are Members of the
    Association and governed by its Rules, and to
    protect the Association in possible litigation
    matters
  • (b) above arises from a legal case, and the
    purpose of the provision is to safeguard against
    a similar situation arising in the future.

15
(12)Rule 32(b) (c) Rule 58(d) - Re
Minor/Under 21 Teams -
  • It is was decided as follows-
  • (i) That in Rule 32(b) the words Group
    Minor/Under 21 team be changed to Independent
    Minor/Under 21 team.
  • Reason
  • To emphasise that playing with such teams does
    not attach a player to a particular Parent Club.
  • (ii) That reference to County Bye Laws
    be deleted from Rule 32(b).
  • Reason
  • It conflicts with Rule 58(d) - Powers of a County
    Committee.
  • (iii) That Rule 32(c) be deleted.
  • Reason
  • Congress has previously decided that a Minor Unit
    is not a Club per se.
  • (iv) That Rule 58(d) be amended in its
    final line by the words separate Group team
    being replaced by an Independent Minor Team.
  • Reason
  • As in (i) above.

16
(13) Transfers and Declarations Associations
Ethos
  • It was decided that a new Rule be included at the
    beginning of the Section governing Transfers and
    Declarations, as a Preamble to these Rules,
    setting out the Associations ethos in these
    matters.
  • Reason
  • In the light of legal challenges in the Courts to
    the Transfer Rules in particular, it is important
    to set out in Rule the Associations ethos in
    these matters.

17
(16) Rule 38 O.G.- Transfers General -
  • That two additional Sections be added to this
    Rule to provide for-
  • Procedures and time limits for the granting of
    Inter County Transfers.
  • Provision that a player who transfers from one
    County to another, and subsequently, within two
    years, transfers back to the former County, shall
    rejoin the Club of which he was a member prior to
    the initial transfer.
  • Reasons
  • To set out in Rule procedures and time limits for
    the granting of Inter County Transfers.
  • To stop an abuse whereby players use the Inter
    County Transfer Rule for the purpose of
    subsequently transferring from one Club to
    another within a County - a transfer which
    players may not otherwise be entitled to.

18
(17) Rule 43
  • Provision was made in Rule to have all
    Properties owned by county committees, Provincial
    Councils and Central Councils vested in Trustees.
  • Reasons
  • For proper legal control of Association
    Property.

19
Rule 91 O.G. - Elective Office -
  • This Rule was amended to provide that Elective
    Offices are confined to Full Members who have
    paid their current Club Membership Fee in
    accordance with Rule 6.2 of the Club
    Constitution.
  • Reason
  • To ensure that Elective Offices are confined to
    paid up Full Members of the Association.

20
Borrowings Charges
  • Clubs must have the appropriate permission to
    borrow money or initiate charges They are
  • Club up to 10,000 on their own approval
  • Up to 75,000 on County Committee approval
  • Up to 150,000 on Provincial Council approval
  • All amounts over 150,000 need the approval of
    Central Council
  • Charges in respect of Loans and Government
    Grants, including lottery, lottery need up to
    date Declarations of Trust and the approval of
    the Central Council

21
(21) Rule 92 O.G. - Quorum
  • This Rule shall not apply to a Club General
    Meeting
  • Reason
  • It would be too onerous.

22
(22) Rules 94 and 11(e) O.G. Correspondence/Offici
al Documents
  • That reference to Under 15 be changed to Under
    16.
  • Reason
  • In the interests of consistency throughout the
    Rules

23
(23) Rule 149
  • The Register of all Players, not just Underage,
    be available for inspection to the Secretaries of
    any Unit, on demand in writing.
  • Reason
  • In the interests of transparency and the
    availability of such records.

24
(24) Arbitration Tribunal System
  • The introduction of an Arbitration Tribunal
    System is in place. This to be additional to
    the Appeals System, as provided for in the
    Rules. It is to permit further adjudication on
    matters of a serious nature/dispute.
  • Reason
  • To reduce the number of instances of
    Members/Units seeking redress through the Law
    Courts.
  • (Rule involved introduced at Congress 2005)

25
(25) Club Constitution
  • That a new Constitution, as provided, was
    approved by Congress, and the relevant
    Constitution is required to be adopted by all
    Clubs. It establishes the rights of our Members.
  • Reason
  • The new Constitution is to conform with the Rule
    changes in the Membership Report, to include
    necessary Additions and Amendments to the Rules
    of the Constitution, and to provide an easier to
    read format.
  • (Club Constitution has been provided)
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