Tuarascail FoChoiste Ballraiochta

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TuarascailFo-Choiste Ballraiochta

• Report Of Membership
• Sub-Committee
• Approved by Congress
• 30th October 2004

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• 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 .

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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.

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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

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(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.

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(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

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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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.

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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

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(21) Rule 92 O.G. - Quorum

• This Rule shall not apply to a Club General
  Meeting
• Reason
• It would be too onerous.

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(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

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(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.

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(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)

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(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)